The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-02-14
WHOLE NO. 1863.

OF iexas, may be erected into q new State
properly included in-rightfully belonging TO-
L ne resolution specifies no boundary. II could
specify none. IL has specified no western or
northern boundary for Texas II has assumed in
this state Of uncertainty what we know in point of
fact existed. But then the latter part oft Said
State to be formed subject 10 the adjustment of all
questions Of boundary tina, might arise with other
Governments, and the Constitution thereofp &c
That is to say, she is annexed with her riVhtfu,
and proper boundaries, without specification of
them but inasmuch as it was known that these
boundaries at the west and north we're unsettled
the Government of the United States retained ~
itself the power of settling with any foreign na.
ton what the boundary should be-
Now, sir, il is impossible for me to 20 into the
whole question, and 10 argue it fully / mean 10
express opinions or impressions rather than 10 90
into the entire argument The western and
northern limit of Texas being unsettled. and The
Government Of the United States having retained
the power Of seai;Sg K ( aos, suppose the power
had been exercised, and that there had been no
| cession Of territory by Mexico TO the United
States, but that the negotiations between the two
countries had been limited simply to the fxa,ion
OF the western and northern limits Of 'rexas
could 1t not have been done by the United States
and Mexico conformity! Will any one DISPUTE ia
Suppose there had been treaty Of limits of Tex.
rs concluded between Mexico and the United
States, fixing the Nueces as the western limit of
Texas, would not Texas have been bound bv IN
Why, by the express terms Of the resolution she
would have been bound by il or, if it had been
the Colorado or the Rio Grande. or apy other
boundary, whatever western limit had been fixed
by the joint action of the two Powers would have
been binding and obligatory upon Texas by the
express terms Of the resolution by which she was
admitted into the Union Now, sir. if Mexico
and the United States conformity by treaty. might
have fixed upon the western snd northern limits
OF Texas, and If the United States have ACQUIRED
by treaty all the ubjects upon which the limits of
Texas might have operated have not the United
States now the power. selo1y ana excsa-3seiy.
which Mexico and the Omitted States conformity
possessed prior to the late treaty between the two
countries II seems 10 me- sir that this conclu-
SION and reasoning is perfectly irresistible If
Mexico and the United States could have fixed
upon any western limit for Texas, and did not do
it, and II the United States have acquired TO
themselves or acquired by the treaty in question
all the territory upon which the western limit
must have been fixed, when it was fixed il seems
to me that no one can resist the logical conclusion
that the United States now have themselves n
power TO do what the United States and Mexico
conformity could have done
Sir, admit il is a delicate power-an extreme
~ delicate power. ] admit that il ought to be ex-
ercised in spirit of justice, iberaity, and gen.
erosity, towards this the youngest member of the
great American family. But here the power il.
Possibly, sir, upon that question-however, offer
no positive opinion-possibly, if the United States
were to fix it in way unjust in the opinion of
Texas, and contrary to her rights, she might bring
the question before the Supreme Court of the
United States, and have II there again investirat.
ed and decided say possibly sir because | am
not one of that class of politicians who believe
that every question is competent and proper
question for the Supreme Court of the United
States. There are questions too large for any
tribunal of that kind TO try great political ques-
tions, national territorial questions, which tran
scend their limits; for such questions their pow
ers are utterly incompetent. Whether this be
one of those quesiions or not, shall not decide
but ! will maintain that the United States are
now invested solely and exclusively with that
power which was common 10 both nations-to ix
ascertain, and settle the western and northern
limits Of Texas.
Sir, the other day my honorable friend who
represents so well the State Of Texas said that we
had no more right TO touch the limits of Texas
than we had to touch the limits Of Kentucky
think that was the illustration he gave us-thata
State is one and indivisbe, and that the General
Government has no right TO sever it. agree
with him, sir, in thst-wbere the limits are ascer-
tanned and certain, where they are undisputed
and indisputable The General Government has
no right, nor has any other earthly power the
right, to interfere with the limits OF State whose
boundaries are thus fixed thus ascertained, known,
and recognised The whole power, at least to in
terfere with it is voluntary. The extreme case
may be put-one which trust In God may never
happen in this nation-of conquered nation, and
Of Constitution adapting itself to the state of
sutjugation or conquest to which it has been re-
duced and giving up whole States as well as
parts OF States, in order TO from the conquer
ing arms Of the invader what remains I say such
power in case Of extremity may exist But
admit that, short Of such extremity, voluntarily,
the General Government has no right to separate
a State to take portion Of its territory from IT,
or to regard 1t otherwise than as integral one and
indivisiblc, and not TO be affected by any legisa-
ton of ours. But, then, assume, what does not
exist in the case of Texas, that these boundaries
must be known, ascertained and indisputable
With regard to Texas, all was open, all was un-
fixed all is unfxed At this moment, with respect
to her limits west and north Of the Neuces
But sir we gave fifteen millions of dollars for
this territory that we bought, and God knows
what "A costly bargain to this now distracted coun-
try it has been We gave fifteen millions Of
dollars for the territory coded to us by Mexico.
Can Texas, justly fairly, and honorably, come into
the Union and claim all that she has asserted a
right to, without paying any portion Of the fifteen
millions OF dollars which constituted the consider
alton Of the grant by the ceding nation TO the
United States She proposes no such thing She
talks indeed, about the United States having been
her agent, her trustee. Why, sir, the United
States was no more her agent or her trustee than
she was the agent or trustee of the whole people
of the United States. Texas involved herself in
war-N mean 10 make this no reproach-none--
none-upon the past Texas brought herself into
a state Of war and, when she got into that war; 1t
was not the war Of Texas and Mexico, but 1t WAS
the war Of the whole thirty United States and
Mexico 1t was war In which the Government
Of the United States, which created the host,ies,
was as much the trustee and agent of the twenty
nine other States composing the Union as she was
the trustee AMI agent Of Texas. And, sir with
respect TO all these circumstances-such, for ex-
ample, as a treaty with map annexed, ms in the
case Of the recent treaty with Mexico such M the
opinion Of individuals highly respected and emf
nent, like the lamented Mr.. Polk, late President
Of the United States, whose opinion was that he
had right, AZ President Of the United States or
In any character otherwise than as negotiating
with Mexico--and In that the Senate would have
TO act in concurrence with him-that he had no
right to fix the boundary and, as to the map at
tached to the treaty II Is sufficient TO say that the
treaty itself Is silent from beginning to end on the
subject OF the fxaton Of the boundary Of Texas.
The annexation Of the map TO the treaty was
matter Of utility for the treaty IL not strength
ened by II IL more aflirms the truth Of any
thing delineated upon that map in relation TO
Texas, than 1t does anything in relation to any
other geographical subject that composed the
map.
Mr.. President, have said that think the pow
Or has been concentrated Ia the Government Of the
United States TO fix upon the limits OF the State
Of Texas. have said also that this power ought
to be exercised in spirit Of great liberaity and
Justice and put II to you, sir, to say, in refer
ence TO this second resolution Of NINE whether
that iibernlity and justice has not been displayed