The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1846-04-14

ton Of slaves without the consent of their
owners" This recognition and prohibition
are co-extensive with the boundaries of the
entire State. No exception, either north or
south of that line Under this 9Th article.
l,500 slaves might be removed to morrow in
to Northern Texas, despite the joint resolu-
ton of the last Congress. Is this the way.
sir. in which noxthern gentlemen, whose
votes for the measure were secured by this
pretended compromise, are 10 be rewarded 7
Is this the way in which slavery discharges
its obligations, and fulils conditions? Do
gentlemen tell me there is no territory of any
amount or value north of that line! Then.
sir, pronounce the fraud, the cheat, the du
| picity, the more downright and glaring. We
were told of compromse-of dividing Texas
into free and slave territory. few in the
north were sufficiently green and sof-faced
TO be caught by this cry. Without This BIT
lance, small as it was, annexation could no,
have been carried. If there were nothing in
that of worth, we were deceived then; il
there were something, we have been despoiI-
ed of it not0, And should new States here
| alter be carved out Of the present State OF
Texas, and those new States, any of them ex-
tending north Of that line, be asked to prohib-
1t slavery there, they would point to the ad-
mission of Texas as a lchoLe. with a slave
holding constitution, covering her entire sur
face. from north TO south, from east to west.
Both the mother State of Texas and the u
nited States would be. by this reference, es-
topped from insisting on any territory being
free north OF that line.
Am too late, then, Mr.. Chairman. in Cd
posing the admission of Texas, when she her
sell has violated her own agreement! When
she herself refused TO come in upon the terms
and on the conditions which Congress pre-
scribed for herl
But, Mr.. Chairman. humbly Insist, that
had Texas complied with all the conditions
imposed, her annexation and subsequent adj
mission would still have been unconstitutiop-
al. deny the power Of these confe1erafed
States TO annex foreign nation TO this I'm
ion. 1t is conceded that the power is not en-
pressiy granted in the Constitution, and we
have the highest authority for saving it is not
there by implication. Some forty years ago,
Mr.. Jefferson, whose authority should be
conclusive with the gentleman over the way,
used this emphatic language: 1.-THE Consti-
tuition has made no prOrision for our hclding
foreign territory, still less for incorporating
foreign nations into our Union."-Jef: Cor,
pol. 3, p. 5l2.
Again. in his letter TO Wilson Cary Mich
olas, he says: when consider that the
limits Of the United Stares are precisely fixed
by the treaty of 1888, that the Constitution
expressly declares itself made for the United
States, cannot help believing the intention
was not to permit Congress to admit into the
Union new States, which should not be form
ed out OF the territory for which, and under
whose authority alone, they were then &C.
ting" Here Mr.. Jefferson denies the right
to us of holding, much less of incorporate q,
Texas or any foreign nation into the Union.
True, he was speaking ofthe acquisition of
Louisiana. But the case of Louisiana was
much stronger for the advocates of annexa-
ton than was that of Texas. There the par
Ties were all agreed. No conflicting claims
interposed. The people of this territory de-
sired to be incorporated. The old States
were all anxious for the union. And France.
the acknowledged proprietor, was willing TO
transfer her right TO the soil. And vet. with
all these advaniitiouS circumstances Mr.. JEFF
ferson denied to us the constitutional right to
make the acquisition. 1t is well known that
he considered an amendment of the Consti-
tuition as necessary before this end could be
circumstances, or nearly all, are wanling.--
More than one-thnd of the original States
were opposed 10 the annexation. They op-
posed it as States in their sovereign capacity.
Mexico, TOO, interposed as the original aud
rlghtlul claimant, and majority of the peo-
pie oil the Union were opposed to it. How,
then, can The pretended disciples of Jefferson
maintain for a moment its constiturionaIiIy
And mark still further, sir, the difference in
the two cases. 1t was then being proposed
to acquire Louisiana by treaty-nOt by the
then unknown and unheard of method of
joint resolution. No other than the treaty.
making power was dreamed of by our Gov
ernment; and yet, under all these favorable
circumstances, MIR. Jefferson could not deem
the Constitution sufficiently elastic to admit
foreign territory. True, Louisiana was pur-
chased; but only from the necessity of the
case, for our commercial safety. But, he
commended, that there should be an er post
tdctO amendment OF The Constitution. which,
by its retroactive effect, might legalize the &C
QUESTION.
But again, sir, maintain, that if foreign
nations can be annexed 10 US, it must be by
treaty. and not by joint resolutions Of Con-
gress. No one will deny that these joint res
olutIons, ard the acceptance of their cOndi
tons by Texas, we're in the nature of a con-
tract; indeed, they constitute the only agree
ment or treaty in the case. By these we
stipulate to annex Texas; and on comply
ing with these, Texas agreed to be annexed.
Call them what you will, they are nothing
short of Il contract between nations, or, in
other words, a treaty. Who, then, ask,
can make such contract or treaty? Is il |
Congress. or is it the treaty-making power?
Sir, will adduce an authority here that
South Carolina cannot gainsay. Mr.. Cal |
houn, in his great speech in The House, in
1916. on the commercial treaty with Great
Britain, an extract from which, have before
me, took the ground that Congress cannot
make a contract ,cih a foreign nation" "that
it belonged only to the treaty making pow
er." | shall not stop TO produce a host Of
other authorities, that might do, to estab-
lish this position. ] am talking now to
Southern men. have given them Jeffer-
son and Calhoun; if they will not believe
them, ''neiIher would they believe. if one rose
from the dead" A treaty would have re-
quired the assent Of two-thirds of the Senate;
this could never have been obtained; hence