The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-16


right 10 enjoy them. But for one, repeat, believe
the Constitution did such thing Is attributed 10 IL
II Texas having in actual possession, did not
tend her laws there then il follows that the right
maintain carry slave there would not be recognised
BY the Supreme Court have endeavored % stale the
tee and the provision of the amendment oil the senator
from Mississippi. as understand them and the Senate
Mr. RUSK Mr. President ldesre. al this Stage Of the
proceeding upon this BILL to say very few words in
swer 70 part Of the argument just delivered by the hon
oabe senator from Kentucky lie seems 10 suppose that
actual possession and the extension Of laws every
particular spot OF territory claimed BY Texas
sary TO constitute title in the State republic OF Texas
that unless thai actual possession and extension OF laws
IN the exercise OF the jurisdiction absolutely upon every
foot Of soil claimed BY Texas did take place. the title
Mr.. CLAY, (interposingl Mr. President, will my
friend allow me to correct him said nothing about
titles. spoke Of laws dc Jaco or De jure. you may
possession and without the practical Of usdc
ton, unquesonably but law may exist de oco. without
soTeresD having lille obtains territorial posssssion and
alters the law there be law de fdeto although the
title Of Texas may exist yet The iez od OF the country
suming that Texas has good tide Is carried there
BY legislative authority. This is my idea. said moth
ing about title, but about the law Of the country
Mr. RUSK. After that explanation, Mr. President,
still differ with the honorable senator from Kentucky
Mr. CLAY; butt will moi discuss that question now
il seems 10 me that wherever the ownership and SOW
eregny Of the soil is vested there the law Of the soy
ereign power certainly goes shall make but few OBJ
servatons now, intending TO say more when the ques
on up another part Of this bill. 1t made
difference whether Texas had the actual possession
not so far the validity OF her title concerned Nor
necessary go back beyond the treaty Of Guadalupe
Hdago to establish clear and unquestonable right in
the State Of Texas to every foot Of land east OF the Rio
Grande but, sir, not distracted by question
that has been raised for various purposes and has di
vded the country into sectional parties, 70 agreat extent
s 4 s ny ss se ss ssa, sssa
invited into this Union by the action Of the Congress Of
the United States. her Boundaries were defined BY
gress OF the United States and recognised when they
tended the invitation 10 Texas into the Union
one oi the States Of the Union Not only s. was j
subecmalter Of discussion this and the other branch
Of Congress; and il the subject matter Of inquiry Of
the President OF the United States by this body, pending
treaty which negotiated to effect the annexation.
There map, sir, amongst your records and your
published documents and familiar to every furnished
by the President Of the United States to the Senate. desg
mating all the territory east of the Rio Grande part OF
Texas. Well, sir. this is material point The annex
alton took place in the face OF this TACT and II the lace Of
this public law of Texas defining her limits No objection
then made on that subject The power Is conferred
this government by those joint resolutions TO 6x the
boundaries between foreign country and the United
vested in the government of the United States, what
that the army OF the United States took OF
this very territory of Santa Fe. The President Of the
United States or rather the General acting under the IN
strucons of the government erected temporary govern
men as he had right to do, and would have had an
equal right to do in the State Of vrgn.a the govern
foreign enemy had taken and been afterwards
expelled by the United States troops Nor would such
temporary government weigh feather towards destroy
ing the title of that Stale TO the jursdction towards
vesing permanently in the government OF the United
States.
The General in command established this temporary
government as il considered at the time. But this
sir sufficient awaken the jealousy OF Texas that
the government OF the United States might entertain
to lay the foundation for subsequent claim to pa Of
what belonged to Texas The governor OF the Stale OF
Texas therefore inquired OF the President OF the United
tory He was answered by letter IRON Mr., Buchanan,
then Secretary OF State stating that the President Of me
United States considered the claim OF Texas as far as the
Rio Grsnde to be well founded. sAA II sSa
Now, sir was this fair dealing the part Of the United
Staes intending 10 take part Of the territory OF Texas'
Aside from all your discussions on slavery and according
TO the plain and homey principles Of common honesty
was IL fair dealing for the government Of the United
States, which ought be the guardian Of the interests Of
should be thrown of her guard that critical moment by
such OF the Executive OF the United States
and then that the government Of the United States should
in afterwards and set up claim Tor itself 70 terri
tory in relation to which il had much as said TO the
government Of Texas. "You need not trouble yourself TO
and hold the country to be yours Il any Claim was to
be up by tine United States, would il not have been
fair dealing TO have notified Texas in the beginning Of
on the subject have concealed and denied any such nien
iion Was Maine treated in that wayi Was Massachu-
SETS when her boundaries about 10 be esabshed
with foreign power, treatedl Was letter written
10 them BY the Executive OF the United Sates asserting
that the claim OF the State Just and legal and recog
nised by the United States such and then did the
ernment in the face OF such declsraon set up claim
for itself to the very territory the foreign gov
eminent had given up IFS pretensonsi F ea1 1fe
Sir. the treaty Of Guadalupe Hdago was made while
Texas resting quietly under the assurance OF this
government that her claim the Rio Grande regard
ed by this government AZ we'll founded All the descrip
ton OF New Mexico contained In that treaty. well
the map which made part OF IT, treats OF territory
altogether west Of the Rio Grande, and there is not
word descriptive Of any part OF New Mexico on the east
OF that river.
Sir, under such circumstances Is II creditable TO this
rovernmenis il creditable TO those who agtafng
question which s likely TO shake this nation from its
centre 10 its circumference-to attempt the dlsmember
ment of the State OF Texas s there government in
the world acting the guardian Of jurisdictions under
her general superntendence and control, which would
consider honorable thus interfere in her own behalf
against Of the parties whose rights i Is her duly 70
protect
Now sir what is the condition OF Texas one Of the
States OF this Unon She to enter the Union, &C
cordng 10 the terms OF the Joint resolutions by which her
nnexafion was determined, with all the rights and pFyi
leges OF one OF the original States Exhausted by If
teen years war with power fearnlly her superior in
numbers and the ordinary elements of power, che
sented to come into this confederacy under assurances
OF fraternity and protection. Lulled into security by
such assurances, in what condition do now find our
selves part Of ctizens, and part OF our so,
which is ours BY every title. s claimed By The government