Jones_Letter_232_51044

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ernment, to transfer the United States, or the people thereof, to any foreign power ; and that Texas, in this regard, has no greater powers. They believe, that the powers of Government are a trust incapable of transfer, and granted to be applied only to their legitimate ends, and that, therefore, all the organized powers of the Government of Texas could never rightfully transfer her Government, territory, and people, to the United States, with any more or greater effect, than all the organized powers of the Governments of the States, and the United States, could Transfer the Governments, territory, and people of the States, and the United States, to Texas.

But if this were otherwise, and if all the organized powers of the government of Texas, in any or in all forms, were competent to transfer the people and territory to this Union, the Committee believe there is no rightful power in all or any of the departments of our national government to recieve them.

Bit it is said further, that Congress may, as an ordinary act of legislation, declare war, that war may lead to conquest, and thus territorial acquisition may be forced on the country by the simple action of a clearly defined power of legislation, and that if this be so, what Congress may do by legislation, "forcibly, if they must," they may do by legislation, "peaceably, if they can." But this argument takes from granted what is by no means conceded.

Congress may, it is true, by a simple act of legislation, place the country in a state of war. Congress may raise armies, and the Executive, as commander-in-chief, may overrun foreign territory and hold it by conquest. But this right of Congress, if right at all, it must be always remembered, is but a temporary right. It is a right merely to hold and occupy the country until peace takes place. It is the treaty of peace, and that alone, which settles all rights of conquest in war, and all rights of territory at its close. And although war, under our Constitution, is a legislative power, peace is not. Peace being attainable only by treaty, and that power being clearly placed by the Constitution in the President and two-thirds of the Senate, excludes, of course, the legislative power from any participation in the act of peace, and thus leaves the argument without any foundation whatever.

The Committee have, on the matter referred to and considered by them, arrived at the following conclusions, which they ask leave to state :

1st. That the Constitution of the United States was originally formed and adopted for the territory of the United States, as it existed at its formation and adoption, and for that alone.

2d. That the Constitution contains no power whatever to admit new Sates, or territories, without and beyond the bounds of the Union, as established when it was formed and adopted.

3d. That there has been hitherto no precedent for the admission of a foreign State by traty, or a foreign State or territory by legislation.

4th. That the States and territories admitted since the adoption of the Constitution, out of territory not then within the Union, are admitted by the general consent and acquiescence of the States and people, in the acts of admission.

5th. That this general consent and acquiescence form no precedent for the other cases, and impose no duty on any state of the Union to extend it to any State or territory not now within the bounds of the Union.

6th. That the power to admit States and territories not within the bounds of the Union at the adoption of the Constitution, having never been delegated, is reserved to the Commonwealth of Massachusetts, or the people thereof, and can only be rightfully exercised in such manner as they shall hereafter appoint.

Such being the result of the examination of the powers of the national government, under the Constitution of the United States, to admit Texas into the Union, the labors of the Committee might have come to a close. But the actual position of Massachusetts, in regard to this momentous question, seems to them to be such as to require them to proceed under the order of reference to some further considerations.

It might perhaps, be deemed, under other circumstances, and those of a less pressing and embarrassing character, more respectful to the authorities of the United States, to presume that no attempt would actually made to push the powers of the national government beyond the constitutional limits in the admission of a foreign State. But when it is considered that the attempt has not only been made once, but has been repeated already, that it is urged on by all the ofrce that can be applied to it by a section of the country, and by an interest in that section which has hitherto known no result in political action but success, it may be proper for the people of Massachusetts, through their Representatives, to declare the grounds on which not only her opposition to the admission of Texas is now placed, but will hereafter maintained. The decisive, unanswered, and unanswerable objection, is the want of constitutional power to admit.

Massachusetts makes no boast of her fidelity to the Union. It is simply her duty to be faithful to her engagements, and she fulfils her obligations as such.

She forbears to inquire into the expediency of the admission of Texas, or any other foreign state, into this Union. If benefits ten times greater have ever been presented by the glowing imaginations of its most passionate admirers were certain to follow the admission, she would still say, "the Union as it is," until altered by the power that made it.

She forbears to inquire whether the admission of Texas would bring war in its train from Mexico or any other nation.

