The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-06-22
REMARKS OF MR.. BERRIEN,
OF GEORGIA,

June Ia, 1850
Mr.. BERRIEN. Mr.. President, have
some brief remarks to make to the Senate,
on the subject now under consideration, and
think the present moment as appropriate as
any which may occur. The motion is to
strike out the whole Of the thirty-n;nth sec
ton 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 divest it of
the provision which is contained in this sec
ton, so for from aiding in the restoration of
harmony through the country, its result must
be to promote dissension, 10 furnish occasion
for discussion, to produce excited and angry
feelings, and in ths event to draw into ques-
ton the powers of the General Government.
The object OF this bill is to provide govern
ments for the whole Of the Territories ac-
quired from Mexico. First, it is proposed
to accept and admit the State of California,
as a Stare, with the boundaries she has as
sumed second, to establish the Territory of
Utah, taking as the southern boundary OF
that Territory the dividing ridge which sepa-
rates the waters that flow into the great ba-
sin from those that fall into the Colorado and
the Gulf Of California and then it proposes
that the remaining territory acquired by th5
treaty with Mexico shall constitute the Ter
ritory 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
territory lying entirely west of the Rio
Grande, leaving the claim of Texas to that
which lies on the east of that river undis-
turbed or does it include portion Of what
was also formerly New Mexico, lying within
the boundaries Of the State of Texas, as she
has defined them for herself' We know
very well that there are two opposite opin-
ions upon this subject, entertained and main
tanned by different portions of the country,
and by different members of the Senate and
House of Representatives, which are equally
entitled to respect and consideration. How,
then, is this Territory of New Mexico to be
organized , Unless its boundaries are pre-
viously ascertained, and unless these are
determined by this bill, will it not be a
measure calculated to produce discord, in
stead of being, as it is intended to be, bill
of pesce' 1t is for the purpose of avoiding
this result, that the provision contained in
this thirty-ninth section has been inserted
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. A considerable portion of the Anne
rcan people, and many representatives in
both branches of the national Legislature,
deny her title to that extent, asserting that
it is limited by the eastern and southern
boundary of New Mexico, if not by the
Nueces. Now, sir, this bill proposes a
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 consist
ent 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 constitutional powers Of
the United States to authorize the settle
ment 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 moment, will endeavor to maintain
the proposition which / asserted the other
day, in the hurried remarks made when
| supposed that the vote was about to
be taken. do not assert that proposition to
be undeniable, because it has been denied,
and that with no small degree Of confidence;
but | do hold that it can be maintained by a
process of reasoning which is calculated to
command the attention of the Senate. !
assert the validity of the title of Texas from
the mouth Of the Rio Grande to it's source.
l maintain the constitutional power of this
government to receive from Texas a cession
of any portion of the territory which she
claims, and which the United States also
claim, that may be necessary for the adjust
ment of this boundary. maintain that it is
, in the power of the United States, through
the medium of her courts-not by any leg
islative acts-to have the questions of boun-
Diary settled between herself and Texas; but
hold that the mode of ad usting this boun-
dairy which will mos: conduce to the peace
and harmony Of the country, which will be
perfectly consistent with the constitutional
powers of the Congress of the United States,
and at tn same time consistent with, and
calculated to advance, every principle of
equity and justice in behalf of the claim of
Texas, is the identical proposition contained
in this BILL
Now, | will, in tie first place, express
briefly the view which entertain in regard
to the rights Of Texas. Some DAYS since,
when apPrehended that this question was
about to be submitted to vote, stated
briefly my view upon this subject, referring
to the opinion which | had expressed ante
rior to the annexation of Texas, that her
boundary was limited by the Nueces. |
suggested to the Senate that this question
was now presented in very different :
pect, when the United States and Texas
were parties to it, from that which it exLib-
tied when it was matter of contest between
Texas and Mexico, from whom she had
separated. 1t is in illustration of that prop
osition that desire to occupy the attention