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IN the LOUISIANA and Florida treaties for the In
Ecorporation of the inhabitants Of Texas into the
with the principles of the federal constitution
The reasons in favor of this measure stated at
large in that document


In taking this step, the administration of Presi-
dent Jackson renewed (but, as was supposed, un-
der more favorable circumstancesl an, attempt to
accomplish the same object which bad been made
by its immediate predecessor instructions, sini-
lar in their general object had in the second year
of the latter administration, been sent from the
Department of State to the same American minis
ter at Mexico. l am. not aware thai there were
any material differences between them, other than
that those of 1927 proposed an acquisition of ter
ritory as far west as the Rio del being,
believe, the extreme western boundary of Texas
whilst the cession asked for by President Jack
son extended only as far west as the centre of the
Desert or Grand Prairie, which lies east of the
river Nueces; and that, for the former the paw
ment of one million of dollars was authorized,
whilst, blythe administration of President Jack
son, the American minister was permitted to- go
as high as fouF, and, if indispensable, five mil
lions. Both authorized agreements for smaller
portions of territory, and the payments were mo-
ditied accordingly. In respect to the proposed
stipulation for the ultimate Incorporation of k1e
inhabitants into the Union, both instructions were
identical


{. In August, 1887, proposition was received at
the Department OF State, from the Texan minister
al Washington, proposing negotiation for.the
annexation of Texas ta the United States. This
was the first time the question of the annexation
Of tofeign independent State had ever been pre-
sented TO this government In deciding upon the
dispoStioh thatought to be made.o it; did not
find it necessaryro consider the question of con-
stitutionai power, nor the manner in which the
object should Be accomplished, if deemed exped-
ent and proper. Both these points were there
fore in terms, passed over in the reply of the Sec
reary Of State to the Texan minister, as subjects
the consideration of which had not been entered
upon by the executive.


The first of these-viz: constitutional power
is now presented by your inquiries; not, however,
In precisely the same form. Then the applica-
tion was for the immediate admission of Texas
into the Union as an. independent State; your
question looks only to its annexation as part of
the territory of the United States There is no
express power given to any department Of thsgo
ernment to purchase terrftoTy except for the OBJ


ectS specified in the constitution viz: for arsenals
&c, but the powerhas, on several very Important
occasions, been regarded as embraced in the trea
tymaking power and territories have been SO.
annexed with view and uRder engagements for
their ultimate admission into the Union as States
IF there be nothing in the situation or coadtion





its admission hereafter into the Union as new
State improper, I cannot perceive any objection,
on constitutional grounds, to its annexation as a
territory Ia speaking Of the right to admit new
States, must, Of course. be- understood as refer
ring to the power of Congress. The executive
and Senate may as 1 have already observed, by
the exercise of the treaty king power acquire
territory; butnew States can only be admitted by
Congress- and the sole authority over the subject,
49,
ed in the following provision, VIZ: "new States
may be admitted by the Congress into this Union"
The onty restrictions imposed upon this general
power are, 1st: That no new States shall be form
ed or erected within the jurisdiction of any other
State nor, 2ndly, Amy State formed by the juno
ton of two more States, or parts of States
without the consent of the legislatures concerned,
as weikas of Congress s"-restrictions which have,
no bearing upon the present question The. mat
ter, therefore stands as it would do if the cohstitu
ton said "hew States may be admitted by the
Congress into this Union" without addition or
restriction. That these words; taken by them
selves, are bSoad enough to authorize the adnis-
sion of the Territory Of Texas, cannot; fhink,
be well doubted; nor do l perceive Upon what
principle we can set up limitations to power
50 umqualifedly recognized by the constitution in
the plain simple words | have qioted and with
which no other provision of that instrument con-
IIICAS III the SllSDIeSL degree. 6ut WHn no OH
er guides than our own direction we assume lirni-
lations upon power so general we are at least
bound to give to them some ineligible and de-
finite character The most natural, and indeed
the only one of that nature has been suggest
ed, and .whicH was presented by Mr. Jefferson
whilst he entertained doubts in respect. tothe con.
stitutfonal power to admit Louisiana, is that the
new States to be admitted must be formed out of
territory, not foreign but which constituted part
of the United States, at the declaration of inde-
pendence, .or the adoption of the constitution So
far from there being any thing in-the language of
the constitution, or to be- foHndin the extraneous
and cotemporaneous circumstances which preeRd-
ed and attended its adoption, to shows that such
was the irte1sioRs of It's Trainers, they are, n my
Judgment, all stronglythe other way. Ia the first
place, the arhcles of confederation, under which
the Union was asoriginally formed, and which gave
place tothe present constitqtionslooked directly to
a broader extension OF the confedefacy Itcon-
taired a provision that "Canada acceding te. the
confederation, and joining in the measures Of tbe
United States, shall be admitted into, and entitled
to all the advantages of khis Union; but NO 9TH
Err COLONY shall be admitted into the same, snless
such admission be agreedtoaby nine States" The
practicabilIty. as we'll as expediency, of making
Canada aemember of the Union, did certainly, to-
some extent. at least occuPy the minds of our
public men, as well before the close Of the revolu-
ton. as between that event. and the formation Of
the nevv constitution This Is hovsev6f s,f1Iu a