Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-02-22


assent of wohds Of the sovereign members of the COME
deracy.
Perhaps the honorable Senator had the idea that in trans
action like this, where foreign Government transferred il
entire territory with all its inhabitants to the Government
sovereign, where transferred human allegiance as wei
as OF the SOIL il not treaty. and he feared
honorable friend in his eye (Mr. FosrER) good dea
taken by this doctrine But there ground for
treaty agreement with foreign sovereign and wher
was the sovereignty in Texas Certainly, according to tho
American doctrine, in the Of the people. Now if the
agreement made ultimately with the people, instead of be
ing less, il emphaticaly treaty with sovereign
Power than if made with the Government only If the hon
orabe Senator from Pennsy really intended to intimate
that transaction by which entire territory and people are
transferred to foreign sovereignty is not properly treaty
hough he at least would be estopped from such an
argument by his vote for the treaty of the last session. he
would give the aw and the prophets 1t was an authority
from the weight of which that gentleman would not detrac
and went directly to show that precisely such transaction
in view with the people of Texas is treaty. Vae
(book chap l6) speaks of two forms of treaty. in which
one OF the parties subordinate relation to the other
the treaty of protection merely and the other treaty
by which Power, account of weakness an intimate
community OF interest," other cause submits itself entirely to
another His language thsrs to treaty of pro-
lection
When nation not capable of preserving itself from in
suit and oppression she procure the protection of more
powerful State If she BY only engaging to nerfom
certain articles tribute the safety OBJ
taned to furnish her protector with troops to embark IN
all ms wars as JOINT but still rescryng herself the
right OF administering her Government pleasure is
simple treaty 81 PREDICTION that does all derogae from
her sovereignty and differs from ordinary treaties of
alliance otherwise than creates difference in The dignity
OF the contracting parties"
Then follows paragraph describing precisely the nature of
the transaction before by which foreign State
proposed to be completely subjected and incorporated into
another, and denominating expressly treaty. He begged
leave to read it to the Senate:
But this matter is sometimes carried still further and
though nation under obligation preserve with the
most the liberty and independence Nature
yet when has sufficient strength of ITSELF
unable to resist its enemies it lawfully subject itself
more powerful nato on certain conditions agreed TO by both
parties and the compact treaty of submission will thence
be the and the rule the rights of each For
since the people who subsection resign right which
naturally belongs tem transfer to another nation
they are perfectly at liberty what conditions they
70 s transfer and the other party BY accepting their
uoecton on this foong engages to observe regous all the
clauses OF the treaty.
He knew that his honorable and learned friend from Massa
chusets (Mr CHoArE had, during the session. thrown
out the idea that this properly the subject of treaty.
and had asserted that the records history could show an
example OF such treaty With all respect for the learning
and sagaciy of his honorable friend he nevertheless be
permitted to say that OH this point he thought him mistaken
Such instances must naturally have occurred the mutations
OF empire His friend well knew the frequency with which
the absorption OF lesser States had occurred the progress
the Roman empire universal dominion He had not made
this point subject of inquiry but he thought he could
not IN saying that there had been instances the
sorpon and incorporation by treaty. be mistaken 1t had also
taken place in modern times How had the monarchies
Of Europe grown and extended themselves but by the
nexation I'm undoubtedly by convenon) of weak
er territories around them Let the honorable Senator
suit the classic pages of his admirable Prescott and
doubt not he will find there that the Spanish monarchy had
been built and established by successive interpretations
with Aragon and CASTLE of the kingdoms of Granada and
Navarro The of Granada directly in point, and
was striking and picturesque its character as to be fresh
IN the recollection Of ALL The Moorish sovereign the
naced wreck OF his affairs made treaty. by which he
dered his whole kingdom to Ferdinand and Isabella for small
er province, which also he afterwards surrendered and finally
retired into Africa Let the gentleman look the history Of
the Low CountHeshe great battlefield of Europe-and
how with occasional periods of national independence, they
had been transferred from sovereign to another Was all
this done without treaty Or let him still more mod
en instancethe connexion between Norway and Sweden
Norway had been dependency of Denmark Denmark, by
treaty. ceded her to Sweden but Norway refused to he coded
she set up her banner like Texas adopted Con-
stuon, and asserted her Independence but length being
closely pressed by Sweden she entered negotiation and
concluded contention, by which she surrendered her
eighty, both territory and people, to the Swedish
These certainly in point But Mr. r. did not rest
on them he rested the mpegnabe authority Of the we'll
known exposition of the law of nations which he had quoted
authority which the hands of every Trainer of the
Constitution While, the part of Texas, therefore,
peal to the people might be necessary sanction the transfer
OF their entire territory and national independence with
the Constitution had provided competent power treat with
them in the regular treaty making branch Of the Government
and that power bound pursue according the i'm
peratiye forms of the Constitution.
Mr. r. had said thus much in relation to the treaty making
power because he considered ndsputabe preliminary to
another question the general power Of making convention
al arrangements with foreign nations delegated by the
Constitution to the President and twohrs Of the Senate and
in the words of General Washington exclusively vested in
he then he held that other clause the instrument
could be so interpreted to nuy that grant Would the
Senator from Pennsylvania tell him that after this nvesue of
the treaty power the Executive and wohrds the States
as represented in this body admissible to give such
construction to another clause Of the Constitution wholly to
ovcre and ubve that power Yet that scope and
necessary effect of the argument Under the power Of Con-
gross to admit States into the Unon contended that
majority Of the Houses of Congress could enerino
spulatons and agreements with foreign States for their ncor
poraon into political system, although the power Of treat
ing with regn States had been expressly restricted TO the
President and cods Of the States represented in this
body Would not be most extraordinary indeed, that the
wise and sagacious who framed the Constitution should
have placed strong check the unmporant trans
actions Of this Government with foreign Powers such the
payment Of of money! the surrender Of criminals the
fixing OF some small and unmporan boundary line, by requr
ing the Of the States and yet should have
abandoned to simple majority Of the two Houses the vast
formidable, anscendant power Of treating with foreign
ton for its incorporation into Union The state
ment OF the proposition sufficient II could bear
moments consideration. Was such power capable
of derangng the original adjustment Of their relative interests
among the States amendment Of the Constitution itself
And for the amendment of the Constitution the assent of
three fourfhs OF the States ndspensaby required Was
to be presumed in the face Of this manifest intention Of the
trainers Of the Constitution TO all transactions
and agreements with foreign States the hands Of third
of the sovereign members Of the Confedcracy, that the
power Of admitting regn Government and people into the
Union would be entrusted TO the Of party
majority Of the two Houses of Congress II cannot be sup
posed for a moment
And in what part Of the Constitution was this vast imperial
power capable Of subverng all It's well adjusted balances
be found this lever Of Achmedes, with which prize up
from its stable foundations the whole system of consu
tional Government Where, he asked was be found