The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-02-25

s,sinsd a. III tbey shall be- attsned by treaty and
several who have spoken treat tho subject, in the
form presented as inffacton Of the ueay -makios
power and not essentially different nom the objects
proposed Ia the treaty before al the last session
have listened 10 these learned and Ingenious disssna-
tons with an increased conviction that me objections
ON this ground are fallacious and uniounded. Ii
seems TO 10Y apprehension that the treaty power and
the power Of Congress To admit new States into the
Union have not been fairly Examined separate and
apart from each other that lheir respective objects
aud ends have no, been fairly characterized neasur'
ed and contrasled with each other. Had this been
DONE IL must have forecosed the illogical conclusion
that the resolution before US proposes what would be
more Iightfuly proposed by treaty or that entench-
CO upon the province Of the treaty power in any con-
slitutionel sense whatever.
The Constitution gives TO the President, by and
with the advice and consent OF the Senate, the pow
er to make treaties. No purpose OF this power n
spseifsd-no ends or objects enumerated The pow
Of howhve has its Restrictions beside those present.
ed by International law These treaty functions, like
every other power must conform 10 the limitations OF
the Constitution
"a power (says Justice Story given by the Con.t-
tuition canBot be construed 10 authorize destruction
of other powers given in the same instrument. IL
must be construed, therefore, in subordinstion To H.
and cannot supeIsede interfere with any other OF
its fundamental provisions. Ia, is equally obligs-
tory and Of paramount authority within ITS seope and
no one embraces ngnl 10 anninHale hnolhefs
Sd Storys Com, par. l5O2, p. 3d.
The treaty power, then, no more than any other,
can usurp even what ordinarily, upon inteTna'
tional principles, treaty functions, - those functions be
lodged by our Constitution in another Department.
Now, the honorable Senator from Virginia (Mr.
Ryes) read from the LIST book of Vatte section l93,
that the subsection Of weaker sovereignty 10 more
powerful one, for purposes OF protection, was mailer
Of Isaiy-that terms we're TO be stipulated, which
..F. md hT.a nf
which the weaker nation might be RENTED again TO
its sovereignty This was read to demonstrate that
the proposed act Of admitting the new State OF Tex
as into our Union was the act Of treaty. The hrst
obvious answer 10 this position Is suppose the act 10
be treaty function, assumed, II is such a treaty
function as, If i shall be exercised al ALL the power
10 exercise II is expressly given TO Congress, "Con.
gress shall have power TO admit new States into the
Union" IL this act, therefore, be one OF treaty pow
er in other nations II IS clearly not treaty power I'M
der our Constitution. The Constitution, on this mat
ter Of admitting new States into the Union must be
Judged Of by itself to the extent for which Il speaks
Tor itself, and rules derived from the law Of nations
cannot be invoked when the Constitution has pre-
scribed rules 10 govern the case.
Vatte on the subject Of treaties, says:
at is from the fundamental laws of each State
that we must learn where resides thu authority that
capable OF contracting with validity IN the name OF
the tate."-BOok |, par. l54
Ia the quotation from Vattel made by the Senator
from Virginia discretion is contemplated by the par
ties treating to make their terms they agree and
the writer assumes, that breach OF the terms, Of
which the parties are to judge for themselves, they
are absolyed from the compact. These rules
read reasons by the honorable Senator to show
the act we contemplate Is an act OF treaty and that
the Congress could not accomplish it, because Of the
treaty terms and stpulalions 10 be effected But is
it not apparent, in the powers which Congress exer
Gle in admitting State into the Union, that,
with few exceptions, land these uniformly profered
US conditions IN the act Of admission aud not stpula-
tons by treaty conference) all the terms Of such
union fixed in the Constitution, and beyond all
discretion We cannot, and all the de partmens of
the Government concurring cannot-stipulae that
State admitted into this Union shall bear an unequal
tax, shall be shon of equal representation in Con-
gress shall have religious establishment shall be
deprived Of the trial by jury, any thing else that
puts the State, by favor or prejudice, on equal
footing with the original States TO rights and du-
ties guaranteed and prescribed in the Constitution
nor make any such compact as would permit the
State TO judge for itself of the nfracop and to alb
solve itself such cause from the compact.
There is nothing, then, which necessarily requires
the action OF the treaty power That Congress might
direct the appointment OF commissioners to confer
with Texas on such incidental subjects as are extra
and independent OF the fixed rights which attach
State on becoming a member of this Union, | have
no reason to doubt By section ten of article one of
the Constitution of the United States Congress can
authorize such convention with State of the Union.
And 10 asserting its clear jurisdiction of admitting
State into the Union, the Cons tuition pTescribes no
form as to the prelmlnaries. To this end and subs-
diary TO the main object, il may doubtless confer with
he new State by receiving or sending messages on
the subject, as II may approve appoint.
But our opponents contend that 10 admit Texas as
State into the Union is the acquisition of foreign ter
rory from foreign sovereignty and in such case we
10 .,ln ~ l..
er, whose peculiar and exclusive pTerogatve il is to
confer with foreign Powers, and especially to acquire
foreign terTtory and that in these respects the pre-
sent resolution proposes TO accomplish the same OBJ
Jects with the rejected treaty.
1t has appeared to me, Mr.. President, singular
omission that honorable Senator in wsqing these
objections has de- med it Of any Importance to ex-
plain or TO show Us in what our resolution Con-
templates the acquisition of foreign territory or
phom do we acquire territory and TO rhom is il &C.
Cured Texas, by the resolution, surenders no ter
rtory; do the United States thereby acquire any
deny this assumption, Mr. President on the broad
est grounds of distinction known TO the law of ma
tons, and TO the Constitution of the United States
When the acquisition of foreign territory and oreip
provinces are spok,D of by writer's on government
aud laws of nations, 1t is meant the foreign province
or territory, both OF property and dominion IS acau
ed to the prince or sovereign exclusive Of the idea
OF union among States either of plenary or qualified
sovereigntes, by league, alliance or confederation
In the union Of States political dominion is accord.
ed in each case to The extent and upon the terms of
the act OF union ln the Federal Union of the United
States these terms substantially mboded in our
Constitution and those States which come into this
Union must conform to these TERMS and are entitled
to all the benefit and protection which they guaranty
foreign territory acquired is at the discretion Of the
prince or sovereign as to its government and iuris.
prudence, its levies and contributions it, prot ction
and disposal. The laws Of nations impose some re-
stranis in protection of personal rights and private
property; the laws of the sovereign to whom the &C
QUESTION appertains most usually interpose some
Others but the power IS ever, to great extent, un-
qualified. And to lew sovereignties is the power
over an acquired territory more unrestricted iif not
restricted in the acqustion) than by the sovereignty
of the United States
Our Constitution provides, the Congress shall
have power TO dispose of and make all needful rules