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Lack to th* Constitution, for tb* proof how uni*
firmly thi* It to i •
“111 number of Ripr* tentative* shall not exceed
Me for every thirty thousand, but eeob Stale eHall
havo at leeit one Representative." The repreeen-
tetion In the popular brenoli la lha object of the
Uoi Malian, ee well ea of the grant.
“All bill* hr raising revenue iheil originate in the
Uoeaeef Rspresemtiivss, but the Senate may propose,
or neeeer with amendments, ee in other hill*.” Mure,
eaetni the aulqeeta of the grant and ite limitation! arc
identical. Bille for railing revenue are the objoct of
both.
Ue uea, heoanae euah foatee amM de ear foe
to theoe wai attached the word “lawfully,"
Be- a doty on Waei or Iron, fir the purpose of revestm, ee
and the (he exvrcito of an isnpliaa power I It ie precisely ee
word# “tmufMu mrisirm" gave riee to the coalroversy, much no, aa the aequisUlon <f territory by treaty.
the progreaa of wbioh,laabaan ao lucidly auted to you The ConatitutiOn givea to Congress the power “to lay
hr the Senator Irom Virginia, (Mr. Rivea.) Thi. waa and collect taxes, duties,” Ac. This ia tho power, ax.
adjusted by providing for the conaent of tlio Stales, in
which, or of which, they were to be formed, lu tho
pragmas of this controversy, the word “new" was in*
eerted, and the words “anting imthin the limits of the
IJailed Stain,” were dropped. The word “nrte" be
came their substitute, and equivalent, because, as I
have before said, Slain a riling - within Iht limits of the
United States, must necessarily bo new Stator, and un
doubtedly it was so considered in tiio Convention.
-ponursaa j* r# power to ley and eolleel taxes, Reflect also, that while some of the members of the
istit-sTi so posts, and excises, but til duties, imposts, and ( Convention, were so sensitive on tho subject of incor-
excises, shell bo uniform throughouttho United Slates." ! poreting into the Union, States arising within the Inn-
Thie ewes it atrikingly anelogous. Tho grant ia a pow. ; >U of tho United States, and exercised tho most scru-
•v mrimsfod •* (op&re. "to lay snd collect taxes, duties, pulous caution in the limitation of that power, not a
imposts, and excises." The limitation requires thsl [ "Ord was intend, not s syllable was whispered in re-
duties,imposts. end excises, shall bo uniform through [ letion to tho powor of admiliing foreign Rules. All
sail Iht United Stales. No one doubts tbit the grant, as • must »dmil that lint power, if granted at alt, is
well aa tho limiution, ie conftnod to the Unitod : grantod without stmt or limit, check or guard,
and ao granted by a Convention! whoso wliolo pro-
“Congress shall have power to declare the punish- , cecdings, and especially in relation to tho other parts
merit of treason, but no attainder of treason shall work , of this same clause, exhibit the most scrupulous cau-
corruption of blood.” Hero, eg*' 1 *.'he grant end the . «>on. Can you conceive this te havo been possible!
limitation are applied to the earae subject—the punish
ment of treason.
This is true of every other clause in the Constitution,
In which a general grant has been subjected to a subse
quent limiution—why should it uot bo so in the clsusc
wo are considering!
“Now States may be admitted,” Ac., that ia the grant,
•‘but ao now State aha!l be formed,” Ac, end that ie the
limitation. Now, in the limitation, every body admits
1 and if so; if a majority of tho Convention, wore will
ing to give to a majority of Congress, an uniimi'edpow
1 er to admit foreign States, do you believe that there
, would r.ot have been one aingle individual in that as
sembly of patriots, who would have raised his warning
| voice against a grant of power ao important, and so
unlimited! who would have uttered some such thoughts
•as these •• “Tlio power to incorporate into our Union
new Slates arising within our limits, is one, the exertion
that the * term "new Stales" means States within the ] of which will subject us to important changes. That
Omits of the United States. Why, following the uni
form analogy of Ilia Constitution, should not tho same
Word base lha same interpretation in the grant !
There is another, perhaps, sir, you will consider it a
stronger reason in support of this argument.
The power to admit foreign Slates into tho Union, ail
will agreo is a much larger power, than that of adinilt
ing those which were composed of people already with
in our territorial limits. The latter waa limited ; the
has aeetned to be unavoidable from the principle on
which our Government ia founded—and we have sub
milled to it, providing such guards aa prudonce sugges
ted. But this clauso may also be construed lo include
f the right of incorporating/"reign Stales into this Un
ion. That is a far more important power. Its cxcrciso
' will much more vitally affect our political condition,
i The existence of such a power ought therefore to be
expresely disaffirmed—or if it ie intended to grant it,
vt out ur I uanui iimxxo. i tic ibivvi wxn muiu-u , uiv r , ’’ ... , hi
former ia unlimited. It waa vastly more interesting to ) should be guarded with the moat scrupulous care. 1
the existing members of the Union—more difficult in j can imagine the surprise of the Convention, at the su fr
its exercise—more, far more important in its conso* * gcation that such a power could be deduced from the
quencet. They might bo willing, although even that clause they were considering; but I cannot believe, if
consent was reluctantly wrung fromsomo of them, still ! they had intended to confer it, that they would have
they might be willing lo admit the inhabitants of terri- • left it without any other restraint, than tho discretion
lories, whose limits wore within those of tho United * of a majority of Conpress.
States, into union with them, and yet bo very unwilling » mr. 1 resident, wo have thus seen, as I contend, that
to extend this privilege to those of a foreign land.— J the power which wo are called upon to exercise, is not
Unquuestionably, such an extension would be a greater i granted by tho Idler of tho Constitution, and that it is
concession ; it would confer upon Congress a larger 1 repelled by its spirit and uttenfton. I add now, that it
power—it would repoao a more delicate trust. The \ '8 utterly inconsistent with the nature of our office, as
caution which had induced them carefully to limit this lhc Ugtalatm department of the Government.
power, whon applied to tho admission of States, nowly
created within our existing boundaries, would operate
with accumulated forco, when provisions was to be
nude in tho Constitution, for transcending those boun
daries by tho admission of foreign Statoa. If Senators
who assert this powor arc right, it is absolute, unlimi
ted, divested of all guards, unencumbered by any res
traints. It is a power to a majority of a quorum in each
Houseof Congress, with the President, lo exercise an
uncontrolled discretion. It is a “chartered libertine,"
furnished with a roving commission, to range tho world,
in quest of dominion. Now, we have seen with what
scrupulous care, after repeated discussion, the framers
of the Constitution quanted the smaller power, that ol
admitting States newly springing up within our
limits. Is it conceivable that they would have grant
ed the larger, more difficult, more dangerous power,
that of admitting foreign States, without imposing
some check, some guards, some restrain*, man
ifesting the caution which had characterized all
their deliberations ; nay, which was actually, and at
the very moment, exerted on the less important provi
sion on tho same subject ? In a word, can you believe
that it was intended to confer the greater power, that ol
admitting foreign States, absolutely, unlimitedly, whol
ly without check or restraint—and it Is this for which tin ,
advocates of this resolution contend—while, in tho ve. , within our own limits, and are therefore internal. So
The
power/ which arc granted to Congress, are legislative
powers, and none other. Even theso are limited.