She forbears to inquire whether Texas would come into the Union oppressed and overwhelmed with debts, or with "the possibility of riches beyond the dreams of avarice."

She forbears to inquire into these, not because they are not of the highest importance in themselves, but for the reason that, when a clear principle obstructs her way, she can never be made to pass over it or around it.

The Constitution is in the way of the admission of Texas. This is insuperable, and she inquires no further.

But if, instead of submitting the question of the admission of Texas to Congress, or to any or all the departments of the national government, it was now submitted directly to the people of Massachusetts, what would and ought to be the answer?

His Excellency the Governor, in that part of his message referred to the Committee, says, in relation to the admission of Texas into the Union, "It is too obvious to require argument that slavery, with the considerations connected with it, is the leading motive which impels the movement for the hasty consummation of this important measure."

Massachusetts is compelled to say, that the whole evidence before her, in regard to this matter, renders it impossible for her to doubt that the acquisition of political power by the extension of the slave interest into Texas, and the greater security to that inter-

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est, by the increased power thus to be obtained, have driven forward this measure with an earnestness, an impetus, and an energy, which nothing but a superior earnestness, impetus and energy, in defence of her own rights, and the rights of humanity, can counteract or restrain.

Massachusetts will take no ground on this matter which she is not able and willing to maintain. She has already declared, through her Executive, that "as a State, she has ever maintained, and ever will maintain, the whole of the Constitution of the United States." In this, while her constitutional obligations remain, she never will falter.

But when it is proposed to her people, to enter into relations with States or territories, to which the provisions of the Constitution do not extend, and when she is asked by such extension to place every three of her own freemen on a political equality with every five persons in Texas, who are bound down to everlasting servitude by a Constitution which "secures," as it is said, "in the most nervous and clear language, the rights of the master to his slave," she has but one answer to make, and she makes this answer calmly and deliberately, and firmly,- Massachusetts will never consent to enter into any such relations.

She will never consent, where she is not already bound, to place her own free sons on any other basis than perfect equality with freemen ; and, last of all, and more than all, she will never, by any act or deed, give her consent to the further extension of slavery to any portion of the world.

Commonwealth of Massachusetts.

IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND FORTY-FIVE.

RESOLVES

CONCERNING THE ADMISSION OF TEXAS.

RESOLVED, That Massachusetts has never delegated the power to admit into the Union, states or territories without or beyond the original territory of the states and territories belonging to the Union at the adoption of the Constitution of the United States ; and that, in whatever manner the consent of Massachusetts may have been given or inferred to the admission of the states already, by general consent, forming part of the Union, from such territory, the admission of such states, in the judgment of Massachusetts, forms no precedent for the admission of Texas, and can never be interpreted to rest on powers granted in the Constitution.

RESOLVED, That there has hitherto been no precedent of an admission of a foreign state or foreign territory into the Union, by legislation. And, as the powers of legislation granted in the Constitution of the United States to Congress do not embrace a case of the admission of a foreign state or foreign territory, by legislation, into the Union, such an act of admission would have no binding force whatever on the people of Massachusetts.

RESOLVED, That the powers never having been granted by the people of Massachusetts, to admit into the Union states and territories not within the same when the Constitution was adopted, remains with the people, and can only be exercised in such way and manner as the people shall hereafter designate and appoint.

RESOLVED, That the people of Massachusetts will never consent to use the powers reserved to themselves, to admit Texas, or any other state or territory now without the Union, on any other basis than the perfect equality of freemen ; and that, while slavery or slave-representation forms any part of the claims or conditions of admission, Texas, with their consent, can never be admitted.

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RESOLVED, That His Excellency the Governor be requested to transmit copies of the preceding Rport and Resolves to the President of the United States, the several Senators and Representatives in Congress from this Commonwealth, and the Governors of the several States.

HOUSE OF REPRESENTATIVES, February 20, 1845. Passed SAMUEL H. WALLEY, JR. Speaker.

IN SENATE, February 22, 1845. Passed, LEVI LINCOLN, President.

February 22, 1845. Approved, GEORGE N. BRIGGS.

A true copy,- Attest; [John G. Palfrey?] Secretary of the Commonwealth.