The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-24

what it claimed by recognizing SO much OF
that claim as related to the former western
boundary between herself and Mexico. She
received Texas into the Union with known
and declared claim to the whole of the Rio
Grande as her western limit, and from that
moment became bound to relinquish that ter
rtory to Texas in the event that she should
make it good against Mexico, She was
thus bound, because she then became the
agent through whom alone the rights and
claims of Texas could be maintained as
against foreign power. Our. President,
Mr.. Polk, in reply to the Governor Of Texas,
acknowledged the right of Texas to the
country, and excused his military possession
on account Of the necessities Of war. A map
was made part of the treaty of peace with
Mexico, and that map recognized the Rio
Grande as the western boundary of Texas.
In every way in which it could be done, the
title of Texas has been recognized by our
Government. Especially did this Govern
ment recognize it in the declaration Of war
with Mexico. We justified that war upon
the ground that Texas had claimed, and
justly claimed, this territory on the Rio
Grande. 1t was said that American blood
had been shed upon American soil; and
if it was, then Texas had as good claim at
the source Of the Rio Grande as at the
mouth. 1t is true, she did not enjoy The
actual possession, the ''pedis positio,' any
where along that line, but it was upon her
claim to this that we justified the war with
Mexico. And can we turn about now, and
set up the claim of Mexico against Texas
Can we acknowledge before. the world that
we entered into this war without good cause,
and attempted to justify it by a falsehood
Can we thus recall our own admissions, our
own recorded acknowledgment of the title
Of Texas, in the hope Of gaining some adj
vantage by it, What has our own Supreme
Court decided in similar instance What
is the dictum Of Judge Marshall in relation
to this very question He says in the case
Of Porter & Elan vs.. Nelson, 2 Peters,
3O9:
after these acts of sovereign power over
the territory in dispute, asserting the American
construction of the treaty by which the Govern
ment claims it, to maintain the opposite construc-
ton in its own courts would certainly be an
anomaly in the history and practice of nations
-
the foreign intercourse of the nation, which as
sert and maintain its interest against foreign
Powers, have unequivocally asserted its right of
dominion over country of which it is in pos
session, and which it claims under a treaty; if
the Legislature has acted on the construction
thus asserted it is not in its courts shat this con-
structon is to be denied" .sF sg.gr fs
But, sir, it is said that the United States is
not to be precuded, on, account of being the
agent in making this acquisition for Texas, be-
cause it is the agent for the other States also,
and Texas would thus get larger share than
she was entitled to. 1t is to be remembered
that if Texas gets more than other States, she
Tisked more. Mexico claimed the whole of
Texas to the Sabine. Suppose the cases had
been reyersed-that Mexico had been strong
and we weak, and we had gone into such a
quarrel It might have resulted that Texas
would have lost all. And if, on the other hand
Texas having staked more, she gains more, is it
not a fair compensation for that risk
f. But hold that we are precluded by our oWsf
acts from disputing the authority of Texas now,
and hold that it is always the wisest and the
best course, where there is a dispute as to boun-
dairy between this Government and State,
unless the case be one of fragrant wrong, for
the Government to yield to the State; for there
is no common arbiter between them, and pro-
test agains the doctrine that the Supreme Court
can try a title between a sovereign State and the
Confederacy. There is no common arbiter
and no way to settle it except by some mode
agreed upon between the parties. 1t would be
far wiser and more prudent, in such instances,
for the United States to yield and give up the
territory. But sir, in this case the United States
is forced by her own avowals, by her own COM
initials, to admit the right of Texas, and how
would she stand on the page of history if she
were to be presented as in one breath disputing
the title of Texas, huckstering to lower her de-
mands, and then offering money to purchase this
titles Sir, sach precedent as that would have
an unseemly appearance upon the records of a
great nation. But we are told that the people
there are reluctant to live under the government
of Texas, and that we should have difficulties
from that sourse There is more than one mode
Of escaping that difficulty, without ceding away
one hundred and twenty thousand square miles
of land belonging to Texas. But is there in
point of fact, any reason to believe that the peo-
pie would not be satisfied under the government
Of Texas? If it had been asserted by every
body, in all the departments of the Governments,
that the title of Texas was good, is there not
sufficient reasonto suppose that the people would
have been reeonciled to it. There may have
flee there, who wished either to sustain them
selves in, or, to secure office who would have
been dissatisfied; but believe the main body of
the people would have been oontented. Now,
it seems to me there are two ways OF settling
this question without the opposition of the in
habitants. In one way the South will retain the
power and Importance to which it is entitled, if
slave States are made out of the whole of Tex
as; in the other mode they may, and perhaps
will lose this opportunity for increasing their
political importance. believe that the terri
tory of Texas furnishes the only means by
which the South can probably increase in po-
litical power, and believe she is bound by every
consideration Of prudence, Of self protection,
and self-defenee, to hold on to all the political
power she has, In the other way it is to be
settled and settled peaceably, acknowledge
but by taking from the South this and the only
chance which she has for increasing her weight
in the Confederacy. ..I -. .-.-r..
But, Mr.. President, we are told the South
ought to take this because it is the best thing
thpv do haco,co II rdc NJ 10, fbo obopcn