The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-01-01
Most respectfully and truly.
Your most obedient servant.
DAVID DUDLEY FIELD.
Hon ALBERT GALLArIN.
Monday Evening.

Dear Sir have received your note CT
Yesterday. asking my opinion respecting
the constitutional character Of the resolu,
ton fer annexing Texas by Legislative
act now before Congress Had not that
resolution been proposed, Ishould not
hive thought that there could be die, renee
Ofopinion on that subject
The Constitution Of the UniIcd States de.
ciares that 1.-The President shall have power,
by and with The advice and Consent o! the
Senate to make treaties. provide two thirds Of
the Senators concur" This power is not
given to Congress by any clause 0fthe CON-
sti.u,itn.
The INTENDED Joint resolution Pre- poses thai
! the treaty Of annexation between the United
States Of Am"rica and the Republic of Tex
as, signed on the l2ih of April, 1874 (xhicb
treaty Is recited Verbatim in the Resolution,
SHALL by the Senate ami House of Represel-
tativcs IN Congress assembled, be declared
to be the fundamental law Of union between
the sid United States and Texas. so soon
as the supreme authority of the sand Eepub-
lie Of Texas shall agree 10 the same
A doubt has been suggested, whether the
| General Government has the right, by iIs
sole authority, to add a foreign independent
5 ate TO the Union; and have ever been of
opinion that conditions might occur in q
treaty ratified by the President and the SEN
ate, such as any binding The United States TO
pay sum of money, with would rcquiie
the free assent Of Congress before such con-
ditions could be car led into effect Rui il
is unnecessary, on this occasion, TO discuss
those questions. That now at issue is sim
ply this: In whom is the power of NAL rag
| treaties vested by rlIe Constitution! The
United States have recognized the indepen-
dence OF Texas; and every compact between
independent nations is a treaty.
The Senate had rc.u ed 10 give its const Mt
to the said treaty, ard the resolution declares
that il shall nevertheless be made by Con-
gress fundamental law, binding the United
States. 1t transfers TO majority Of both
| Houses Of Congress, with the appreciation Of
| thu Presiden' and tNo-lh.rds Of both Houses,
without his appreciation, the power of max
ing treaties, which, by the Constitution. was
expressly and exclusively vested ia tire PreSi-
dent. with the consent OF two-;hirds Of tl,e.
Senate. 1t substitutes for written CoLsii-
tuition, which dis,rihu cs and de.;n-s- power,
the supremacy, or as il is called, the Cn,rira-
luton is evidently d;rt ct and in its present
shape, an undsguised u:urpaiion of power,
and violation oflhr constitution.
1t would not be difficult that it is not less
at war with the spirit than with the letter Of
that sacred instrument; and that the proyis-
ion which requires two-thirds ofIhc Senate.
was intended as a guarantee ofthe States
rights, and TO protect the weaker against The
abuse of the treaiv-making power if invested
in bare majority. But the case appears 10
me so clear, that would fear to obscure
that which is seli-cvi,lent, by adding ANY
argument to the simple recital Of the consti-
tutional provision and Of the proposed resolu-
ton.
have the honor TO be, with the highest
consideration and personal regard, dear sir,
your most o5edient servant,
ALBERT GALLATIN.