Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1845-02-24
rI,e ApmchbMr1 Jtr0iniaa.
MONDAY, FEBRUARY 81. 1915.
THE CONSTITUTIONAL QUESTION.

but for the precise state OF c'Icu"
stances which now exists. requiring, in the opinion oil
many the join, action of the two Houses of Congress.
furnishing the only reasonable prospect of immediate
success, the path would TO be clear that "the
wayfaring man, though fool need not err therein"
Territory may be acquired either by war. by purchase
or by cesslon-bul in each case the intervention oil
treaty necessary To the perfection the ,lile texcep
indeed whch rarely occurs as TO Justify the
assertion that the rule is without an cxceptun.) II, in /
with Great Britain, for example. Canada should
be subdued by our anus, II could only be by treaty,
negotiated at the termination of hosllIiies, that her re
hnqu shmeni Of adverse claim 10 its possession could
be obtained. Conquered territory is held. during war,
always subject such stipnaiions may be entered M
10 by the begeens al lis close, WHEN II Is retained OF
renqushed by the conqueror, IN whole or IN part, as
may be agreed upon by their respective negollaors-and
the only exception W there be ANY, TO this uniform Gus
nm is in those Instances in which one OF the beger
enl pow entirely sub!ued by the other, lis govern
men, subyer,d and its sovereignty anniaied, 50 that
there longer party with which the conqneror can
make a compact When acquired by purchase or ces-
siun the very terms themselves import conlract--a
,reaiy-wihout which the cement cannot be con
summaied. This proposition being established, the next
enquiry is in what department of cur government is the
power make compacis and treaties with foreign sove-
regn,ies deposited And the To that question
solves all the difficulty and removes all doubts from the
minds Of all who rightly, and who not under
the influence Of predetermined purpose 10 effect dar
ling object "oonsuton constitution" (to use The
language of the Charleston Mercury.) The President
and Senate constitute the treaty making power and they
alone are cumpeteut to make contracts with foreign ma
tons. They alone acquire foreign territory; as Con
cress, by the concurrent vote of the Houses
lone admit new States into the Union," after the ac>
QUESTION. by treaty. Of such territory.
Albert Gaaiin. Esq, one Of the few surviving states
men of Mr. Jeersons day. and long the personal friend
and political adviser Of the Sage of Monticello has re-
Gently, in second brief communication to the public.
nut this question upon its true basis. After citing the
Louisiana precedent, according to which, after the Pur
chase of The territory by treaty, new States formed
out of / have been admitted into the Union by act OF
Congress- he contends that sin the same manner Con
rrcss may now. by analogous process resolve tina
Texas whenever acquired in conformity with the consl
luton shall be admitted into the Union as State or as
Staes"-and that Senator I'euo,'s-- "F''ona with The
,,r nc i. states to submit the treaty for con
eh'r to the two Houses Congress or to the
SENATE would therefore be unexcepionable.
Is worthy OF remark that every precedent is in IA
" VI 'he construction that we give the constitution
ana un''' now, the undispued construction. How
was Lo"s'dn" acquired By treaty. How was Flor
"a" acquired by treaty. And even the territory nh
'aned, at various times from the Indian tribes whom u
nave never regarded strictly naions has been uni
'o"y acquired by the agency of the treaty. maxine
po"e1' Even when the proposition 10 annex Texas 10
'o o"loh was tfs entertained The idea naturally suo.
eeseo se' mat II could be effected only by treaty.
nd 4 tans
DC more d'icnly IN procuring the assent of Two thirds ot
'' oooy man OF bare maorlties in each branch of Com
e'e's' 'n inc scheme OF Grading the constitutional re.
1'''e'eh' ny giving to one clause OF that instrument
Construct on never before attached it, and not dream
ea o we venture to say, by its ramers was first tmid-
~ suggested, and afterwards boldly ayowed,
Inc true theory of the constitution on this subject s
e"ooo'ed IN Mr.. Calhonn's speech in lsl6-and tina,
10 ''a' 'h"se subjects which fall naturally within the
s''pe o' 'hat treaty making power, such as contracts
WIN foreign powers are necessar ~ excluded from The
"Ssm're jurisdiction Of Congressman they canno,
w "''e" upon by that body without glaring u
S''Paooh OF nngraned power, and dangerous infrac
W." VI VI me national charter But the theory did no,
o's'na'e win him. Naturally and inevitably deducble
Is nom The very language of the constitution such has
"'" us '"Varaole Interpretation until the strict CON
| ''' VI oui uay nave endeavored 10 give 10 one
VI us clauses an import comprehensive and laudi
"ous as " The dead could hear. nigh, well sartle and a
maze The shades of Alexander Hamilton and Fisher
ahes as early as l796, the following resolu,on of
Tered IN The House of Representatives by Mr.. Madison
was adopted by vote of 81 to 35-the yeas c,nsti,,
ng The enIire Republican pary-the nays being F.de.
rass:
kesolved that it being declared by the Cd section q,
pf fhp
Sna,i have power by and with the advice and cunsen,
OF 'he Senate. 10 make iresies provided two,bird e
ne senators present concur, the House of Represeuto
,ces aces mol clam any agency maing ,eaiies but
'a. "heh treaty stipnates regulations on anv of The
suJecs submitted by the constitution 10 the nower c
N"efess " must depend for lis txecufiou as TO suob
sWdons on lac on airs 10 be passed bb COMPRESS.
'nu Inc constitutional riph and duiy of The Honse
" REPRESENTATIVES,, IN all such cases. deliberate ou the
eapedency or nexpediency of CARRYING such treaty ino
e"ec' and TO determine and thereon as in their uo
'"en' may De most conducive TO the public rood,,'
Inc ground of difference between the Republicans and
reoerasis IN 1916 was this; The former while denv
ing as 'he Wings now do. the right Of Congress to any
agency IN the negotiation Of treaties affirmed neve,be
less lis night TO Judge Of the expedency or nexpeJencv
OF passing such laws nigh, be deemed necessary IN
carry the treaty stpulaons into cfec-jnst as it. in the
case now before the country, Mr.. Tyrs treaty. proy
ding Tor The payment of the Texas naonal debt had
been ratified by majority OF twoibirds in the Senate
II would have been the right of Congress in its lepisla
i've capacity, 10 provide, refuse TO provide the
" f,r he,