The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 361
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CONGRESSIONAL GLOBE.
361
not admit the truth of an imputation of that kind as
actuating the members ui" this body. He concurred
with the senator from Kentucky in the views taken
by that gentleman upon this subject. He considered
ujsfli fair and rational.
/ i_He-(Mr. C.) admonished us that we must look
through the influence of time, and act like states-
P16*1! f hat gentleman, in a bold, manly, and very
handsome manner, at once threw himself, Napoleon-
like, into the midst of battle, and admonished us
that the next step would be the admission of
Cuba as a State into this Union. In discussing the
prospect of a war with Great Britain, that gentle-
man looked forward to future events, with but one
fear—the destruction of the constitution, by novel
and dangerous experiments; and he (Mr. W.)
hoped other senators would also look forward, and
take into consideration the inevitable result of an
infraction of that_sacred instrument.
n This constitution was an instrument of equal bal-
ances. Take away or add one iota, and you de-
stroy those balances. What was the effect of the
present resolutions? To destroy the balance of
power between the States, by the admission of a
foreign terrritory. To acquire States out of a coun-
try separate from this, and throw them into the
balance. He asked if it was the intention of those
eminent men who framed the constitution, to give
to Congress a power like this.
>' Gentlemen talked about slavery. It was sufficient
for him to say that, in the non-slavehokling States,
they were not political abolitionists, and they were
disposed still to adhere to the sacred guaranty in
the constitution. He did not refer to that wild nl>-
olitionism which extend.** to life and property, for
they had as strong a hatred of that as was enter-
tained anywhere. But what was asked in these
resolutions? To give to one section of the Union
the right to represent and extend this property.
There was before the Senate, this day, a bill
which proposed to make an appropriation of some
$80,000 for the erection of a public building here.
Of what use was an appropriation like that? We
have no permanent seat of government in this
Union if tnese resolutions prevail; for as political
power marches southwest, so our Capitol will march
southwest. Already it was one-half the distance
more from here to Texas than it was from Missouri.
Gentlemen had heard, (luring this debate, that each
representative or member would go according to
the interests of his respective section. Could it be
contended, therefore, that, weol'thenon-sluveholihng
States should go so us to vote for a measure winch
was to destroy all those balances?
/'He did not rise to discuss this matter. He wns
utterly opposed to the proposition in any slmpe.
which it had hitherto assumed, lie rose beeuuse
he felt the force of the intimation of the senator from
Kentucky, that no senator here should withhold the
expression of his opinion.
Mr. BAGBY said that, whatever difficulties
might might existed in the minds of other senators
in regard to the ultimate determination of this great
question, humble and limited as were his views, he
had seen his way clearly and distinctly before him
from the beginning. He did not deny that, if this
thing could have been accomplished m tlie form of a
treaty, he should have preferred that form to any and
to all others. He had voted for the ratification of
the treaty presented at the last session; but the time
and opportunity for acquiring it in that way laid
passed by. It was an entire misconception, how-
ever, (at least so far as he was concerned,) to sup-
pose he was about to repose his constitutional obli-
gations in the hands of the executive, or any other
power than that to which he was responsible—God
alone.
In the course which he was pursuing, he feared
no evil, but rested upon the approving voice of a
quiet conscience,and, he had no doubt, theapproba-
tion of an enlightened constituency, He indicated
clearly last night (which was not the fashion upon
all occasions here) precisely how far he would go,
and how far he would not go. He stated then, in
terms distinct and not to be misunderstood, that this
was a new case, differing from any of the authori-
ties introduced by his able friend on the right [Mr.
Walker] in his argument, and therefore required a
new remedy. He distinguished it then, and he dis-
tinguished it now, from a case which called for the
intervention of the treaty-making power. If she
were an independent foreign State, at the time
this act was to take effect, whatever might
be the consequence to him, that State should not, by
his vote, have permission to enter this Union; be-
cause he verily believed that the constitution did
not give power to admit foreign States. But the
novelty of the case consists in this: that, by this
act, she is not to occupy and maintain that position,
but to place herself upon the footing of one of the ■
States of this Union, and the treaty-making power
is not necessary in order that this object may be ar-
ranged and provided for, but can be accomplished
by cession provided for m the amendment.
