The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-30

oy law lhe supreme Court OF the United States have
decided that the treaty making power is competent
quire foreign territory and all the practice Of this gov
ernment anterior TO the annexation OF Texas
ormiy with that decision OF the court No territory had
been acquired IRON foreign government except by the
action OF the treaty ymakng power The power to admit
new States into the Union is distinct power applying
only TO the Territories OF the United Satesa power to be
exercised efiectualy only when new State formed
and ready ior admission The constitution OF the United
States declares that no State shall be formed
erected within the jurisdiction of any other State = not
that this may be done by the Of Congress- New
States may be admitted by Congress into this Union but
no new State shall be formed erected within the uris
the junction OF two or States parts of States
without the consent OF the legislatures OF the States
cerned as well as Of Congress- But the clause in the
constitution prohibiting the formation OF any new State
within the jurisdiction OF any other State, has qua
cation whatever Congress cannot now authorizs the
formation OF new State within the jurisdiction OF Tex
as Stale, when formed can in the view OF the
constitution have no relation to any other State. but only
10 the Union Texas then, must first cede her iurisdc
ton, divide her debt, apporion her domain, Withdraw
herself into reduced limits and leave out Of her ursdc-
ton entirely the territory which il is claimed shall be ad
mitted into the Union as new State before Congress
IN pursuance OF the constitution authorize foma
ton. 4I.s
When Maine came into. the Union. there was pre-
existing law: passed By Massachusetts, authorizing her
It was when Kentucky came into the Union by the ces-
sioD Of her territory by Virginia Has Texas ever Of
embrace the condition annexed 10 the joint resolution
Have "the South" independently OF Texas-the unds-
fined South which has been represented BY so many
senators upon this fo0r-has she right to insist that
Texas shall do this, shall be permitted to do for the
purpose OF restoring some ancied equilibrium by the in
PRODUCTION Of new senators into this bodyi i Calfcr
MIA to wait until some rotten borough system be
brought into existence for such purpose! Whether
any future Congress will be bound to admit any new
Be left 10 them to decide when Texas shall consent to
dismemberment An act Of future Legislation will then
be required, whatever we may now resolve tits grave
question: which do not consider it necessary for any
OF US now to undertake definitely to decide. Some u
ture Congress may be obliged 10 determine it. Il enough
for US TO know
"Non fantas componas Lte."
When Texas, in December, 1s45, having assented to
the conditions in the joint resolution and dsobed herself
Of her sovereignty offered herself for admission, four
her, comprising. recoect arght all of the whg
bes, with the exception OF four, including the honorable
senator from Georgia, Mr.. BERREN,l who felt them
selves bound by the pledge made by the joint resolution
and accepted BY Texas, and voted for her admission
The fourteen whg senators who voted against acted in
accordance with the protest OF Massachusetts, which was
then presented by her senators.
Suppose, Mr. President, that the objection not to
the JOINT resolution annexng Texas, but to some Of the
condition, Offering 10 Texas If she would come into the
Union the privilege of being entitled to four
that she might keep navy in time of peace, and Texas
for admission: would have been binding upon this gov
ernment Would the faith Of the government have been
pledged Texas, OF course, knew when she nego-
atng for admission into this Union what the rights
and Obligations the enjoyment of which she seeking
to acquire She had perfect knowledge Of the consu
ton OF the United States Without designing to express
myself, any definite opinion on the question which
/ have right now to decide, protest against its
being sent to committee of compromise, that may
lead to an imputation of bad faith, it, when they
present some other which may feel disposed to
sustain should be unwilling reassert, in the language
of these resolutions the obligations Of that pledge Sup
pose that Canada should, in the Of few years.
be considered ripe for admission into the Union, and by
majority of one vote joint resolution should pass
admitting her, and authorizing her territory to be cut
frpva IN tirnn rpfn fUa
affect change some supposed equilibrium OF power
are the Souh-is this body-now prepared TO say that
il would be IN the power Of any one Congress Con
Jory Of single could be secured, to bind essential
y the policy Of this government, for any all future Con-
mature consideration When the time shall come when
Texas will be ready TO make application to subdivde her
self in the manner proposed, other men will be here to
act and Judge for themselves and have no doubt
that they will judge justly and wisely II they
shall be Of opinion that new States from the territsy OF
Texas entitled to admissonf upon the great prn
cipes which have hitherto governed Congress in its ad
ministraton Of this power. they shall then be Of opinion
that the proper time has arrived for such action they
will no doubt do what shall seem right and Just under
the circumstances which shall then surround them,
affected by anything that may now resolve Accord
ing the spirit oil the constitution ought not those who
TO be called upon to exercise power OF this nagni-
tudehose who must act legisatvey before that power
be carried into elect-to be in condition TO exercise
their free Judgment unrameed by the legislation
of those who have preceded them years before and who
under less favorable may have endeavored
10 bind their actonsl
But, sir, this is question that State but Texas
can raise What has the South TO do with it, Texas
has done nothing manifest her desire to have it taken
into consideration now She retains the whole OF her
jurisdiction STILL and, instead Of curtang, she is seek
ing to enlarge II, by swallowing up the greater part Of
New Mexico. When she does cede, the question will
then arise with Texas, but with the State TO be
created out OF the territory OF which Texas shall waive her
right OF jurisdiction II will be presented its
It's and will be much likely 10 be decided justly then
than in period OF excitement ikethe present II ap-
pears 10 that had better address ourselves TO the
duties OF legislation which call for action. avoiding
what may reproduce the excitement and agitation that
attended that most disastrous event-the annexation OF
Texas What right have TO interfere, 10 propose
10 Texas dsmember herself for the purpose o restoring
the equilibrium OF the slaveholding Saiesi What would
Virginia say il this Congress- were 70 throw this apple oil
dscord in her midst and ask her 10 divide herself into two
or more Siaesi What would any States in this Union
say TO proposal by Congress to divide up their territory
Would they acquiesce in III Would they submit to NJ
No, SIR they would say, 1t is time enough for Congress
to act when Congress can act pursuant TO the constu
ton, upon territory beyond the Jurisdiction Of any State.
connected with any question like thiss not TO be call
ed upon to wait until Texas shall have taken another
census to ascertain that she has population enough for
another Sateunt Texas shall be able 10 arrange with
other portions OF her territory the burden OF her debt and
be willing to make voluntary offer OF daughter as IN
readiness for the union California, as have said, is
here upon her right; she is here demanding the
fulflment OF a treaty stipulation. We cannot, in my
Judgment ask her to stand by until any other Questions
Than those which herself and herself aone are
arraeged.