The words of the Constitution conferring them upon
ns are, “all legislative powers herein granted, shall bo
vested in a Congress,” Ac. Thus wo do not even
passers all legislative powers, but only such as have
boon granted by the Constitution. There are many
powers strictly and purely legislative, which we cannot
exercise, and as certainly, we can cxerciso none which
are not legislative, for those arc the terms of the grant.
Legislation is tho power of making laws not contracts.
It is the power of making municipal, or civil laws, by
which particular districts, communities, or nations arc
governed. Much is its definition. The legislative
power of Congress, is therefore a power to make laws
for the government of the people of the United States
—laws operating within our own limits. The Senator
from New Hampshire, (Mr. Woodbury,) thinks other-
wise. He supposes it may operate externally, and in
stances the power to regulate commerce, and to declare
war. Now, it is true mat our laws may in their oper
ation, affect the interests of persons beyond our limits,
but those interests must bo brought within our juris
diction, before those laws can operate directly upon
them. The regulations of commerce, can only be en
forced through tho agency of our own officers, and
pressly givsn. On what objects, it (hall be exerted, with
certain specified restrictions, is left to the discretion of
Congress, They determine that wool, «nd iron, are prop
er objects—that they have been usually subject to tax
ation, and they impose the duty. It is tho exercise of
s discretion which is expressly given by the grant of
the taxing power.
Now, as to the aetjuisition of territory by treaty.—
Speaking of the President, the Constitution ssvs:—
■lie shall have power, by and with iheadvico anti con-
•entof the Senate, lo mats treaties, provided two-thirds
of the Senators present concur.”
Tlio |M>wer to make treaties, is as expressly given in
this case, as that lo lay and colled taxes, is in the oth
er—and tlio question, on what objects it shall bs ex
erted, is in liko manner loft to the discretion of the
President and Senate, excopt in ao far as it may bo rea-
trained by other provisions of the Constitution. In the
exercise of that discretion, it is found to bo important
to the interests of the United States, to make an ac
quisition of foreign territory—and that according to uni.
versa! usage, aurh acquisitions aro mado by treaty, and
a treaty is negotiated accordingly. This then, is the
exorcise of a discretion, exjn-essly given, by the grant
of the power to the President and Sonate to make trea
ties, by acquiring territory, just as tho former case, the-
imposition of tlio duty on wool, and iron, was tho exer
cise of the discretion given to Congress, by the grant
of tho power to lay and collect taxes. In both cases,
the grant of power is express, ami a like discretion in the
selection of the object, to which it shall be applied, ia ex
ercised in each case. Sir, tho power to acquire foreign
territory, not only is expressly given by the grant of tho
treaty-making power—but it is which is so inevitably in
cident lo sovereignty, that it must have existed, if it had
not been expressly inhibited—and being thus expressly
giyen, the question recurs with accumulated force, af
ter being so granted to tlio President and .Senate, is it
probablo that the framers of the Constitution, would
repeat that grant to Congress ?
Mr. President, in the earnest quest for some part of
the Constitution which would give countenance lo this
extraordinary power, now, fur the first time in the his
tory of our Government, claimed for CongrcsB, recourse
lias been bad to tho 2d clause, 10th section, 1st artic Ie,
of that instrument, which declares that “no State shall
without the consent of Congress, lay any duty of ton-
page, Ac., or “enter into any agreement or compact with
any foreign 1‘owtr." Ac.
Prom a clause of the Constitution, the wholo object
of which, was to impose prohibitions upon the Slates.
it is attempted to infer the existence >/ this tremendous
tower in Congress. Will those who have been mis-
ud by this provision, look to tlio first clause of the
same section, and find there an express inhibition to
nny State, with or without the consent of Congress, to
“enter into any treaty]" Will they contrast tbe term
'treaty” in tlio first clause, with tlio terms “any agree
ment or compact" in tho second, and learn from this,
ivhat wore those minor arrangements, which Staton, by
ry same clause, the smaller power, that of admitting
States arising within our limits, was scrupulously
guarded by the precise limitations which were imposed
upon it! Credat Judeas Appella. In the quaint, but
expressive language of our nautical brethren, you must
“tell that to the marines—tho sailors wont believe it.”
Can you sir, can any Senator, imagine a motive for
discrimination between these two powers, which would
not hays led to directly opposito results? which would
not have imposed the stronger guards upon the greater,
more important, and more dangerous power ! I address
theso inquiries respectfully but earnestly to the calm and
deliberate judgement of Senators, in a spirit equally el
evated above party or sectional considerations, and
elevated too, above the imputation of them, and ask that
their answer may be given in tho same spirit.
Take another view. Hitherto I have been arguing as
if the word “States," lor want of somo qualifying term
prefixed to it, was indeterminate and open to interpre
tation, and, even admitting this, have endeavored to
show that as used in tho Constitution, it was applied to
States arising within our own limits. But this is yield
a declaration of tear as an act of legislation, is in like
manner limitod. It merely declares a fact, that tear ex
ists—and then authorizes the executive, to employ the
force of the nation in carrying it on. Its power is ex
erted in giving that authority. It acts upon tho for
eign nation, through tho Executive. It is true our ar
my and navy may be sent abroad to wago it—but they
act by the command of laws which operate upon them
within tho United Slates, from whence llioy are sent.
Tho exorcise of tho war power is unhappily referral to,
to illustrate the character of our legislation. Legisla
tion is not exorcised in malting war, but in declaring it,
Congress declare the existence of the fact. It is the
nation, not the Congress, which carries on the war un
der the authority of that declaration.
