Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-04-07
SPEECH OF
HON. G. W. SUMMERS,
IN THE VIRGINIA CONVENTION, MARCH
TCoNTISUED.1

lCONIlSSED.j
The second section is in these words:
.No Territory shall be acquired by the
limited States, except by discovery, and for
naval and commercial stations, depots and
transit routes, without the concurrence of
majority of all the Senators from States
which allow involuntary servitude, and
majority of all the Senators from States which
prohibit that relation"
Territory cannot come in under this clause
of the second section by joint resolution. ex-
cept by the vote of majority of the Sena-
tors from the Slave States, and the vote of
majority of the Senators from the non-slave-
holding States.
But, further, "nor shall territory be &C
quired by treaty, unless the votes OF ma
jority, of the Senators from each class OF states
hereinbefore mentioned, be cast as part OF
| the two-thirds majority, necessary to the rat
ifcation of such treaty."
This section was offered and adopted as
substitute for the second section as proposed
| in the report of the Committee appointed by
the Conferences Committee consisting 81
one Commissioner from each State represent
ed in the Conference, selected by their dele
cations The corresponding section In the
report. as it came from the Committee, is
this: @-.-...
TERRITORY shall not be acquired by the
United States unless by treaty, nor except
| for naval and commercial stations and de-
pots, unless such treaty shall be ratified by
| four -fftbs of the members of the Senate"
Now, by this provision. it will be perceived
| that the acquisition of territory is restricted
| to treaty alone, and acquisition by resolution
| is cut off. When by treaty, it requires the
ratification should be, not by two-thlrds OF
| the Senators, as now provided in the Constl-
tuition. but by four-ffths. 1t struck some
of US that this was an unnecessary and OPP
pressiVe burthen upon the treaty-makIng
| power-heavy, but not equal, or IN the best
manner protective. | proposed the second
| section. as it now stands, as substitute for
| the second section of the report OF the Com
mittee did not think it desirable then, In
| every imaginable case, the acquisition OF ter
| ritory should be restricted to treaty. l
| thought that while islands-newly discovered
| in the ocean-an arctic or antartic continent
if any such awaits the hardihood and en-
| terprise of our people. might possibly be
brought in upon the right OF discovery, ana
upon principles of International law. Ii was
| not thing of impossibility, however, that a
country might be so Overrun in war as not to
leave any competent authorities to treat with.
| In case of a war with Central America or
Mexico, the government might be SO COM
| pletely overthrown as to leave no govern
| ment to deal with. 1t is not difficult to I'M
| agine government so shattered. broken and
| crushed out, as to leave no sufficient autnorl-
| ty to contract with. In such contingency,
| what disposition could be made of the con-
| uuered country, under Constitution which
| restricts absolutely to treaty? L do not thlnk
| it desirable to annex foreign lands, by a joint
l resolution of Congress, as was done In the
case of Texas. Yet. there might be, under
4 peculiar circumstances, necessity for sucn
| power. 1t ought, however, to be carefully
/ guarded. By the section as adopted, II VIII
1 be necessary in case of annexation by joint
resolution, that a majority OF the senators
| shall be had from each class OF States, and,
| where the acquisition is made by treaty, that
| the votes of q majority of the Senator'S from
| each class of States shall form competent
/ part of the two-thirds majority now necessa-
/ nv to the ratification. We leave the ratifying
| power in the hands of two-thirds of the Sen
| ators as it is now in the Constitution, provi-
| ded it be made up OF maJorllles from DOM
| sections of the country.
You will observe that this will not apply
| to ordinary commercial treaties 1t has no
application to treaties OF amity, peace and
the like. 1t is only applicable to treaties OF
neutrality-suspicious. of territory. In treat
les of this latter class we have good reason
and warrant of departure iron the rules OF
ordinary treaties. Restricted as it is to the
acquisition of territory in these modes and
| it seems to me that it is the most perfect Sc
curity that the South can have. The very
/ first question that arises in the mind, both
North and South, when The acquisition OF
foreign territory is spoken of, is what is to be
the condition of that territory in regard to
1 the institution of slavery, after it shall have
| been brought in? We know all that.
We could not carry the Lewiston of future
| territory, as Mr.. Crittenden, with MIR. Pow
ellis amendment, proposed.
We could not procure, in advance, equal
partition of Territory hereafter to be brought
| in. We proposed therefore, to substitute for
| equal partition of Territory where it could
| not be had, equality between sections IN the
right and powor of acquisition. Mr.. Critten-
denis plan proposed a fair and equal partl-
| lion of Territory hereafter to be acquired,
making no change in the mode of acquiring
| it. We all voted for the Crittenden propo-
sition under the resolutions OF the General
Assembly. We could not obtain it. We then
sought q substitute for this partition in adj
vance-this equal partition of Territory
hereafter TO be brought in between the North
| ern and Southern States as an equivalent
| and that was best attained by equality OF
power in the acquisition.
| If gentlemen will permit their minds TO
| have free action upon this subject, and II
| they will give it due consideration, L shall
have little fear of any coming 10 the conciu-
| sion that this is an Objectionable feature
In the first place, it commends Itself TO
| US in this-that it establishes perfect equall-
ty between the sections upon this vital sec
tional question of slavery, where we need ii
most. 1t is not merely concession oil
equality, but it is a concession to the weaker
section, and places that weaker section upon
an equal footing with the stronger sections
so far as all future Territories are concerned
both in their procurement and IN hXlng thelr
condition.
| If we were all in the union again. haImonl
ously. as one great political amily-and nc
one nouns that it is not so more than l do
and no one is more hopeful than l am that ii
will be so yet-there would be Is slave
States to 10 -slaveholding States. The
second section would, in that case, give to
every Southern State one fifteenth part OF
power instead of one thirty-fourth part o.
| power-the whole number of States being "a
In the present unhappy condition OF Things
with only slave States to 19 non-slavenold
ing States, making 27 in all, it gives to every
Southern State one-eighth of the power and
influence instead of acknowledgements.
1t is said by some, that territory will never
be acquired under this provision. How car
slave territory ever be acquired under the
report of the Committee, tour-ffths OF the
Senate being necessary to treaty, or by
leaving it where il now is to two thirds
vote, or under joint resolution requiring
majority? The power in either case being
| in the hands of the Northern States.
| Mr.. President, much has been said. from
Mr.. Calhoun down to tie present time, o
the guarantees needed by the South touch
ing this peculiar property. believe ther'
was resolution of the General Assembly
passed after the resolution appointing tn
Commissioners to Washington which affirmed
the belief of that body, that security wa
only to be had by some selfprotecting powe
| of sections, We have heard OF dual execu
tives and double legislative chambers.
present this section as the first example, from
the foundation of the government to tn
present moment, as an amendment proposin;
this self-protecting power of sections. 1t j
| the entering wedge il is the first and Onll