The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-06-08

! ceptable.
| Mr. RUSK moved 10 amend the amend ment, by
striking out the words ''shall be confirmed" and
insert the words sic hereby recognised"
Mr. CLEMENS accepted the amendment as
\ modification OF his own.
Mr.. CLAY said the effect Of the amendment was
TO strike out that portion of the bill which provided
for the settlement OF the boundary line between
Texas and New Mexico; and proposes TO give her
all the territoryin dispute lie considered ,n9 pro
visions in the bill defining the boundaries OF Texas
| were not of binding force upon Texas unless she
gave her assent 10 them Ii was an overture TO
| Texas which she may or may not accept, as she
pleases should she accept il, the difficult and per-
plexing question would be forever settled; and, il
not accepted il will leave the question as II Is ut
present. Neither party will be prejudiced by the
| passage OF this bill
He Then alluded to the different opinions upon the
| subject Of the western boundary of Texas. One
large party always conended that the true western
boundary of Texas, previous 10 her annexation was
the Nueccs another great party held that the west
ern boundary of Texas was the Rio Grande, from
its mouth 10 lis
If the Nueces was the true boundary of Texas,
and the Mexican laws prohibiting slavery were in
force then there was large concession of territory,
supposed to be free, to the jurisdiction of Texas,
where it would be slave territory Ii the opposite
ground be correct-that the Rio Grande was the
true boundary from its mouth TO Its source-then
there would be "A concession Of slave territory to
free soil. lie alluded to various speeches on this
subject Of the boundary of Texas by Messrs, BEN
TON. PEARcE and SHIELDS, and urged that he
| thought the advocates oil an Increase oi slave
territory would gain but little by having this sub
jcct decided by the Judiciary. One eide claimed as
free territory extent Of about sni,'e hundred
miles Texas claimed about four and half degrees
more than this bill granted her. The bill, there
fore, comedies 10 the principle Of ree-so (suppos
ing the Mexican laws to be III iorce) only an ex-
tent Of three hundred miles, while the balance
coded TO Texas slave territory Is about nine hun
| dred miles He considered that, of all questions,
whether national between individuals, these
boundary lines, above all Others should be settled
by accommodation, adjustment and compromise
Ii Texas should eventually be decided as the pro-
per owner of this territory, orii II should be decl-
ded otherwise, the question Of slavery is in no way
affected by this bill. The principle ul Iou-inter-
yention is the principle of the bill
He then alluded TO the Importance Of settling this
subject means of benctttipg New Mexico He
recaptulaed the distressing condition of that Ter
ritory, and the miserable state Of affairs there at
present. He stated the character Of the present
military government OF the country, and urged
the necessity for doing something for her beneht.
Mr.. RUSk said that he was anxious as any
one could be for the settlement of the difficulties
now agitating the country, and he believed his
constituents would DC willing to do all that was
just and honorable to attain that end.
lie then read from Mr.. BENToN's speeches, In
ls45-'6 to show that Texas was republic; and, II
| admitted Was to be admitted with boundaries as
| fixed by herself; and, when admitted, her
] boundaries could not be reduced except by her own
! consent.
He then examined into the question of the title OF
Texas To the territory now i'll dispute, maintaining
! that the United States could not fairly set up n
claim to it, and proceeded to show that in the war
with Mexico, Santa Fe was taken possession OF by
the government forces under the claim OF Texas.
He said that he had heard IL asserted that this
| claim OF Texas was new one. Such statement
he considered entirely gratuitous; Texas had al
ways asserted 1t; she asserted II in 1886, and at a
time when the country was filled with Mexican sol
diers He then proceeded 10 show that the title OF
Texas was recognis in various acts of this Gov
| crnment; and said that Texas would he thought,
be willing to settle this question upon fair and hon
urablc TERMS but never on principles OF injustice.
He deprecated the consideration OF the claim OF
Texas with reference to the question OF free soil or
! slave territory. Such course was doing great in
justice TO Texas The agitation in Congress on this
| subject had done her injury already The people
| of that portion Of Texas had been alarmed and
| frightened by these agitators, about some awful
calamity about to be visited upon them IN the shape
of African slavery By this means, these pretended
friends Of this people had prevent. proper deiences
| being supplied Ia them, 10 protect the women and
children from being carried of by the Indians, and
reduced TO the most abjcct slavery. In conclusion
lac asked, how could the claim OF Texas be carried
before the Supreme Court for dccision without the
consent of Texas.
Mr.. CLAY said the question could be brought be-
fore the Supreme Court of the United States in the
| following manner. Let New Mexico be admitted
State; the question of right and boundary arises
and IL can be carried up 10 the Supreme Court on
bill in equity, in the same manner in which the diff.
! hculties between Rhode Island and Massachusetts
| between New York and New Jersey, and between
Ohio and Iowa, had been carried before that tribu-
| nal.
He had not said that Texas had title to the ter
| ritory in dispute. IL well known that large
portion Of the country believed Texas claim TO be
! go "a; without deciding either way on the title OF
| Texas, the committee had proposed. to Texas an
| equivalent Tor her claim. Had he been satisfied
that Texas had no title or claim, he could not have
! agreed to give her such an equivalent.
| Mr.. CLEMENS called the attention Of the Senate
/ In In he la Of
dent Of Mexico setting forth 10 the Mexican nation
! the territory coded by the treaty of Hidalgo no
mention is made of this territory, but says that all
! that part has been recognised as part Of Texas,
since the year 1886.
! Mr. RUsK further defended the title of Texas to
] tho territory in dispute.
Mr.. HALE called the attention of the Senator
from Texas 10 an act Of Congress, passed ON the Sd
Of March, 1915, 1.-TWO days after the resolutions of
annexation were approyed,) whereby drawbacks
were allowed ON foreign goods exported into Santa
Re in New Mexico. lie thought that this act,
passed by the same Congress which annexed Texas
did not show that il not understood that Santa
FG was part Of Texas.
| Mr.. RUSK said that Texas was not at that timC
in the Union, and he that that act wa
passed without any reference 10 the question d
! Texas boundary.
Mr.. DAVIS, Of Massachusetts,, and MIR. RUsK
] continued the debate the title Of Texas.
! Mr.. DOUGLAS said that hc always maintained
the title Of Texas to the lower Rio Grandc but could
not bring his mind 10 admit her title to the valley
| Of the upper Rio Grandc. lie then suggested some
amendments, notifications, 10 the pending
amendment, particularly TO that part relating &C
the territory to be set apart for the Indian terri
i tory.
Mr.. DAVIS, of Massachusetts,, and Mr. RUSK
again discussed the right Of Texas TO the territory
caEt Of the Rio Grandc.
Mr.. DAVIS, Of Mississippi maintained the right
\ Of Texas; defended the present military governor
Of Santa Pc, and the conduct Of the Secretary o
/ War, in directing strict neutrality The terri
tory was disputed territory, and the United States
had right 10 interfere by force to determine the
! point. lie considered the proper question To be an
| express declaration Of what the boundary Of Texas
should be. II Texas hes TITLE 10 this territory,
then IT IL the property Of the United States, and
there is nothing 10 be bought. II she have title
/ then Il l. the property Of Texas, and the United
states have no constitutional power To purchase II
for any such purpose indicated. For certain spc-
Gifted Objects the United States have right 10 pur
chase property within the Staes, such sites for
forts, dock yards, &c; but not for such purposes
a. this present measure contemplates. He consid-
cred II as making the treasury Of the United States
ap ally ina sectional war for the purpose Of exclu
ding the Southern States from their constitutional
] rights.
lie said lie unalierably opposed to that part
Of the bill which provided for taking away from
Texas any portion Of her territory and giving il u
the General Government. lie then defended the