It is the proper office of a legislature, to make lairs.
Contracts are entered into by jtersons, either natural, or
artificial—by individuals or States. VVliat you propose
by this resolution, is that Texas shall be admitted into
the Union, on the conditions which you have specified
that ia, you are willing to enter into an agreement with
Texas, on certain terms which you state in these rcso-
ing a vantage ground. Sir, tho term States, as it is i lutions. Your proposal, and her acceptance will make a
- -- ■ — • ....... contract, not a law. A contract is an agreement uetween
two or more persons to do or nut to do a particular thing.
That is what tliia resolution proposes. A law is a com.
mand issuing from a superior to an inferior, requiring
obedience. That,you cannot yot venture upon in relation
to Texas. Now your difficulty is, that Congress can
not make a contract, although Texas by the proper de
partment of her Government can, and although you can
pass a law, Texas is not subjoct to your legislation.—
As a contract then, your resolution is forbidden by tho
Constitution—as a law, it is nugatory and inoperative.
I invoke tho authority of a distiuguished statesman
—heretofore prominent in the halls of legislation, as he
is now in tho Cabinet, (Mr. Calhoun,) Spoaking of tlio
power of Congrcas to make peace, ho says : “It is a
state which cannot be created but with the consent of
both parties. It requires a contract, or troaty, between
the nations at war. Is this peculiar to a treaty of peace!
No; it is common lo all treaties. It arises out of their
nature, and not from any incidental circumstance, at
(aching itself to a particular class. It is no more, or
less, than that Cogress cannot make a contract with a
foreign Power," What is it which this resolution pro
poses but to make a contract with Texas!
Again, he says : ‘Whatever, then, concerns our for
eign relations, whatever requires the consent of another
nation, belongs to the treaty making power—can only
be regulated by it,’
Now, the measure which you propose, requires the
consent of Texas, and will bo wholly inoporativo with
out it. According to this opinion, therefore, you arc
incompetent to 'regulate it.’ But he proceeds. Spoak
ing of tho treaty making power, ho eaya: 'It has for
its object, contracts with foreign nations, as the powers
of Congress have for their object whatever can be done
in relation to tho powora delegated, without the consent
of foreign nations. Each in its proper sphere, oper
ates with genial influence, but when they became er*
ratio then they are portentous and dangerous. A trea
found in the Constitution, is not unqualified. It has a
qualification, which ought to be decisive of thiscontro-
veray.
Tbe words are, “new States may be admitted,” Ac.
What are now States I I do not mean to refer to lex
icographers, and am not quite satisfied with the modo
of interpretation, retoYtcd to by tho Senator from New
York, (Mr. Dickinson,) which proves that among the
fanners of that State, an old worn-out farm becomes a
new one, whenever it gets, and as often as it gets, a new
owner. Without doubt, the suggestion has great force,
but it does not striko me. No sir; my inquiry is,
What was the meaning of this term new, as it was us
ed in the Constitution, and in this connexion! Sir, I
bad carefully traced the progress of this clauso in the
proceedings of the Convention, with a view to answer
this inquiry, by tfaoir exhibition to the Sonate. The
lucid exposition of thorn by the Senators who have pro.
ceded me, has relieved me from this task. With that
exposition fresh in our memories, is it not obvious that
they meant bodies of people, passing, or just passed from
the condition of Territories, to that of Stales—from their
chrysalis or surclian state and condition as Territories,
to that of their more perfect being aa States! Where
did the framers of the Constitution expect to find these
new States,iei/Ain or without out limits? Within, the
seed wu already sowed, from which wo have aincc
reaped an abundant harvest. Where without, could
we hive looked for them! We did not mean to interfere
with our generous ally in tho war of the Revolution.
Canada had rejected tho offer of association, in tho
hour of our necessity. They would not have made
this prevision for her. Tho other British provinces
were’ steadfast in their loyalty. The American do
minions of Spain, and Portugal, reposed tranquilly
under lbs easy dominion of their transatlantic rulers.
Where else could they look? The Senator from Mis-
■issippi. (Mr. Henderson,) who pushes this doctrine
to an extreme, from which his less adventurous as-
sociatca stand back, even hq admits that this powor ty can nevor legitimately do what can be dnne\by a law
- '* • and tlio converse, (that a law cannot legitimately do,
what may bo done by treaty,) is equally true.’
Here sir, is tho opinion of the present distinguished
Secretary of Stale. A law cannot legitimately do,
what may be done by treaty. Now, that ho thought
this measure might be dona by treaty,is obvious—fur bo
bounded by tlio ocean waves; that it would be
come loo much diluted for uae, in it* transit over
the “d«op blue eea.” Whore, then, did they look
for new Stales ? Can any ono doubt that our ancoe-
t on at home, and only at home?
Ia Texas a new Stale ? If she ia ao now, will she
be ao fifty yeara hence; and will yon havo less right
then, to admit hor than yon have now? When do
State* become old! When ceaso to bo new? I re
peat tbe queetion, I* Texas a new State ? She has ex
islod for year*, and is approaching her teens ; hut by
this legislative legerdemain, you aro going to make her
a new Stale - She is to doff her old clothes, put on
new cnee, and presto, she becomes new herself—the
personified conception of the framers of tho Constitu
tion.
Mr. President, our fathers were wise, patriotic, but
practical tnon--lctu conversant with fancy, than with
fact. They had dealt too much with stern realities, to
indulge these vagaries of Ibc imagination.
Does not every one see what was in ibeir minds, in
framing this clause—and ia not the term “new Slate*,”
the index of (heir intention! These were States form-
od or to formed within tbe limits nf tbe United
State*, or legitimately acquired and subjected to terri
torial probation—Vermont, impeded by the contending
claims of New York tnd New Hampshire, was one.
Tbe Northwestern Territory, would give birth to more.
Kentucky, was to spring up from tho “ancient end re.
nowned Commonwealth,” and Tennessee, from tho'good
old north State.” Georgia's wide domain, which, not-
withstanding the estimate of tbe Sonator from Mis-
aouri, she bartered 'or a mess of pottage, afforded mo
toric! for others. These would be new States—new in
lb* literal sense nf the term—new in tbe sense, in
wbieh it was used by the framers of the Constitution.
They would he political bodies passing from their old
condition as dependent 'Territories, lo their nne condi
tion, as independent States.
