The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-30

not disguise the fact, that there Is great diver
sty of opinion on this subject There are many
persons, not In the North, not in the West, not
intiie Northwest, merely, but even in the South,
who have great doubt with regard to the claim
of Texas being such as she could sustain either
in Congress or in the courts if it could go there.
In that state Of things, what is best to be done
1t is disputed question, and one which must
take for granted can be reasonably disputed.
Many persons entertain an opinion AS strong,
adverse to the claim Of Texas, as my own opinion
in favor of it. Well, sir, in this condition of
things, with this disputed boundary on the part
of Texas, does it not behoove US to endeavor to
do as substantial justice possible to that State,
and to prevent the difficulties-which, must
honestly say, although with regret, have been
augmented and rendered threatening by the
action, and what consider the improper action,
Of the General Government, to prevent the diff
cuities growing up in that quarter, and going on
increasing every day? Is it not therefore, better
that we should give to Texas a reasonable com
pensation for the REIMBURSEMENT of any claims
she may have to the territory, or any portion
thereof, and settle then the question at once and
forever. Now, sir, know very well that, with
many of our Southern friends, this is the great
stumbling block in the way of any adjustment
of this question. Sir, did believe that, by pur-
we were to do what gentlemen tell us to be done
namely, that any portion of what believe to
be now part of the territory of Texas, and
therefore saveholding territory, was to be con-
verified into free territory would not consent
to it. But believe the opinion of the ablest
constitutional lawyers of the land would sustain
me in the assertion that, ms that territory is pur-
chased, and you pay an equivalent to Texas for
ii, the laws Of Texas will remain operative on il,
because by purchasing and paying for the claim,
you recognize the right, and thus admit the fact,
that this is now a portion of the territory of
Texas. Hence the laws of Texas must continue
to be in force in the territory ceded, unless they
be repeated by some subsequent legislation.
wish to speak plainly upon this subject. If this
opinion is correct, then, whatever may be the
operation OF the Mexican laws in other portions
of the territory of the United States acquired
from Mexico--a point which do not propose
to consider--whatever may be the operation Of
| those laws elsewhere, it is certain that in this
| territory purchased from Texas they will have
no operation whatever--the slayeholding laws
Of Texas having been attached What then, is
to prevent--provided the SOIL climate, and pro-
auctions, authorize doing sowhat is to prevent
the Shareholder from moving into that territory,
if he thinks proper to do so and being protected
by the territorial laws, until the people them
selves shall determine to form their constitution,
when they can prohibit, or continue to tolerate
the institution as they see fiji.
! Is there any difficulty in the way! / will ask
any honorable senator who may entertain any
doubt upon this Aubject, to state what the diff
Guilty is, or how any Mexican law, or any other
law now existing, can prevent the shareholders
from going into this territory with their slaves,
| if they choose to do SO? Well, Mr.. President,
| Texas has manifested willingness to settle this
question upon reasonable basis, by relinquish-
| ing her claim fora competent compensation, to a
portion OF her territory. Can it be supposed
that the Representatives of Texas would sacri-
flee the rights Of that State by giving up their
territory, to be taken from the jurisdiction I'M
der which it now is, when they and all others
can now 60 and take their property of whatever
description, and, in consideration of few paltry
dollars, consigni it to restrictions disadvantage
Gus and offensive to her, as well as to oil the
Southern States! No, sir, no! Sir, the COM
mlttee that reported this bill never for mo-
ment supposed that they were laying the slight
est temptation in the way OF any one calculated
to influence their votes, and they did not sup
pose they were likely to carry single vote one
way or the other, by means of the compensation
to be given to Texas for the cession Of her claim
| Texas prefers to retain her own territory. Give
it to her, and she will be content and ask no.
thing more. But if you think it best to pur-
chase it, Texas consents to sell for the benefit Of
| the whole country, and for the restoration Of
the peace and harmony of the Union. For these
reasons, Mr.. President, believe that this meas
ure would have the effect to settle difficult, an
exceedingly difficult subject, and which, if not
1 settled now, no man can foresec where it will
terminate | was in favor of retaining that pro-
| - Il |.
Sir, care not whether the western boundary of
Texas on the Rio Grande conflicts with the
boundary of New Mexico Chihuahua, or Tam
aulipas 1t is a matter of no importance what
soever We can establish a line certainly in any
territory that we possess; and if we think pro-
per to annex any portion of it lying contiguous
to such State, it is certainly in our power to do
SO with the assent OF such State as in the case
of Missouri. How did she get that beautiful
section of country lying upon the Missouri river!
1t was by an act of Congress annexing it, And
so, sir, say that all arguments founded upon
| the ground that we are cutting off this portion
or that portion of the territory of New Mexico,
or that we are breaking up or disregarding old
Mexican lines, have no influence whatsoeveron
my course or opinions. 1t is for us to decide,
under the circumstances of the case, what limit
we consider to be right now, and to settle upon
that rs the line.
One amendment, Mr.. President, | shall re-
quire, to put an end to all doubt or cavil, and
| that is, that clause be inserted by which the
right of Texas to divide the territory which may
remain to her, into the number of States desig-
mated by the compact for her admission into the
Union, shall be expressly recognized and admit
ted. The next portion Of the bill, as reported,
provides for the establishment of territorial gov
ernments for New Mexico and Utah. This por-
ton of the bill was prepared with view to ac-
cord with the principles Of non-intervention, as
contcnded for by the South. The boundaries
being fixed, Mr.. President, it became necessary
| to determine what kind of government should
be established for those territories, and what re-
strictions imposed, if any. The bill itself, as
reported, contained a phraseology by mistake,
which was adopted from the Clayton Compro-
mise bill, but which has been modified so as to
correspond with the amended language of that
bill, by the amendments of my honorable friend
from Georgia, (Mr. Berrien.) The tenth sec
ton, which specifics what the Legislative powers
of these territories shall be- is as follows: