The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-02-23

the joint act Of the two powers, would il not have
been obligatory upon Texas, by the express terms
of the resolution by which il was annexed?
Well, now, if Mexico and the United States con-
jointly by treaty might have fixed upon the western
and northern limits Of Texas, and United States
have acquired all the territory ON which the two
powers acting together must have established the
limits of Texas, have not the United States, in
virtue of that cession TO them, become solely and
exclusively possessed Of all the power which they
jointly had prior TO the cession! II seems that
the conclusion and reasoning perfectly rresst-
IDLE. II Mexico and the United States could have
fixed upon any western limits for Texas, and did
not do it, and if the United States have acquired to
themselves by the treaty any extent of the territory
upon which the western limit was TO be fixed and
must be fixed, il seems TO me that resist
the logical conclusion that the United States now
has the power TO do what the United States and
Mexico conformity could have DONE l admit that
1t is delicate power--an extremely delicate power
admit that il ought to be exercised with a spirit
of justice generosity and liberality towards this
youngest member of the great American family.
Possibly if the United States fixes it in way con-
trary to the desire and rights OF Texas, she might
bring it before the Supreme Court of the United
States, and have the question again decided. say
possibly, because am not OF that class of politi-
clans who believe that every question il proper
question for the Supreme Court of the United States
There are questions too large for any tribunal Of
that kind to decide-great POLITICAL national and
territorial questions, which transcend their limits,
and to which thay are utterly incompetent. Whe-
Their this is one or not, viii not decide; but will
maintain that the United States are now invested
solely and exclusively with that power which was
In both nations, TO fix, ascertain, and settle the
Western and northern limits Of Texas.
Sir, the other day my honorable friend who rep
reients so well the State of Texas, (Mr. RUsK,)
said that we had no more right to touch the limits
OF Texas than we have to touch the limits Of Ken
tuoky; that the State is and indvsible, and
that the Federal Government has no right to sepa-
rate 1t. Iagrec with him that, when the limits are
certain and ascertained, they are undsputed and
indsputable. The General Government has no
right or power to interfere with the limits of a
Stae whose boundaries fixed, known, ascer-
taiied. and recognsed-no power at least to inter
iert with II voluntarily. An extreme case may be
put-one which trust in God never will happen to
this Union-of a conquered nation and of consti-
tutpn adapting itself to the state of subjugaton
andconquest to which it has been reduced, and the
giving up OF whole States, as well parts of
theState, in order to save what remains from the
conluering arm of the successful invader say
sucl power may possibly exist for a case of ex-
trenity such as this; and admit that short of such
an extremity, voluntarily, the General Government
hasno right to separate State or to take any por-
tor oil It's territory from it, to regard it other
wis than an intcger-one and indivisible.
Hut then i assume-what does not exist in the
Stae OF Texas-that this boundary was known,
ascrtained, and indisputable. On the contrary it
wasopen-Tit was unhxed, and remains unfixed to
thismoment, with respect 10 her western limits and
norh OF the head Of the Nueces. Why, sir, we
gae fifteen millions of dollars for these territories
thawe bought-and God knows what costly
barfain TO this country that was We gave fifteen
millions of dollars for the territories ceded by Mex
leo US; and can Texas, justly fairly, and honor
ably claim all she has asserted right to- without
paying amy portion OF that fifteen millions of dol
lars She talks indeed, about the United States
beirg her agent-her trustee. Why, sir, she was
no more her agent or trustee than she the
aget or trustee of any other part of the United
Stats.
Meico; make no reproaches-no none. Texas
broght them into war; but when they got into
it, was not war of Texas and Mexico-it was a
waiof the whole thirty States with Mexico-a war
In which the Government of the United States con-
duced the hostilities, and was much the trustee
andhgent OF the twenty nine other States compos
ing his Union as she was the trustee and agent of
Tens. With respect to all circumstances on which
Teas relies to make out a title to New Mexico,
suclas the map annexed To the recent treaty with
Mcico, and the opinions Of individuals highly re.
speeable and eminently elevated individuals, as
wasthe lamented Mr.. Polk, late President of the
Uned States, must say il was his individual
opinion, that he had no right, as President Of the
Umtd States, or in any other character, otherwise
than as negotiating with Mcxico-and then the
Scnde had to act in concurrence with him-to fix
boundary. In respect to that map, which is at
tachd to the treaty, 1t is sufficient to say that the
treat itself Is SILENT from beginning to end upon
the limits OF Texas; and the annexng of the map
to tn treaty no more confirms the truth of any
thingdelineated upon that map in relation To Tex
as than 1t does in relation to any other geographical
subjet which composes the map.
Mr.Prcsdent, / have said that / thought the
poweihas been concentrated in the United States to
fix Jpn the limits of Texas have said that this
powerought TO be exercised in spirit of great lib
crafty justice, and put it to you to say upon
this second resolution of mine, whether that liber-
atty md justice have not been displayed in the re-
solutin. What is proposed? To confine her TO the
Nuecs! No, sir. To extend it from the Sabine to
the nDuth of the Rio Grande-and thence up the
Rio Crande to the southern limits Of New Mexico,
and hencc, with that limit, 10 the boundary be-
tweei the United, States and Spain, as marked out
undo the treaty Of 1919. Why, sir, here is a vast
country have made no estimate about IL, but
believe II Is equal in amount of acres-of square
miles-to what Texas east Of the Nueces and ex-
tending TO the Sabine had before. But who is there
that say with truth and Justice that there is no
reciprocity, no concession, in these resolutions
made 10 Texas, with reference to the question
ofboundary line9 They give her vast country equal
IN amount nearly, repeat. TO what she indsputa-
bly, possessed beforeTa country sufficiently large,
with her consent hereafter to carve out Of il
two or three additional States when the condition
and number oil the population may render IL expe-
dent TO make new States. Well, sir, is not that
concession liberality and justices
But, sir, that is not all we propose TO give. The
second resolution proposes TO pay certain amount
OF the debt Of Texas blank is left because I
have not hitherto been able 10 ascertain the amount
Mr.. FOOTE. Will the honorable Senator allow
Inc 10 make a motion that now GO into cxecu-
tive session. in order TO enable him 10 finish his re-
marks tomorrow
Mr.. CLAY. do not think il will be possible for
me TO conclude to-day. although ! wished to go
through as much as possible.
Mr.. FOOTE. will make the motion at any time
that the Senator may feel disposed to give way.
Mr.. CLAY. If the Senate will allow me, | will
merely conclude what have TO say in relation TO
Texas, and then viii give way If the Senator de-
sires.
Mr.. President, was about 10 remark, independ-
ent OF the most liberal and generous boundary ten
dered TO Texas we propose 10 offer by this second
resolution a sum which the worthy Senator from
Texas, in my eye thinks will not be less than about
three millions OF dollars-the exact amount neither
he nor yet possesses the requisite materials TO as
certain. Well, you get this large boundary and
three millions Of your debt paid. shall not repeat
the argument offered upon former occasion, as
10 the obligation Of the United States TO pay that
debt but was struck upon reading the treaty of
limits fret, between the United States and Mexico
then the treaty Of limits between the United States
and Texas, TO find in the preamble Of both these
treaties direct recognition Of the principles out Of
which, think, spring our obligations to pay the
debt for which the duties Of foreign imports we're
pledged while Texas was an independent State.