The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-08-13
DEFERRED DEBATE-CosrIsuED.
FRIDAY, August o.

is the joint resolutions which submitted on the
3Oth of July relative to the boundaries of Texas
/ move, sir, to strike out all after the cnacting
clause and to insert the following
That by the joint resolution approved March
/, lS45, q for annexing Texas to the United
States" it being ordained that 6 the territory
properly included within and rightfully belonging
to the republic of Texas" might be erected into
a new State and admitted into the Union, it is
the opinion and judgemut Of Congress that the
admission of Texas into tile Union, with the
boundaries prescribed by the laws thereof not
objected to by the United States at the time of
such annexation, is conclusive as against the Uni
ted States of the right of Texas to all territory
included within such boundaries.
2 BE II resolred, Thatwhen in state Of war,
and in the abserce Of actual Satte authority any
where within h limits Of a State, military pc sscs-
sion is taken by the United States of such part
of the territory Of State, such possession can
rightfully be considered as taken and held only
in subordination to the authorities ofsuch State,
TO be surrendered forthwith on the demand of
such State, when the war is ended.
3. Be ii further resolred, That it is the duty of
the United States forthwith to surrender to the
constituted authorities of the State of Texas all
and any territories within the limits of that State,
as the same are prescribed by the laws thereof
which niay have been temporarily in the military
occupation of the United States during the late
war with Mexico.
MIR. FOOTE. rise to point of order. 1t
seems to me that these resolutions cannot be
properly moved as an amendment to the bill-at
least not in the mode adopted by the senator
from Virginia, Mr.. Mason 1t simply makes
nonsense Of the whole affair. If j understand it,
the amendment is to strike out all after the en-
acting clause. 1t will then read Be itienacted,
resolved" &c. In my opinion, sir, that cannot
be a parliamentary proceeding
The PRESIDENT The senator from Mis-
sissippi is mistaken in the idea he has advanced.
The title of the bill being subject to amendment
after the bill has gone to its third reading, this
makes no difference whatever. The adjustment
of the title to the bill car, be made, whatever
may be the nature of the bill.
Mr.. FOOTE. think the Chair has misun-
derstood the remark made. did not refer to
the title of the bill. am aware that it is Of no
consequence; but believe the proposition is to
strike out all after the enacting clause. The
enacting clause, of course, will be left. The
amendment begins g Resolved" and the whole
will then read us have suggested, which is, to
my apprehension, a piece of Legislative non
sense. aElBi IA, w
The PRESIDENT. If the senator makes
any point of ORDER the Chair will state that 1t is
competent, if the enacting clause is retained, to
insert any amendment after it.
Mr. FOOTE. 1t will be found, on examna-
ton, think, that this amendment consists of
several resolutions, each one of which begins,
of course with the word "lsesolved." 1t strikes
me that that is Legislative nonsense. Fts
The PRESIDENT. 1t makes no difference
1t is nevertheless, in order.
Mr. FOOTE. If the Chair rules against me,
have nothing further to say.
Mr.. MASON. Mr. President, i do not pro-
pose by any means to take an extended view OF
the amendment which have submitted; but ]
desire to express, in rs few words rs may be,
the reasons which induce me to offer this rs a
substitute for the bill. presented these reso-
lutions some week or ten days ago, in order to
bring before the Senate that mode of disposing
of this alleged disputed boundary of Texas
which, in my Judgment, and in that of other
senators with whom conferred, was best cal
cuiated to dissipate the cloud OF civil war which
it is auid is now impending in the horizon. Sir
i listened attentively to the argument addressed
to US day or two since by one OF the senators
from North Carolina, Mr.. BADGER as reason
why this bill should pass, TINT there is danger
of collision between the people OF Texas ald
the troops of the United States within this
alleged disputed boundary. Now, sir, if that be
true, and the great argument addressed to us
for the passage of this bill is that it will avert
that catastrophe, / think the strongest argument
which can be presented in reply is, that we have
no surety whatever after the passage Of this bill
that Texas will be satisfied with its provisions.
Sir, if she does not accept them, we are left
prec 'sely where we now stand, with this danger
imminently threatening not only the peace OF
the country, but the form of government under
which we live. should not be justified, there
fore, taking this view of the question, in with
holding from the Senate an opportunity of voting
upon the question, what are the righJui boun-
darics of Texas? If these resolutions shall be
adopted in lieal of the bill, all ground of CON-
plant on the part OF Texas win necessarily be
taken away, and she cannot only never fire a
gun, but never raise n word of opposition, be-
cause they yield TO her all that she caims-al
the territory within the alleged disputed boun-
dairy. ] am not going into the argument at all
which trespassed upon the Senate some time
since, in discussing the bill reported by the
Committee of Thirteen, to show what consider
the true boundary of Texas; but desire to
bring before the country a part Of the documen-
tary history of this question i am driven to
this from the decided position taken by the Pre-
sident of the United States in the message
which he transmitted to us few days ago on
this subject, which was utterly at war with the
facts and the true history of the question. Near
the close of the message to which avert Pre-
sident Fillmore says:
Congress will perceive that the governor of
Texas officially states that, by authority OF the
legislature of that State, he despatched a special
commissioner, with full power and instructions
to extend the civil jurisdiction of the State over
the unorganized counties of El Paso, Worth,
Preside, and Santa Fe, situated on its north
western limits. The four counties which Texas
thus proposes to establish and organize, as being
within her own jurisdiction, extend over the
whole of the territory east of the Rio Grande,
which has heretofore been regarded as an essen
tal aud integrsl part of the department of New
Mexico, and actually governed and possessed by
her people, until conquered and severed from the
republic of Mexico by tie American arms"
The allegation is, that the territory east of the
Rio Grande, comprised within the four counties
which II was the duty Of the Texan commas
,;,,,,. a. o~r, ,,;,, ,,sdar T,xau laws has here