The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-28


! matter am now discussing. II is not even he
ther General Jackson, without that act could have
exercised all the powers it conferred hm but it
is, whether the President shall make his judR-
Inen of the rights of treaty, without any judicial
investigation, the law of the land, and use the mill
tary force to carry that private judgment of his in
! TO execution. II Is simply whether to be
| under military rule or government of laws.
The President says that the question of Texas
| boundary is one that he cannot decide. In this
! opinion fully concur. This is a matter he has no
more power to decide than you or I. And until it
is determined by agreement between this Govern
! ment and Texas, o. by Judicial proceedings, it is
! beyond his province to give even an opinion
way or the other But how he assume to say
that the Mexicans on this side the Rio Grande are
not within those limits over which Texas right
fully extend her civil jurisdiction, without at the
same time undertaking to decide the question of
boundary, cannot understand These two posi-
tons OF the President, to my mind, irreconcila
BILE. II any man can show how he can say to Tex
as, "Thus far you may SO, and no further" with
out deciding the question OF her boundary, should
like to hear him. That is certainly decision, and a
most emphatic decision Of the question. II is de-
ci5ion in the last resort to be executed by force.
| And, moreover, it ID Executive decision with
| out color of authority. Nothing else be made
of it.
| As to the position that the United States troops
were left in the territory at the termination of the
war; and that it is the duty of the President as
mandcr in chief to keep them there, and to hold pos
session of the country with them against any inter-
ference on the part Of Texas until the boundary be
settled do not consider that rises to that dignity
which would justify an argument to answcrit. 1.-THE
country belongs to the United States by conquest,
its government devolves upon Congress. And If
| any laws be necessary to defend it and secure it,
it is the duty of the President to apply to the law
making power for authority to do so. And until
Congress makes some disposition of it, gives him
authority to hold II by force, he has right
| power to do it. Until Congress speaks he has no
authority to defend by force the military possession
OF the United States OF any portion of their late
| qulsitions from Mexico How has il been III Cali
iornia! There We have seen this possession, which
| IT IS said he Is bound to defend, entirely aban-
doned; and the whole country taken possession
| OF by people coming from all countries and
speaking all languages, who have appropriated it
| to themselves, and who have set up government
for themselves, which called upon to recog-
Mise and sanction. Now, if it be the duty of the
President to defend by force military possession of
New Mexico this side OF the Rio Grande, against
the authorities of Texas, until the boundary be
tied, why is il not also his duty defend in like
manner the military possession of California until
Congress shall make some disposition of it, The
case OF California Is much stronger in every point
of view than that Of New Mexico this side Of the
| Rio Grandc For have shown that the President
cannot interfere there without the virtual decision
of the question of Texas boundary, which he adj
mis that he has right TO decide.
J now go further; and ! maintain that if Texas
should be resisted by the Mexicans in this portion
ofthe territory lying within her prescribed limits,
and should apply 10 the President for assistance
to put down that resistance while this question Of
boundary is unsettled, he would be bound under
the Constiiuon>ana law Of 1875, to afford the
+ that act>
"And in of instruction in any State
against the government thereof il shall be lawful
for the President of the United States, applica-
ton OF the Legislature of such State, Of the
ecutive, (when the Legislature cannot be con-
vened,) to call forth such number of the militia of
any other State or States may be applied for,
lac may Judge sufficient to suppress such insurrcc-
| ton"
These people, it is we'll known, reside within the
limits OF Texas according to the boundaries pre-
= tIhaf ~ h.r,
that State the President is as much bound to re-
sPect and have enforced any other law Of Texas
or any other law of any other State, any law of
the nted States, unless IL be Inconsistent with the
Constitution of the United States, or some law or
treaty of the United States. repeat sir the Pre-
sdent Is as much bound to regard all constitute nal
laws Of the respective States he is the laws of the
United States. And If called upon in pursuance of
the act OF 1885, just read, he is much bound to
assist State in putting down resistance TO the cx-
ccuton Of any of her constitutional laws as he is
TO zee to the execution of the laws of the United
| States. And, as 1t is a question which he cannot
! decide, he IL bound to regard the laws of Texas
whether defining her boundary extending her
Jurisd lcuon, "a valid, unless ii in conflict
with the Constitution, some law treaty of the
United States. Now, sir, is there any thing in this
law ol Texas inconsistent with the late treaty with
| Mexico?
do not intend now to go into a discussion OF the
Texas boundary. ! did this a few days ago. ! do
not now wish to repeat what then said. ! will
barely enuincrate some Of the points You and
this House will recollec that do not consider the
question now as il stood before the war. Texas, as
an independent State, annexed and admitted
into the Union with such territorial limits as right
iully belonged 10 her at that time Her rights
were founded altogether upon the right Of success
iul revolution and their extent, in my opinion
then, was 10 the limits over which she had cstab-
4 ished her jurisdiction. Her limits were such as
! she had successfully marked by the sword. | did
not IN believe, do now Delieve that she had
thus esta lshed her jurisdiction 90 the extent of
| her claim ,'ut the settlement of her boundary
| ,Yttb Vic lig
| And this Government without waiting Tor peace
| ful negotiation, proceeded by force of arms to
! scrt her rights TO the extent OF her claim. The
then President, Mr. Polk, maintained that her pro-
! per boundary righuully extended TO the Rio
Grandc from Its mouth 10 its source; and this pO-
sitiOn maintained in the act declaring war, by
large Inajoriics in both branches OF Congress IL
did not receive my vote, for did not believe IL To
be true. But II received the sanction Of this Cow
crnment in both the Executive and legislative de-
| partmcnts.
The Government of the United States, therefore,
/ consider 10 be fully committed on this point I'm
less disposed 10 disregard the public fsith
most socmnly pghted, we are, in my opinion,
cstoppcd by the record. Ii upon the assertion
of these rights Of Texas TO the Rio Grande from
its mouth TO its source, that the declared.
IL was in vindicaon OF the rights of Texas 10 ox-
tend her jurisdiction under her laws and COnstitu
tOn 70 the limits OF her territorial claiu that tho
army was ordered to take a position ON tho cast
bank OF the Rio Graude. The war was the conse-
qucncc. And now ask, if there il auy thing in
consistent with those laws Of Texas which the war
was commenced TO enforce? 80 far FROM it, the
| treaty aihrms The boundary to be the Rio Grando
up 20 the corner of New Mexico ON the other
side OF the Rio Grandfather turning Westward
leaving W Texas, without the slightest restriction
/ all the territory claimed by her And, moreover.
the treaty has map accompanying It, which is
| nude part Of Il, and in which the boundary Of
| Texas Is clearly and distinctly set forth, run
| ming with the Rio Grandc from it's mouth To its
source. So far, then from this treaty containing
any thing inconsistent with the previous laws OF
Texas, defining and asserting her rights, il does
seem to me, upon all the rules OF Just and fair CON
struction. TO Affirm and fully establish those rights
! and utterly to deprive this Government OF ali pre-
text OF questioning them, except by bold, open and
] infamous population.
Mr.. MooSE inquired whether the resolutions of
annexation did not leave it to the General Govern
mcnt TO determine the boundary OF Texas,
MIR. STEPHENS. The resolutions of annexation
conferred upon the General Government nj the power
70 settle this question of boundary with Mexico.
They give tins Government authority or power over
hsr ,.hf at,If no,