The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-28


ceased the contest, Texas and the United States
stood toward each other just as they would have
stood if contes had ever arisen, unless IN max
ing the treaty which terminated the contest, and
where the United States only had jurisdiction, some
restriction was imposed upon Texas. II such re-
strcton had been inserted IN the treaty OF course
Texas would have been bound by II; for this Gov
eminent had the power III that way 10 take Juris-
diction over il, but ia no other way. And as the
treaty does not contain any such restriction, and
Mexico is no longer contestng, maintain that
Texas and the United States stand towards each
other upon this subject just they would have
etood ifthe war had never been waged, and Mexico
had disputed her claim The gentleman,
trust, understands me- and feels fully answered
MIR. STEVENS, of Pennsylvania, asked If il WAS
not competent for Mexico TO assign her iner' SIS in
the disputed territory to the United States, and
whether the United States, under the treaty, was
not the assignee of that interest?
MIR. STEPHENS, of Georgia, continued No, sir.
In the articles Of union between Texas and the Uni
ted States the resolutions of annex alton, Texas
gave this government no power 10 become the
signce of Mexico. The only power conferred
tocxtinguish the outstanding claim. This Govern
ment assumed the character of umpire. She
had power to settle the dispute a disinterested
person, but not to become party to the contro
versy. She had no power TO purchase the outstand-
ing claim, and to become the ASST gnee thereof
And if she had so purchased it, her rights would
have been invalid, and the purchase would have
Injured Immediately, according to the well-settled
principles Of law, to Texas, her cesfui qua trust
But sir, the treaty shows that she did not attempt
TO take assignment of the interest of Mexico IN
the disputed territory, and TO put herself in the
shoes OF Mexico in this matter There such
words, no such clause, no such intent 10 be found
from the beginning TO the end Of that treaty, and
no such construction can be put upon il without
committing as great an outrage upon the English
language men seem disposed TO commit
upon what now consider TO be the indisputabe
constitutional rights of Texas These rights have,
in my judgment, been thus indiSputably estab-
lshed by the action of this Government.
I In matt into ~ # he =
governed the public councils at that time. Ii is
known that opposed ii to the utmost of my abi-
ty. But what was done then cannot be undone
now. We have heard a great deal for some years
past of the odum Of reputation. And, strange TO
say, the very men who have been loudest in their
denunciation against particular States who failed
for time to fulfil their public engagements, arc
the loudest III their clamors tor total disr,-
gard of the pledged faith Of the Union. These are
the men, also who are pleased to assume 10 them
selves the title Of conservatives
Sir, if know any thing of conservatism, it is that
principle which sustains the supremacy of the law
which maintains the rights of all parties under the
law, and which never abandons the public faith
when once constitutionally given. This is the
ture of my conservatism. And could more shame
less spectacle be presented the civilized world
than for this Government, after having gone TO
with Mexico for contending that the rights of
Texas did not extend to the Rio Grande, and after
spending all the blood and treasure which was
wasted IN that war, TO turn round and commence
anotbere equally bloody and much more unnatural
conflict against Texas for asserting that her right
ful boundary does trtend to that limit This is the
disgrace, scandal and infamy which some of you
who call yourselves conserpatres would bring upon
your country. | belong 10 such class Of men.
am for abiding by the order OF things as | find
them constitutionally existing, until they be con-
sttuuonally changed. II they get too bad 10 be
borne without hope OF redress, then shall be for
revolution.
But having been led to say more upon this sub
jcct of the boundary Of Texas than intended in
inf I rat, Ia h..
point was upon. And again repeat, that if the
President should be called upon by Texas TO put
down illegal resistance to her authorities within
her limits, he would be bound TO regard the law
Of Texas, defining her boundary as the law Of the
land on this subject, until il be displaced or nvali
dated by some superior law. The treaty would
have becn such superior law If il had done it; but
II did not. law OF Congress, with the consent of
Texas, would be such a law; but none such is in
existence. Whether a law OF Congress alone with
out the consent Of Texas, would be such law is
not now before 1t will be time enough TO dis.
cuss that question when 1t arises. All that now
have before Us is, the message Announcing the
opinion of the Executive that il is question that
he cannot decide; but that, until it is decided by
competent authority, he will use force to prevent
the extension of the jurisdiction of Texas over ter
ritory lying within her limits prescribed by her
laws, notwithstanding those laws arc not incon-
sstent in conflict with any superior law; anc
that be will do this without asking any authority
from Congress in addition to that conferred upon
him by the acts Of 1875 and 1907. / have show I
conclusvely, think that those acts confer such
authority on him. And now in conclusion on tLi
branch Of the subject, assert that if he attempt.
thus by force 10 arrest the legal authorities Of Texas
1t will he gross usurpation Of power which should
be resisted.
And If you wish 10 know what mean by rcsist
ance, or how mean 1t should be resisted, ] say
distinctly, it should be resisted by arms as lawless
force always should be resisted.
cannot speak for Texas have no authority ia
speak for her-she has men upon this floor who can
speak for her. Bot ! have mistaken the character
OF her people II the spirt exhibited at the Alamo
and San Jacinto would submit tamely TO such wan
ton wrong. The rights and duty of Texas 10 my
mind, are clear. II the question be not settled che
should extend her Jurisdiction this territory
she should pass all laws necessary to command
obedience TO her sovereignty within her limits
And If the execution of those laws should be op-
posed by force, either the part of the people re-
siding in the Unaffected section the army of the
United States she should meet force with force let
the consequences be what they may. And no man
need dslude himself with the opinion that in gus II
a conflict Texas would be alone. / have lately OK
pressed the opinion, that "De first Etctral gun that
'haH be fred against The people Of 1eIas ,clholt tie
authority Of iov, teiH be signal for The freerne from
The DeiaDGrs 10 the RIO GTaHde 10 rally 10 ne res
cue" And ] repeat the sentiment here this ia y.
The clangOr Of battle at Concord, Lexington, and
Bunker Hill, did not more magically arouse every
friend of his country, from Massachusetts, 10 GeOr-
gia, IN the time Of colonial wrongs, than the fret
roar Of Federal artillery IN such a cause at Santa
re, will start 10 arms, at this time, every true
hearted south Of Mason and Di1On's line
The former was the beginning Of one revolution.
and Will be well for those to whom the destinics
OF this republic committed, to take care
that the latter may not be the commencement Of
another
The people in the slavcholding States Of this
Union cannot mistake this question. They under.
stand perfectly well that nothing would ever have
been heard Oi this doctrine Of It's being the duty u
the President 20 maintain the pOss.ssiOt of the
United states over this country against Texas If II
had not been that Texas " a slave state. We have
heard nothing of il in California or Utah. or New
Mexico, the other side Of the Rio Grandc. We have
heard nothing Of the obligations of the treaty &C.
curing " life, liberty, and religion" to those Mexi-
cans who have fallen within the dominions Of the
Mormons, or who have become prey TO the sava-
gee that roam the immense tracts Of country
between the Del Norte and the Pacific. No, SIR ;
we have heard nothing Of these obligations Of the
treaty, and ttrs doctrine Of holding possession by
force without the authority Of law saving in that
comparatively small portion Of the territory lying
east Of the Rio Grande, which falls within the pre-
scrsed limits OF Texas. Liberty, property, and
rehgion,' stand in no need Of protection anon get
the mixed and motley herd who have HOcked to
California from all nations and climcs-thcse "a
cred rights are perfectly safe amongst Mormons
aud saysgcs. IL is only In sayehDlding Texas thai