Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-06-24
REMARKS OF MIR. BERRIEN,

Why our lkings-and dislikings-
Have their own instructive laws?
....E-....-..@x.-@
REMARKS OF MIR. BERRIEN,
OF GEORGIA,
| On the motion By Mr. IMrney 10 strike out the
sch section of The bill for the admission of
California, de-, delivered in the Senate Friday,
June IA, 1850.
Mr. BERRIEN Mr. President, | have some
brief remarks to make to the Senate on the SUBJ
ject now under consideration, and think the pre-
sent moment as appropriate as any which may &C.
cur. The motion is to strike out the whole of
the thrty-ninth section of the bill Well, sir,
whatever may be the effect of this measure in
restoring peace and that harmony of feeling which
is so desirable, it is quite certain, pass it in any
form you please, that if you dvest it of the pro-
vision which is contained in this section, so far
from aiding in the restoration of harmony through
the country its result must be to promote dssen-
sion to furnish occasion for discussion, to produce
excited and angry feelings, and in the event to
draw into question the powers of the general 60
vernment. The object of this bill is to provide
governments for the whole of the Territories ac-
quired from Mexico First, it is proposed to ac-
cept and admir- the State of California as State
with the boundaries she has assumed; second to
establish the Territory of Utah, taking as the
southern boundary of that Territory the dividing
ridge which separates the waters that flow into the
great basin from those that fall into the Colorado
and the Gulf of California; and then it proposes
that the remaining territory acquired by the trea-
ty with Mexico shall constitute the Territory of
New Mexico. What, then, is the boundary of
New Mexico? 1t is to consist of the remaining
territory acquired from Mexico. Is it the terrific
ry lying entirely west of the Rio Grande, leaving
the claim of Texas to that which lies on the east
of that river undisturbed? or does it include a
portion of what was also formerly New Mexico,
lying withinthe boundaries of the State of Texas,
| as she has defined them for herself? We know
very we'll that there are two opposite opinions
upon this subject entertained and maintained by
different portions of the country and by different
! members of the Senate and House of Represen-
tatives, which are equally entitled to respect and
consideration. How, them is this Territory of
New Mexico to be organized? Unless its boun-
daries are previously ascertaned, and unless these
are determined by this bill, will it not be measure
calculated to produce discord, instead of being as
it is intended to be, bill of peace? 1t is for the
purpose of avoiding this result that the provision
contained in this thirty-ninth section has been in
serted by the committee. Texas asserts her claim
to all the territory lying east of the Rio Grande
| from the mouth of that river to its source
considerable portion of the American people, and
many representatives in both branches of the ma
onal Legislature, deny her title to that extent, as
serting that it is limited by the eastern and south
ern boundary of New Mexico, if not by the Nue.
ces. Now, sir this bill proposes mode by which
that controversy may be settled in manner which
is consistent with the constitutional powers of the
United States, and which will certainly be con-
sistent with the rights of Texas, because the mode
of settlement is made to depend upon her assent.
The inquiry, then, is, in the first place, what are
the rights of Texas and, secondly, the constitu-
tional powers of the United States to authorize
the settlement of the conflicting claims of Texas
and the United States in the mode proposed by
| this bill?
If the Senate will indulge me for brief mo-
ment, | will endeavor to maintain the proposition
which asserted the other day, in the hurried re-
marks made whenI supposed that the vote was
about to be taken. do not assert that PROPOSE
ton to be undenable, because it has been denied,
and that with no small degree OF confidence; but
| do hold that it can be maintained by process of
reasoning which is calculated to command the at
tention of the Senate. assert the validity of the
title of Texas from the mouth of the Rio Grande
to its source. maintain the constitutional power
of this government to receive from Texas ces-
sion of any portion of the territory which she
claims, and which the United States also claim,
that may be necessary for the adjustment of this
boundary. maintain that it is in the power fthe
United States, through the medium Of her courts
| hot by any legislative acts--to have the ques-
tons of boundary settled between herself and
Texas; but hold that the mode of adjusting this
boundary which will most conduce to the peace
and harmony of the country, which will be per-
fecty consistent with the constitutional powers of
the Congress of the United States, and at the
same time consistent with, and calculated to adj
vance, every principle ofequity and justice in be-
half of the claim of Texas, is the identical PROPOSE
ton contained in this bill.
Now, | will, in the first place, express briefly
the view which entertain in regard to the rights
of Texas. Some days since, when apprehended
that this question about to be submitted to a
vote, stated briefly my view upon this subject,
referring to the opinion which had expressed an
terror to the annexation of Texas that her boun-
Diary was limited by the Nueces. | suggested to
the Senate that this question was now presented
in very different aspect, when the United States
and Texas were parties to it, from that which it
exhibited when it was matter of contest between
Texas and Mexico, from whom she had separated.
1t is in illustration of that proposition that desire
to occupy the attention of the Senate for few
moments.
Texas, in convention, anterior to her annexa-
ton to the United States, declared her boundary.
In this she performed no unusual act. Every So
vereign State has the right-and presume most
sovereign States exercise it-of declaring their
legitimate boundaries 1t is agreed that other and
foreign States, whose interests may be affected by
the boundaries which are thus asserted, are not
bound by this declaration. 1t is very certain that
by the mere act of declaring, in the convention OF
1886, that her boundary extended to the Rio
Grande, Texas could not in any degree affect the
rights of Mexico Nevertheless, it was an asser-
ton of boundary made at an early day. anterior to