If, then, Texas was, by the operation of this act,
as amended, to be placed on the footing of one of the
States of this Union, provided she assents to it3.pro-
visions, it only remains to inquire whether there is
not a mode in which the whole object cannot be con-
stitutionally accomplished without the aid of the
treaty-making power. He thought it could; and
that the plan proposed in the bill of his honorable
friend from Missouri was entirely adequate to that
object. It met with his entire approbation, as he
had stated last night. He was not, theiefore, re-
posing confidence in the President of the United
States, although he would rest it there with great
pleasure. He said this now, however, that if this
discretionary power of the President was exer-
cised in a manner contrary to the constitution, he
iWould oppose it.
I Mr. BATES said, if he understood the motion of
the senator from Georgia, [Mr. Beiuukn,] it raised
this precise question—whether Congress has the
power to admit a foreign State into this Union? It
was agreed by all senators, so far as lie knew, that
if a foreign State could be admitted at all, the treaty-
making power was competent to acquire that terri-
tory; and it was said by the senator from Kentucky
[Mr. Ciiittknokn] to-day—to which no answer had
yet been given—that if this power be vested m the
President of the United States and the Senate, it is
exclusively a power confided to them. Could the
framcrs of the constitution have intended that, with
the power of ratifying treaties by a vote of two-
thirds of this body. Congress should have the same
power by a naked majority? The amendment of
the senator from Ueorgia decided this question, and
upon that lie was prepared to vote.
The question wan then taken on Mr. Berrien's
motion, hihI decided in the negative—yeas SJS, nays
us follows:
VKAtf -Mt'sMs, \rcher, Battel, Bajard, Bernon, Choate,
rifiyton, ( littendeii. Dayton, K\ans, Krancis, Huntington,
Jarmigm, Johnson, Mungum, Miller, Morehead, IYarc<\
rht'lpt«, Poiter, liivi'R, Mmmorn, Vpham, White, and Wood-
Im'dejo
N \VS Mcniis. Allen, Ashley, Atchison, Atherton, Bag-
by, Benton, Buchanan,* ( olqmtt, Dickinson, I'ix,
I'imfield, llamit'Kun, lluywood, Henderson, lluqer. Levws,
MoOutiie, MoniYk. N'iies, Somple, Sevier, Sturgeon, Tap-
i>an, Walker, and \\'oo<H ur)' -v'O
vCftlr. CRITTENDEN wished to make a remark
or two, Ho would not detain the Senate five min-
utes. According to the arguments which gentlemen
on the. other side had urged here, Congress has the
power to admit new States into the Onion, acquiring
thereby not only the people, but the territory which
ihcy occupy. It was said that, under the provis-
ion to admit new States, Congress can admit foreign
Pistes; and if the argument of the gentleman from
Mississippi [Mr- 1 Ikndkhson] was correct, this
power hail been exercised m several instances, and
North Carolina and Rhode Island were foreign
States, admitted by the same power, and the same
right, and by the same means, that Texas or Mex-
ico could be admitted. The gentleman had traced
the history of their admission; and the Senate had
learned from him that no law wns passed for their
admission—that they merely signified their appro-
bation of our constitution, elected senators ana rep-
resentnin-es, who appeared in Congress and look
then' Reals, and from that time those States acted as
pmuons of our Union. And the argument from
this was, that we may do the same thing in regard
to Texas. Now, he (Mr. C.) put it to him to say
of what manner of use was all ihis legislation upon
this subject. Let Texas make a republican consti-
tution—let her appoint senators and icpresentatives,
—and she has a right to come into this Union, and
participate m our legislation, and all the affairs of
the government. This was the argument of the
senator from Mississippi: North Carolina was a
foreign State. Rhode island was a foreign State.
Texas cannot be more than a foreign State. This
was the inference: let Texas just do exactly as they
did, and the work is complete—the syllogism is per-
fect, according to the rules of logic. The whole
fallacy of the argument consists in the utter ground-
lessness of the fact that these two States, North
Carolina and Rhode Island, were foreign States.
