The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-01


December 1885, passed by Texas herself. which have
already noticed.
Bonnycsstle captain OF royal engineers in the British
service, in his work the Spanish dominons in the
Weslern Hemisphere. published in 1919, speaking Of New
Mexico, says;
This country discovered by a missionary in 1881
finally snbdued Ia 1914 and slightly settled by
aries. The Rio Grande del Noe, after course OF 1000
miles uaye,sing the whole length OF New Mexico Goa
hn'ia and New Santande enters the Gulf Of Mexico. In
the Province OF Coahua IL receives the Puerco
Speaking OF the towns, Bonnycastle says:
The capital Of New Mexico is Santa Fe 1t was founded
In 1872 II has population OF $500 sons The other
towns of importance Santa Cruz of $500 souls
and Albuquerque, OF 5000 souls
All these towns. believe, the east side of the
Now, Mr. President. il cannot be presumed that MEM
beers OF Congress, when the resolutions for the
alton Of Texas were aS9Ped were ignorant q what
and OF the contents OF Bonnycastes and other books
relative to New Mexico. With all This information open
gress doth consent that the territory properly included
within and rghully belonging 10 the Republic OF Texas
may be erected into State be called the State OF
Texas, with republican form OF government, &C., in
that the may be admitted OF the States
OF this Union Such is the language of The first resou
ton for the annexation of Texas, And the second
the "suarances' upon which the consent OF Congress
was given in the first resolution, gives the first Of
these conditions in the following words: First said
State to be formed subject TO the adjustment by this
government OF all questions OF boundary that may arise
with other governments" &c. Now, cir in the face OF
these inserted the resolutions s s5 tor annex
lS45 how be contended that the country up the
Rio Grandc annexed Unless the country west OF
the Nueccs and around Sanf Fe was, at the date OF the
utions OF anneyaton-to wit the LIST OF March,
lS43-'popeIy Included within and rghtfully belonged
the State of Texas. there was no consent given that
il should ever be included and admitted a State of this
Union. II Congress intended to give ''guordntee' to
Texas that in future her boundary should be claimed and
insisted on as prescribed 10 The act OF The Texan legs
.y,,r If
and doubt would have been expressly inserted in the
resolutions for annexation The omission to insert any
such guarantee, and the positive insertion Of clause
granting power to the United States TO adjust all ques
tons OF boundary that may arise with other govern
ments and the consent expressed that what property
and righyuy belonged 10 Texas might be formed into
State of this Union, amount TO demonstration that OBJ
legation was imposed on this government 10 contend Tor
the Rio Grande the boundary of Texas In all the
geographical, HISTORICAL and legislative facts to which
have called the attention OF the Senate, find nothing but
condemnation OF the Texan claim
1t has been admitted this floor that Texas had
title to the Santa Re country at the date OF her
the United States, and conended that the action of
this government since that period has conferred the title
which we have acquired by the treaty OF Guadalupe Hi
urged in support OF this position aud 10 dispose OF them
with all possible brevity
1t has been urged that the United States became the
agent and trustee OF Texas after her annexation and that
as SUCH all after acquired title inures TO The and
benefit OF Texas as the cestui que trust. do not admit
that the United States, by the terms and conditions OF
annexation, under any obligation TO Texas 10
quire territory for or TO enlarge the proper and rghY
boundaries OF Texas. concede that The United States
did incur moral obligation 10 secure TO Texas all
the territory properly included within and rghiiuy be
longing to that republic" al the date OF annexation; bot
deny that there word to be found IN the resolutions
of annexation which imposes obligation further nan
that have already shown that the proper and nghttu
boundaries OF Texas were limited by the Nueces the
west and Red river on the north am willing 10 enlarge
her boundaries and to give her the country between the
Nueces and the Rio Grande. But do this in a liberal
spirit and not because she can demand as matter OF
right With that enlargement OF her righul territory
think she ought TO be content
II the United States became the iduciary, bound
TO act for Texas for her enlargement and benefit, why is
she not entitled TO all California and New Mexico
OF the Rio Grande well as those portions OF New
Mexico, Chihuahua, Coahula, and TamauPas, lying
east OF the RIO Grande and which we acquired by the
treaty OF Guadalupe Hidalgo' The gentleman from
MARY land Mr.. PEARcE] stated some days ago that the
Legislature OF Texas passed act extending her cam and
jurisdiction to the Pacific ocean. which was nulihed by
an executive veto This act possessed the validity
as the of 10th December, 1885, purpong extend
her jurisdiction TO the Rio Grande. They were palpabe
utilities.
States aid under obligation as agent trustee, or
hducary-cail II what you pease-to secure to Texas
all territory which properly and nghtuily belonged 10
her But ! cannot discern the shadow OF a principle
upon which be commended that the United States
bound to Texas all the countries which, at any
time in her history, she may have claimed without right
trustee hduclary is, legal principle required to
be faithful TO all the duties devolyed upon him by the trust
and ne cannot make profit to himself out OF the man
agement oil the beyond reasonable
his services II he the money of the cestui que
trust IN the purchase OF estate, equity may consider
him holding the estate purchased Tor the OF the
owner OF the money. But all these principles with
out application the OF the United States and Texas
The United States did not purchase New Mexico with
the money OF Texas The admitted fact that the United
States were under obligations secure Texas her
proper and rghul territory cannot operate prohbi
ton to the purchase oi territory which did belong
to Texas the territory when purchased inio
the property OF Texas testator in his lifetime may
a claim neIRhbOr's lands The
OF the will may purchase these lands with his
4 own money from the nghtful owner, and hold them
without injustice TO the heir or devsee So, II IL
conceded that the United States occupy the attitude OF
executor TO the will Of the defunct republic of Texas
her position such cannot law reason, prevent
from acquiring to her own additional territories
merely because that republic had al time asserted
10th December, 1885, nothing than published
declaration that Texas meant to contend for the Rlo
Grande her boundary, and to conquer up 10 that line
she could She made no such conquest and her deca.
rations on paper therefore utilities.
II has been contended that the resolutions by which
Texas annexed proved that she rghuy posse ssed
territory sufficient, lying north OF % deg 80 min north
latitude, TO form at least State This position rests
upon that part OF the third condition which provides fo
such States may be form ed of that portion of said
territory lying south of 80 deg 80 min north latitude
commonly known the Missouri Compromise line shall
be admitted into the Union with without slavery
the people OF each State asking admission may desire
and in such State States shall be formed out oil
said territory north OF said Missouri Compromise line
slavery or involuntary sevude Except for crime) sha
be prohibited" BY taking this language and separating
IL from the context admit that II furnishes ground foi
a. hiatt n