Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-22

cannot escape i-at least not how and state Gov
eminent, Government, except that which they now
have, better than attempt Territorial Government
with the obstacle of the Wilmot proviso
But here all comparison f comparison il mIy be caed)
between the recommendation of the EIecuvePnd the plan
of the committee ends From this pontthe commit
tee starts alone from this point none can say Up plan OF the
committee has rival its defeat It's gty or shame
is all its II announced grea pachcator,
having healing in its influence, throwing oil uponne troubled
waerss Ay, sir is not the first time that the performance
has not come to the promise it Is not the h time that
the play has not equalled the BILL This plan Of be commit
tee, its first step towards restoring harmony at aaying
excitement leaves they themselves say, the queon OF sa-
very in the Tertoreshe very seat Of disorder I'D conu-
behind it. II advancesin the doin Of dis
cord for further conqaests in behalf Of harmony ng the
enenched camp of its enemy in the rear My gfat ohec
ton to this scheme is that while il called COMPROMISE of
all conflicting questions, it in fact will hnaiy se little,
and compromise that will not accomplish wht affects
accomplish and that there is consideration adAuate to
the sacrifice the North is called upon to make
Now permit approach the first question which the
committee deals with, its own pan and that NE set
Element of the boundary Of Texas There Is mud com
plant now made that the plan OF the Executive administers
no remedy for this evil. Why, what the Executive to
do 1t called tho attention Of Congress to the settlement Of
this question. Was the Executive to run lines to make
propositions It could not do that II did the Little that
was necessary should do, by asking the attention Of Con-
gress the subject But this matter Of the boundary
line of Texas has become important said because, in
addition other chances its settlement will avert civil war
Why, sir, this startling announcement sad addition
all the other evils which to cluster around The
country, take il, scarcely prepared for so unexpected
and startling development. civil var II is very i'm
porian if correct in point of fact and it will much to
enhance in the public eye the value OF this grand scheme OF
compromise. On what facts does il assume that dv war
will be averted cannot presume that Texas-ore OF the
law-lovng States Of this Unionwl attempt for one
ment to enforce doubtful claim Of jurisdiction by AIMS It
she do So however brave her czens-and needed not
the ntimaon Of her Senator to know that- take for
granted she will /" find lion in her path.
The constitution devoves the duty Of protecting the Terri
tories upon the General Government which owns them; and
il is obligation which, have doubt would be promptly
But respect Texas fobds the idea of an attempt by
her at violence upon such question mere question civil
right and civil Jurisdictions tor the full settlement of which
the constitution Of the United States provides fit and pro-
per arbiter suppose by civil war meant something
like the which recently broke out in the streets OF Santa
Fefomented, The newspapers say by Texan soldier
attached that portion of the army stationed there This
promptly suppressed seems, by military force then
upon the spot At all events, cannot be made by one
solitary man. three hundred miles least from any one
support his claim. And that is exactly the condition of
things between New Mexico and the Texan commissioner
at Santa Fe. This question will ultimately be decided,
trust, by our judicial tribunals
Mr.. HOUSTON. Never! Never
Mr.. DAYTON. Never Sir does the Senator from
Texas say never By what right ask l. the State Of
Texas than of the sovereign States Of this Union
hold in my hand the constitution Of the United States,
which says that only upon all controversies between
the States but Gin all controversies to which the United
States is party, the Supreme Court shall have Jurisdiction
And, pray sir, why may not the Supreme Court well
settle the boundary Of Texas the boundary between Mas
sachusets and Rhode Island and the boundary between Mas
sachuses and Connecticut and the boundary between New
York York and New Jersey and the boundary between Dea
ware and New Jersey, and the boundary between half
dozen other States Of this Unon involving much in point
value and Of interest the boundary between Texas and
New Mexico Why that Texas alone override the
constitution The question Of State boundaries was one of
those very questions for the settlement Of Supreme
Judiciary provided and yet the Senator before
Sir there is hardly old State Of the Union whose
boundary has time been settled or questioned in
this way Why, then, ask again. with all respect to
Texas that that State alone, almost the last Of the sister
hood is to ride roughshod the constitution Why not
submit to the common arbiter s~. &
Mr.. RUSK will answer the question.
Mr. HOUSTON. 1t can be answered at the proper time,
when the Senator has got through.
Mr. RUsK thought, perhaps, the Senator desired an
answer now. IN
Mr.. DAYTON. ! can anticipate the suggestion which
the honorable Senator would make and in the course OF my
remarks may attempt to answer IT, Butt viii proceed IN
reference TO the point in hand The Senator from Massachu
sets, (Mr WEBSTER, well the Senator from Georgia,
BERRIES have already expressed the opinion that the
Supreme Court has jurisdiction Of the question while New
Mexico yet Territory, and in that opinion concur though
without upon my part much examination this be So Ills not
necessary await the tay action of New Mexico the
door open the test be applied yet this plan OF
the committee proposes to pay millions Tor the claim
title Of Texas that part of New Mexico east OF the Rio
Grande Now the wisdom Of buying ltgang title always
depends much upon your estimate Of its strength beg
therefore, to look little into this question Of the Texan
title. Our friends from Texas observe are warm on this
question they get excited, and can hardly see how any
person honestly differ with them. They think that were
il not for this question Of eeso, man would have any
doubt about the Texan title It is needless 10 argue in that
way because may that not for their slave
prepossesons could doubt the title OF New Mexico to
Der soil and when have thus recminaed, the argument
balanced and neither has advanced step suppose that
the judgments Of all liable to be operated upon indirectly
with the best possible intentions and permit me to say
the Senators from Texas that they in especial
degree liable these indirect influences for in addition to
the general question of slavery they represent the very State
claiming title they parties to the record trust there
fore, they will extend little charity when we perchance
differ in Judgment admit cheerfuy, that the honorable
Senator Mr RusK in the speech which he delivered the
other day. made the best of the scany materials which
the title of Texas is founded
But sir that title New Mexico bad il is unsustained
by any principle which can apply such question 1t is
just those cases. where question between
and man. and should be asked by client in behalf Of New
Mexico what he should do would say to him the thing is
yours-pay much only the expense and vexaton Of
lawsuit would be worth seek for another title, is literally
to abandon the substance and look for the shadow.
But to the title. How has Texas herself regarded it Has
she in her sovereign capacity claimed or dsclaimed il
According to my understanding Of the past history Of her
legislation, she herself has utterly dscamed all title to New
Mexico am not now speaking Of the Lower Rio Grande
beg leave to call the attention Of the Senate little
historical political detail
Texas in they 1885, became independent State At
that time she passed laws organize her counties others
to establish her judicial districts others apporton represent
atves in her Congress all parts Of the State but neither
counties, nor DISTRICTS representatives did she give TO New
Mexico, though that population If owned by Texas
at that time than the population Of Texas herself So
can ascertain, she in any Of her laws within
hundreds Of miles Of the New Mexican line. At that time