He had omitted these remarks to-day; ancl he had
chosen this opportunity to supply them, upon the
singular position taken by the honorable senator
from Mississippi. He called his attention now to
the uselessness of this legislation on the subject
upon which he [Mr. Henderson] was voting. Let
Texas read our history, and the history of North
Carolina and Rhode Island, and just follow in their
tracks, and her senators and representatives may
come here and take their seats by our siies. There
was no occasion for her to ask for any law upon the
subject—none at all. North Carolina and Rhode
Island were foreign States—Texas is a foreign State;
and all that is necessary for her to do, according to
the honorable senator, is to appoint her senators and
representatives and come in at once. He who could
imagine that North Carolina and Rhode Island were
foreign States, might easily imagine—if his imagi-
nation was true to itself—that Texas was a domes-
tic State. To him legislation did not appear at all
necessary—it would be derogatory to .the rights of
Texas, California, or any other State that had noth-
ing to do but to send her senators and representa-
tives here, and becojne a member of our Union.
Mr. HENDERSON said he had no intention of
entering, at this hour, into the argument of the gen-
eral question. He wished simply to restate his po-
sition. He had said that while the constitution
gave Congress power to admit new States into the
Union, it prescribed nothing as to the mode and
manner of their admission. Congress was left at
liberty to prescribe such mode as should suit its own
views of propriety. When Rhode Island and North
Carolina were admitted, one of them had positively
rejected the constitution, and the other had delayed
to assent to it; but at length both of them did em-
brace it, and then they were admitted, Mr. H. had
not said as of right, but without any other form or
ceremony of any kind, and theii representatives en-
tered the hall of representatives, and took their
seats as members of Congress. He next remarked
that when Congress received new Stales, erected
from territory of our own, it entered into stipula-
tions with the people of the territory, and prescribed
conditions on which they should- be admitted as a
State into the Union; but that the representatives of
Rhode Island and North Carolina had come with-
out terms or forms of any kind. Congress might
prescribe terms to Texas as she did to other new-
Stales. He did not see any inconsistency in these
positions with each other.
' '.M1'- BUCHANAN said he did not rise to debate
the question. He had heard some of his respected
friends on this side of the House, in whose sincerity-
he had the most entire confidence, observe that if
these resolutions should pass the Senate, the consti-
tution would receive a mortal stab. If Mr. B.
thought so, great as was the acquisition we were
about to make, he should be the last man in exist-
ence to acquire the richest benefit the world could
hold out to our grasp at such a pricej
A Mr. B. said he might have assumed the privilege
of reply which belonged to hiin from the position
he occupied on the Committee on Foreign Rela-
tions; but he waived it. Not because the arguments
on the other side had not been exceedingly inge-
nious and plausible, and urged with great ability;
but because all the reasoning and ingenuity in the
world could not abolish the plain language of the
constitution, which declared that "new States might
be admitted by Congress into the Union." But
what new States? The convention had answered
that question in letters of light, by rejecting the pro-
posed limitation of this grant which would have
confined it to States lawfully arising within the
United States. The clause was introduced with this
limitation, and, after full discussion, it ended in the
shape it now he'd, without limitation-or restriction
of any kind. This was a historical fact. It could
not be denied. Planting himself upon that fact, and
having heard no argument which shook the posi-
tion believing, as he most conscientiously did be-
lieve, that the constitution would not be violated in
the least by-the adoption of the pending resolutions
he here entered his solemn protest against the sol-
emn jn'otests which had been made on the other side
and which went almost the length of implying
that he, and the advocates of these resolutions'
were knowingly and of design violating the consti-
tution and their oaths, to secure a favorite political
measure.
This was the greatest public act in which Mr. B
had ever had the honor of taking an humble nart:
he should do it cheerfully, gladly, ^oriouslyf be-'
cause he believed that his vote would confer bless-
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United States. Congress. The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session, legislative document, 1845; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2366/m1/377/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.