The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-11-25


This cause proves that the trainers Of the Com
stitutlon admitted no power in the government Of
the Union, even to make laws respecting the ac-
knowledged and indubitable territory and property
of the Union without this special authority; aud
the saving clause to provide, with great but
just and wise jealousy, against the possible en-
croachment OF the government OF the Union. AT
ter reading this clause, with what reason and pro-
prety il be urged that Congress shall acquire,
of itself and under the Constitution, sovereign
rights over conquered territory! Let any pro-
vision in the Constitution be pointed out in which
there is even squirting at such a power. II the
territory cut off from Texas did not belong to that
State, it certainly did not belong to the political
entity called the United States, but to the indie
pendent States of the Confederacy, as independent
States, per mi ct per tout. But though this argu-
ment cannot be refuted, It will he met with the re-
buke of power, and will be no stumbling block in
the way OF those who are governed by law above
the Constitution | shall speak of the right of
Texas hereafter as an ndubitable right. But sup
pose it to be doubtful; who shall decide the ques-
ton of it's validity 1t is the right of sovereign;
and where shall we find any power in Congress to
decide on questions of the sovereign power of the
States Certainly not in the Constitution of the
Federal Government. In'the PRESIDENT Unques-
tionaby so fearful and despotic power is not in
vested IN him. But who then shall decide? | an
swer, it is question Of sovereign right, to be de-
cded by equal soveregns by negotiation and
never was intended to make The government OF the
Union an absolute despotlc power to decide such
controversies 1t was government granted with
fear and limited by jealousy. But to show how
feebly such considerations govern the Chief Mag
istrate whom accident has put above us, how little
of IA statesman and how poor lawyer he Is, we
find him, by his mere will, supersedng the au-
thorty Of Congress, il it has any, deciding the
question, and threatening TO enforce a title thus
adiudged, by arms. His authority to use military
force is a question ofsovereign right, he strangely
finds in a law most clearly intended only to en-
force the execution of Judicial Judgments In per-
sonaI and individual controversies.
Now as to the right and title of Texas. Texas
claimed the territory under the Constitution Of the
State, as a conquered territory The United States
acknowledged the boundaries which she claims
The treaty Of annexation was executed with
map Of the country exhibiting these boundaries,
made in the typographical bureau of the United
States; living before the negotiators at the time !;
and the United States agreed to use their power
and influence to establish these boundaries, as
nearly as they could, in their negotiations with
Mexico. know 1t may be said that these boun-
dares were not expressly recognised IN the treaty
of annexation but the for 1t was that the
United States, while it recognised them tacitly,
would not agree likewise to guarantee them IN er-
tenso That the United States distinctly recognls-
ed them is proved by the memoir attached TO the
map, which states that "The present boundaries
of Texas are defined by an act of the Texan Con
gress, approved December 10, 1886, to be Us fol-
lows Beginning at the mouth Of the Rio Grande,
thence up the principal stream ofsald river, to Its
source, thence due north TO the 42d degree OF
North Latitude thence along the boundary line,
as defined in the treaty between the United States
and Spain, to the beginning The reason for not
expressing specifically the boundaries of Texas is
given in a letter of Mr. Calhoun, Secretary of
State, to Mr. Green our representative in Mexico,
dated 10Th April, 1914, in which he says $40
make the terms Of the treaty (ofanneXatlon) as
| little obj ctonable to Mexico as possible, the
Government of the United States had lett the boun-
dairy oPTexas without specification, 80 that what
the boundary should be, might be an open ques-
ton, to be fairly and fully discussed and settled
according to the rights of each, and the mutual in
| terest and security Of the two countries" thus
there is not the shadow of doubt that the Govern
ment Of the United States recognised the boundary
claimed rs the basis of the negotiation on the part
! fTexas in the stipulated negotiation with Next
CO. Every act Of our government until the eXpl,
ration of Mr. Folks administration confirmed
this our army took possession of the bank OF the
Rio Grande rs Texas territory, and when 1t was
assaed, defended it as such. The President, IN
his MESSAGE to Congress, called the advance of the
| Mexican army beyond the Rio Grande an lnva-
sion of our territory, that Is, OF the territory OF
Te"Hs.
| G., agress, by u very large majority, declared
war on that ground and by that war the territory
in question was defended as the territory of Texas.
1t was acknowledged by Mexico by treaty OF
resson to the United States, the ostensible bel
| ligerent power and the trustee of Texas for the
purpose. But the title of TeXHs was good, indie
pendent of this IF the territory in ques-
ton was not actually a battlefield, the enemy re-
treated beyond it before the release Of Santa Anna;
bv his order the Texans claimed it in the most
solmn manner, and actual possession has never
been deemed necessary to support title by ma
tons to remote territory. Great Britain has not
in actual possession, and never IN any manner put
foot on great portion OF the territory Of her for
eipn dominions So Of Russia, and so Of other
governments. The abandonment by Santa Anna
and the officer next in command, supported by
eight or nine years distinct and unabated claim, Is,
in itself, sufficient But the question is between
the United States and the State of Texas Now
the United States have again and again, IN every
shape, acknowledged the boundary claimed by
Texas, both before and after the war with Mexico;
and shall she be permitted to dispute it? In the
strjctest law between individuals, the PARTY stand
ING in the place of the United States would be es-
topped from making demand in opposition to the
claim Of the other party. 10 attempt 1t would be
deemed n gross and Infamous fraud can 1t be
less so in nation The pretence is that it formed
part of the old province of New Mexico but
this was distinctly known to the United States an
terror to all her Acknowledgements of the title OF
Texas Besides, the attempted usurpation is not
confined to the territory formerly included in New
| Mexico, out Is 10 enlDTuCe large poltlon vi lue
undisputed territory of Texas; and for this, no
pretence of right is suggested, no motive is
assigned but the Government desires to have it..
The motive is nevertheless perfectly obvious. 1t
is to further the policy and plans of the Abolition
lists 1t is to environ the slave States. We have
seen that the Government of the United States has
no power TO acquire territory.
! I. et us now look little into the means resorted
to for the purpose Of accomplishing this object.
We see the military again employed in fraudulent
attempts to establish another Free soil State. That
! failing, the President, without consulting Con-
gress, determines the question of right most un-
courteously, as well as without the shadow Of au
thority in him to do so threatens the use Of the
bayonet and through Congress offers bride to
Texas; and with the sword in one hard and
bribe in the other, dictates to free and sovereign
State the ACKNOWLEDGMENT Of her territory, pre-
scrbes precise limits to the eXcsion without con-
sultng her, and fixes very short time within
which she is to submit. The greatest tyrant in
the world could not have proceeded with more in
decency, or with grosser insult. Will Texas sub
mit3 Has she selt-reSpect left: Is she not
pledged to the Southern States to preserve this
territory for the purpose Of sustaining the equiIib
rrm Of the Union and will she now consign it to
a purpose which will destroy it, Who brought
! Texas into the Union The South Win ey-