Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-06-24

is controversy in which the United States is party
which brngsit within the scope of the judicial power
and here is controversy in which State is party,
which gives original jurisdiction the Supreme Court
entertain, then, no doubt, Mr. President, as to the
right ofthe United States to 90 into the Supreme Court
| Tor the purpose Of settling this controversy But L
should that done with great reluctance until oher
means had been tried in van Emphatlcally, SIR, hls
is political question and it is always desirable II we
avoid it, to relieve the judiciary rom the decision
of such questions 1t is otincacuable importance 10
preserve that department in its purty-apart from po-
| tcal controversies and the feelings they are too apt
TO generate | would prefer, therefore, the adoption
OF any other mode by which the controversy could be
settled consistently with the rights OF the respective par
ties and equally calculated to produce peace and hamo
nvin the country Besides political question it
would have to be decided with reference to political
Judging such case it must look to the action ofthose
other departments ofthe government which are charged
with its political relations. Then in deciding the ques-
ton OF the limits OF the State OF Texas Twill be neces,
sary for the Supreme Court to go through the political
history of this transaction ascertain the views taken
upon this subject by the legislative and executive de-
partments ofthe government.
1t seems to me, sir, it would be very singular certain
w would be very unfortunate if we, in the exercise of
our legislative powers, familiar we with the poll
teal history of this transaction in which most of us
have been actors cannot devise mode by which sa-
tisacory settlement of it can be accomplished In my
Judgment sir that mode is provided in the section of
this bill which is now under consideration. 1t proposes
have this settled upon principles which Texas
shall acknowledge be equitable and Just by her assent
to the terms of the adjustment. 1t to me that
have the constitutional power to do this, the con-
sideratons which recommend it are unanswerabe.
Then the only question is, have that power! 1t is
said in the course of this debate that you cannot go
into State and purchase portion Of her territory
Mr. President, that is Petito principi To authorize
that objection you must first prove that the territory
posed to be purchased part of the State of Texas
Is the territory which it is proposed that Texas
shall cede part of that State? In my judgment,
It'll in the judgment OF other senator's it is but in the
md IF 10 is a
ded question: question upon which the State of Texas
may without being subjected to dispute. 1t is
res adjudicata it is questio Uerata and it is for the
purpose OF relieving it from that vexaton and this
troversy, that this proposal IS to be made.
Why, sir, the government has at all times exercised
this power. referred the other day to the cesson made
by the State of Georgia 1t is utterly impossible 10 de-
ny the analogy between the two cases. The State of
Georgia, as then said, claimed territory extending
from the Atlantic to the Mississippi; The United
States claimed the INDICATED lands within the limits OF
Georgia. the principle asserted by many ofthe States,
that these wrested from Great Britain by the
joint efforts of all the States they ought to nure to the
benefit of all Aterritoral government was establish
ed by the United States of the Chatahoochee river
Georgia maintained her claim Texas is now doing
An act of Congress passed which provided Tor the
settlement OF these conflicting claims. Georgia assent
ed to the proposal. Go nmissoners were appointed
der authority of the two governments. Articles of
agreement were executed by which Georgia relnquish
ed all her claim west of the Chatahoochee river now
constituting the States of Alabama and Mississippi,
while those Of the United States east OF that river
rellnquisEed to Georgia. No question has been
raised as TO the propriety OF that cesson; Georgia
claimed, as Texas does now, an extent OF Territory to
which the United States also preferred claim She
asserted tEa her boundaries clearly defined in the
Royal Charter, which extended them to the South Sea.
Texas rests upon her own declaration OF boundary,
made in her convention repeated in the face OF Mexi
co, when she armed to maintain it, and notified to
the United States when, by the act OF annexation, she
yielded her sovereign power OF war and embassy. The
United States asserted what may, perhaps in the Geor-
hava a nj
that the INDICATED territory in the several States should
be divided between all the people OF the Unon and
Georgia, other States have done in the spirit Of pa
trotsm, acquesced in the REIMBURSEMENT OF her claim
to that territory for considerations which were very mi
nor, when compared with the extent Of territory ceded
Apart from motives of patriotism, and the example Of
her sister States, the chief nducement to the
sion by Georgia was the stipulation by the United
States to extngush at her expense, the Indian IL
tie to all the lands which remained within the limits of
Georgia that is those lying east of the Chatahoochee
river That the only really valuable consideration
given by the United States for the cesson.
Now sir, the question Unconstitutional power which
was exerted in this case has never been denied There
were conflicting claims in that case, in this, and the
parties had the same and no greater power to adjust
them. On the question OF power, then, cannot enter
tain doubt Ii the question OF power be established,
there are strong motives to its exercise in the present
condition OF the country do not apprehend the degree
of danger which other believe to exist. do
fear the dissolution OF this Unon anything like civil
commoton; do believe that this bill, pass in what
form you may will settle the existing controversy and
restore that harmony which is so desirable in govern
ment like ours; but it commends itself to
sure OF peace which may, to certain extent exercise
beneficial influence over the public mind. But, sir, the
essential provision of the bill is that of which l am
speaking Iyou strike that from the bill you leave the
boundary between Texas and New Mexico open and
unsettled, and that which intended peace-of-
tering will become an incentive to discord.
Mr. President, am not deferred by the appre hem
sion suggested by some gentlemen, that the agitang
question of slavery to be affected by this provision
and untavoraby to the South. | here Il hope |
need not say with disposition to guard that important
right of my constituents to the utmost of my ability;
certainly without any disposition to yield in any
tia particular, any portion of their rights. But |
lar from believing that do so by advocating this pro-
vision. shall not enter into the question OF the ope
ration OF the Mexican laws all that has been sufficiently
discussed The apprehension is, that the territory north
of the boundary line which has been assigned to Texas
and which is to be transferred to the United States, will
become part of New Mexico and that that slave ter
rtory may become free-sol. Sir, we to consider
that the bill contains prohibition OF slavery in the
Territories that attempt to introduce it has been put
down by dec isve fear its repetition this
Congress; and that the power of future Congress could
not be restrained by any action OF ours, while these ter
rtorial governments exist.
Sir there is another consideration operating upon my
mind Even could entertain the apprehension that
future Congress, in the wantonness OF power, would
prohibit slavery where it is now allowed would still
believe that was advocating the best interests of the
South in sustaining this proposition. Ii Texas assents
to it, she must do it under the conviction that her nte
rests will be promoted by Sheis destined to become
one of the most powerful of the saveholdng States
believe the great interests of the South will be mach
more essentially advanced by relieving her from the in
cumbrance of that debt which she has incurred in the
achievement of her independence, thus allowing her to
develop her energies, and take promptly that position
which she destined to hold among her sister States of
the South than possibly result to her to them by
preserving four degrees of latitude from an Introduction
of slavery if successors, departing from the faith
upon which this bill will have been enacted, shall i'm
pose it.
hope I am understood now. l desire to explain my
views upon this subject with perfect frankness and es-
peciay my own constituents believe that southern
interests will be most efeeually promoted by giving
strength "a, and vgor to southern States believe that
vast and undeveoped resources is prevented from adj
vancing in career of unexamped prosperity by her fs
cal embarrassmens | am willing, therefore, in con-
what shall be considered fair equivalent for the terri
tory proposed to be ceded and for equitable
liability under the resolutions If tal,a