Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1845-02-20
REPORT OF THE SENATE'S COMMITTEE OF
THE ANNEXATION OF TEXAS.

NEfONI OF The SENATE'S CONMlIIEE On |
THE ANNEXATION OF TEXAS.
The Report Of MFR. ARcHeR, Chairman Of the |
Senate's Committee on Foreign Affairs, in rela-
ton to the Joint Resolution Of the House of Rep
resen,atves for the Annexation Of Texas to the |
United States, occupies more than seven columns
Of the National ln,elligencer. 1, is opposed to
tho proposed scheme Of Annexation by act of
Congress. AS we have not the space a, our dis
posa' unnecessary to lay the whole Report before
our readers, we avail ourselves Of a summary
view Of its arguments and conclusions which is
given by the Baltimore American:
with regard to the Constitutional power Of
tho Government to acquire foreign territory the
Report, after detailed investigation of the sub
ject, expresses the option that such power does
exist. The next thing TO be determined is in
what branch or department Of the Government
does this power reside.
The existence Of the power itselfis deriya,ive,
not primary. Thus it follows from the authority
TO make war. For war may imply conquest; and
conquest may bring with it the possession of a
foreign territory. Or the power may result from
that obligation which rests upon Congress to pro-
vide for the "general welfare" in which case the
acquisition of territory by purchase may be law
dui and proper. The instances Of Louisiana and
Florida are in point.
inasmuch then, as the power to acquire terri
tory is dervative, and comes only by necessary
implication, SO the question as to the department
of the Government by which such power may be
exercised must be determined by inference and
necessary implication. The power itself not be-
ing distinctly specified, not being mentioned at
all as an integral power, the Constitution could
not, Of course, indicate in terms how, or by what
functonaries it was to be exercised. We quote
the argument Of the report this point:
The second inquiry succeeds; BY what de-
pertinent of the Government may the power be
exerted With which does il reside Which
is the authority which makes the acqus
when 1t has been the result of successful war;
conquest! To Congress is given the discretion
to declare war but it is to this Office the decara-
ton of war, that the function of CONGRESS- IN re-
lalion to it is confined. May Congress declare
who is TO conduct it : Not Congress in the least.
Congress gives the authority, furnishes the
means, but with the conduct Congress has no
province or authority whatever. The progress of
the war subjects the territory which may have
been won and occupied.-But occupation of this
character gives no title to territory. 1t is to the
termination OF war, TO the arrangements for peace
that title, should II be acquired, must be traced
I'LL peace, and recognition by the losing party,
aihxes the seal, title is in transitu; the case is
that OF possession as distinguished from title-a
distinction the most important. The department
then, to which the province belongs, to obitera,e
this distinction, to change the condition of the
possession, discharge the final office of consum-
nation, make The possession property, that is the
department to which the acquisition and the pow
er OF acquisition is to be attributed. Territory is
property bargain is necessary to transfer To
ha of
terms, arrangements, conditions. We'll when
these or any Of them have to be entered into.
transacted with foreign political authority, there
is department assigned by our Constitution. 1t
is made up of the head Of the Executive and two
thirds of the Senate.
So, in the acquisition of territory Lv purcbase
the condition is the same. Purchase, bargain
and terms-engagement for the arrangement of
these, with the foreign authority which is to make
the concession of the proper,y-all these indicate
The jurisdiction to be appropriate TO the depart
inent to which the function is assigned, and as
signed exclusively, Of entering into engagements
with foreign authority.
The conclusion would seem, then, removed
beyond the reach of controversy, that territory
exterior 10 the Union, permitted to become part
OF 1t, can only find lawful passage through the
treaty power of the President and Senate. This
department, In the reasoning which has been SUBJ
mitted, so lar from setti.s UP claim to an extern
sion without limitation, or evncing avarice of ju-
risdcton, is presented the character of an aux
iiary only to other powers, inert till one Of these
invokes its assistance. further guaranty, too,
Is found Tor the innoXious character of this au-
thority. And what is that? 1t is the represent
tative In the Government Of its conservative ele-
ment, its federal characteristic.
The case presented by the Joint Resolution of
the House proposing the annexation of Texas is,
however, different case from one proposing the
acquisition of territory, by conquest or by pur-
chase. foreign population is to be transferred
In mass; but in this particular there is nothing
to distinguish it from an acquisition by conquest
which would extend authority over the conquered
people as well as over the subiugated territory.
In both instances and all instances of the acqusi-
ton OF an Inhabited territory, the population is
brought under the laws and political usages of
the country which makes the acquisition.
Still there is something in this proposed acqui-
sltlon of Texas which gives it peculiar individ-
uaIlty; the mode of the proposed acquisition does
not lessen the sngulatiy Of the whole affair.
The Report, in its general observations on this
point, says:
The mere aspect, then, i. may be permitted to
observe, OF the resolution in question: is of cha
racter to startle and awaken doubt Of propriety
and policy. jolntresolulion of the two Hous-
es of Congress TO what end To make ap-
preparation ola eigbboring foreign political State.
Under what circumstances !--Of any request, or
In'imation in any form, on the part Of The State
appropriated Of desire to be annexed If any such
nave been made, any desire revealed in the only
way In which Governments are permitted 10 know
the purposes of other Government, none have
been disclosed through the sole channel which
parliamentary bodies permitted TO recognise
as authority Tor their official action.