The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-07

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deoart.nents OF The Governments of the United
Stdies and Texas. But it has been sufficiently
shown that Colonel Munroe could have had no
such object, aud that his intention was merely TO
act in aid of The people in forming State consti
tuition to be submitted to Congress. Assuming
then that such constitution has been formed
what is its effect upon the disputed boundary? If il
compromits the rights OF either party 10 that ques
ton, then it does not meet the Presidents APP
probation, for he deems il his duty to leave the
settlement OF that question 10 the tribunal 10 which
il constituionally belongs. Ii is sufficient for him
that this boundary is in dispute. That the
ritory east Of the Rio del Norte seeuls TO be
claimed in good faith both by Texas and New
Mexico, or rather by the United States. Whatever
might be his judgment in regard TO their respective
rights, he has no power TO decide upon them,
even To negotiate IN regard to themi and therefore
II would be improper for him to express any opin-
ion. The subie matter OF dispute ia between the
United States and Texas, and not between the in
habitants of New Mexico and Texas. If those
people should voluntarily consent to come under
the Ju isdictlon OF Texas, such consent would not
bind the United States Or take away their title to
the Territory. SO, the other hand, il they
should voluntarily claim the title for the United
States, it would not deprive Texas of her rights,
whatever those rights might be. They can only
be affected by hcr own acts, Judicial decision.
The State constitution formed by New Mexico can
have no legal validity until il is recognised and
adopted by the law-making power OF the United
States. Until that Is done II has no sanction, and
have no effect upon the rights of Texas, or of
the United States, TO the territory in dispute. And
it is not to be presumed that Congress will ever
give its sanction To that constitution without first
providing for the settlement of this boundary. Ia
Decd no government, either Territorial or State,
be formed for New Mexico without providing
for settling this boundary. Hence he regards the
formation Of this State constitution mere null
lily. 1t may be regarded indeed, petition TO
Congress TO be admitted as a State; but, until
Congress shall grant the prayer OF such petition
by legal enactments it affects the rights Of neither
party. But it is the right Of all to petition Con-
gress for any law which it may constituionally
pass, this people were in the exercise OF a common
right when they formed their constitution, with
view of applying to Congress for admission as
State; and as he thinks the act can prejudice
one, he feels bound to approve of the conduct of
Colonel Munroe, in issuing the proclamation.
am directed, also, TO state, that in the Presi-
dents opinion it would not be just to suppose that
the late President desired to manifest any unfriend
ly attitude or aspect towards Texas or the claims
of Texas The boundary between Texas and New
Mexico was known to be disputed; and it was
equally well known that the Executive Govern
ment of the United States had power to settle
that dispute. 1t is believed that the Executive
power has not wished-it certainly docs not now
wish-to interfere with that question, in any man
pcr whatever, question of title
In one of his last communications to Congress,
that of the 18th of June last the late President
pcated the declaration that he had no power to de-
eide the question Of boundary, and no desire to in
erfere with it, and that the authority to settle that
question resided elsewhere. The object Of the Ex-
ecutive Government has been, as believe, and as
! am authorized to say il certainly now is, TO Sc
cure the peace of the country; to maintain far
practicable the state of things it existed the
date of the treaty; and to uphold and preserve the
rights of the respective parties they were under
the solemn guarantee OF the treaty, until the highly
interesting question Of boundary should be finally
settled by competent authority This treaty,
which is now supreme law of the land, declares,
before stated, that the Inhabitants shall be main
tanned and protected in the free enjoyment OF their
liberty and property, and secured in the free
else oil their religion. twill of course, be the Pres
dents duty to that this law ID sustained, and
the protection which 1t guarantees made etfecual-
and this is the plain and open path OF Executive
duty, in which he proposes to tread.
Other transactions Of very grave character are
alluded to, and recited in your exccency's letter.
To those transactions, am now directed not more
particularly TO advert because the only questions
propounded by you respect the authority under
which Colonel Munroc acted, and the approval or
disapprova Of his proclamation. Your excellen-
cy's communication and the answer will be mme
diatey laid before Congress. and the President will
take occasion 10 bring to its notice the ransac
tions alluded to above.'
1t is known to your excellcncy, that the ques-
tions growing out of the acquisition of. Caliior-
MIA and New Mexico, and among thsm the highly
important of the boundary of Texas, have
steadily engaged the attention of both Houses of
Congress for many months, and still engage 1t,
with intense interest. 1t is understood that the
Legislature of Texas will be shortly in session, and
will have the boundary question also before It, IL
is delicate crisis in public affairs; not free GER
fanny possible Dul lCl
y trust that justice, moderation, patriotism, and
the love of the Union, may inspire such counsels,
both in the government of the United States and
that of Texas, shall carry the country through
these dangers, and bring il safely out of them all.
And with renewed assurances of the continuance
OF mutual respect and harmony in the great iami-
| ly of States,
have the honor to be, with entire regard, your
cxccllcncy's most obedicnt servant,
DANIEL WEBSTER,
Secretary of State.
Mr.. BAYLY said that he had moved to refer the
message and the accompanying documents to the
Committee Of the Whole on the ; tate of the Union,
because he knew that discussion upon them would
obstruct other business. He wished the subject TO
be discussed in committee, where there was lati-
tude Of debate; would there be any consider
able delay in adopting this course, the papers
could not be printed before to- morrow or the next
| day; and hc presumed that gentlemen would not
discuss the subject before the message and the &C
! oompanying documents were printed. When the
committee should get through with the Post Office
bill, he intended 10 move to take up that making
/ appropriations for the civil and diplomatic en-
/ penses of the Government. He did not propose, he
repeated, 10 stop debate on the message now, and
which would be delayed only one day If the motion
which he had made should prevail There was no
improperly in the motion. As there was a clsmor
the part Of some of his friends, lac withdrew the
l demand for the previous question.
Mr.. HOWARD regretted that message of this
! character should have been communicated at thu
unfortunate iuncture Of events. Its tendency was
inevitable; II was 10 defeat the measure oil ADJUST
Incnt introduced in the other end of the Capitol
| which, by amendment, might meet with general
| appreciation. What Is our condition now The
I President has drawn the sword on one Of the SOW
| creign States Of the Union; and he took il upon
| himself 20 say that he would never vote for set
Element Of the matter in controversy with the
sword suspended over Texas, and while she is de-
nounced as guilty Of treason. This was most
! unfortunate document II was a misrepresentation
and misstatement Of the whole history of the
trovcrsy. II studiously remembers to forget tn,
most important items. lie understood TO OBJ
serve that on the 18th Of October, 1913, President
Polk ordered the seat Of government Of New Mex
leo, Santa Fe, TO be delivered TO the civil authori
ties of Texas, with the promise 10 protect Texas in
the maintenance of any government she might
establish. On the Goth Of March last this order
! was re-ailirncd and re-dirccted, with single mod
ihcation, that the military forces of the United
States should not come into conflict with the ciy
authorities Of Texas. This point is studiously
avoided.
Mr.. MORSE was gratfed with the remarks
made by the gentleman from Texas, who charac-
torzcd the message the most extraordinary pro-
duction of the age; aud he desired to say, further
that he hoped that the House, before IL gave IL;
sanction to the doctrine in it, to refer IL to spccia
committee, to inquire whether such doctrine should
emanato, in printed form, from the Senate ano
he Of A. .