Annexation-unless frustrated by the failure of Texas herself to comply with the conditions presented by our government, and the objections that may yet be raised on the ground of the inadmissibility into our confederation of the constitution she may adopt-is now practically accomplished. The forms indeed in which it was invited, were in derogation of the Constitution-setting at nought both its letter and its spirit; but with the plastic alacrity of popular sentiment in this country in adapting itself to the status quo, opinion is already reconciled to, or acquiescent in, an outrage at once irrevocable and remediless, unless through the contingencies intimated, the possible results from which we shall presently consider. The body of the nation, little understanding, at present, the exact condition of things, is bent upon improving its new possession.

The Tariff of '42-including as it does in its provisions the principle of Protection-must also be said to have triumphed with Mr. Polk, whose ambiguous letter, during the canvass, to Mr. Kane of Pennsylvania, alone enabled him to carry that State and thereby to secure his election. But the struggle for its preservation is yet to come; for, now, firmly seated in the Presidential chair, Mr. Polk has gone back to his original anti-Tariff doctrines, and is to use all the influence of an office obtained under false pretences, to overthrow that principle of which he was claimed as the fast friend.

Other very grave and important questions, of newer and fresher gloss than either Texas or the Tariff and upon which the sentiment of the country is as yet unascertained, or at least has never been authentically pronounced-and upon the wise and final solution of which, the action of the Whig party must be very influential will occupy the attention of the nation. We refer to OREGON, and to the claim-recently for the first time distinctly shadowed forth, in a speech in the Chamber of Deputies by M. GUIZOT, the prime minister of France-of a European right to interpose in the affairs of this Continent, in order to the maintenance of some fanciful balance of power among the nations to which it belongs.

Over and above these large and general questions, there remains for the consider ation and action of the Whig party those conservative principles, greatly menaced in the actual condition of the country, which may be characterized as distinctive

of that party. We refer especially to its steady and habitual submission to lawits deference for vested rights—and abhorrence of all violent and disorderly attempts to alter or overthrow existing institutions. We propose to examine somewhat at length the obligations in regard to all these topics, imposed upon the Whig party by the circumstances in which they find themselves.

Annexation is in one sense an accomplished fact. Yet there is still to be a recurrence to Congress before the question is finally disposed of; and this will, to a certain extent, re-open the whole subject for discussion. We use the expression "to a certain extent," deliberately-for on some points we hold that the action of Congress cannot be reviewed nor called in question. In so far as the pledge has been given, that, upon acquiescence in the conditions prescribed, Texas should be admitted into the Union, this nation is irrevocably bound, nor is it now competent for any one to inquire into the circumstances under which this pledge was given. In all the forms and guaranties of national action on our part, the resolution of Annexation was adopted. In reliance upon it, Texas has acted, and-dissolving her own nationality and relinquishing her existence as a separate and independent State-has consented to become one of the States of this Union. However, therefore, the mode in which this resolution was adopted be open to censure and however questionable the right, as questionable it undoubtedly is, either of the Executive or Legislative Department of the Federal Government to invite and admit a foreign independent State into this limited partnership of States-the invitation having been given and accepted, cannot be recalled.

But it is the right, and it will, in our judgment, be the duty of the Whigs in Congress to look narrowly to the conditions prescribed; for thereon hangs all the obligation on our side.

One point of special interest is the nature and spirit of the constitution adopted by Texas. It is not enough that it should be republican in form, if it be not so in essence; and most assuredly the provision which it contains respecting the institution of slavery must appear to every reasoning, liberal and patriotic person, whether in the North or the South, whether possessing slaves or having no interest in such property, open to the most insurmountable objections. We

will try to put this point briefly in a clear light. A clause of an Article in the Constitution of Texas (See Art. viii., Sec. 1) holds this language. The Legislature shall have no power to pass laws for the emancipation of slaves, without the consent of their owners; nor without paying their owners, previous to such emancipation, a full equivalent in money," &c.

