The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1848-09-06

lspferh Of miae nade on The second o
Jnne; bui Erre inserted So he krst time
in he printed speseh n lhe month q u.
liy. Bat ! dFsW NJ such iafrFener. The
gilnle Inatter my be satisfactorily 81.
piainsd uhhoDt any surh snchsFitzbls
superstition. In ancient iialrs. Nhrn lils
pToI.helie sPisii descended upon . msa.
lhe SEER. "rspl into lulnrr umss." often
saw eEenls Hilh such force and DISTINCT
ness. lhai. in pEoPheiie slrsin. he spoke al
them IS past already. Again: This u
The age Of progress. In he olden time.
il Was said lhsl I" coming eTsnis rssI lhriI
shadows before = and nov. in The nigh
~ Improvements Of The day, amidst the
wonders nj steam and electricity. IL nav
well be, that .coming IroTds cast their
sounds beIure! = Aud thus IL happened
thar my colleague OF The House. in The
dark hour Of midaighl. had his spirit
troubled with q vision 50 clear ofIhe afro
city which should commit on the second
of June. that il becomes Impressed upon
his mind a. past event. aud a. such. he
alluded 10 IL nn The irst. And then. his
patriotic horror. in this clear foresight or
iOrehraring Uf my offence. impelled him
10 make pions appeal 20 heaven in these
words. Immediately following those which
have quoted:
Gracious heaven. are we reduced TO this!
Is our only, our last hope, the verdict Of q jury
- r..
nation fx thai verdict against usi
And lille after. still referring to me,
he exrlaims-
:. And do southern statesmen sound the frs,
note Of retreati Does the dag fall firss in their
handsp
Now. as intend 10 advance again that
alrocious sentiment which. delivered by
me on The second day of June, awakened
the prophetic horror Of my colleague Of
The House on Tie FIRST, and as his speech,
10 doubt with the kindesl feelings toward
me. was circulated extensively in the state
Of North Carolina, The Senate will see
: why have made this reference. and that
il is demanded Of me, a. matter Of re-
spect aud grateful consideration TO him,
that should state the grounds on which
my opinion rests: an opinion by the ex-
preston Of which have, according 10
his phrase. :. sounded The first mole OF re.
treat" from position which ] have never
assumed, and thrown down a Gag which
never raised.
| In order 10 full understanding Of my
views, il is necessary that should go back
lillle in The Argument, and show that This
Government has right 10 acquire terrific
~, and whence that rights derived. Upon
this point different opinions have been ex.
pressed. Nv friend from Massachusetts,
(Mr. Davis,) in a very able speech on this
subject. treated this as casus onlissus in
the Constitution. held The power 10 acquire
an assumed one, and the right TO govern
as consequence merely Of The acqnisl-
lion. Ii my opinion, the power 10 acquire
territory is expressly conferred upon the
Government Of the United States by the
Constitution. The President, by and with
, The advice and consent Of the Senate, has
power 10 make treaties. Congress has
power TO declare war. The Constitution
specifics no particular Kind Of treaties, as
included in or excluded fom the grant.
Nor does il specify the purpose for which
war is 10 be wagcd, or the manner in
which il is 10 be concluded, bu. leaves
these as necessary incidents 10 the treaty
making and war making powers respec-
lively. Again, the Constitution has not on
IL omitted any express restriction upon
The treaty making power, but declares
that "all treaties made. or which shall be
made, under the authority Of The United
States, shall be the supreme law of the
land" Whatever limitations, therefore,
may from the necessity Of the case be in.
| ferred-as for instance, thata treaty cannot
be made 10 destroy the Government or the
Constitution, OF any integral part orthem,
or to introduce any new element cf poll
teal power--it is certain that the treaty
making power is subject 10 no express
Limitation whatever. When the Consli'
tuition was formed. various kinds of trea.
ties we're known among nations; and all
these were undoubtedly included in the
granted power. Among these were trea-
ties Of cession. by which the United States
might acquire as well as cede territory
The power is large one, aud the lmi,a.
tons upon it. whatever they may be, have
no, yet been defined or applied. The ex-
tent Of this power may be judged from a
few instances furnished by the history
and practice Oft nation.
First. By treaty the President and Sc
nate can exercise power expressly con-
fered upon Congress. For example, they
can regulate commerce, and confer ellIzen-
ship. Again, by treaty the United States
can exercise a, power not conferred upon
the General Government at all, but aa-
doubleday reserved TO the States. vi nus
examples are found in the treaties Win
France and the Netherlands, by which
1.-The subjects Of those powerswefe enabled
, !. -. -. n. .,l,oritaNrn nf Lands m