The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-09

The Slavery q uestion-New Mexico and she
Claim OF Texas.
The treaty of Guadalupe Hidalge, restoring
reace between the United States and the Mexican
republic, has widened the breach between the
North and South. The vast expanse OF the terri
tories acquired, with their invaluable harbors
and mines of precious metals, surprising In rich
ness the fables Of romance, so far from healing
have only aggravated our sectional disputes The
tricks Of clique of defeated politcians-the defec-
ton of Martin Van Buren,, the organization of the
free soil party, and the consequent crusade against
the extension of slavery, have exasperaed the pre-
judicer Of the North to an INSCRIPTIONS hostility,
and have driven the South TO the most desperate
resolutions.
The question at issue is, the exclusion of slavery
by act Of Congress from the new territories. The
North demands the exercise of the power-the
South denies its existence. The difficulty does
not lie in the exclusion of slavery but in the exclu-
slon by act of Congress. The position Of the
South is simple and logical. They assume that
the States are all equal partners in the Union; and
that IN the territories of the Union they all have
equal right-that Congress, as the trustees OF the
copartnership, cannot impair the equality OF the
members-that they cannot pass an act excluding
the citizens of any one State, with their property,
from terriicry, without impairing this equality,
but that such an act is breach Of the copartner-
ship jus,ifying its dissolution. But the govern
ment of a territory being vested in Congress, the
erritory itself has no power Of exclusion. 1t re-
mains open until the territory is admitted a
State; and on assuming the sovereignty Of State,
he people are competent to admit exclude sla-
very al their discretion. Whatever may be the
power of Congress, such Is the position Of the
South. They assume, that to consent to the ap-
pca,ion of the proviso, would be conserving to a
degradation, and that separation is preferable TO
disgrace.
The duty, then, of providing territorial govern
ments for California and New Mexico, becomes a
delicate and perpeIing business. Numerous ex-
pedients have been tried to avoid the direct issue;
but from the obstinate resistance Of the free sellers,
all attempts at compromise have failed The
people Of California, however, are in process OF
settling the question in that territory for them
selves. II may be confidently expected that they
will early, at the next session, present themselves
10 Congress, with the credentials OF State. Con-
press has but to accept their constitution, admit
the State and the question is settled for California
But greater difficulty than the naked proviso
remains to be adjusted in New Mexico. Texas
claims the territory to the Rio Grande. Excepting
a narrow margin Of garden patches on the west
bank, the boundary Of the Rio Grande would give
IL Texas all the habiable territory OF New Mexico,
including Sante Fe, and all the towns for a thou
sand miles along the river, on the eastern side,
with a vast scope Of desert territory extending
north to the Arkansas river, with slip following
the Rio Grande TO Its source, IN latitude AZ. All
this territory Of New Mexico, though claimed by
Texas, was under the government Of Mexico, I'LL
conquered by Gen. Kearny and organized as terri
Tory Of the United States, with the government at
Santa Fe, whichiss, in existence. Thet treaty with
Mexico secured the territory to the United States
The claim Of Texas, then, cannot rect either upon
her settlement conquest, or occupation OF the ter
ritory. President Jones, in calling upon the coun-
TIES Of the State in 1876, TO act upon the resolu-
tons Of annexation, makes no mention Of New
Mexico, or the county Of Santa Fe. Texas, there.
fore has no clam, except in the resolutions Of an
neIation, which, among other things, PROVIDE
1st Said State to be formed subjec, g. the sajast
rent by this government Of all questions " boundary
that may arise with other governments, sc.
ID. New States, Of convenient sise, not exceeding
four in number In addition to said state OF TeI~ and
having sufficient popu sion may hereafter by the con-
sent Of said State be formed cut Of the territory there
Of which sbs be entitled TO admission under the PRO-
visions Of the federal contribution And such States
may be formed out Of that portion u the territory
lying south Of 30 deg 30 min north latitude commonly
known o. the Missouri cnmpromise line, shall be sd-
mtted into the Union with or without slavery a. the
people Of each state sstlug admission may desire And
IN such State States shall be formed out of said
territory north Of sad Missouri promise line sia
very, involuntary servituds, Except for eime)
shall be prohibited.
The government has adjusted the boundary with
Mexico; but the boundaries OF Texas have yet to
be defined. Upon the third Of the conditions Of
annexation, Texas may demand, # not the posses
sion, the oession Of the territory Of New Mexico.
Without il, she has little or no territory north
of ihiry-rI thirty, nor has she territory suf
6cisnt to be cut up into four new States of conye-
pient size, without New Mexico. II is clear, there
fore, that, in the annexation Congress contemplated
the boundary Of the Rio Grande as the boundary
Of Texas ana IN accepting the conditions the State
may demand the line. If Congress had indicated
the line to be the Sierra Nadre, it was the right of
Texas to claim n, and the duty of Congress to
make il good Justice TO Texas requires, then,
that she shoud have the territory; the may hold
she government to the contract Of annexation.
But there will be strong opposition to this claim
m the NEXT Congress. The chances are rather
sgsIntt IL. A convention at Santa Fe petiiioned
the ast Senate against the surrender Of New Nexi-
co 10 Texas. Colonel Benton took sides with the
petitioners, and the present Secretary OF State was
hrs associate, 70 whom the petition was addressed,
bet IL not committed beyond the ground for
con1TTomife TIE views Of the administration