novsg OF REPRESENTATIVES, !
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ehe refusal OF the Legislature Of Kentucky pass apprc
sory resout onte votes ia ken IN the Legislatures Of Penn
,Tya1i1 New NcIS ard. rs iiSt informed Naueaud
he impression that Mr. Clay viii oppose the aunexaton-gye
IT'S believe! thai n aud frank declaration from you ia
oqbe this great object will be o, great service 10 the
cssa:.e my right 10 lnqure and your duty to answer shall
le greatly obliged 10 you for letter setting forth your Opinions
count Of srea, effect have the ques
Ca early & pgey ot on nna GmSTe nH Yrs i n VIII pull
fe the action othe Baltimore Conventions; unc you
immediate putlicaton-n WHICH event VIII also comply
Paion me ioi suggesting that should your opinions be
oooi, w be ouby enhanced the cs,inution of all
friends of the by the earliest possible public ayowu


Tial' Your friend and o'si,Sq W ii if'Yf9,A Yi9&AnEr


Hon NJ. vAS BvRrN I.ndenwad, Aew-York.


LiSpESw,Lp. April 90 1874.


Ny Dear Sir: Your letter OF the 9th oi March
last was duly received.


Acting as an unpledged Delegate 10 tue Baltimore
Convention, you ask my opinion III regard 10 the
consiitulonaity and expcdency OF an immediate An
nexaiion of Texas 10 Tie United States, or as sooH
Us the assent OF Texas may be had 10 such anncxa-
ton Upon the receipt OF your letter, caused lon
to be forthwith informed that your request should
be complied with i'll full season for the Convention.
This promise shall now perform. But, lest my
mott, es in making public avowal OF my opinions,
Wills, negotiation is supposed 10 be pending,
should be misconsrucd, shall send this TO friend
who will delay lis delivery ms long that can be-
done consistently with faithful compliance with the
requirements o! your letter, and the general objects
for which ii was written.


You by no means oyerate the importance of the
subject upon which yOu have been pleased 10 nd
dress me. Ii is not only question ot intense IL
erest TO every par, of The country but is unappily
also one in regard to which may not promise our
selves that unanirnity in opinions which is so ippoI
ant when great National questions like this ure 10
be decided. That those which AM about IL eX-
press will, in at least important particular, differ
from that OF many friends, political and personal,
whose judgments aud purity of views hold IN high
and habtuul respect, can well imagine and IL is
quite evident from the tenor OF your letter. that they
will not i'll all respects correspond with your own
r. however such ofmy felow-CitizenS as arc neither
influenced by pre- udces nor warped BY selt-lntcresi,
cUnccde TO my opinions the merit oi having been
formed under views directed To the preservation and
advancement of the honor und best interests Uf
common country, whole, and expressed with II
sincerity which has overlooked, us far our feeble
natures will permit us 10 do all personal corsdera.
TONS, my most favorable anticipaons will be real
lied.


Ii has already been made my duty 10 act officially
on at least two several occasions, but Ill different
forms, upon the subjectmaticr 10 which your qucs-
tons have reference.


Having charge of the Department Of State in 1920,
prepared, by direction ol the President, instructions
TO our Minister ut Mexico, by winch he was directed
V, II
lean Government for tie purchase OF the greater par;
OF the then province of Texas, and 10y which he was
likewise authorized TO lnseit IN the Treaty pro'ls-
ion similar that in the LOUISIANA and FLORIDA rca'
ties for lie incorporation oi the inhabitants oi Texas
into the Union us soon ii could bc done consist
emily with the principles of the Federal CONSTITUTIONS
The in favor U tins measure stated al large
in that document.


In taking this stop the administration of Pres
dent Jackson renewed tbui, ns was supposed, under
more favorable circulustance- an alem,t 10 ac-
complish the same object Which had been made 10y
It's immediate predecessor Instructions, sllnilar III
their general object, had, in the second year o The
latter administ aon, been sent from the Department
OF State to the same AmerlcuI Minister at Mexico.
| am not aware that there were any material diller-
ences between them, o.Ecr than that those oi 1871
proposed an acquisition OF territory as lar West rs
the Rio del Norte-bcins, 1 believe. the extreme
Western boundary of TeXas-whilst the ccssiun
asked for bv President Jackson extended only as tar
West as the centre of the Descr, or Grand Prarie,
which lies East of the River Nueces and that, Tor
tie former, The payment oil one million oi dollars
was authorized whilst by the Administration OF
President Jackson, the American Minister was per
mitted to 90 as high four, and, II Indispensable
five millions Both authorized agreements for
smaller portions of territory and the pay mens were
modified accordingly. Ii respect 10 the proposed
stipulation for the ultimate incorporation OF the
inhabitants into the Union, both instructions were
identical


In August, 1851, proposition was received al the
Department OF State, from the Texan Minister II,
Washington, proposing negotiation Tor The Annex
alton of Texas 10 the United States. This was the
first time the question Of the annexation OF lorelgn
independent State had ever been presented 10 this
Government. In deciding upon the disposition that
ought 10 b. made OF il, did not find ii necessary to
consider the question OF constitutional power,
the manner i'll which the object should be accom-
piished il deemed expcdcn, and proper. Both
these points therefore, III terms, passed over IN
the reply OF the Secretary OF State 10 the Texan
Minister as subjects the consideration OF which had
not been entered upon by the Executive.


The first of these--viz: constitutional powers
now presented by your inquries not, however, Ill
precisely the same form. Then the application was
for the immediate admission OF Texas into the Tn
ION a. an independent StaIe; your question looks
only 10 lis Annexation part oil the territory OF The
United States. There is no express power gwen 10
any department OF the Government 10 purchase ter
ntory except Tor the objects specified IN the Constr
tuuon, VIZ for 0rsenais &c; but the power has,
on several very important occasions been regarded
Us embraced IN the treat, making power; and terri
torres have been so annexed with view and under
engagements for their ultimate admission into the
Union as States. II there be nothing in the stua.
uon condition OF the territory of Texas which
would render It's admission hereafter into the Union
Us a new Stale improper, cannot perceive any ob-
jscIon, on Constitutional grounds TO It's Annexation
us territory. In speaking OF the right tc admit





ferng to the power Of Congress. The Executive
and Senate may, as have already observed, BY the
exercise of the treaty making power, acquire terri
tory; but new States can only be admitted by Con
grcss: and the sole authority over ihc subject,
'hich is given TO il by the Constitution, is contained
N The following provision, viz "nvw States may be
Omitted by the Congress into This Union.' The
on!y restrictions imposed upon this general power
are, lsI. That 40 new States shall be formed or
erected within the jurisdiction ol any other State;
nor, 2ndly, - Any State formed hy the junction @,
TWO or more states parts OF States, without the
consent oi the Legislatures concerned, well OF
Congress "-restfic,ions which have no bearing
stands as il would DO if The cons,;,f;on said ..ns,r
States may be admitted by the Congress into this
Union, without addition or restriction. That these
words, taken by themselves are bread enough 10
authorize the admission of the territory Of Texas,
cannot, think, be well doubted; nor DO perceive
upon what principle can set up limitations TO
power so unqualitiedly recognized by the Cons,,u-