The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-27
Y an act which I believe is now pending in the


er not responsible for the whole of the debts of
that countIy or, il distinction can be made how far
responsible Sir, will be recollected by those
who participated in the deliberations of this body al the
time OF the annexation of Texas, that opinion was
expressed in some quarters that the result of that
annexation would be to cast upon the United States all
those debts never entertained that view but was
entertained by lawyers OF the highest standing this
body CONCEIVE il to be my duty now to call the aen
which responsibility for the debts of Texas is based
uded the other day in Us course Of my remarks-that
this government succeeding the government of Texas,
Or TO express myself differently the republic Of Texas
having been absorbed by this republic all the debts of
that country would Of course fall its successor In
relation to this point sir, submitted the other day. very
concisely. my own view 1t was this: That the prn-
cipe upon which this opinion rests-the opinion that we
should become responsible for these dehtswas appca-
BILE only to case where the sovereignty of indebted
State was extingushed went on to remark that the
annexation of Texas was nothing more than bringing
into this republic member, with all the powers OF
sovereign STATE except 90 far as that sovereignty was
Texas still competent to contract debts, still
peten to provide revenue and retaining TO herself
every power connected with the claim now before
you. The restrictions upon her sovereignty with respect
treaties with foreign powers has bearing upon this,
sir. The States OF this Union. having exercised this
power have been left in the full enjoyment Of their
eignty in this particular, without exception from tho
formation OF the constitution to the present day.. Yer
mont, for instance an independent State, having
asserted her independence and maintained it. in fact for
some twenty years previous to her admission This is
all that thought necessary to say sir upon this ground
The honorable senator from Maryland [Mr. JOHN
SON. in the remarks which he submitted to the Senate at
the last session. put this liability upon another ground
that Texas had pledged her revenue-that lien was
created upon her income and that by the annexation the
revenues of Texas having been transferred to some ex
these Sates the United States to be consider
ed having taken the thing pledged. and OF course
having taken it subject to the pledge
was proceeding to remark the other day, sir, when
yielded the floor that in my Judgment this tran Transaction
pies applicable to an ordinary legal pledge are not in my
humble opinions applicable at all to the question before
u.s. proceeded to remark then, and repeat now that
the principle appicabs to legal pledge can apply no
WHERE except where there is subject to which
the principle applies and upon which it can be pedca
ted 1t must be such subject is susceptible of pos
session It is well established rule, that possession is
Indispensable to delivery; 1t is established rule.
possession Of the thing claimed is surrender in law.
Well, sir, the next inquiry is, this be pledge, what
is the subjecmater OF mat pledge Is It susceptible Ct
of the application OF any of the legal rules upon this sub
ject to it Why, sir, when come to look upon the
exas ypedSes her honos and her W SIR
her honor, trust, we have not taken away and her
revenue have not taken. But sir, what is the char
king. It is pledge Of the honor OF Texas to apply
her revenue faithfully to the extngushment OF this"
debt 1t 60 no further II no pledge Of the power Of
Imports because the proceeds OF her imports not in
existence at the time What, then. is the. pledge'
But sir what the effect Of this pledge upon Texas
herself Did il limit the sovereign power of this State
respect to the regulation OF its revenues or in respect
TO the ordinary legislative power of modifying her inan
cia system Did it tie that State down 10 any existing
system of which happened to be in existence at
it left Texas in the exercise of her own discretion as
the manner in which the revenue should be levied and
the in which she was to provide for her State
obligations.
We'll, sir what is the effect Of annexation! By coming
into the Unon Texas yielded the power OF raising reve-
nue. in particular manner Ii you please, one source
inf Wa x
as was left in the condition of every member Of this
Unono resort to other sources OF revenue in lieu of
tanned to herself the powershe retained to herself the
sources OF revenue. with single exception: I,
Well ST. II Texas mas entered ;n'o 40 Gogauon WIN
does follow that she is not bound to resort to other
modes of raising for the payment Of those debtss
and does it follow that in consequence of this act by
which she becomes member Of this Union, and reln-
pushes her power Of evying mposts-does it follow
that the United States become responsible for the debts OF
that repubc simply because she has compelled her to
provide for those debts by other mode than the
mode intended! II is said that we have taken from her
the power raise a revenue by impOsts. 1t is uebut
it that the power Of that government to raise
revenue has been taken from her. The power in this
government to raise revenue BY the way OF imposf IS
Texas was exercised for the benefit OF that State alone
o Ssns 81 hs BE- made
bear unequay for the benefit or the injury OF any par
ticular State.
The result OF the whole matter Mr. PRESIDENT, is tnls
Texas pledges her faith to apply her bona de
to the extinction of her debt resevng to herself the con-
troll of her financial system, and reservng to herself
which to her may seem fit IT, therefore, she has made
contract, hand, to satisfy the debts, and made
contract the other hand not to satisfy them IN par
ticular manner there other ways lett to them by
which to redeem their pledge They may raise the means
from the public lands internal taxation, or any and every
source of revenue to which the States of this Union
resort
But sir there is another view OF this subject Ii may
beindeed such idea suggested BY the report OF the
commitee-that by the arrangement, by the force OF
which her power to levy imposts has been surrendered
her resources have been diminished. Now, sir, let
look at that for All these pledges for
exisence-of national defence. No Statc by pledging
its revenue be regarded having surrendered the
means of sustaining civil institutions, OF protecting
itself foreign relations The pledge, then, from the
nature of the must be nothing than 10 apply
such of her revenue was not required for necessary
existence and present protection the exngushment of
those debts. Well, sir what have done! This
pledge-as evidenced by the security given to these petit
toneswass subject to the qualification that her
must be applied the first instance, to her national
cessities She then engaged in prose-
cuted by her under the greatest disadvantage, IN a
contest which, il not hopeless, doubtful think.
stood going no further than what have described
"a pledge in reality, Of all the surplus OF her revenue.
after meeting the exgences of the State Well sr' py
placing herself in this Union by transferring 70 US the
duty OF protection, Texas relieved herself OF all dipo-
matte, military, and naval expenses AS consideration
for having thus relieved herself from this expenditure,
she yields the power OF raising revenue py impos's