The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-18


he had held in that speech, that Congress was not
without the right to establish the form of govern
ment, not its substance, however, its details.
Mr.. STEPHENS, of Georgia, joined issue with
the gentleman from Virginia. He wished that
both New Mexico and California could have
established suitable for their condi-
ton, but not governments invading the rights Of
others
He had no i'll feeling towards the people Of Cali
6rnia. On the contrary, he desired for her all
imaginable prosperity.
The North were clamorous that she should
have an anti-slavery government, while the South
claimed that she should have agovernment adopt
ing slavery He was to have Congress make
government for New Mexico, giving no just offence
to either Of the great sections Of the Union; one
which should also refrain from trenching on the
rights Of State of the Union. 6d
Mr.. HOWARD held that the admission of this
delegate would estop further efforts on the part of
his State, Texas, to settle this boundary dispute
by negotiation. Once done, and she would either
quietly surrender her claim, throwing no obstacle
in the way of the exercise of the authority of New
Mexico over the territory, or proceed to draw the
sword in defence other rights. This was not said
by way ola threat.
He was but telling the committee the sincere
convictions of his mind, drawn from what he
knew to be the public sentiment of Texas. Not
long since, he had been instructed by the Gov
eminent Of Texas to demand to know of the
United States Government whether il stood pre-
pared to carry out the policy foreshadowed in
the recent proclamation OF COL Monroe. He had
promptly transmitted that letter to the President
Of the United. States, whose answer he was daily
expecting.
He opposed the application of III. N. Smith,
because all the proceedings Of the selfstyled con-
vention took place in Texas, at Santa Fe twenty
miles east Of the Rio Grande. He agreed with
the position of President TAYLoR's California
message, alleging that to make territorial gov
eminent for New Mexico, would be to PREJUDICE
the boundary question. 1t was not within the
scope Of the authority of the House to create a
territory of the United States, which would be
done in thus admitting Mr.. Smith. That act was
the formation Of both Houses of Congress-, and
the President--not of single branch of the Con-
gress. II had been urged that the complaints of
Texas, in this case, were unfounded: that she
was, in fact, complaining unjustly Now, this
was to urge that she had no right to complain
against treason, against her authority, committed
within her own limits; or that the General Gov
eminent had seen fit to aid and abet that treason.
In reply to the argument that Texas desired to
encroach on New Mexico, he urged that, in fact,
there was no such political organization as New
Mexico. This dispute was not hers, but simply
a dispute between the General Government and
Texas. New Mexico did not own foot of va
cant lands-al lying within her limits being the
property Of the United States.
Now, this application of Mr. Smith, an well as
the more recent proclamation of Col. Monroe,
and subsequent proceedings under it, that were
but attempts to deprive Texas Of her rghts--po-
litical-and of property guaranteed by the treaty
of annexation, as Mr.. H. proceeded to show. 1t
was an attempt to deprive her of her public
lands, with which she calculated to relieve herself
from her debt, &c. 1t was also to take from
her the right to subdvide herself into three slave
holding States which had been guaranteed by the
treaty of annexation. Thus, to abrogate the
treaty Of annexation after that fashion, would be
to authorize Texas to go peaceably out of the
Union; the terms on which she entered it, being
no more binding on her, than on the other party
to the agreement. President Polk had formerly
declared, that the end of the war with Mexico
would be the signal for the abrogation of the tenn
porary civil government in New Mexico; and un-
der that pledge, it was, that Texas had remained
quiet so long. In accordance with that pledge,
before retiring from the War Department, Secre-
tary Marcy ordered the military authorities in
Santa Fec to turn over their civil authority,
&C., to the officers (civiD of Texas. But, since
then, the new administration had directed the
officers Of the United States to foment reyolu-
ton in that quarter
The General Government, foreseeing that
Texas would defend her rights by arms, had
made preparations to send troops to check mate
that movement. As yet they had not been called
out; but when they were so put in motion, the
real contest would begin.
The General Government had acknowledged
the right of Texas to the territory in dispute, in
the treaty of Guadalupe Hidalgo and to admit
out of that territory, without the consent of Texas
would be to so admit one State, created out of the
territory of another, without her consent.
The United States have never claimed the dispu-
ted territory as hers. Congress had never legis-
lated, even by construction, against the right of
Texas to this territory. 1t being the duty Of
Congress alone to egislate for territories of the
United States. The net of New Mexico (if she
was such a territory in assuming to make such
government, was an usurpation. The treaty had
not given the people of New Mexico the right to
take any such action for themselves, as Mr.. H.
argued at some length to show. They had no
more right under that treaty so to do, than had
the people of the territory of Louisiana, under
the treaty by which that territory had been ac-
quired, to make similar government for them
selves
This debate was then further continued by Mr.
Brown, Of Indiana, who argued against the
claim of Mr.. Smith to be admitted, on the ground