Do yon want further evidence ? It may b* found in
tbe proceedings of the Convention. Wben this clause
was first introduced, it did not contain tbe word new.
The i xpresaion then waa simply •Statee ariaing within
tbe limits of the United State*.’’ Tbe word* “arising
within tbe limits of the VnHod Stales.” dispensed with
negotiated a treaty for its accomplishment; and it was
only whon that failed, that this contrivance waa resor
ted to, not because it was more appropriate, but because
it required a bare majority,instead of two-thirds, to pass
it. I invoke the authority of nnaihur distinguished
American statesman, ono eminont for his attainments
in general scionre—familisrwith the principles of pub
lie law—especially conversant with the constitutional
law of this Union, ono who is now enjoying the digoified
r ltrement,towlncha life devoted to service of his coun
try, so eminently entitles him. I speak of Albeiit
Gallstin.
In a letter recently written by him, after referring to
the manner, in which Louisiana was acquired and sub-,
sequciuly admitted into the Union, ho says:
“In tho ssins manner, Conersss, by nn antis,nus prnrees
may reeolvo dial Tessa, wkeneaer acquired, is conformity
with the Constitution, shall bs adtuilled into die Union, ns n
Stale, or Slates. Uui territory i nn be ernuired only by trta
ly orcoiiqueal. Asthitlssi inode is in diit cote out of die
question, j( is unnecessary to discuss in wliat cases, conquest
or occupation, may without Ibc ssnedun of s Iroaly, confer -
legitimate right. On Ibis oeetiion, die mutual assent of i
letsl two parlies. Tons and dm United Sums, it elisoluiely
necessary. Call it agreement, coinpnet, or by any othrr
nnma, it is only by treaty,that the annexation of Texas can be
ejected."
There is ono argument used by Senators on the other
side, which ia imposing, but which wants as I think,
foundation in fact to rest upon.
They say that tho powor that (hey claim for Congress
it an express power, whilo that which wc assert for tlio
President and Senate, ia only an implied one—that in
tty, aa the appropriate mode of proceeding
__ wo are therefore giving to au implied pow.
ration which we reiua* to ono which is ex-
pressly granted. Will Ik* Senator from New Hamp
shire, (Mr. Woodbury,) who most strenuously urges
"this argument, reflect for a moment on the proposition,
that Ike power lo eoquire territory by treaty, u an implied
power ? Due* be consider aa act ol Congress imposing
urging SIM 1
in this«W,t
er, an oforali
tho consent nf Congress, might enter into wilti foreign
States? New York and Canada are coterminous. It
suppose tho former, Congress consenting, might “enter
into an “agreement or compact.” with the local authori
ties of the latter, for tho mutual delivery of fugitives
from Justice—but I should hardly think it would be
contended, in the faco nf a positive inhibition to any
State, with or without the conaent of Congress, to - ‘en.
ter into a treaty,” that she could treat with Great Brit,
ain for the annexation of Canada, to her already impe
rial domain. I leave this argument.
The Senator from Mississippi meets the suggestion
made by Senators who have preceded me, erf the dan-
gers which might flow from the exercise of tho power
claimed for Congress under this resolution, by saying
that the tame dangers might also result from tlio oxer
lion of the treaty making jxnrcr. This is true to a lim.
ted, and only loa limited, extent. The President and
Senate might abuse the power of acquiring foreign ter
ritory, but then (too thirds of the Slates must concur ia
the act—and after it was so acquired, Congress would
exercise tlio right of determining, whether the territory
so acquired, should be admitted into the Union as
State. The danger in the two cases, is therefore by oo
means equal—first, because of tho greater check im
posed by requiring tlio assent of two-lhinls of tbe
States, for the acquisition of the territory—and second
ly, the assent of Congress for its incorporation into the
Union.
But another answer is, that the danger arising from
tho acquisition of foreign territory, must he encounter
ed in tome form. The power to niako treaties, imiBt
havo been lodged somew here, or the Government of the
United States could nut have taken its place, in the
family of nations. It would have been deprived of a
power inevitably incident to sovereignty, and necessa
ry to its exorcise—without whiish, it could not fulfil its
duty to the pooplc, in the last roaort of natioos, that of
war.
Concurrring with the Senator from Mississippi, in the
dangerous nature of that power, I think t.io should
agree with me in the propriety of subjecting it to the
restraint which the Constitution imposes, by requirinf
the assent of two-thirds nf the Stales to exerc.isc—anil
not by leaving it comparatively at large, under .the dis
cretion of a bare majority in Congress,
Tho Senator from South Carolina (McDuffie) thinks
the constitutional requisition of a majority of two -thirds
is unimportant—that there is no very essential differ
ence between this, and a bare majority of a quor um of
tlio two Houses. Mr. President, the framers o) r the
Constitution, did not think so. They attached great
importance to this provision, as the debates in the Con
vention will abundantly prove; and they were rigt it, as
a moment’s reflection will convince us. It ia a pn >vis-
ion of great and stringent force iu its open it ion
upon the powers to which it is applied. In itsapp lie*,
lion to the Executive veto, it enables the President, and
one more than one-third of cither branch of Cong, rese,
to restrain the voto of a majority in that House, and
the unanimous vote of the ether. It ia as absolu te in
its practical operation, as if it were unlimited iti its
terms. Since the foundation of the Government, no
caso lias occurred, in which the requisite constitutional
majority could bo found to overrulo the Executive 'will
—and divided as wc are into parties, which exfierie nee
teaches us, will always be nearly balanced, cxivcpt in
relation to matters which are comparatively unimpor
tant, no such case will probably occur hereafter-
As applied to the treaty making jxiwer, the advocate*
of tliia rcaolution have felt its force, in the rejoerion of
the treaty negotiated with Texas. If (hat power could
have been called into exercise for the accomplishment
nf this objoct, we should have been spared the humilia
tion of witnessing tho usurpation which this resolution
proposes. Texas would havo came into this Union by
treaty, in the legitimate exercise of our constitutional
powers, and not by a joint resolution of Congress, in the
abuse of them.
In its application to amendments of the Constitution, in
connexion with tho otlior chocks which aro imposed up-
on the exercise of that power, the requisition of a two-
thirds vole, is so absolute in its influence, that so long
as wo continue to respect the provisions of that instru
ment, it will bo as unchangeable as those ancient laws,
with this feature of which, our earlier reading has made
us familiar. The powers of impeachment, and of expul
sion, have remained inactive under the restraint which
the requirement of a vote of two thirds has imposed
upon them ; and y*t cases have probably occurred, in
which they would have been exerted, if a bare majori
ty had been sufficient tu enforce them.
But I object also, sir to the arithmetical process, by
which the Senator from SoulhCarolina has been con
ducted to tho conclusion, that this constitutional provi
sion is unimportant and valueless. The honorable
Senator tells us that tlio Senate as it was constituted
in the oarlier stages of the Republic, and at it w as con
templated in prospect by the framers of the Constitution,
consisted of twenty six members—that of these, fourteen
constituted a simple majority, and eighteen a majority if
two thirds—that tho difference therefore, was only four ;
and ho has indulged in some speculations, in which I
do not feel disposed to follow iiim, as to the facility
with which, in the progress of the Government,and
through the igoney of the Executive, the voice of four
Senators might be influenced. Discarding these, and
without stopping (o remark (list in forming the Consti-
tut ion, its frainers looked to an enlargement of the num
bers of the Senato, I submit to you, sir, that tbe com
parative value of the provisions which require a vote
of two thirds, and that of a bare majority, in the protec
tion which they resjwclirely afford to the rights of a mi.
unrity, is not lo be ascertained by comparing these ma
jority votes merely, but by extending the 'comparison, to
tl.o majorities and minorities in each case. In a Senate
representing thirteen Sistee, tnd consisting of twenty
six members, if you compare the mijoriust of eighteen
and fourteen, the difference would indeed be only four—
and if Senators should over become a maiketable com
modity, it would require a loss outlay on the part of the
Executive, to rontrol the action of tho body. But apply
tho second teat. Compart tho majority, with the mi
unrity, in each caso. If lbs simple majority governs,
fourteen Senators, representing seven States, would tbs
•olulely control twelve Senators, representing six States.
Tbs majority in that caso would be (im Senators, nr one
Slat*. If a mejarity of two thirds bs exacted, it would
r. quire tighter,) Senator*, representing mV States, to
control eyht Senators tt-pretcutiag/our States. Tbe
" .
majority la tliia Mae would b* ten Senators, at ft*
Statoa. The diflbrence therefor* betw**o tb* two
modus, ia Ibeir practical application to the Seriate. “
originally constituted, ia as (so tu two. A majority cf
two votes would decido in tht first csss. It would re,
quire a mjority often in the last If you make the com,
parison of these two provisions in its application to the
Senate as at present constituted, tb* result is still more
striking. It would reqoira the vote* ol thirty f si Sena-
loro, to control tho vows of seventeen., if tb* two thirds
ruhl bo applied. If s bare majority decide*, twenty seven
Senators overrule a minority of twenty live. Thirteen
Stales, and one Senator from a divided Stale, will over
rule a minority of twelve States, and the remaining
Senator of the divided State. Is it upon such a vote that
Texas is lo be forced into the Union 1
Our ancoitora wsro right, Mr. President, in th* im.
■m|K>rt*nce which they attached to this provision; and
I am nurprised that a truth so obvious should not have
found s ready assent from (ho intelligent mind of the
Senator from South Carolina; I marvel more especial
ly, that a Southern Senator, representing ono of thoee
States, which whatever miy be the fatouf this measure,
are destined in all lime, to bo numerically inferior in
the councils of tho nation, should be willing to abandon
as unimportant, this constitutional safeguard of the
rights of a minority. If it be wise to surrender this
check which the Constitution has provided for the pro.
lection of minorities—if it be wiso for s Southern Sen
ator to do this, then the Senator from South Carolina
ia right. If not. I claim In stand on Southern ground,
in vindication of Southern rights.
And now, sir, witli the respect and good will, which I
desire to manifest to my associates and toall inen, I
propound to the advocates of thia resolution, those sim
ple, but in iny judgment, vitally interesting inquiries—
Do you wish to force Texas into this Union, not merely
without the consent, but in opposition lo the will of one
third cf the Stales of this Confederacy ? Do you believe
that the acquisition of that Slate, will compensate for
the disruption of thoee ties which now bind in fraternal
union tho existing members of this great Republic! —
Think you, when tho strifes of party have temporarily
subsidird, and calmer reflection has allayed the tumultu
ous fadings which the late exciting canvass has awak
ened, that the American people will see in the addition
of two or tlireo hundred thousand men to our rapidly in-
crcssing population, any benefit which may atone for
the alienation of feeling, that it will engendor among
tho twenty millions of freemen, who now constitute
theso sovereign, independent, and united States! If
not, why do you not resort to the treaty making power
to that mode of acquiring foreign territory, which the
Constitution has provided aa a safeguard to the rights of
the minority 1 If tho people desire this acquisition, it
will in due time be mado, without this usurpation of
power. If they do not, anil by such a majority of voices
as will onablo you to obtain it in the mode prescribed
by the Constitution, you will by its acquisition in any
other mode, havo gained a province, and lost an empire—
you will have extended your already boundless domain-
you will have added a fragment tot population which is
even now increasing with a rapidity, which it will re
quire all the intelligence, ami all tho energy of your
statesmen to keep pace with—and you will havo accom-
K lishcd your object, at the sacrinco of tho peace and
armony of tho Union.
Ymi will not accept counsel from me, and Ido not of-
for it but 1 call upon tho most heated advocate of this
measure, to ponder the question whicli I propose. This
hot haste, this excessive urgency, with which, tramp,
ling upon the scattered fragments of the Constitution
you arc rushing lothis acquisition—is it not calculated
to defeat your object ? By tlio terms of the resolution
under consideration, the question of the admission of
Texas into the Union, is to be submitted to the filial sc
tion of another Congress, Is this precipitancy ealeu
lated to conciliate the opponents of this measure ? Is i
likely, when a moment of calm reflection shall intervene,
to give confidence lo its fricudi! Abovo all, how will
it lie rccaived by the great body of the American people ?
I implore Senators to pauso. The advocates of this
resolution may, I do not believe they have, but in the
present excited state of public feeling, they may havo a
bare majority in this Chamber upon this question. Very
certainly they have, or will soon have, tbe Government
under (heir control. Still, I entreat them to pause.—
The feeling which will be aroused in tho bosom of vast
multitudes of that people, by what they will deem a fla
grant usurpation of power, which they havo nevor dele
gated, is too deep, tooetrong, too abiding, to be repress
ed—and may not be sported with. The potoer of the
Government cannot check it. The patronage of the
Government will not seduce it. Nay, the iron rule of
party, that image of Omnipotence here below, cannot,
will not, control it.