Now, let every lover of his own State and of our Confederacy-in whatever section of the Union-fairly consider what is implied in those words marked in italics. They embrace a position and a law, such as should belong to no State in the Union, and such as no State, nor any part of the citizens of any State, could now be persuaded to assume. It will be perceived that, by the construction of the language, the law contained in the clause stands absolute, entirely unconnected with any modification by contingent or supposed conditions (of compensation, general consent, or otherwise,) but nakedly setting forth, that under no possible change of circumstances shall the State dissolve an institution unquestionably subject to constant and unforeseen changes, but shall allow any possible fraction of its original supporters, onefifteenth, or one-twentieth, (the rest assenting to its dissolution,) to maintain it still in existence-if so determined-and that even though they might be offered a reasonable compensation for the loss of property therein. Now the institution of slavery has been secured to each State of this Confederacy, as long as such State shall choose to continue it, by the most solemn guaranties of the Federal Constitution; and no one has any right to urge its abolition, except through the action of each State by itself. It will also be remembered that, by the Missouri Compromise, the contingency was deliberately provided for of new Slave-holding States arise to within certain prescribed limitslines of latitude and longitude considerately traced out--within which the same institution should be indefinitely recognized and upheld. But most assuredly the idea would have been scouted then in connection with this Compromise, as it would now by any State in the Union, that it, or any State yet to arise should, in the most solemn constitutional forms, bind itself never to allow the Legislature to act even upon the expediency of abolishing either this or any other social institution or condition of things, so con

fessedly open to modifications by time and circumstance. It would be considered, as it is, an unwarranted and most dangerous introduction into our Republic, of an entirely new and unrepublican feature. This, then, may undoubtedly furnish occasion, unless Texas remove the clause from her constitution, of re-opening the question to the consideration of Congress. And it is not a point for party discussion. Not only the Whigs will be called upon to consider it, but all of the opposing party, possessing any knowledge whatever of the nature of our confederation, cannot fail to speak strongly upon it. We only hope that, in the discussion to which this provision of the Constitution of Texas may give rise, there will be no angry or unkind feelings of either a party or sectional nature.

Another topic that will provoke no little discussion will be that of the public debt of Texas. The resolution of Annexation expressly stipulates against its assumption by the United States; yet there is a prevailing sentiment, that the new State must not come in with the stigma of repudiation; and, inasmuch as Texas cannot out of her public lands, the only property she reserves, provide the means of discharging the debt, or even of paying the interest upon it with punctuality, it has been suggested, that these lands should be ceded by her in fee to the United States for a sum that will suffice to extinguish the debt. This is a suggestion by no means free from difficulties. Not the least of these is the uncertainty of, and the apparent impossibility of ascertaining the amount of, that debt-so great seems to have been the carelessness of the accounting and recording officers of the Texas Treasury.

Another and perhaps more formidable objection will arise from the very general persuasion that the calculation upon such a provision for the debt of Texas entered largely into the schemings and intrigues which prompted and mainly accomplished annexation. This will be a strong ground of opposition to any arrangement, in any shape, by which the United States shail be made instrumental in redeeming this debt.

The feeling, too, which at the close of our revolutionary war was so strongly appealed to against discharging at par, or dollar for dollar, a debt of which the evidences had been so much depreciated as to pass for not more than one-fourth or

one-fifth of the value on the face of them, will not fail to mingle in this question.

It is to this day made a party reproach against ALEXANDER HAMILTON, that he devised and carried through the funding system, whereby ample and honorable provision was made for the debt contracted in the struggle for independence, and which was strictly the price of freedom; but which, owing to the pressure of war while it lasted, and after its close, of the poverty and almost anarchy of the confederation, had run down so low as hardly to retain any value in exchange. To have opposed or supported Hamilton's funding system is still occasionally used as a distinguishing test between parties, and the name of republican, or, in more modern phraseology, of democratic, is expressly claimed for the party which resisted that honest measure, and resisted it on the double ground-first, that by funding the debt, a favored class of citizens were raised up, interested in sustaining the government, however administered; because upon that government they were dependent for the payment of their stocks-and secondly, that in redeeming at par a debt which had passed at merely nominal rates from its original holders, from those who had rendered the service into the hands of grasping cormorants, not those who, in reality, had made sacrifices for, and shown their confidence in the cause, were benefited, but those who speculated upon the necessities of the well-deserving patriots, and who, or some of whom, by witholding supplies exaggerating difficulties, and propagating doubts and fears, had been enabled eventually to buy up, for the merest trifle, the certificates of debt.

It will now be seen whether those who claim to be the representatives, at this day, of the anti-Federal party of our earlier annals, will maintain the same line of argument in respect to the debt of Texas; a debt recommended by no such sacred associations and patriotic appeals as that of our revolution, and which, not less than that, has passed almost entirely from the hands of its original holders, into those of mere speculators. From past indications there is little reason to doubt that, in this particular, as in so many others, there will be found a very decided contradiction between the practice of the democracy, and the principles it professes; and that we shall see those who, wearying the popular ear with declarations that they are the true disciples of the original

Republican party, will now be foremost-not directly, but by circumlocution and expedients meant to deceive-virtually to assume the debts of a foreign State incurred under circumstances similar to, but certainly not more sacred than, that of their own country, which yet, their great prototypes not only refused to provide for, but stigmatized the honest patriots who did so, as a corrupt stock-jobbing aristocracy.

