Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-08-30

tend that that possession shall be subject to such
plantations as accompanying circumstances evolve.
The futility of the attempt made by the President
to Justify his contemplated step, by the force of the
act of 1885, in conjunction with the act OF 1877 has
been SO clearly demonstrated by the honorable gen.
man from Georgia. Mr.. Stephens that 1t is unne-
cessary for me to say anything in addition. AS he
we'll and truly remarked, these acts contemplate an
obstruction to the judicial process and repulson of
foreign invasion, the proper occasions ON which
the President should be authorized to call In use the
military authority. We have at present no foreign
invasion we have yet in that country judicial
process to execute. and hence obstruction to its
execution there, is impossibilty. No law OF Con-
gross has yet been passed affecting in anywise the
interests of these people and under this state ofacts
collision between the laws of Texas and the laws
of the United States could possibly occur. But as
on this point the friends of the President have taken
issue, and maintain that treaty stpulations
tantamount to congressional laws. let me bring to
the attention of the House the joint resolution for the
annexation of Texas, which undoubtedly possessed
of the judicial cogency of treaty. do not refer to
these resolutions with the purpose of establish
ing and making good the title in Texas but for an.
other purpose much more to the point. | maintain
that these resolutions contemplate division of all
territory east ofthe Rio Grande into four States
which States are to be established with the consent
of Texas and it is further contemplated that these
new States, when established, by and with the
consent of Texas shall be admitted sisters of the
great American confederation These resolutions do
not indeed partake of the force of civil ordinance
but most assuredy should be entitled to the respect
full consideration of the President of the u States
and am much surprised that when the President
/ and his Cabinet were in deep consultation on the
subject of their duty, it regards New Mexico they
had not at least given to these resolutions passing
notice. am greatly surprised that it never enter
ed into the conception of the Cabinet that State
governments to be established in this country
with the consent of Texas, it the duty of the Ex
ecutve rather to have upheld than to have opposed the
ultimate consummation of these measures under the
direction of her Government This law, the highest,
the greatest the supreme law of the land, empowers
Texas to establish State government this
try. The President of the United States, as
she makes the first demonstration OF her intent to
fulfill the law, to execute the purposes of the high
and solemn compact, steps forward puts himself a.
stride OF her path, and issues his pronuncamento
that he will resist any such fulllment of the law eff
fected by Texas with the whole military authority
of the United States. Who in this is the real
INSTRUCTOR of the law-that party which makes the
attempt takes the niatory step to executs the law
to fulfill the purposes of the compact; or, on the
contrary that which obstructs and prohibits the
ecution of the law?
Sir, charge the President as being the actual
the real volator of the law, and that by the arroga
ton of authority not vested in him by the Constitu
ton the laws and therefore unwarrantaby usurp-
ed Sir, if the peace of the country is destroyed-f
the lurid light of a civil confagration illume our
la whose head the parricidal crime will rest. He
may indeed, like his great Roman prototype, fatter
himself that it is only few rebels that he is pun
ishing" but his experience, the dreful experience of
his country will but too fearfully attest his mistake
On a former occasion stated that contention
between Texas and the United States would inevita-
bly, involve the two great antagonistc interests
North and South. Could any southern State con-
template in peace and quiet the issue of such a
struggle! Would not the subjugatlon OF the State
ho&
Let us suppose for moment e the deed done,' and
what would be the relative situation Of affairs 3
The subjugation of State must be accompanied
with destruction of its republican existence. II
could no longer be considered soverei gn State,
but must occupy the position OF conquered terrific
ry; and what would be the fate of Texas to-day,
according to the principles set forth and arrogated
in this communication might be the doom of any
other State of the Union tomorrow. If the Presi-
dent can without the action of Congress, determine
upon Deftt-ir it 10 If, h;e prescribe
the appropriate orbit in which State is to move,
and to punish any deviation from that circle of mo-
ton by the force of the military authority OF the
Union, what other attribute does he require-would
he stand in need Of to establish consolidated des
potism Understand me, Mr.. Chairman, | lmpute
not to the President any such reasonable design:
but it is my object to hold up to public reprobatlon
the principles avowed in this communication 1t is
my duty to do so, sir. There is much truth in the
aphorism, that the price of liberty is eternal vg
lance Republics in this enlightened age, have
nothing to fear from open aggression but it is the
insdious approach of despotism, under the color OF
law and authority, that should arouse the patriot
from his slumbers.
am well aware, sir, that an attempt has been
made to justify the tenor of this message by compa
ring it with the proclamation of Gen. jackson and
this attempt should impress upon minds tho
great and lively necessity of condemning the pro
mitigation by those in authority of impotic and an
ti-repubcan principles at all times: and under al
circumstances. However well meant that proclama
ton of Gen. Jackson may have been yet it contains
principles anti-republican that if they should ev-
err be adopted and legitimated by the usage of oul
Government the destruction OF our republican lnst
tutions must necessarily ensue. But however obnox
ious in my estimation, of the principles of tina
proclamation may have been yet you will not hnC
there the assumption of any such authority now
claimed by the Executive of the country. What
were the circumstances which elected that prOcla
nation! The sovereign people of South Carolina
regularly assembled in convention, not only declared
the laws of the United States null and void but a
doped the necessary to resist their execu
: ton. Among these measures one eHectng to
tai obstruction of the judicial authority of the Uni
ted States. These heavy pains and penalties were
to be enforced against all of her citizens who nigh
assist in the execution of the judicial process. 1h
was the attitude which the sovereign State OF South
Carolina occupied and it under the heavy sense
. of danger then threatening our Government, tina
. Andrew jackson issued his proclamation. Sir, Ii
there any, even the fantest resemblance be
tween the circumstances of that momentous perloc
and those which surround US Has the Stat
of Texas attempted to obstruct the judicial process
of the United States or to arrest the execution O
any of its laws No, sir the President himself in
forms us that she is but engaged in the establish
ment of a civil government She is really and act
: ually making effort to execute existing law
: the law of annexation and if the Infringement o
1854 o I'd Gkofa Oh no