Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-05-11

gotiation the careful reader and student Of
history will observe a remarkable and yet just
discrimination made between the republic Of
Texas and the STATE Of Texas.
In tho annexation of the republic Of Texas
her whole territorial domain, and her SOW
orelgn ownership and jurisdiction over H.
were transferred TO the Government Of the
United States. This was declared, ordained
and done by the people Of the said republic
through their deputies In convention assom-
bled for that purpose and with the consent Of
her etiating government and upon the terms
aud conditions a. SGT forth In the Joint rcsolu-
tlon OF annexation already referred to.
A SAT- to be called Texas was then carved
out Of her original territory by consent OF
Congress embraced within certain prescribed
precincts, having q State constitution, with
a republican form Of government preparatory
| to IL being so recognized and admitted by Its
delegates In Congress uu Ter n further Joint
resolution as follows, viz.
Whereas the Congress Of the United States
by q joint resolution, approved March l., lst5,
did consent that the territory proper, included
In and belonging 10 the Republic Of TtTdS,
might be erected into q new State, to be called
he STATE Of TeIds, with republican form Of
government TO be adopted bY the people Of
said republic, by deputies In convention as
semhled, with the consent Of the existing gov
crnment In order that the same might he ad-
mlttcd as one Of ne Sdtes Of Tie UniOH which
consent oil CUaGpss was given upon otTtdiR
conditions specified In the FIRST and second
sections Of said Joint resolution; and whereas
the people Of the said Republic Of Texas, by
deputies In convention assembled, with the
consent Of the existing government did adopt
a constellation aud erect a nstn STATE, pih a
rtPubiicdn form Of government, and In the
name Of DC people Of Terds, and by their au-
thority, did ordaln and declare that they as
sented 10 and accepted the proposals, cOndi-
tons, and guarantees contained In said first
| and second sections Of said resolution; and
whereas the said constitution, and the proper
evidence Of its adoption by he people Of he
Republic Of TtpdS have been transmitted to
the President Of the United States and laid
before Congress, In conformity with the pro-
visions Of said joint resolution; Therefore
"Hesoipel M ne Senate and House Of Repre-
scntdtipes Of De United States Of America in
Congress assembled, That the State Of Texas
shall be one, and Is hereby declared to be one,
Of the United States Of America, and admitted
into the Union on an equal footing toih he
original States in all respects tohdteuer.
Section 2. And b. u further enacted ire
solved, That until the Representatives In
Congress shall be apportiOned according to
an actual enumeration of the inhabitants OF
the United States, DE Sdte of Texas shall be
entitled TO choose two Representatives APP
proved December 20, 1916.
IAN act TO extend the laws of the United
States over he STATE Of Texas and for other
purposes.
BE Il enacted By he Sendfe and House of
Representatives. Of De United States Of Amer
lea IN Congress assembled, That oil the laws
of the United States arc hereby declared to
extend TO and over and to have full force and
effect within DE State Of Texas, admitted at
the present session Of Congress bIto ne con-
tecierdcy and union Of the United States"
| Approved December 90, lS45.
That Is, n Sdtecallcd Texas, by and with
the consent of the people Of the Republic Of
Texas, and under a constitution formed by
them, has been created, and on their applica-
ton admitted into the confederacy styled the
United states OF America Us Legitimate MON
Der thereof; and the laws Of the United States
have been extended over said State and terri
tory.
The provision contained In the preliminary,
or, so TO speak, enabling resolution Of Con-
gress for the creation and admission Of new
States, formed out Of the territory acquired
by the annexation Of Texas, Is evidence that
both parties were acting and considered them
selves "a acting, independently of any author
ity derived under the Federal Constitution.
The third section Of the joint resolution reads,
viz;
New States, Of convenient size, not OK
ceeding four in number, in addition to said
State Of Texas, and having sufficient popula-
ton, may hereafter, by the consent of said
state, he formed out OF the territory thereof,
tnhich shall be entitled 10 admission under the
provisions Of the Federal Constitution &c.
Now, II the annexation Of the Republic, and
the admission Of the State Of Texas into the
Union ION an equal footing with The original
States In oil respects whatever" was cOnsti-
| tutiOnal, and this stipulation placed the late
| territorial domain Of the republic Of Texas,
and the State of Texas, under all the prOvi-
slons Of the Federal Constitution In the same
| sense and TO the same extent "a the original
State and territorial domain Of the United
states were under them, where, II may with
| reason and prOpTiety be asked, was the need
Of any new provision allowing the creation
| and admission of new States cOmpTchended
within, and TO be formed out of her original
territorial preclnts, now become the property
Of the United States2
All the stipulations made and the conditions
exacted and the guarantees given by either
party show clearly that the Government Of
the United States was acting, and intended 10
act, upon Its own supposed capacity Of su-
premacy outside of the Consultation; and In
| this capacity II acquired u sovereignty over
| the new territory with the creation OF which
tho Constitution had nothing TO do, with which
the States as several sOvereignties had nothing
TO do.
But again, and further, 1t must BE- observed
that this convention with the Republic Of
Texas, being made with her In her sovereign
capacity Of an independent nation, cannot
and must not be construed rs II II were made
with the people of territory already or Origi-
nally a part of the national or State domain
Of the Unhed States; or us II the State in ques-
ton were carved out Of territory purchased
from foreign power, leaving that power still
In existence as a separate sovereignty; there
Is, rs have said, very critical distinction
made In the resolutions Of the Congress, be-
tween the Republic Of Texas and the State of
Texas and this distinction Is carried out
through all the negotiations and proceedings
Of the two parties. IL was undoubtedly intcn,
al nd aaEtatn1NT lrnnnFtunt and
significant.
The parties negotiating were independent
| Of each other In all respects whatever, and
what arc they negotiating about The re-
public OF Texas proposes to sell and surrender
her domain and her Sovereignty over IL as an
| independent republic TO the Government of
the United States The Government Of the
United States consents to entertain the pro-
pOsal, and agrees that on her complying with
certain precedent condluQns, and pledging
herself TO the performance of certain stlpula-
tons done and guaranteed by a convention
Of her people, the United States will con-
sent that the republic Of Texas may erect u
portion Of her territorial domain into State
organism asslmilated TO the republican forms
Of the other States, In order that as such
STATE organism, not as sovereign republic
/ II may become member of the contederacy
styled the United States of America, TO which
| she cedes her remaining territory. Now, be
1t observed, that oil the while Texas Is per
forming these precedent conditions, whether
called an independent republic or new
State, she Is acting In her sovereign capacity,
independently both Of the Congress and the
Federal Consultation.
Hence the conditions upon which the recog-
milton and consent Of Congress IL given 10 the
preliminary proceedings Of the republic Of
Texas arc one thing; while the actual annCxa-
ton Of her territory, and the admission into the
Union Of the STATE of Texas, according to the
relations Of sovereignty and allegiance estab-
lished by the Consultation between the States
and the national Government Is quite another
thing. Her coming into this Union in the
capacity Of new State member thereof Is
another covenant than that which proposes or
assents to the conditions and stlpulatiOns to
her preparation OF herself for such annGXa-
ton, and for such admission. The one Is an
agreement or treaty, II you please, with her
In her sovereign capacity Of an independent
republic owing no allegiance to the United
Stalaa The other Ia n cOVenanI with her "A n