There is, too, a general impression, which we merely refer to, without any intention of analyzing its justnessthat, among the speculators in Texas securities, are included many, who in official stations contributed to annexation, and who were moved thereto at least as much by the hope of personal advantage, as by patriotic solicitude. Of this impression, we repeat, it is not our purpose to examine the justness, but its existence is as general and unquestionable, as it will obviously be adverse to the success of any project of a redemption of these securities through the means or credit of the United States.

From these various considerations it will be readily perceived that, whatever the abstract view of many leading men and presses may be, there are strong, practical and well-grounded reasons for resisting any project of making this country responsible for the debt of Tex

as.

Moreover, some of the States of the Confederacy are suffering the dishonor of repudiation; why not, it will be asked, first go to their assistance? Give them the value of their share of the public lands we already possess, before we add to our untold millions of unproductive acres, many millions more to be paid for out of the present resources of the Union. This seems reasonable, and possibly there may result from these conflicting interests and opinions a compromise which shall substantially satisfy all parties.

For the virtual assumption of the debt of Texas, in spite of the positive disclaimer of the resolution of Annexation, will be most warmly pressed by that party, which has most strenuously resisted every proposition at home, to appropriate the proceeds of the sales of the public lands to the respective states. Is this not an occasion then, when the Whigs may say to their opponents, We will meet you half way. Do for the States now composing the Union what you propose in respect of the new State about to be admitted to it and we will co

operate with you throughout. Engraft on your bill for buying the lands of Texas at a price which will extinguish her debt, the substance of Mr. Clay's bill, and we are ready to vote with you. Less than this the Whig party should not ask, and without such a provision, or some one analogous to it, they will hesitate very long about consenting to pay the debt of a foreign State, while leaving those of several of our own States wholly uncared for.

Questions will arise concerning the boundaries of Texas. These properly belong to the treaty-making power. It appears, nevertheless, that the President has, of his own mere notion and authority, undertaken, to declare, and to seize upon, the Rio del Norte, as the western boundary of Texas. If this be so, and it shall stand, the Senate, as part of the treaty-making power, is, for the second time in this matter, to be ousted of its exclusive prerogative, and Congress must determine whether or not they will sustain the Executive decision, and stand by all the consequences.

If the claim, asserted on our behalf by an army with banners, to the left bank of the Rio del Norte, on the sea-board, is to be extended upward along the course of that river to its source, a large part of what has been hitherto known and acknowledged as New Mexico, including the city of Santa Fé, will, under the name of Texas, be transferred to our dominion. However desirable such an acquisition of territory may seem, and so distinct a boundary as this great river, it will not comport with the scrupulous regard for the faith of treaties, nor with the respect for the rights of others, which distinguish the Whig party, to lend their sanction to the armed occupation and seizure thereof.

Perhaps, too, the discussion of this point may present as favorable an opportunity as is likely to occur to call public attention to, and invoke an authoritative decision upon, the true construction to be given to that clause of our Constitution which declarés the Senate coördinate with the President in making treaties.

The language of the clause runs thus (Art. II., Sec. 2, Part 2) :

"He [the President,] shall have power by and with the advice and consent of the Senate to make treaties, provided two-thirds of the Senate present, concur," &c. &c.

It has been contended in high quar

ters that in the practical working of the conjoint or coördinate power of the Executive and the Senate, the tendency to Executive encroachment has been constant, though insidious, and that the history of our government for several years, presents an unbroken series of such encroachments. It has been argued, that the relation in which the President stands te the Senate, when acting under the treaty-making power, is essentially different from the other relations prescribed by the Constitution. He has Executive duties to discharge in which the Legislature have no participation-duties, which ordinarily commence when theirs have terminated. Information in his possession, relating to that branch of his public duties, it is his right to communicate to, or withold from Congress, as in his opinion may best subserve the public interest. By the Constitution, also, the exclusive right of nomination to office is given to him, and the Senate are called on only to approve or disapprove. There, too, he acts distinct from the Senate, and possesses a discretion, though perhaps more limited, than with regard to the communication of information. But with the subject of treaties, the case is evidently different. They are to be made, by and with the consent of the Senate. Upon that subject, every step, preliminary as well as final, ought, in the spirit of the Constitution, to be submitted to the Senate.

