The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-30
CONGRESSIONAL.
ECA OF nlK. BALD WIN,
nE f*nEk LfsfrIatfrs

Oa Ae Ciam Of 1eras 10 NeW MeIico dsitUe,ed az he
Senate Of The Uatted States Thursday, July 25. 1850
Mr.. BALDWIN said Mr. President | am in favor OF
the amendment OF the senator from Missouri think thai
il the amendment proposed by the senator from Maine
for the appointment OF commission to with
mssioners from Texas upon line of boundary between
the territory of the United States and Texas adopted
all should be adopted with the imposed by
the amendment offered by the from Missouri.
opposed to the Whole scheme OF establishing the
limits Of sne territory OF the United States and the terrific
ry OF Texas by conventional boundary in the IN amer
proposed BY The amendmeh OF the Senator from Maine
because believe it to be question that ought TO be- set
tied by that high tribunal established by the con
with ample powers Tor the adjustment by judicial ad.
judcatlon OF all controversies In which the United States
and the States OF this Union concerned. believe
thai the poper mode OF settling this controversy is that
which recommended BY the late amsnted President
OF the United States OF referring to tie decision Of the
Supreme Court OF the United Staes which has Aready
acted upon similar questions between different States of
this Union aud in manner satisfactory to them all ii
has been SAID by the senator from Texas that this bu-
nal is unfair one, because 1t is tribunal constituted
by the government Of the United S,ates and the
troversy will be between the government of the United
States and the State OF Texas. But, sir, is there any
thing unfair the oil judicial power by the
Supreme Court OF the United States, in the settle
msnt Of controversy between the government and
State, than there is in the exercise OF the same
power in the settlement Of controversy between
the government and individual All controversies
between the United States and individuals set
tied before the courts OF the United States 1t
Is 10 be equally presumed in the one in the
other, that they will be settled fairly and mpaally by
that high tribunal whose independent position and tenure
Of Office protect it from all suspicion OF partiay and
there Ia no reasonable, no we'll sounded objection that
tribunal being appealed to TO adjust and sete
versy Of this character between the government Of the
United States and of the States OF this Union The OBJ
lecon that the parties are unequal would have much
force when the controversy is between the govern
men and individual since the parties in that
still more unequal.
But sir has been said to be beneath the dignity OF
sovereign State of this Union TO submit controversy
lang to her boundary to any judicial tribunal do not
OF Texas when Massachusetts and Rhode Island and New
Jersey and other aies which formed the original elements
Of this Union-when States which united in the estab
lshment Of the government under which we lve-have
not deemed beneath their dignity Why is ii. sir, that
told at this late period. BY the youngest sister
the coniederacy, that is beneath her dignity to appear
before tribunal 10 which the other Satee have appealed
with confidence for the settlement of their
MIR. RUSK, (nterposing) The honorable senator is
mistaken in what he has said about there being idea
that would deroga,e from the dignity OF the State Of
Texas to appear before the Supreme Court.
Mr.. BALDWIN | am not certain that the honorable
senator himself has urged such an objection but am
quite that the idea has been sugge by gen.
tleman who has spoken on the subject here.
Mr.. RUSK Ii the honorable senator will allow me,
will explain what did say 1t was this: that the Su
pieme Court OF the United States had not jurisdiction OF
ibis case by consequence OF the special agreement be-
tween Texas and the United States contained in the joint
resolutions Of annexation By these resolutions special
tribunal selected There agreement that the
right settle this matter OF boundary should be submit
ted to the treaty making power
Mr. BALDWIN The honorable senator from Texas
now valves all other objection, If understand him.
TO the Jurisdiction OF the Supreme Court OF the
United States for the settlement Of this controversy
but insists that a different mode of adjustment was
agreed upon in the joint resolutions OF annexation
rendered 10 and accepted by Texas But what was
the object of that provision IN the joint resolutions
Texas mad been negotiating with the United States for
her admission into The Union treaty had been formed
That treaty had been rejected by the Senate Resolu
tons then proposed the admission OF Texas into
the Union with her rghy and proper boundaries pro.
yldln hal teri
rght1iy belonging to the republic OF Texas might be
erected into State, with republican form OF gov
eminent, be adopted by the people OF said republic by
deputies assembled in convention, with the consent
OF the existing government, subject 10 the adjustment b
the government OF the United States of all questions OF
boundary that arise with other governmental That
provision bad no relation whatever TO any controversy
that might between the United States and Texas in
relation the rghtful boundary OF Texas II Tie treaty
mak ing power failed to settle the boundary question
BY peaceful negotiation, such as was then anicl.
pated with the republic OF Mexico, and war inter
vened, by which large acquisition OF territory was
gained by the United States far exceeding any limits that
had been claimed by Texas, how can Il be said that
that provision the JOINT resoluonswhch was INTRO
duced merely TO AVOID any ground OF complaint on the
part OF Texas If the United States, in adjusting the
boundary with Mexico should reLnquish portion
Of her clalm--precludes the United States that a
much larger territory has been acquired by cession from
Mexico, from appealing to the proper judicial tribunals
for decision OF her rights
Mr. President, what is II that we are now proposing
TO do' To appoint commissioners, not for the purpose
Of ascerainng and establishing the true boundary line
between Texas and the territory OF the United States but
commissioners who 10 be invested according to the
original proposition. with power o agreeing with comms.
sioners be appointed by the State OF Texas upon
conventional ne. regardless OF the true boundary here
toore existing and oi agreeing upon The establishment
OF that conventional line upon such terms and consider
they shall be able to settle between themselves
in regard TO IT,
Now, am utterly opposed to any such power be-
ingsconierred upon commissioners or exercised by this
government in any form whatever. II Texas is the
rghtfu Of this territory, let Texas have IT, dc
not wish TO purchase it from her with a Of convert
ing either into free States slave States II belongs
10 Texas, deny, sir that there any power conferred
by the constitution purchase this territory for any such
purpose has been Indicated during The presen, deus
zion. Senators who have advocated that provision in
the bill which intended TO be- carried out by bs amend
ment have declared that their opinion The purchase OF
any portion OF the territory claimed by Texas would be
a recognition OF her uile That was claimed by
the honorable senator from Alabama, now in the
chair, Mr.. kiscl IL was claimed by the honorable
a,or from Georgia, IMr. BKRRlEsl who has addressed
the Senate upon this subject The contemplated pur-
chase, hen not 10 be made in this view OF H. for the
purpose OF removing All incumbrance-an emharrass-
nent-from the title OF the United States, bu, il is to be
made under the idea that we are purchasing from Texas
that which she and OF which, by the very
Of purchase we are said recognise her ownershippar
chasing il for the purpose of renting into the tero
nal condition, in order that may bs erected into State
hereafter. Where IL the provision IN the constitution o'
the purchase OF territory from State Tor any such pur
pose IA ths' What would be thought of proposing to
the State OF Virginia to sell for pecuniay consideration
portion Of her domain with the people inhabiting IT, te
the United Staes to be erected afterwards into State =
whether slave State free State-is entirely inmate
rial regards this point II We purchase this ter
nory from Texas under such circumstances to recog
thereby her title be distinguished