The southern press., 1850-10-07

from the course which my sense of duty requires
me to pursue He must take the consequences Of
his own act; of mine.
When the gentleman from New York (Mr
ClARgE) addressed the House the other day, he
likened Texas to the Spanish robber, who places
his hat in the road and calls upon the wayfaring
man in the name Of the Holy Virgin to deposit
money in it, pointing long gun at him, and
threatening deaIh in case of refusal. IL well
remarked by the gentleman from Indiana (Mr.
GoRMAN) that the simle was more applicable 10
his friend, the President, In attempting To force
Texas TO part with the territory La this, sir, |
concur; and if Free-soilism be personIfed and
likened unto Satan tempting our Savior on the
Mount by offering $40 900 ,0OO and saying TO her,
"alI thus will give thee, If thou wilt part with
the portion of thy territory which | demand, |"
you will have a full and apt illustration of the
whole scene now gong on. trust Texas VIII
say, our Savior did TO Satan, ''get thee hence,
and exhibit that fortitude and herolsm which she
has heretofore displayed under the most trying
circumstances Notwithstanding the threatening at
ttude Of the President. Should she do this, she
will exhibit moral spectacle that Will cover her
with impershable glory.
Sir the conduct Of The President In this matter
seems TO me 10 be most extraordinary in his
messageto to Congress he says, by the Constitution
of the United States the President is constituted
Commander-in- Chief of the Army and Navy, az
of the mil tia OF the several States, when called
into actual service of the Unuted States, and re-
quired to see that The laws be executed. That
Congress has the power To provide for calling forth
the l..ila for executing the laws, and that suIia-
bic laws have been pas ed for calling forth the
militia and placing other suitable means in the
hands OF lhe President for the discharge OF his
duties, and ret, RS to the I'd section o the act of
the 2Sth of February, 1895, and TO the act of
March, 1907. The 2l section OF the act of 1895,
provides, that whenever the laws or the United
States shall be opposed, or the execution thereof
obstructed IN any State by combinations too pow
erfil to be suppressed by the ordinary course of
judicial proceedings, or by the power vested IN
the marshals by that act, which, by the 9ih Sec
tion of the said act, is the same as that of the
sheris of the several States, and their deputies IN
executing the laws Of the respective S'aies, the
President may call forth the militia of such State,
or OF anv State States necessary to suppress
such combnations, and TO cause the laws To be
executed. The act of 1907 merely authorizes the
employment Of the military and naval force of
the United States in cases Of insurreotion or OBJ
sruction to the laws of the United States, or of
any individual State or Territory where it is law
fuI Tor the President TO call forth the militia for
like purposes under the act of 1895 The Presi-
dem then usurpngy and erroneousy decides
what he had no right to decide, and what Con-
gress alone or, perhaps, the Judiciary can decide,
that the portion OF New Mexico east Of the Rio
Grande does not beongeto Texas, but to the
United States; and although Congress has passed
no law for said territory, yet the treaty with Mex
leo is law of the United States extending over it,
which it is his duty to execute; the Och article of
which provides that MeXi ans who shall remain
in The ceded territories, and do not elect to be con-
sdered citizens of Mexico within the limited Pc
rod, shall be incorporated into the Union, md be
| admitted at the proper time, (to be judged OF by
Congress,) to the enjoyment of all the rights of
cfizens of the United States, according to the
principles Of the Constitutions; and in the mean
time shall be maintained and protected IN the free
enjoyment Of their liberty and property, and Sc
cured in the free exercise Of their religion without
restriction If the President was right IN suppos-
ing the disputed territory does not belong to
Texas, he ID nevertheless guilty Of palpahe er-
ror in supposng that to extend the jurisdiction OF
Texas over the territory, according to the limits
defined by her Legislature IN December, 1886,
would be a violation of our treaty with Mexico.
1t would not deprive them of their liberty, pro-
pery or the enjoyment fther religion, but be ad-
mting them to the full enjoyment OF all the rights
of citizens of the United States as stipulated IN
the treaty in the earliest and most etfectual man
ner
The President is also wrong in supposing that
the acts to which he refers were ever designed to
authorize the employment of the military force of
the United States against one OF the sovereign
States of the Union But he is wrong in decar-
inr that Texas is not entitled to all the territory
east of the Rio Grande within her asserted limits.
| Her history shows the Rio Grande was the line to
which both she and Mexico looked as the boun-
darv of Texas In the arrangement entered into
! between General Cos on the part of Mexico, and
General Burleson on the part of Texas, the Rio
! Grande was made the boundary In the treaty
made with Santa Anna and Filisoa and others,
| after the battle of San Jaclnto, the Rio Grande
| was in the clearest and most uDequivocal manner,
made the boundary ofTexas, Which treaty though
not ratified in due form by Mexico, ennred 10 her
benefit, and the moral sentiment of every civ ,lized
and honorable community must regard her as NOR
| ally bound by it. General Woil, IN procaina-
ton issued by him, distinctly recognizes the claim
of Texas to the Rio Grande After these acts OF
! Mexican functionaries, including the President,
she defined her boundary by the Rio Grante by
! an act of Congress, in December, 1886.
! These historical events were enough surely, to
give notice to all the world--at any rate, to the
United States and other powers that acknowledged
her independence and formed treaties with her
that she claimed the Rio Grande as her boundary.
And in view of this claim disputed by no other
power whatever but Mexico, whose government
Notwithstanding the stipulations already referred
to, continued to caim The balance of Texas as
w Il as New Mexico east of the Rio Grande, un-
ill the treaty of Guadalupe Hidalgo, were the
resolutions framed for anneXing Texas TO the
United States, onainng among others, this pro-
vision. "First said State to be formed subject
IN Inc adjustment DV tnS government OF All QueS-
tons of boundary that may arise with other gov
ernments."
President Polk, looking at this connected chain
in support Of the claim Of Texas, aud the reso-
lutons of annexation, did not hesitate to express
the opinion that the territory in question belonged
to Texas, though 1t was matter for the decision
of Congress. Yet our present Free-sol Execu-
tive, dsregarding the rule which prevails in the
Executive Department, of paying at least some
respect TO the acts and opinions of predecessors :
disregarding the salutary example set hy Mr.. JEFF
ferson, in procuring a specific act for taking mill
tpry possession of Louisiana disregarding that
OF General Jackson, in procuring authority from
Congress for the employment of military force
in enforcing the collection of the revenue when
South Carolina was about TO interpose her au-
fhority within her own limits, from an apprehen-
sion that the acts of 1895 and 1907 were insult
icient instead of laying the whole matter before
Congress, md awaiting its action and decision,
as it was his duty to have done under the circum-
stances, he hastens, rashly and inconsideraely
as conceive, to decide the matter against Texas
and to take steps to array the military force Of
the country TO prevent Texas, one fthe sovereign
States, from exercising jurisdiction within her
limits, TO the imminent hazard OF the peace Of the
country and the existence of the Union Be-
lieving, sir, as do, that the position taken by