Such, we repeat, is the interpretation given, not very long ago, by very high authority to this provision of the Constitution, and the contrary practice of conceding to the Executive the preliminary steps in a negotiation, is accounted for on the score of convenience, and by no means as establishing a right.

It is not a light confirmation of this view of the true meaning and spirit of this Constitutional provision, that the first and greatest President of the United States, GEORGE WASHINGTON, before commencing any new negotiation, laid before the Senate the views of the Executive, the instructions proposed to be given to ministers, and all the information in his pos session, and then asked the benefit of their counsel.

In this singular regard to the coördinate rights of the Senate, it is believed that no succeeding President has followed the great example; but if this be the right construction, the case is not likely soon to occur, when more advantageously than now,

it can be re-affirmed and established. For, according to all present appearances and information, the President, antecedent to negotiation, has decided the issue of that concerning which negotiation was to be had; and when diplomatic intercourse with Mexico shall be restored, and the President shall have occasion to ask the consent of the Senate, either to the appointment of ministers to Mexico or to any treaty that may be framed with that country, he will have forestalled both their judgment and action by a sweep of the Executive sword.

This surely must be deemed an "encroachment," even by those who may not dislike the result thus attained, and therefore, we say again, an opportunity is presented under very favorable circumstances, of reviewing and revising, if so it shall be deemed wise, the practice under this provision of the Constitution.

Some subordinate questions connected with Annexation will occasion discussion. Among these is the pretension that officers of the army and navy of Texas shall be transferred with like rank to our service. This seems a claim at once so impudent and so preposterous, that we do not know that it will be seriously urged. If it should be, it will, it is quite safe to assume, be summarily rejected.

At a time when hundreds of our own highly educated and accomplished young army officers, who have not thought it necessary to qualify themselves for true allegiance and conscientious and intelligent service to their own country, by taking up arms in another land and in a quarrel not their own, are eagerly waiting their time to exchange their brevets for commissions and when, in the naval service, midshipmen are growing gray for lack of promotion, and when no degree of past service or present merit can advance an officer a single grade, and when, notwithstanding such discouragements, the applications for warrants are counted by hundreds, not to say thousands, for every vacancy, at such a time to propose to incorporate with our military and naval corps, composed of picked men-educated, intelligent, moral, modest and brave -a promiscuousband of soldiers of fortune, who, looking upon war as a trade, and indifferent in what cause, or in what service, or with or against whom it is waged, so only that the trade flourishes, and its wages are to be duly paid-to poison our gallant and patriotic service with an admixture, on any footing, of such ingredients, were a crime alike against

Honor, Justice and Courtesy. With such a crime, the Whig party can, under no circumstances, have any participation.

It is, however, plain, from the considerations thus hastily enumerated, that although to a certain extent accomplished and irrevocable, Annexation yet presents many questions that will seriously occupy Congress, and that will appeal to the Whigs in particular for their most considerate attention and fearless judgment

The next great issue of the Presidential election, which, it is now insisted, was determined against the Whigs, is the TARIFF. We hold still, as during the contest we held, and without abating one jot, that Protection-direct Protectionis a legitimate object of legislation; and the merit of the existing Tariff in our eyes is, that it is directly, and not merely incidentally Protective. Others may hold a more qualified doctrine on this head; but, deriving ours, both from the justice and necessity of the case, and from the explicit avowal of those who framed the Constitution, and of those who sat in the first Congress under it, that it was designed and desired to lay duties for the encouragement and protection of domestic manufactures, we shall not, even on the ground of expediency, take up with the equivocal phraseology of the day about a tariff for revenue with incidental protection.

According, however, to the manifestations of the party papers, except in Pennsylvania, even incidental protection is now to be denounced and renounced, and the favorite theorem of the ultra free-trader is to be adopted, that revenue, and revenue only, is the legitimate object of a tariff, and that, if there be any discrimination, it should be against, and not in favor of, articles produced or manufactured at home.

While writing these remarks there are indications that Pennsylvania-whose interests in coal and iron made and keep her a Tariff State, and who voted for Mr. Polk upon assurances; who was credulous enough to believe that he was a tariff man-is becoming alarmed at the signs of the times; and meetings are in progress, affirming that the undivided voice of the State is against any interference with, or disturbance of, the existing tariff.

To these manifestations, it may be found politic to yield; and if so, it will be easy enough, on the score of the increased expenditure rendered necessary by the military and naval movements in Texas and the Gulf of Mexico and by