The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-02-02

gardng this 10 be Dc Jeto goyernment aud that. by
temporarily they advised and submit i
for the short period before would again
srtaned by Execative this point contained in
OF the Secretary OF Sates dated the seventh
OF October ss,, which was forwarded for publication"
The governor OF Texas In his message in November
last, communicates the fact to the legislature Of that
Sate that the military commandant at the post of Santa
Re had refused to permit the authorities of Texas to
dicon. claiming himself 10 be the governor, not the
government OF that country Ii is also well known
fact that on the proclamation Of Lieutenant Colonel Bea
convention was assembled at Santa Fe, which organ
lied ateritoral government disregarding the rights Of
Texas ala-g1 t
The President seems to lament that New Mexico had
not formed State government by dismembering Texas
to be admitted into the Union in that form. He ap
pears TO be in favor of intervention to the rights
OF Texas at present, inasmuch as New Mexico did not
adopt the gentle persuasion advice 10 present herself
State, instead Of forming territorial government AT
all events, he expresses the opinion, II that had been
dole the Supreme Court OF the United States would have
Sir, deny the power OF this government 10 dsmember
State, and thus create jurisdiction in the Supreme
Court by making two more States out OF one To ad-
it such principle is not only to give the federal gov
ernmen absolute control the boundary Of any State
In the Union. but e concede power which might bs
consistent with the idea OF sovereignty and in the case
Of Rhode Island and Massachusetts, the Supreme Court
said that each State was sovereign within its bounda-
ernment II is well-receved law since the case OF Ma
bury and Madison, that the original jurisdiction Of the
Supreme Court cannot be enlarged by the legislation Of
Of case between State and Territory A State can
not be sued without its consent in any court and the
States have given no consent TO be arragned before the
Suprsme Court at the suit OF the federal government
The constitution contains such principle and Congress
can confer no such jurisdiction. 39nf
u s difficult to understand how, general principles
the United States can be both party and Judge by settling
this matter in her own courts. What power have her
courts the subject than those OF Texas Tex
as had her boundaries when entirely independent Of the
United Sates and they beyond the jurisdiction Of this
any further than she has placed them under
it BY the articles Of annexation
Sir the right OF Texas has been acknowledged BY all the
departments OF this government in every possible
ner The right Of Texas is the only justification Of the
war with Mexico Il was recognised by Congress- when
i declared that the war existed by the act Of Mexico
American soil, on the banks of the Rio Grande Do
gentlemen mean to back out from that vote, and
hold the country up to the civilized world as guilty Of
of conquest and aggression without cause This
cannot be done without disgracng not only the last ad
minstraon, but the American government and people
accusation made asans. Us BY Mexico during The war a.
The boundary OF Texas was settled between the Uni
ted States and that republic by convention entered into
at Washington, April %, 1898. II recites that
day OF January, 1925 between the United States Of Ame
the part and the United Mexican States the
ns been entered ipto At s lime when Texas formed part
Of said United Mexican States and whereas is deemed
s's
gsrd g the b0Sndsy be hsTsen we hs countries as IS
should be and marked without unnecessary de-
lay" &c. @
Il was then provided that commissioners
Should proceed and mark portion of the said
where that river enters the Gulf Of MEXICO 70 the Red
The treaty with Mexico Of 1928 established the bound-
ary between Mexico and the United States defined by
the treaty with Spain OF 1919, as follows .9r
'sThe boundary line between III. countries of
the Mssissippi sha begin the Gull Of Mexico, the
along the western bank q that river the sd degree Of
ati.dds thence by line due north e the degree Of s,
Ripg; thence liowing the Of the Rio Roxo west
ward 70 the degree Of longitude 100 west from Iondon
River, and running hence by line due north 10 the river
Asksnsas thence following the Of the southern
thence by that parallel Of latitude to the South Sea.
BY solemn treaty, then, between the United States and
The republic Of Texas this boundary + settled L was
act Of Congress Of 1885, which is as follows: Z,
Bsgnniag at the mouth Of the Sabine river and rum
% he o Rio "s s. p
cps stream Of said river to m sources thence due nor, TO
S ssEss %
States and Spain TO the beginning And that the President
4 re- q .s ss ssX
dssss Ss boundary line :sssS
II s therefore apparent that the convention OF 1888 had
express reference the Texas OF boundary OF 1896,
and was intended specific and entire recognition Of
her boundary the east and norh as had previously
existed with Spain and Mexico t ~.
So far as the United States concerned. Texas requires
higher settlement OF her boundary than this conven
ton, thus ratified by all the departments OF her govern
ment According TO the decisions Of the Supreme Court
OF the United States, when two governments once agree
upon boundary line. ii is conclusive both upon the gov
efnments and the people Such is the doctrine OF the
cent cases Of Pool and Feege and OF Massachusetts, and
Rhode Island. -
Il was evidently the intention Of the joint resolutions
Of annexation to admit Texas with the boundary as
claimed by herself, They declare
THAT Congress doth consent that the territory properly
included within, and rghnlly belonging to- the republic
OF Texas, may be created into new State" &c.
1t further provides;. f ~
"New 5atss Of convenient size, not exceeding four In
NUMBER In addition said state OF Texas, and having
sufficient population. may hereafter by the consent Of said
State be formed ont of the territory hcreof which shall be
entitled admission nnder the provisions OF the federal
portion Of said territory lying south Of 8 deg 30 min north
latitude, commonly known ne the missouri compromise
line shall be admiftsd into the Union with or without
slavery people Of each State asking admission into
the Union may desire And in sch State or States ss shall
be formed out of said territory sovh Of said
Ss line. s.,ss y e sy"d' '1o'p' '''
On the boundary Of Texas, the only limit placed was
the following: VIZ
Said State TO be formed subject 70 the adjustment by
this Of all questions of boundary that may
arise with other governments"
These provisions are to be constructed together and
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