Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1845-01-02
LETTER. or MN. GALLATIy.


The letter Of his venerable disciple ST Ieifer-
son and fellow, l4boref Of Madison will be found
below, and wenfed scarce be>Peak FOR il care
ful pefussl, a5evety one who feels the least fn1r
est in the Texas Question will mol fail 10 peruse
r.. lie has,sayS lRe Richmond Wing, been always
undertaking il his States Rights opinions, aud as
arginK principles too plain 10 be de-
MED ,ihe voice ofAhe venerable man, mi y through
The People reach and arrest The fcckFessand des.
eerate crew a p9Hiieai gamblers. as wsI4as Tex
as land jobb4fs and scrip snd bond moneers.
NEw. YoRs, Dsee,gber II. ls49 =
DsR Sin !; ! .hage,received yournote Of
'yeSseFday, asking my opinion respecting
the constitutional character Of the fesolu.
tion fer anhexing Texas by ! q legislative
ACT now before Congress Had not that
resolution been proposed. should not
have though, that there could be a differ
1ence Of opinion on that subject.
A doubts has been suggested, whether
Ehe General Government has the right,
Fhy its sole authority, 10 add foreign. in.
dependent state tothe onion: and have
ever been 81 opinion thatconaiions might
occur in a}tFeaty ratified by The President
and Senate. such as any binding the u.
niled States 10 pay a sum Of money,
which woqld require the free. assent Of
Congress before such conditions could be
carried into effect. But tisunnecessaty
on This OCCASION todiScuss those questions
That now stisgueis simply this In whom
rs the power 9f making treaties vested BY
the ConstltutiPns
The United States have recognised the
indePendepce of Texas; and every CON !:
pact between independent nations i a
treaty. I
:, The Constitution Of the United States
declares that I"the President shall have
power, By and with the advice and con-.
sent Of hes snaie, 10 nuke treaties, pro-
vided twoklhiFds Of the Senate concur"
This power is no, given TO Congress by
any clause Of the Constitution.
The intended joint resolution proposes
that the treaty OF annexation betwsentbe
United Statesof America and The Hepub
lie Of Texas, signed on the l2Ih day Of A.
lpril. 1874, fghich treaty is reciied verba-
Tim 10 The resolution J shall. BY the SEN
tte and House Of Representatives IN Con.
Y gress assembled be declared the fnnda.
mental law 81 union between The said u
Iuited States land Texas, as soon as The
supreme authority Of The said Republic Of
Texas shall agrseio The sane.
= The Senate had refused 10 give its
rpnEent TO THE said treaty. and The resou.
hon declares thai il shall nevertheless ) i
made by Congress afundamentalI law bind-
Jag the United Sales. /; iransfersI.a a
majority Of both Houses OF Con gress. With
the appreciation Of the President, and 10
,wo-thirds OF both Houses " ithout Afs ars-
probation, the power Of making treaties.
which BY the Constitution was expressly
and excIusIyfiy vested 10 the President
with che consent Of lwo-lhirds Of The Sen.
ate, IiHsubslitufes for written Consiiu.
lion, which distributes and defines powers
the SUPREMACY, ors4as if Is called, the on
impotence Of a Rxiiisd Parliament. The
resolution is eyidently direct. and in! lis
present shape, an undiSguised usurpat;on
Of power and violation Of ths Constitution.
.Itwonld net be difficult to show that il
is hoi less ali war with the spirit than with
the letter 81 that sacred instrument and
that heProTision which requires The con-
sent Of TWO thirds Of The Senate was Ia
tended as guaranty Of The States rights,
and 10 protect the weaker agains, he !.
buse oflhe DISCRIMINATING power. If vest.
ed in bare majority. Bntsthe case an.
pears 70 me ~ clear, thatI would fear 10
OBSCURE that which = self evident by ad
Ding any argument 10 the simple recital of
the constitutional provision end Of the
proposed resolution,
u have The honor 10 be. with high con.
esideraiion and personal regard, dear sir
your most obedient servant.
ALBERT GALLATIN.
DAVID DUDLEY FIELD, Esq. N Y.