And now, sir, I have done. Iam deeply sensible of
the responsibility of my position—but I can meet that
responsibility fearlessly, bccauso I will meet it honestly
—and, availing myself of the language of another, I say
to my associates here, and to my countrymen elsewhere,
“whether men will hear, or whether they will not hoar,
is not strictly my personal concern, but my intention
that no man lakelh from me.”
Th* tree i* of
two
profit
T
Neglected Agricultural Products.
Tho last annual report of the Hon, H. L. Ella-
worth, Commissioner of Patent*, recommends a
varicly of neglected agricultural products to the
attention of farmers. The first of these produc
tions mentioned is tho Symphytum Officinnlo, or
Prickly Cumfroy. "If all that has boon written of
this plant bo truo,” remarks Mr. Ellsworth, "it
would seom lo desorve the attention, aa likely to
prove “a valuable acquisition to our farmers.” Cat
tle of evory kind aro said to be fond of it. An
aero of it, with proper caro, may be made to pro-
duco thirty tons of greon foliage in one year. The
growth is to rapid as to afford two cuttings in one
yuar. Tho root, it is said, should be harvested but
once in two years, and will yield two thousand four
hundred bushels per ncrc. The root is greodily
devoured by cattle.
Tho Jurusalcm Artichoke ia also recommended
as food fur cattle. It is very much prized in Eu
rope, where it somotimes yields more than two
hundred bushels of roots per aero. The lenves
and stalks, cut up whon greon, with other foddor,
are much relished hy cattle, and form a very nutri
tive food for milch cows.
Tho Corn Spurry is recommended a* a suitable
covering for sandy soils. It is very easily cultiva
ted, ana produces nn abundanco of pasture. It
grows in England, in sandy fields, eight or ten inch
es high.
A plnnt called tho Bokara Clover received an
extended notico in the report. Mr. Taylor, who
presented it lo tho Royal Agricultural Society of
England, stated, that though planted by bim in the
spring, it grew luxuriantly up to the latter part of
September, whon it was lour foot high: and (ho
stalks were matured into strong and durable homp.
It stands the wintor well, flowers in June, and is
covered about tho middle of July with a fragrant
whito blossom. It should bo harvested in the Tailor
part of Septembor. It is a valuable green food for
cattle, and if cut wben fifteen or twonty inches
high, would furnish a food suporior to the common
horbsge plant.
Lucerne, Sanfoin. Millet, and Votchei, have ne
vor been tested ns they should be in tlio Uuilcd
States. The Tusssc Grass, nn iudigeneous pro.
duct, largo and sedgy—tho Guano Grass, a native
of prairies of tho Choctaw country and the Arun-
do Grass, are declared to bo of inestimable worth.
Special ootico ia lakcu of a gigantic fpccici of
cabbage from Franco, called the Anjou Cabbage.
In Anjou they grow seven and eight and sometimes
nine feet high. From June, whon they begin to
ripen, their leaves may from lime lo tiino be gath
ered, and then they shoot out again. Calllo are
exceedingly fund of them, and they greatly in
crenso the milk of cows.
Madder, it is stated, will pay a net profit of two
hundered dollars to the acre, when properly man
aged. A farmer in Ohio has grown on an aero
two thousand pounds, and he believe* that the pro
duct may be oxtended to three thousand pounds,
which ia much greater than the average crops of
Germany, and Holland. To work ar, acre, from
oighty to one hundred days are required, and a
crop i* not repsated until it h three year* old.
The Palmetto Root, abounding in th* South, is
■aid to contain a large quantity of tbe tannin prin
ciple. By a now process of steam, the tannin
principle ia now extraotod from lit* bark, and re
duced to a small comp***. It may therefor* be
easily exported.
Olivos are easily cultivated in the Southern
Stales. A gontloman in Miaaiaoinpi baa a tree in
his garden, which at five years old produced fruit
and waa as larga aa trtes in Europe ueoaiiy are at
usually dose in Eof*j* «
great iongorlty. «»»« bt atm Uwdawi f
hundred year* old, and it may be grew* with f
a* for North a# the Carolina*.
A new variety of Tobacco, lately introduced to-
to Virginia from California, ha* aevaral advantages
over the common variolic*. The planU are souner
ready for transplanting, and they mature more ra-
nldlv by ten or fifteen davs than the variance in
vogue. The leaf is broad and silken, and is, when
cured, of a beautiful color.
Patents- —Among tho most important improve
ment* pntentodin this country and Europe, during
the year 1814. wo find tbe following notice of some
in the Baltimore American, condeosed from Mr.
Ellsworth's report.
A number of improvements have been mado tu
the rnicliines and processes for the manufacture of
fibrous and loxlile substances, A scries of appa
rently unimportant improvements patented, within
n short lime past, has rendered the Colton gin one
of tho most porfocl pieces of mochanism known lo
tho art*. The machine* for combing wool huve
been improved lo n considerable extent. A patent
has been granted for a mode ol cleaning tbe cards
used in cnrdiug cotton and wool. It consists of a
roller cuvored with long wire teeth, and so located
as to act on the cards, beyond tho stripper, and
which, entering botween ilia tooth of the cards,
cleanses out all lliul may remain botween them.
This cleaner is said to be applicable to tlio strip
per as well us the main card.
Three patents have been granted during the past
year in the spinning branch of manufactures: One
of them is fur a modification of the "ring grove
spinner,” hy which tho cost of construction is much
reduced, and the carrier or flying hook is removed
Irom tho ring with grant facility. Another is for
(he modification of the modo of giving the uocosta
ry motion to the bobbin for winding on, by placing
tho bobbin which run* on a deud tpindlo on a wash
er provided with arms that extend to tlio wings of
llie flyer, by which it is carried around—the fric
tion between tlio washer and bobbing being suffi
cient lo give to the bobbin tlio dosired motion fur
winding. The last is for nn improvement which
consists, in the words of the patenteo, "in giving
to the bobbins, flyers and spindle* the required ro.
lory and (ravcreiitg motion, by causing the bobbins
to rest on tho peripheries of wheels, arranged on a
horizontal traversing shaft or shafts.” Bands are
entirely disponsod with by means of this arrange
ment.
