The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-21
CONGRESSIONAL.
REMARKS os MIR. ~ RRIEs.
OF GEORGIA.

Oh GEORGiA,
On the motion by Mr. Iurney 70 strike ogt te s9m sec
hon of le HH for The admission of California, &c;
dsiiuered IN the Senate, Friday, June Ia, 1920
Mr. BERRIEN. Mr. President, have some brief re-.
marks 10 make to the Senate, on the subject now under
consideration, and think The present moment as aplo
pirate as any which may occur. The motion is TO strike
out the whole OF the thirty section OF the Dill
Well sir whatever may be The effect OF this measure IN
restoring peace and thai harmony OF feeling which IS SO
desirable, is quite CERTAIN, pass i 10 any form you
please that ii you dves il OF the provision which IS con-
alned in this section far from aiding in the restora
ton OF harmony through the country, lis result must
be 10 promote dissension furnish occasion for discus
son. to produce excited and angry feelings, and IN the
event 10 draw into question the powers OF the general
Government The object OF this bill is 10 provide gevefn-
men,s for the whole of The Territories acquired from
Mexico First, il is proposed to accept and admit me
State ef California, as Stale, with the boundaries she
has assumed second, 70 establish the Territory OF utah
akng as the southern boundary OF that Territory the d.
vidnp ridge which separates The waters thai flow into the
great basin from those thai fall into the Colorado and the
G,,f of Caorna and then Il proposes that the remain
nr territory acquired by the treaty with Mexico shall
constitute the Territory q New Mexlco WHAT then, is
,he boundary oi New Mexcol u is 10 consist OF The re-
na,ning territory acquired from Mexico Is y the terri
ory living entirely Of the Rio Grande leaving the
claim OF Texas to that which lies the east Of that river
undisurbed or does il include portion OF what was
also formerly New Mexico, lyng within the boundaries
ii the State Of Texas, she has defined them for herself
We know very well thai lheie are two opposite oplnions
upon this subject entertained aid maintained by different
portions THE county, and by dlerent members Of the
Senate and House Of Representatives, which are equally
entitled 10 respect and consideration How them is this
Territory Of New Mexico to be organized Unless its
boundaries previously ascertaned, and unless these
are determined 6y this bill. will not be measure cal
cuaied TO produce dscofd instead OF beIng as y is IN
tended TO be, bill o peace u IS for The purpose OF
avoiding this result that lie provision contained m this
thirty ninth section has heen Inserted BY the committee
Texas asserts her claim 10 all The territory lying east o
the Rio Grande from The mouth OF that river TO It's source
considerable portion OF the American people, and many
representatives III both branches Of the national legsla
lure, deny her title to that extent, asserting that u Is
limited By the eastern and southern boundary OF New
Mexico.if not BY the Nueces. Now, sir, this bill pro-
poses mode BY which that controversy may be settled
in a manner which is consistent with The constitutional
powers of The United STATES and which will certainly be
consistent with the rights OF Texas because the mode oil
settlement is made to depend upon her assent The in.
qury, then. is in the fist place. what are the rights OF
1exas and secondly the constitutional powers 81 the
United States TO authorize be settlement OF the conflicting
claims OF Texas ana The United States the mode pro-
posed by this bill n
1.-The Senate will indulge for brief moment, will
endeayor maintain the proposition which asserted the
other day, in the hurried remarks made when sup
posed that the vote about to be taken do not as
sert that proposition be undeniabe, because II has
been Denied and thai with no small degree Of confidence
but do hold that il can be maintained by process OF
reasoning which is calculated 10 command the attention
Of the Senate assert The validity OF the title oil Texas
from the mouth OF the Rio Gfande 10 lis source main
tain the constitutional power OF this government 10 re-
ceve from Texas cession oi any portion OF the territory
which she claims, and which the United States also
eaim that may be necessary for the adjustment q this
led States, through The medium OF her courts-no by any
legislative actslo have the questions OF boundary set
lied between herself and Texas; but hold that the mode
adjusting this boundary which will most conduce 10
the peace and harmony OF The county, which will DC per-
leey consistent with the constitutional powers oil the
Congress OF the United States and al the same time con-
ent with, and calculated TO advance, every principle
equity and justice IN behalf of the claim OF Texas Is
the Identical proposition contained in this bill
Now, WILL in the first place. express briefly the view
which entertain in regard 10 the rights OF Texas Some
days wh Il nj ~ Was
about 10 be submitted to vote stated briefly my
view upon this subject referring to the opinion which
had b.s anterior 70 1f Il Naoo Of
gesied TO the Senate that this question was now pre-
sented in very different aspect, when the United States
and Texas were parties 10 IT, from that which Il ex-
hbIted when was matter OF contest between Texas
and Mexico, from whom she had separated II is in
Illustration of that proposition that desire to occupy
The attention OF the Senate for few moments
Texas in convention, anterior 10 her annexation TO the
United States, declared her boundary In this she per.
formed no unusual act Every sovereign State has the
nghi-and presume most sovereign States exercise it
OF declaring their legitimate boundaries IL is agreed that
other and foreign States, whose interests may be affected
BY the boundaries which thus asserted not bound
by this dec araion II is very certain that by The mere
boundary extended 10 The Rio GranGe Texas coud moi IN
any degree affect the rights OF Mexico. Nevertheless, il
Was an assertion OF boundary made at an early day, an
eor TO her annexation TO the United states; and that
asserionI ask that may be obseryed-was not con.
hned TO this declaration in convention, but was made
and affirmed with arms in hand in the face OF her
my, aie the battle oi San Jacino. 1t repeated In
what was denominaied the treaty between Texas and
Santa Anna, the Mexican commander n-ohef, and The
President hough not the acting fesdenD oil the Prepub-
he OF Mexico. That document is referred 10, lei me say
70 the Senate. not because as treaty II was ,ad-ior
Is nyaldty manifest It's face and II was, more
over ascerianed by the fact that il negotiated with
acaiain-geneIal no, sri il referred TO for another
and very important purpose namely, TO show that this
early assertion OF boundary by Texas not limited 10
her legislative declaration; ia II made fagrante
bo with in her hands, and in the presence oil her
enemy This was in 1896 The war continued the ar
as suffered TO expire and their hostile relations
Of course re-esablshed Such The slate ol things
wien Texas was incorporated into this Union
adopted, cum oners, with the war which she was
wagng. She then a sovereign State, hav-
ing separated from Mexico she had declared her inde-
pendence had manifested her capacity TO make good
that declaration by force oil arms and had sill these
nthe hands of der soiiery, 10 maintain The independ
ence which she had declared. She was thus armed 10
MAINTAIN her Independence not within llis hm or that
within any imt short o that which, by her solemD
declaration IN convention, she had affirmed 10 be her
boundary Consider this question ~ regard 70 mere mat
ttrs Of private rghtlhe extent % which possession
evidence Of title. IL sou enter into possession u land
without title, you confined 10 the act0a Ped.s posses
ontD and 10 such potion Of The land beyond as may
he absolutely necessary 10 the ENJOY oi that whCn
you occupy; butlf you have lille which defines your
boundaries, your possession coexlensve with the lin
us prescribed BY thai title When, therefore, Iexas was
engaged an war with Mexico for tile establishment o
her independence, II was Or the establishment OF that ms
dependence and throughout The i,mis " The boundary
Vhc hs had declared. Mexico, indeed, was not concu
ded by that declaration; hui all other States dealing with
Texas were bound To lake notice that this was he extent
nj .l