I9I2.] OF THE UNITED STATES. 403 



expediency or inexpediency of carrying such treaty into effect, or to deter- 

 mine an act thereon as in their judgment may be most conducive to the public 

 good." Annals of Congress, 4th Congress, ist Sess., p. 771. 



Note 6. — To support his proposition that the treaty-making power does 

 not extend to subjects committed to the legislation of Congress, Professor 

 Mikell says : 



" One branch of the treaty-making power itself has gone on record deny- 

 ing this power. In 1844, April 12, a treaty was signed at Washington, be- 

 tween the United States and the Republic of Texas, by which Texas trans- 

 ferred to the United States all its rights of separate and independent sover- 

 eignty and jurisdiction. Three resolutions were introduced by Mr. Benton, 

 May 13. They declared that the ratification of the treaty would be the adop- 

 tion by the United States of the Texan War, and that the treaty-making 

 power of the President and Senate did not include the power of making war, 

 either by declaration or adoption. On June 8, the treaty was rejected by the 

 Senate by a vote of 35 to 16. 



"Immediately preceding the rejection of the treaty a resolution was 

 introduced by Mr. Henderson declaring that ' such annexation would be 

 properly achieved ... by an act of Congress admitting the people of Texas, 

 with defined boundaries, as a new State into the Union.' 



" This course was followed and on March ist, 1845, a joint resolution to 

 that effect was approved." 



This handling and interpretation of the political events accompanying 

 Texan annexation, is extraordmary. The clearly apparent explanation of the 

 actions of the two Houses of Congress, written large in the debates and in 

 American history, lies in the struggle over slavery, which ended in the Civil 

 War. There are, however, several recorded facts which, with detriment to 

 Professor Mikell's argument but in the interests of accuracy, should be added 

 to his account. These are : that Mr. Benton's resolutions did not pass ; that 

 Mr. Henderson's resolution did not pass; that the joint resolution was the 

 work of a new session of Congress held after a new election. 



Note 7. — The first eight amendments to the Constitution are as follows : 



Article I. Congress shall make no law respecting an establishment of 

 religion, or prohibiting the free exercise thereof ; or abridging the freedom 

 of speech, or of the press ; or the right of the people peaceably to assemble, 

 and to petition the government for a redress of grievances. 



Article II. A well-regulated militia being necessary to the security of a 

 free state, the right of the people to keep and bear arms shall not be 

 infringed. 



Article III. No soldier shall, in time of peace, be quartered in any 

 house, without the consent of the owner; nor, in time of war, but in a 

 manner to be prescribed by law. 



Article IV. The right of the people to be secure in their persons 

 houses, papers, and effects, against unreasonable searchers and seizures, shall 

 not be violated ; and no warrants shall issue, but upon probable cause, sup- 

 ported by oath or affirmation, and particularly describing the place to be 

 searched, and the persons or things to be seized. 



