The New York herald., 1845-02-26
TWENTY-EIGHTH CONGRESS-.
SECOND SESSION.
I'm Senate.


SECOND SESSION.
In Senate.
WAsuINaroN, Monday, Feb "a, 1s45.
Prayer by the Rev Mr.. Tustin. Journal Of Sa-
turday passed over without reading.
Several Executive communications in relation
to the receipts and disbursements of the Post Office
Department.; in reference to contracts with the
War Department. &c
BY Mr.. DICKINSON from New York State for the
Annexation of Texas. BY Mr.. Dix, from the same
common wealth, against this proposed Anne xation.
BY Mr.. White, from the citizens of the West, for
pre-emption law to settlers upon the public lands
OF the Miami reservation.
Several private bills were disposed favorably or
adversely.
The Bill to enable the Chickasaw nation to test
the validity of their claims in the U. S. Courts,
were read third time and passed.
Mr.. TAPPAN, from the Committee on the Library,
which had been directed byresolution in regard of
by the Government OF France, presented a letter
from Collector Van Ness, in answer to inquiry OF
the com nittee in obedience to resolution.
The House Bill making appropriations for the
annual support OF the Military Academy at West
Point, was reported from committee by Mr. Evans,
with amendment providing for Board OF Vlsl
tatlon, TO be constituted OF one person from each
State, &c. Amendment agreed to. The bill being
brought TO Its passage, the ayes and noes were
called.
Mr. Woodbury. said he was instructed to vote
tor u.
Mr.. EVANS said this was a bill for the annual sup
port of the Academy. While it existed We were
bound to maintain It. II gentlemen wished to
abolish itthey could bring in bill for that purpose.
Mr.. BRREsE said he was instructed to vote against
this bill, and should do SO.
The roll was called, and the bill passed by the
following vote, viz:-
YEAs-Nessrs Archer, Ashley, Atchison Barrow,
Bates Bayard Benton, Berrien, Buchanan, Choae Clay
ton, Coqui.t: Dayton, Dckinson, Dix Evans Francis.
Henderson, Hnger, Huntington, johnson, Mangum, Mil
Ter, Phelps Port-r SEWER Sturgeon, Uphan, Walker
White, Woodbridge-3O.
NAYs-Messrs. Allen Atheron Breese, Fairfield, Fos-
ter las undersood) Hannegan, Niles, Semple Tappan
Woodoury-l0.
On motion of Mr.. HUNTINGTON, the veto of Pre-
sdent Tyler of the bill in relation to the revenue
cutters, further postponed until Thursday next
THR TEXAS DISCUSSION
Was announced as the regular order, the question
being upon concurrlng in the resolution OF Mr. Ar
cher's committee, tor indefinitely postponlng the
House Joint resolution tor annexIng Texas to the
United States
Mr.. DAYTON having the floor, said that he should
claim briefly the attention OF the Senate upon this
question He looked with great anxiety to the ac-
ton OF Congress upon this measure of annexation,
and to the coming events foretold in the shadows
which were now darkening the prospect before us.
Gene what may hereafter. he wished it to be said,
that when the crisis had invoked him to action,
while his hand held its sceptre, his heart had done
Its duty. The resolution from the House was de-
hclent In the substance, and In every requisition
the elements of law. II was drawn up with
general locseness and inaccuracy, which look ed,
indeed, as /! done with a design-a design to give
room and verge enough tor doubling consciences
and conflicting opinions respecting the spec,fca
tons of the act, all OF which to be settled here
after The Senator from Pa, Mr.. Buchanan,) had
referred 10 the provisions admitting Louisiana into
the Ualon, as a,precedent for this resolution for the
admission of Texas. Mr. D said tha, the cases were
distinctly dlsslmllar. In the the specifications
were all distinct and adapted to the actin the
other, 1t was all looseness OF phraseology. Ii was
deficient in the provision tor the formation of a
State and State Constitution for Texas,-and
how was the consent OF Texas to be given?-by
what authority 1.-The Executive, or the Legisla-
tive! How was Texas TO be informed of the pas
sage OF this act! There was provision in the
resolution for such communication lit was no part
Of the duty of the Executive to transmit to Texas
an authenticated copy of this resolution The whole
matter looked extremely like what it is, loose
and irregular, and Unprecedented proceeding Per-
haps it was supposed that Texas was on the watch,
and the moment the hook dropped, whe her
baited or naked, she would snap il up and swallow
IL down IN a mo nent. There was, however, one
distinct and unequvocal provision, in this resolu
tion-that which requires the State to be formed
out OF Texas, to submit her Constitution to the rat
hcation OF Congress. He denied the power on the
one part and the other, in part and in toto -
No man could foresee the excesses which might
lawfully result from the establishment of this un
constitutional precedent. There had been here.
fofore, two parties of construction of the Consttu-
tlon,-one, the strict construction party. the
other the more liberal party of construction but
there had recently sprung up third party whose
rule of construction would make it do anv thing
and every thing. He should prefer, himself 10
stick TO the text OF the instrument, only referring
TO contemporaries commentaries in the last
emergency. He should not, therefore, RELY upon
scrap from Madison, or Jefferson, but upon the
evIdensense and context o the Constitution and the
harmony of its several provisions Mr.. D. doubted
whether he could dlvest himself of all those prepos-
sessions and prejudlces to which the Senator ffom
Maryland had alluded yet he should endeavor to
approach the subject with that serious considera-
tlon which 1t demanded Mr. d. accordingly pro-
ceeded to definition Of the Constitutional pro-
vision for the admission of new States. He con.
tended that new Constitution did not make an
old State new one, nor did the junction Of two
old States. new State sIgnifed something new
and indicated something more than the annexatio on
OF en old State. Mr.. D. recapitulated a series of
constitutional provisions for the internal regulations
among the States as members OF the Federal
Union, to all OF which provisions the same unIim-
ted application OF construction might be given.
extendlng the operation ct the Constitution moi
within the limits OF the Union, for which il was
designed, but over the face OF the earth.-
Referring to the discussion OF the Texas question
before the late election, Mr. ID said he had unde r
stood the Senator from New York, (Mr. Dcken.
so1 ~ declaring that il wac the issue Of snnexa.
fel pgoo which the great Stats which that honova-