Ono improvomont has boon made in machinery
connected with the preparation of silk, which is
equally npplicablo to Ollier fibrious substances. It
ofton happens in reeling tho fibres that too much
tension is given; and in removing the skein from
tho reel the fibres frequently break. Theso do.
feels are remedied by connecting ono arm of the
reel with the shaft by means of a spring slide, so
as to yield undor an undue tension of the fibres,
and by moans of which tho arm can bo forced in
by the attendant to free tho skein preparatory to
removing it.
General Almont’s Protest.—Tho Evening
G -zelte of Saturday publishes the following as an
abstract of the Proteat of (be Mexican Minister, on
tho occasion of the passago ol the Annexation Bill:
"The undersigned has the honor lo address him
self to the Hon. Secretary of Slate, in order to man.
ifust the deep concern with which he has seen
that the President of the United States ha* given
hit signature to a law admitting into this confedera
cy tho Mexican province of Texas.
He had flattered himself that the sound counsels
of the most distinguished citizens, &c. would have
led to a hotter result. Unhappily it has not been
so, and against hopea and sincore vows, he sees
consummated on the part of thia government, nn
act of aggression the most unjust that modern hislo.
ry records—the spoliation of a friendly nation of a
considerable part of its torritory.
For those reasons, in obedience lo his instruc.
lions, he must protest, and does protest, in tho most
solemn manner, iu the name of his Government a.
gainst tho laws, See, Ho protests also that tho act
in a measure invalidates tho rights of Mexico lo
rocover her province, of which she is so unji
isessed, and that aho will maintain and give
effect to those rights by all (he means within hor
power.
He alto begs that the Secretary will let the Pres
ident know that in view of all these facts, his mis
sion near this Government terminates from to-day.
Ho consequently begs that the Hon. Secretary will
forward to him his passports, because it is his pur
pose toleavo this city as soon as possible for New
York.”
FROM EUROPE.
ARRIVAL or TUB CAMBRIA,
Twenty Ways Later.
The steamer Cambria, C. H. E. Judkins cm*,
minder, arrived at East Boston, Tuesday nwrnin*
st ten n’cluck, iu a psssago of fourteen days Lm,'
Liverpool to Boston. ’
eight. Tlra ire* ia ibiscotMtrjr yield* a fair erop to m year; in 1794, th* crop was 6 271
at four year, old fcr oil, and at ateht. as much is II nretafo • ,aad te
The following good story of Mr. Bancroft’s
manner of golling rid of office applicants is told by
the correspondent of (he Baltimore Patriot:
“Mr. Bancroft did not enter upon the dutios of
his Department until a day or two aflor tlio other
Secretaries had “set in”—consequently he would
be overrun with tbe horde of applicants whom tho
Heads of the other Departments had turned off.
It is said that he told his messenger to tell each ap
plicant as ho came in to the Ante-Room that the
Secretary was busy, but would soon bo diiengnged,
until tho Anto-Room should be filled, and then to
let him know the fact, which was accordingly done.
Mr. Bancroft thoroupon initoad of sending for tho
applicants to como ioto his room, one by one, re
paired himsolf to the ante room, and informed the
crowd altogother that ho could do nothing in Iho
way of making removals and appointments—that
it was a vory deliento business—that politics con
stituted an exceedingly unploasant and unprofitable
pursuit—and he would most affectionately beg leave
to advise all of his domocrutio friends there assem
bled to go to their respective homos, and following
their own proper pursuits, callings and professions,
thank their stars that they had something bet
tor to do than to fill poor clerkships ! “What a full
ing off was there, my countrymen 1”
Important decision.—It is currently rumored in
this City, that the Supreme Court of tho State has
como to a docision in the important caso of State v.
Rivas—Indictment for tearing up tho Portsmouth
Road from Margarettsville to tho Roanoke. The
opinion of tho Court had nut boon filed, at the time
of writing this paragraph, but we learn that the de
cision settles the following points :
1st. Thai the sale made under Mr. Rives' Exe
cution.was not valid, because it was nut made at
the Court-houso.
2d. That the interest of the Road, and in all per
tonal property, may bo told under Execution ; but
the franchise cannot ho sold.
3d. That after the Road is sold, the Company
may, by petition, according to their Charter, have
the same land condemned liir erecting another tu-
perstructuro for the Rond.—JV. C. Paper.
Another Printer in tub U. S. Senate.—The
Philadelphia Sentinel says, that Cameron, the new
ly elected Senator from Pennsylvania, served i
regular apprenticeship lo tho printing business, was
a practical printer for a number of years, and hat
risea lo hit pretoui eminence by hit tel.nls and in
dustry.
Fi«*t Cotton from thb United Statu.—M
Robert Owen, tho celebrated Philanthropist of Eng.
land, manufactured the first two bales of Amoiican
cotton imported into Groat Britain, Tbe bules
were accompanied by a statement of the mode ol
cultivation, and expressing th* opinion that the
slat* from which itoame. Georgia, we believe,)
would produce two hundred bale* the following
year. W* now send about a million and a half ot
bale* lo England annually, la 1786, Mr. Madison,
wriliag tu hit friends, a*jd —"There ia no reason
to doubt that the United State* will on* day becorru
• R*** 1 ®°'too growing couuUrySix year* after I
tfcal (in 1799) the Union produced 138,328 pouoit, I
w|
1 ho Rov. Sidney Smith, oftor an illneaa 0 f toms
woek* duration, expiring March 3d, in |,i.
year.
Onthe night of the 3d, Mr. Roebnck, j„ ,l
Houso of Commons, asked Sir Robert Peel f or r
information regarding tbe present stats of nemH.
lions wills tbe United State* Government on ul
Oregon question, justifying bis question by ih*!?
com proceedings in the Ainoricun House of ReT
rotcnlntives. “*7*,
Sir Robert Poel, in reply refused to give the I*,
formation required, stating that ber Msjo.ty’,
liters Imd not to deal wiih tbe House of Repre
latives in the matter.
Tho London Time* of the 1st inst. has a spi
article upon the uclion of the Congress of tlm DuL
ted States upon (lie Oregon question. It dcclars.
that England is quite rcudy to defend to tho utter
most every right ol England which may be --....:| t V
and that it regards the principles of the Bill which
passed the House of Rcprescmalives at every wu
unjuslifiablo. The Times says (hit the B r i,tj,h
Govornmontare anxious for an amicabio setilcmeR
of tho controversy in regard to the Oregon Te lr L
tory ; and declares that if we refuse to do thi**■
once, we expose ourselves to the imputation ofos>
ly delaying thi* act of aggression until they lure,
belter clrance of consummating it.
