The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1848-09-06


Inss, and whose organization fix that verde,
against usi"
And little after. sill referring to me, be
exciaims-
And do southern statesmen sound the
frs, note Of retreat Does the flag fall
first 10 their hands 7"
Now, as I intend to advance again that
a'rocious senImen, which, delivered by me
on the second day Of June, awakened the
prophetic horror of my colleague OF the
House on the first and as his speech, no
doub, with The kiGdesl feelings towards ne,
4" as printed and circulated extensively in the
State Of North Carolina, the Senate will
see why have made this reference aud
that it is demanded Of me, as a matter of
respect and grateful consideration 10 him,
thai should STATE the grounds on which
my opinion rests; Gn opinion, by the ex
preston Of which | have, according 10 his
phrase, sounded the frs, note of retreat +"
from position ahich | have never assum,
ed, and thrown down flag which never
raised.
10 order to full understanding of nv
views, it is necessary that | should % back
little IN the srgumeni, and show tina, this
Government has ri.h, TO acquire terrific
~, and whence that right is derived. Up.
on this point dlierenl opinions have been ex.
pressed. My f'iend from Massachusetts,,
Mr.. Davis 10 very able speech 90 this
subject, treated this as cGsus omissus in
the Constitution, held the power to acquire
an assumed one, and The right 10 govern as
consequence merely Of the ecqusilion.-
10 my opinion, the power TO scourc terri.
tory is expressly conferred upon the Gov.
ernment OF the United States BY the Con
silulion. The President, by and with the
advice and consent Of The Senate, has pow.
or to make treaties. Congress has power
10 declare war. The Constitution specifies
no particular kind of treaties, as included
IN or excluded from the grant. Nor does
It specify the purpose for which war is TO
be waged, or The manner in which il is TO
be concluded, but leaves these as necessary
incidents to the treaty making and war.ma.
king powers respectively. Again, the con.
s'lu'on has not only omitted any express
restriction upon the ,reaiy.makiug power,
bu: declares that call treaties made, OF
which shall be made. under The authority Of
the United States. shall be the supreme law
of the land" Whatever Limitations, there.
fore, may from the necessity OF toe case
be lnierred-as for instance, that treaty
canno, be made to destroy The Goverumen,,
or the Constitution, or any integral part OF
them, or to introduce any lew elemen, OF
political po"ef-it Is certain that the trea.
~ making power is SUI sct to no express
limitation whatever. When the Constitu
ton was formed, various kinds Of treaties
were known among nations; and all these
were undoubtedly included in the granted
power. Among these were treaties of ces.
slon, BY which the United States might &C.
qufo as well as cede territory, The pow.
er is large one, and the limitations upon
It whatever they may be, have no, ye, teen
de6ned or applied. The extent f,his pow.
er may be jrdged from few instances fur.
nished by the history and practice of the
nation.
FIRST. By treaty, the Presiden, and Sen
ate can exercise power expressly confer
red upon Congress. For example, they
can regulate commerce, and confer citizen
ship. Again, BY treaty The uai,ed States
can exercise a power not conferred upon
the General Go,errmf n at all, 5u, undoub,-
eddy reserved 10 the States. OF this, ex.
smpes are found IN the treaties With France
and the Netherlands, by which the subjects
Of those powers were enabled 10 succeed TO
the Inheritance Of lands IN the U. States
without becoming na'uralized, and thereby
the laws OF the Siales excluding aliens from
the succession we're repealed and abrosa.
ted. Again, By treaty the United States
can set up demand for debt which has
been by due course OF law paid aud salts.
fed. This was done With regard TO the
British debts which had been righlfully con.
isca,ed by State authority during the Rev
dictionary war. and the amount paid into
the treasures OF the respective S'ates.-
And, ogain, BY treaty the UnIted States
may acquire authority to erect Judicial trl.
bunaIs and confer Judicial power within the
territory OF a foreign and independent ma
lion. OF this We have an example in the
bill now on our table-to erect such tribu.
nails and confer such power-to be eSercis.
ed in The empire Of China. Ii seems,
therefore, 10 follow necessarily, as we'll from
the express grant Of power es from the
practice of the Government, that the Pres.
ldent aud Senate, by treaty, NAV acquire
territory for the United States. When that
acquisition is made, by the exercise Of the
power thus granted, the Constitution con.
iers expressly upon Congress the power to
legisa,o for the government, OF the terrific
ry so acquired. For 1t con.ers on Congress
The power "to make all laws necessary and
proper for carrying into execution " the
",es,ed by this Constitution in the Govern.
men, Of the United States, or in any do.
partment or officer thereof" To my I'm.
Outstanding i, is therefore plain that, by the
treaty making power, We have express au'
thor,iy to acquire territory; aud, by The
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