Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-08-02

all bargains and contracts of this description Injured
to the benefit of the cest que trust and hence have
that as our Government undertook as the
friend of Texas to settle her boundary she must as
an honest as faithful trustee mpart to that State
all the resulting advantages of the bargain. But if
listless wind' imagine that there is power to be
found in the Federal Constitution which, when exer
cised win COMPEL us to admit, to the fullest extent,
the right of Texas to this country.
The Constitution of the United States and the trea
ties made in pursuance of that instrument, are de-
clared to be the supreme law of the land and
would ask have we not treaty stipulations made
with Texas acknowledging her title to this country,
and not those stipulations still binding ON us =
By reference to a convention concluded between the
United States and Texas, in the year 1888 We dis
tinctly admitted our entire western boundary, now
claimed as the eastern boundary of New Mexico to
be the proper boundary between our country and
Texas. If did not at that time consider the claim
of Texas as being good, why should we have compro
missed our independent position as neutral Power
in the war then being waged between Mexico and
Texas, by the establishment of this line and In case
of any aggression having been made upon our ma
tona interest IN the country circumscribed by this
line would we have hesitated in demanding repara-
ton from the government of Texas? And if Texas
should have attempted to shield herself under the
plea that it was not her territory, would We have
been satisfied with the justification Or, rather,
would not have insisted upon strict observance
diced consideration of these different questions will
cause upon our minds the conviction, that by the
terms OF the convention we admit and acknowledge
the claim of Texas good to the Rio Grande up to
the 42d degree of north latitude. Is not that
venton still in force or has been abrogated by the
annexation of Texas to this country Justice, law,
and common sense all combine to enforce upon us
the conviction that there is nothing in that con-
vention regarding title at all inconsistent with the
present relations of the two countries the agreement
~ &boI1u
cannot by any act of absolve ourselves from
their observance. But IN addition to this treaty,
there has been another convention between the U.
s. and Texas, Interior, indeed, in time but vastly
more important in its operationsl refer to the a.
greements of annexation. 1t way want the hig So
lemnity attending the execution of treaty pre-
scribed by our Constitution, but it never want
its judicial cogency 1t will, it must be considered
the supreme law of the land, law resting under
the gis of the Constitution for its protection and
union, irrepeaable by any action of Congress, much
less by mere resolution of this House Let call
your attention to the second section of this joint
oluton, by the force of which Texas became rean-
nexed to country This section sets forth three
conditions on the compliance with which by Texas,
she to be admitted of the States of this
Union The first condition relates to the settlement
of the boundary of Texas The second relates to the
local and fiscal regulations which would necessarily
result from annexation. The third condition relates
to the territory of Texas. will read it:
rtory north of the said Missouri ne slavery involuntary
servtude, except for crime, shall be prohibited
Now sir as all the territory north of this line and
such south includes New Mexico, will observe that
every word and line in this condition acknowledges
the right of Texas to all of the country lying east
the Rio Grande 1t expressly prescribes, that in ad-
dion to the present State of Texas four new States
with the consent of Texas, may be formed and shall
be admitted into our Union. There is something
peculiarly striking in the phrasology of this last
clause. Four States to be formed out of the
territory of Texas. Where is that territory to be
found 1t could not have been the intention of the
trainers of this resolution to conne the formation of
these States exclusively to the territory living in the
southern portion of Texas, because the very next
clause of the same condition prescrbes that in the
territory lying north of the parallel of latitude Sc
deg. 80 minute slavery should be excluded. How
unreasonable this prescription, if the territory in
which slavery is prohibited was not portion of
Texas. In what singular, inconsistent attitude
does Constitution place the friends of Free-Soil
ism, at the time of annexation. So strong is the
FreeSoil passion that great national measure is to
be defeated, unless slavery, to certain extent.
should be prohibited. In order to effect its prohibi-
ton, the neutrality of our country is to be compro
missed aggression upon Mexican territory is to be
fegitimated. Sir in my opinion, it would be I'M
justifable impeachment of the justice wisdom, and
patriotism of the advocates of Sosm to enter
tain the suppostion, that the right of Texas not
at that time fully completely, and unreservedly
knowledged. These the principal considerations
which brought my mind to the conclusion, that the
territorial claim of Texas was good unimpeach-
able. But before l dismiss the examination of the
joint resolution of annexation, would inquire how
according to its meaning, is this freeso State
to be formed 1t has to be formed with the consent
of Texas. Has any such consent been given! On
the contrary has not the State of Texas on all &C.
casions evinced the most lively jealousy regarding
any interference by this Government with her right
to that country! During the Mexican war, Presi
dent Polk found it necessary, as war measure, tc
establish a military government in this country
Texas Immediately demonstrated, and demanded the
quo GfirnO of such step. The President, through
his Secretary, communicated such information of the
character Of the measure allayed her anxiety
j This cabinet communication not merely gave the
reasons which justified the step, but contained ar
express and unequivocal acknowledgment of the
right and title of Texas, and, what much better
calculated to satisfy Texas explicit order was
issued to the military commandant the Rio Grand
to use his power to establish and confirm the civi
authority of Texas; and even at the present time
has not Texas much of this country in her actua
possession Have not judicial districts been estab
ished under the law of Texas for the dispensation
justice Are not the laws and constitution of Texa
now in full force over the southern portion of tn
territory, which the New Mexican Delegate, if ad
mitted to seat on this floor, would represent! T
make q concise statement of this argument, it APP
pears to that the joint resolutions for the rean
nexatlon OF Texas must, ternina, have referre
to this district of country and referring to thi
country we are prohibited from proceeding to tn
promotion of territorial or State Government with
out the previous consent of Texas which consent ha
never been given. But, Mr.. Chairman, Independent
of this prohibition contained in this joint resolution
we have another restraint our action restrain
which, in by-gone days, supposed to be conclu
sive, but the times sadly out of Joint tina
what was the meaning of the Constitution in othe
days is to-day miserable ridiculous abstraction