The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-07

abel Norte as its true boundary - Here, then. in
the delivery of the possession of Louisiana by
Spain TO France, and France to us, Texas is inclu
ded. In the letter of MIR. Madison OF the 9Th July,
1904, he declares the opposition OF Mr.. Jefferson to
the 6 REIMBURSEMENT Of any territory whatever east
ward of the Rio Bravo" In the letter Of James
cuments which he says, "prove incontestaby'' that
! the boundary OF Louisiana is "the Rio Bravo to
| the vest" and Mr.. Pinckncy unites with him in .
similar declaration. In subsequent letter-not 10
foreign government, but to Mr. MadisOn-of the
10th April, 1905 they assert title unquesion-
able In Mr. Monroe shelters, Secretary OF State,
dated January 10, 1916, and June TO- 1916, he says
none could question " our title 10 Texas - and he
| expresses his concurrence in opinion with Jefferson
and Madison, I" that our title TO the Del Norte was
as clear as to the island Of New Orleans" In his
| 18th March, 1873, John Quincy Adams says: "The
claim OF France always did extend weswa ard TO the
Rio Bravo ;" "she always claimed the territory
which you call Texas as being within the limits.
and forming part Of Louisiana" After demon
stratlng title to Texas in this letter. Mr. Adams
says: " Well might Messrs Pinckney and Monroe
write TO NJ Ceyallos, in 1905, that the claim Of the
United States to the boundary Of, the Rio Bravo
was as clear as their right to the island Of New Or
leans" Again, in his letter of the 3lst October,
ISIS, Mr.. Adams says our title to Texas is esta-
bllshed beyond the power of further controversy"
Here, then, by the discovery and occupation OF
Texas, as a part of Louisiana, by LasalIe for
| Frances in 1885; by the delivery Of possession to
us, in lsO3 by Spain and France by the action of
government, from the date Of the treaty Of ac-
QUESTION to the date of the treaty Of surrender,
Savowedy SO on is face y by the opinion OF all our
PRESIDENTS and Ministers connected in any way with
the acquisition, our title to Texas was undoubted
II was surrendered to Spain by the treaty of 1919;
but Mr. Clay maintained, IN his speech OF the Sd
| April, 1920, that territory could not be aenated
merely by treaty; and consequently that, notwth-
standing the treaty, Texas still our own In the
cession of portion of Maine, it was asserted, in
legislative resolutions by Massachusetts and Name,
and conceded by this government, that no portion
| OF Maine could be coded by treaty without the con-
sent Of Maine. Did Texas assent to this treaty, or
can we cede part OF territory but not of State?
| These are grave questions; they raise the point
whether Texas is not now part of our territory,
| and whether her people may not rightfuly
claim the protection of our government and laws
RecoIlect this was not question OF settlement I'M
der the powers OF this government, of disputed
boundary. The treaty declares, respects Texas,
that we "cede to his Catholic majesty" Com.
menting this in his speech before referred to, Mr.
Clay says, It was not question OF the power in case
OF dispute ''ot liking boundary previouslyex
&c 1t was, on the contrary, the case of an avowed
cesson oftertory from the United States TO Spain"
| Although, hen, the government may be competent
| to fix disputed boundary, by ascertaning as nenr
as practicable where It is although, also, State
with the consent OF this government, in the case
of Maine, may cede portion of her territory--yet
| it by no means follows that this government, BY
| treaty, could cede Territory OF the Union. Could
we by treaty cede Florida to Spain especially with
consulting the people of Florida and, if not the
treaty by which Texas was surrendered was, as Mr.
| Clay contended, imperative.
| BY the treaty of 1903 by which, we have seen,
Texas was acquired by us from France, we pledged
our faith to France, and to the people Of Texas, ne
that treaty declares: The inhabitants Of the ceded
territory shall be incorporated in the Union Of the
United States, and admitted soon possible
to the enjoyment of all the rights, advantages, and
immunites of citizens Of the United States; and in
| the mean time they shall be protected in the free
Of sbS their liberty oRey and the Is
France and to the people Of Texas by the treaty OF
purchase and if subsequent treaty of cession TO
Spain was not unconstitutional and invalid, It was
gross infraction OF previous treaty, and Of one
| of the fundamental conditions under which Texas
was acquired.
Here, then, are many grave questions of consttu-
i tiona power Could the solemn guaranty 10 France
and to people Of Texas, be rescinded by a treaty
with Spanl Can this government by its own
mere power surrender any portion Of its territory
Can il cut of territory without the consent OF its
people, and surrender them and the territory TO
foreign powerl Can it expatriate and expel from
the Union its own citizens, who occupy that tern
tory, and change American citizen into citizen
Of Spain or Mexico These momentous ques-
II TONS which is not necessary TO determine
and in regard to which advance at this time no
opinion. Certain, however it IL, that, with the
ry out the solemn pledges of the treaty of 1903,
and admit one or more States from Texas into the
Union.
The question as TO Texas is, in any aspect, aques-
ton Of the re-establshment Of our ancient bounda-
ries and the epossession OF territory most reuct
antly surrendered The surrender Of territory, even
if constitutional, is almost universally nexpedient
and unwise and in any event, when circumstances
NAV seem to demand such surrender the terrific
nv thus abandoned should always be re-acquired
whenever it may be done with justice and proIrie-
y Independent 81 Inc ihese views we nave es she
dent, and Henry Clay, as Secretary Of State, and
also of Gen. Andrew Jackson, as President, and
Martin Van Buren,, as Secretary of State, that Texas
Ia L. IL If.,<v (lnt
of March, 1925, Mr.. Clay I'm conformity with his
own views, and the expresS2re ctions Of Mr. Adams
as President directed letter to Mr.. Poinsett our
Minister at Mexico, instructing him to endeavor to
procure from Mexico transfer TO us OF Texas 10 the
Del Norte In this letter Mr.. Clay says, "the Pre-
sldent wishes you to effect that object" Mr. Clay
adds: "The line Of the Sabine approaches our great
! western mart nearer than could be wished. Per
; haps the Mexican government may not be unwil-
ling to establish that of the Rio Brassos de Dios,
the Rio Colorado, or the Snow Mountains, or
the Rio del Norte, in lieu OF it," Mr. Clay urges,
also, the importance of having entirely within our
limits " the Red river and Arkansas, and their
pective tributary streams
On the 18th. of March, 1927, Mr.. Clay again re-
newed the effort TO procure the cession Of Texas.
In his letter of instruction, OF that date, TO min
lister at Mexico, he says The President has thought
the present might be an auspcious period tor urging
negotiation at Mexico, TO settle the boundary Of
boundary as we deslre the government of the United
States might be disposed TO pay a reasonable pecu-
mary compensation. The boundary we prefer is
that which, beginning at the mouth of the Rio del
Nore in the sea, shall ascend that verto the mouth
of the Rio Puereo thence ascending this river TO its
source, and from its source by line due north to
strike the Arkansas thence following the southern
bank Of the Arkansas to is source, IN latitude as
north and thence by that parallel of latitude to the
South sea- And he adds the treaty may provide
"for the Incorporation Of the inhabitants into the
| Union"
Mr. vaa Buren, in his letter, as Secretary Of State,
| Me cd
saysi III is the wish of the President that you
| should without delay, open a negotiation with the
| Mexican government for the purchase OF 70 much
of the province OF Texas as described"
He il induced, by deep conviction o: the real
cessity ofhe proposed acquisition not only guard
for our western frontier and the protection Of New
Oreaps but also forever to the inhabitants
Of the valley of the Mississippi the andiputed and