The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-29

what influence will his opinion or my opinion ex
erclse upon the result
The little experience / have had al the bar has
shown me, that when lawyers differ very much
there Is doubt what the decision of the court ma
be, have also learned that a lawyer, whose in
gcnuty has been stimulated by fee TO take one
sided view OF a case, Is not a safe judge OF the
weight OF reasons that may lie on the other side.
would not, therefore, advise client to rely conf
IDENTIFY upon my opinion, where it was opposed TO
the opinions OF those of equal or superior know
ledge and ability Unhappily too many of us
come here rather as advocates than Judges; TO de.
lend the rights of section instead OF administer
ing justice 10 the whole. How many are in IA
frame vi mind TO regard this legal question impair
TALLY! How many endeavor to do 80? What DO
we see! division in opinion, almost sectional,
between gentlemen equal in talents in learning,
and In experience; and will add, / doubt not,
equally honest And here is another reason to re-
lax the confidence that what is clear TO us must be
clear 10 others. Since the division Of opinion on
this question ID sectional, may not there be SINH
lar division in the tribunal that is to decide it, A
majority OF those judges southern men.
mean not 10 cast upon them the slightest mputa-
ton. When cease 10 have confidence in the
judges OF the Supreme Court shall cease to have
confidence IN this Government. simply refer TO
what every one of much observation knows, that
five sixths of the opinions Of sensible men, and
ninety nine hundredtha of those who are not sen
slble az they have 80 many are derived from those
with whom they live, with whom they habitually
associate. These are the sources whence we de-
rive most OF our opinions in religion, in politics. in
morals, and in law; and of all opinions il is these
that II is The hardest 10 shake. Though they might
be the pures men that ever lived should not ca re
to argue the question of the real presence before
bench of Catholic bishops Let the gentleman
from Pennsy lvania remember, that the true uu, g.
zion Is not whether Texas has no title 10 any part
OF this territory but whether the judges of the Su-
preme Court will decide SO.
There Is another reason why will vote the ten
millions. l will simply allude to tit has been
argued by others. Without any very particular
examination OF the question: Will say that Texas,
or rather her creditors, has at least strong equ-
table claim upon this Government for the payment
OF her debts. To certain extent her sovereignty
Is merged; II s merged respects foreign nations,
who can no longer enforce their claims, or those
their citizens, against her by war; it is merged as
respects her power TO collect revenue by duties
imports, which revenues were pledged to her Gre
ditofs. know that we northern Wings used to
say that to annex Texas was to annex her war; her
slavery, and her debt. believe that the prophecy
Will be fully accomplished.
have another reason. will vote these ten mil
lions for peace will vote them for the sake Of
harnony-for the sake of the Union | will VOC
them TO avert the danger of collision between the
arms of TeXa5 and the arms of the United States,
III a controversy where the sympathies of half the
States OF the Union would be on one side, and the
other half on the other. This the gentleman from
Pennsylvania (Mr. STEvENs) calls cowardce. lie
may give il that if he please; il arises from
fear, an apprehension of public calamities. Ii is
not personal fear. II that of which that gentleman
boasts be courage, there two sorts: the courag re
that makes US inscnsiblc TO dangers our country
and the courage that enables us to brave dangers
TO ourselves; and sometimes those who have most
OF the one sort have no superabundance of the
other. Sir, know no more dangerous suphism
than that which diSnties the selfish rashness that
for the sake OF place ambition, would involve a
nation IN war or other great calamity, with the
name of courage. 1t is much moreakin to coward
ice, and has, usually, its origin in the same base
aarz tha
gentleman. Yes, | will buy peace; will give ten
millions OF dollars for it-Jexas is not an enemY;
and if she were all enemy, the powerful may, with
out lgnomIny, buy peace from the feeble.
How would the gentleman from Pennsylvania
settle this question: The temper of his speech
would seem to indicate preference for civil war
That remedy, however, falling, he is willing to ac-
cept what might probably lead to it, and what
suit. lie would admit New Mexico as a State,
and leave the question OF boundary to be deter
mined 10y suit i'll the Supreme Court. Now,
have been in favor of the admission of New
Mexico as State; that was part of the plan of
the late President and still entertain the opinion
have heretofore expressed, that of all the plans
that have been proposed, thatis the wsest and the
best. | only wish the prospect of its adoption
were moro iiattering. while yet, under actual cir
cumstances, shall endeavUr to procure the best
tlement In my power, and to that end shall shape
my course. have never, however, contemplated
the admission OF New Mexico prior TO the settle
mcnt of her boundaries. | concur in the view
taken by the President in his message, that "sno
government can be established for New Mexico,
either State or territorial, until it shall be first
certalned what New Mexico Is, and what are her
limits and boundaries;" and this, indeed, is denti-
cal with an opinion which | expressed on the floor
of the Houso several months ago. The gentle
man from Pennsylvania combats this position
which he regards equivalent to declaration that
the Constitution prohibits the admission Of a State
with unsettled boundaries. This appears to me a
very forced construction. only understand the
President as employing a strong, and not unusual
expression TO indicate the improperly of the
referred to. States have heretofore been admitted
says the gentleman, with unsettled boundaries. IL
makes some difference, however, whether the con-
trovcrsy relates 10 narrow strip, or insignificant
portion Of a State, whether il embraces the whole
Here the claim Of Texas is about three fourths of
the Territory and fye-sixths OF the population of
New Mexico. The title Of New Mexico 10 come in
as State depends wholly upon the settlement of
this controversy in her favor. In every view can
take, II seems TO me monstrous that Congress may
bring State into the Union that the Supreme Court
by judgment may put out!
My support OF the measure recommended by the
President ia no new thing, and has not its birth
since the change that has taken place in the Execu
tive branch OF the Government. | indicated nv
approval of il in letter written and published so
long ago az December or the beginning of January
last, am afterwards declared my preference for II
in the House in the month Of April following. IL
- no ground OF complaint against the gentleman
from Pennsylvania, (Mr. STEvENs,) and requires
no dpolOEJ lTOll HllIls lLdl nc docs not mt to
support this or any other measure of the present
Administration. trust that every gentleman here
may always preserve, in this respect, proper in
dependence. But there is reason to complain that
the gentleman has in assaiiing the motives Of the
President, passed the bounds Of legitimate oppo-
sitIon. The gentleman denies that the President
under the actual facts of the case has recon.
mcndcd the settlement Of this question by the pay
ment of an indemnify 10 Texas; and to prove that
such recommendation is contingent only, lac read
this passage from the message:
Ill the claim Of titlc on the part Of Texas appear
10 Congress 10 be tceH founded in whole or in part
1t il in the competency Of Congress to offer her an
indemnity for the surrender Of that claim"
Was it because he thought it irrelevant that the
gentleman omitted the very next sentence,
I'm case IKE Mis, surrounded as IL is by many
Cogcut considerations, all calling for amicablc adj
justment and immediate settlement, the Govern
mcnt Of the United States mould be justified in Biy
opinion IA Giioicing indemnify TO TeIas, not I'M
reasonable, and cxtravagant, but air, liberal, and
awarded in a just spirit Of accommodation"
II the incredulity of the gentleman is serious, |
am bound to yield to 1t entire respect; though sup.
pose it to be quite peculiar, and shared, probably
By no other member Of tho House. but perhaps his
disbelief only affected, rhetorical art TO give
greater effect 10 HE invectvc. BE this as il may,
when the gentleman says that to npute to the Pres
idcnt what every ono but himself knows him TO
ln IA n N ali baf ind