The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-18

then upauesonaby they considered II part OF the ter
MI President when referred to the case OF the United
States against Price, seems was not understood by the
senator from New Jersey referred e on as as, an
drawbacks Now, il perfectly unimporan as regards
this question, whether The territory were within or with
out the limits OF the United States, or OF particular State
rather which was occupied by the enemy and which
Withdrawn from the control and Jurisdiction OF the United
States The proposition Was lna although Santa re was
as will show you by this authority, the United States
maintaining consul there because their jurisdiction had
moi been extended untl that DONE the protec
ton which due her citizens trading there rendered
consul necessary. But an appointment of consul was
not abandonment Of the claim Of the United States or
rather OF our acting in behalf OF Texas 1t was the terri
tory Of the United States before had been by our
arms in the war.
MI; DAYTON said that the senator had read part Of
Gen. kearnys proclamation, and he wished to be permit
ted TO read the remainder OF 1t, as follows:
1t Is the wish and intention the United States to provide
for New Mexico free government with the least possible
delay similar to that IN the United States and the people
OF New Mexico will then be called exercise the right
Of feemen in eectng their representatives the territorial
legislature
Mr. DAVIS, of Massachusetts have but a few
words to say before the vote is taken think there
is very obvious difference between the subjects
under consideration and the case referred to as
analogous, growing out OF the northeastern bound
ary 10 the first place, 1t appears by the public docu
mens that have been put in evidence since this
question has been under that Congress- subse
quen to the time when they passed the resolution ad
hitting Texas passed this law regulating the intercourse
and regulating the drawbacks between this country and
New Mexico That law was passed and approved some
days subsequent Here, them is the opinion Of Congress
this point that at this very instant of lime this was
foreign territory, and treated as such Il was treated as
foreign territory, because that bill provides for the draw
back extending exports to this portion OF foreign coun
try and allowing, in consequence OF such exports draw
backs Not only is this obvious, but il is also true that
the United States had commercial agent therea consul
We do not send consul 10 different portions OF the
United States it is only TO regulate intercourse
and take OF interests in foreign country that it
DONE Well then, Congress treats and the executive
department treats this foreign country-not as
part o. % "a h as ss (which Depn
to the lime when the army took possession OF that
country.
Now there is another circumstance which makes this
vary materially from the supposed analogous case
Why, sir il you refer the history OF this transaction
Iaude to the admission OF Texasif You refer TO the
history Of congressional dongs upon this subject, You
will find that this very question OF boundary raised
and largely discussed BY Congress at that time; and al
had prescribed in her act of 1886 should be adopted and
adhered by the United States the United States refused
to do it, And you look at the resolution Of exation
consequence OF the difficulty existing regard this
boundary the right to settle that boundary. Now, sir,
there Is no analogy between this case and thai 81 the
States, at all times and under all circumstances con.
tended for the treaty OF the boundary of 49, and at all
times and under all circumstances, admitted that the line
of the boundary OF Maine went 10 the SD deg and that
there intervening territory belonging to anybody
but that Maine had right 70 assert her power authority
and jurisdiction up TO that line Maine did do il, and
in hostile manner and the United States approved OF if,
and paid for the troops which she sent there during the
whole campaign to assert her right to this whole ern-
tory, 49,
the treaty to be made was treaty OF equivalents
We wished retain within the United States Rouse's
point and the Notifications which were upon it, which
were without the United Sates and within the boundary
Ct Canada TINS portion S OF the country as the limited
again. and the President instructed the foreign minis
tiers, belonged to the United States The portion which
Nala
Then, what the results II said we had better
give up this remote portion OF the State of Maine, and
run new line and gel possession OF Rouse point by
amount TOR what territory there taken away
That. believe the way it was done, and Massa-
chusetts paid accordingly
Now. sir, when you come to the fact, that upon the
very face of the resolution passed by Congress- this is
treated as disputed boundarywhen you cannot shu;
your eyes against that fact which you in the face
at the outset and that Congress did reserve the settle
ment OF this boundary to their discretion and Judgment
public Meaeo Sa Sc e
boundary OF Texas, Texas would have been bound by
it, and she could not have avoided it any way in the
world.
How does the matter stand nowl The United States,
in consequence OF this transaction, involved in the
war which was prosecuted at immense expense against
Mexico; she finally made adjustment in the treaty Of
Guadalupe Hdago and paid the sum OF fifteen mil.
lions for the territory coded by that treaty In that way
was the matter adjusted.
Now il may be said that part of il applies to this
matter. Let restae what stated the other day. and
put that against any statement OF the commanding gen.
era Before your army there the Minister OF the
United States was instructed by the President Mr. Polk,
in regard 10 the cession OF the whole of New Mexico 10
pay all the claims which citizens OF the United States had
against the citizens OF Mexicoto assume them all and
in addition to that, TO pay the OF five millions OF
dollars, and that TO get the territory bounded west
by the mountains which bound the valley of New Mexi.
CO. and that Is narrow strip Then, fearing that
they would be unwilling TO go west OF that river, the
President says II you will obtain the line prescribed by
Texas in the act OF 1896 authorize you to agree with
the republic OF Mexico, that the United States will con-
sdeaiion OF that assume all the claims which they
have against Mexicothat is the claims OF citizens for
spoaions Then the Secretary proceeds TO state these
claims Then he states the allowed by the Amer
can Board OF Commissioners, disagreed TO by the Next
cans and finally allowed by the mssion-about million
and hall, making something rising two millions Then
he states the amount that allowed by the American
Board and left Enacted upon by the umpreabout one
million Then those claims not acted upon at ALL which
were rising OF three millions AT the very moment these
instructions in the pocket OF the Minister 10 Mex
CO. this army was marching towards this very territory
which was taken possession of in the name and as ter
rtory OF the United States. Now, sir do not see any
very great analogy between these two am told the
instructions were dated on October Is, 1915.
l mention these facts simply to show what the Execu-
tive opinion IN relation to this matter was, and thai the
Executive did propose TO purchase this very country
which - now claimed by Texas and TO purchase Il in be-
hail OF the United States Then say said the other
day. that II we called upon TO pay il again. are
called upon TO pay for repurchasing country which we
have paid for by the treaty oil Guadalupe Hdalgo
n seems to me that that conclusion Is inevitable