Tlio new Ministerial appointments are no loans
matter of conjecture. Lord Dalhousie havingaj.
cceded Mr. Gladstone at President ul tbe Board ol
Trade, Sir Gcorgo Clork steps into tho vacant Viet
Presidency, with the Mastership of tlio Mint. £
Thomas Fremantle is the Secretary for Ire'litd,
he it succeeded as Secretary at war by Mr. Sidaer
Herbert; and the Secretaryship to ills Admiral),
ia filled by promoting Mr Thoms* Lower Corry
whilo Lord Jocelyn is to be.’lho new Lord. Mr
Gardwcll is ono ol tho Secretaries to the Treasury’
and the Hon. Wm Brigham Baring, Paymutsr
General.
We find not a word in our English piport rar
peeling the missing Now York packets.
The news from the Continent is not o r mtich
importance.
In Francs the Government hat been “'.tnnined af
ter considerable resistance ngoirst a Secret Sorric*"
money appropriation of ono million franca. A me-
lion to reduce the sum one fourth was lost by 31
majority. Tho French Ministry remain firm in
powor, but it wu* thought that a general election
would bo necessary to increase their strength.
In Spain, the Ministry are laboring loputan end
to Slavery. All tho Spanish Consuls were imtrucl.
od to encoursgo emigration to Cuba, so that whit*
labor might Hike tlio place of slave labor, it
is said that new conspiracies havo been discover-
ed at Vittoria—It is represented upon the out
side to bo a contest conspiracy, and upon tin
other an emouio in favor of Espaitero:
A quarrel Ira* arisen between the Queaa
Mother and Narvaez. General Prim hnd been
pardoned and ordered to reside at Madrid.
In Portugal the Queon Dona Maria bad giy.
on birth lo another Princoss.
Tlio Government continued to be greatly on.
harassed in its finances. The importations war*
becoming loss and leas, and from Great Britit
were smaller than ever. A new loan was in eo*.
templation.
Tho differences between Sweden and Dbnmau
and Mobocco have been arranged by tho mediatio*
of the governments of France and Great Britain.—
Tho Emperor has renounced the tribute. Tba
Danish and Swedish consuls returned to Tangier
on the I4th heb* The Emperor of Morocco was
at Tangier*, with the view of inspecting the for-
forlifications erecting under English engineer*.
Switzerland.—The very natural feeling against
committing the education of the youth of Switzer
land to tho Jesuits, continues to agitate that country,
and will probably lead to the eventual expulsioc ol
the disciplca of Loyola from the Cantons.
The State Council of Lausnnne resigned on the
14th ult, and tho assembly of Vaud had instituted
a new Council. The complaint was that 3,200 peti
tions for tho expulsion of tho Jews had not been it-
tended to.
Tho Government of Lucerne hnd cailod togothar
the entire military force of the Canton, Somo of
the officers of tho Army had thrown up their com-
missions,rather than take the oath proscribed. All
tho cantons wore greatly disturbed, and a colliiio*
was cxpocled.
It appears that the four great powers were deter
mined on insisting upon tho mnintonunce of tb*
constitution of tho 7th of August, 1816. It would
appear that the four powers recognise tho expedien
cy ^of removing the Jesuits from the cantons,
Tlio board established by a patent, during the
Pitt administration for opening the letter* of for
eigners suspected of having treasonable design*
against this or foreign governments, has been nbol.
tailed.
The Secrctury at War had decided upon the
erection of five experimental military prisons, to
which superintendents, selected from the half pay
list, are to Lo immediately appointed, at a aalary ii
tho majority cases of £200 per annum.
The New BrnTtau Tariff.—The Loudon corres
pondent of the N. Y. Courier, alluding to Sir Kot>.
ort Peel’s new tariff, say “there is now, no doubt,
that the whole governmental plan will receivo, by
instalments, tlio sanction of tho House—and a very
short timo, as it now appears will elapso before cot
ton, togollier witli 430 other articles now subject!"
import duty , may bo imported free. Export duty
and tho excise upon the manufacture of glass will
have ceased entirely.”
Sentence of McCurry.—This individual, con
victed in Baltimore of the murder ol young Roux,
of Georgia, has been sentenced to be hung. He
was feelingly addressed by his Honor, Judgo Bates,
during which he remained almost motionless, miin,
tabling outwurdly, suys tlio Uultimore America*.
tho sumo degree of composure ho rotuifosisfi
throughout tho wholo of his trial. Ho made sa
remark whatever, and at tho conclusion of the s*a-
tence, was remanded to jail.
< Manufactures at Columbus.—The Coluabu*
Enquirer, of the 10th inst., after alluding to tb*
newly erected cof-ni manufactory xi that city,
says: ‘‘We nre hup, j to leurn that another Inrg*
factory is to be erected very soon, the coutraclfo*
tlio sums having already been completed; and w*
cannot doubt that, in the course of a few years,
Columbus will, if nut compare advantageously, »l
least have begun the good work in such a mauass
as to place beyond conjecture the feasibility of tb*
South’s manufacturing ber own cotton goods, with*
out being the least dependent on her brethren of
tho North."
A Good Book.—A N#w Yotk pa per suites tba'*
wealthy gentleman called on Bishop OndcriJuakt
on Friday, and on taking leavo, mails him a pres
ent of a book. On tukiug off tho wrapper a«d **
peuing lo the titlo page, there war a liunuted
lor hank note ; oo turuing over o leaf there ***
another; a third leaf and tbera waa a third b<||b
over the fourth leaf a fourth Mil, and over the ®hh
leafs fifth biJ), until it seemed at though ibc bon*
was a volume of hundred dollar bills.
Iron.—Tlw consumption of iron in the i
States, In tha crude slate, ia usiimated at $43>000i-
000 per annum, nearly equal to the whule vslueef
raw cotton produced in the United States *• ptesa*
£ rices. According to Mr. Virlot, Frau**, 8wv*»w*
liMsia, and all lh* civilised power* ea th* cu*''**
eat, only produce about 700.000 teas per
Th* quantity of iron Imported into lb*
Bteios. w 1644, was 00,474 toa*. valurdAtf °
bmm