Stephen A. Douglas: A Study in American PoliticsJohnson, Allen
History
Stephen A. Douglas: A Study in American Politics
Johnson, Allen
Douglas, Stephen A. (Stephen Arnold), 1813-1861
The debate upon the joint resolution was well under way before Douglas
secured recognition from the Speaker. The opposition was led by
Winthrop of Massachusetts and motived by reluctance to admit slave
territory, as well as by constitutional scruples regarding the process
of annexation by joint resolution. Douglas spoke largely in rejoinder
to Winthrop. A clever retort to Winthrop's reference to "this odious
measure devised for sinister purposes by a President not elected by
the people," won for Douglas the good-natured attention of the House.
It was President Adams and not President Tyler, Douglas remonstrated,
who had first opened negotiations for annexation; but perhaps the
gentleman from Massachusetts intended to designate his colleague, Mr.
Adams, when he referred to "a president not elected by the
people"![188] Moreover, it was Mr. Adams, who as Secretary of State
had urged our claims to all the country as far as the Rio del Norte,
under the Treaty of 1803. In spite of these just boundary claims and
our solemn promise to admit the inhabitants of the Louisiana purchase
to citizenship, we had violated that pledge by ceding Texas to Spain
in 1819. These people had protested against this separation, only a
few months after the signing of the treaty; they now asked us to
redeem our ancient pledge. Honor and violated faith required the
immediate annexation of Texas.[189] Had Douglas known, or taken pains
to ascertain, who these people were, who protested against the treaty
of 1819, he would hardly have wasted his commiseration upon them.
Enough: the argument served his immediate purpose.
To those who contended that Congress had no power to annex territory
with a view to admitting new States, Douglas replied that the
Constitution not only grants specific powers to Congress, but also
general power to pass acts necessary and proper to carry out the
specific powers. Congress may admit new States, but in the present
instance Congress cannot exercise that power without annexing
territory. "The annexation of Texas is a prerequisite without the
performance of which Texas cannot be admitted."[190] The Constitution
does not state that the President and Senate may admit new States, nor
that they shall make laws for the acquisition of territory in order to
enable Congress to admit new States. The Constitution declares
explicitly, "_Congress_ may admit new States." "When the grant of
power is to Congress, the authority to pass all laws necessary to its
execution is also in Congress; and the treaty-making power is to be
confined to those cases where the power is not located elsewhere by
the Constitution."[191]
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