y ' V- :V' ' ! j "'-;IXMT - j J-"TT.TJ--;11. , ,.,,:., . , : 1 T "i - I; r - L ' : ' I jr: .hj-rmillMI K J- " " . X krrTvn TW.t.i. navabte in 2 -ut if not p4 d in advance. Two dollar. .1. ... a u - a ,fl Tittr$ Inserted aft 9 1 for the first, and 25 cts ' A5 h ubseauent inseiftiga. Court orders chirged ti; hfzher than Mm rates. A liberal deduc- '.Sn to h'who dntl If br lh vear CLAY S SPEECH. IN SENA Feb. 5. le Slarbry Question. TOr. Clay's compromise. j-..; ,.f .'j ;i (coirrijwca.) -fbe powi then, Mr. President, in my ni0n---aUcl I will tjxtend it to the intro duction' as as the prohibition of sla Jeryln the 'new territories I think the Jcr docs exist in Congress, and I think hire is that important distinction between slave ry outside of the States and slavery inside fr'thi States, hat all outside tfde batabK alljnside of the States isunde baffle. The Government has no right to tbacb thejinstituticn within the States; lot whether! she has, and to what extent she has the fight or rot to touch it ouside of the States, is a question which is deba table. anJ ubon whicamen may honestly fairly d(fier, but which, decided how. erfrit;may jbe decidtd, furnishes. In my nO just occasion for breaking Jp this happy and glirious Union of ours. 'owl any not go ng to take up that Birtofithe subject which relates to the povrer oi congress to legislate either with in this District (I shall have occasion to mke some observations upon that when i.jipprqach the resolution relating to the Pistrict)- cither witjhin this District or Territories. But I must say, in a few wor3s, that I think there are two sources of power, either of which is, in my judg ment, sufficient to warrant the exercise of tie power, if it was deemed proper to ex ercise it, either to introduce or to keep out !aVerytvoutitde the States, within the Territories. .. -Mr.JVesident, I shall not take up time. ot wqicn aireaay so much has been con sumed, to show that, according to my sense of the constitution of the United SlAtcs, or rather according to the sense in lie last fifty; years, the clause which con (itt on. Congress tU power to regulate the Territories and o he ited States conveys the authority. Mr. President, with my worthy friend ta-Michman and I use the term in the best and most emphatrc sense, for, I beeve he and I havo known each other longer man no or I bave known any other cfiiaiurin mis qan-ji cannot concur, al tough I enjertajn the most profound re ipect for the opjnioni he has advanced opon the subject; adverse, to my own ; Jbut lmut say, When a pbiniis settled bv all t elementary writers of our countrv. bv aJl lie departments if bur Government. irgjiiauvc, ;cccMiive,nna juuiciai when it has been so settled for a period of fiftv years, and never! was seriously disturbed til recently, that I think, if we are to re fird ho thing asfixejd and settled under the admtni.stralibn of this constitution of oors, It Is a question which has thus been invariably and uniformly settled in a oar- i : j; ticolsur way. Or are we to come to this conclusion, that pothihg. nothing on earth Hm unucr mis cwisuiuuon, oui mat ethihgjisunsettleJdT Mr, President,' we Have to recollect it is 7 possible sir. it is o.uite likely that iien that constitutidn was framed the ippljcation Xboiana. of it to iuch Territories as lorida. California, nnrl N Mexico was never within the contempla lion of its framers. It will be recollected m wnen that const tution was framed Whole cjountry ndrthwest of the river ilk?'.. ! ' : I ... . va.o was unpeopled ; and it will be recol Wed also tbAt the exercise and the as. lon of the power td make governments mioues in tnei iniant state are, in e nature qf the pov erf temporary, and ?o terminate wheneve -they have acquired population competent for self-govern Sixty thousand is the number fixed tythe ordinance of 1787. Now. sir. re- Wlect tha when th s constitution was . PPF ftr -hat terri iory was unpeopled, J U possible that Congress, to whom it w been ceded bv the States for th r.rtm. n tenefitbf the edding State and all cr memoers ot the Union is it possi. "c taat uongress has no right whatever J declare, what description of settlers Bopld occupy the nublic lands ? f! took up ' the opinion that the intro 5?ctl0ni of slavery Would enhance the Woe of the land, aid enable them to marid for the public treasury a great J amount from that source of revenue rjajbyl the exclusion of slaves, would t iotj haye had the right to saytin fix- Urule regulations, or whatever choose to call the n, for the govern- pf i that Territorf, that any one that ?Sf s. to bring slavels may bring them, yjilKenhance the value of the proper- c7till thtk lonrinM anI Anlini;nn .!.- &nd add to the imnnrtnnr nf th Or take the fevers? stinnrk rtss might think that a greater a- r"" ot 'revenue wnfilrl h ArvA rrnm ? Ne lands beyond the Ohio ri ver by .interdiction of sla ery. would they not tQryvl5 iwiciyniv u i y ny, SIT, sjTif tow lbcH settlements were C. and what was their procress. Thev i VtoP l a fcw-- 1 eIicve lhal about kwthe first settement was made. nV j'Sell'cment f some two or three v'ciBnI.ri Z,. ltwa wew England. criT loelleve was lbe next point settlement W te h h J&ev rhaps by ai oa iijaue. i( was few persons from or some other State. Did & KeUlrrs the poment they arriv K frJCqo,re sovceign rights? .Had .n' Por to dispose of Vtove7nnes T "ad they even power VfT?1'-' handful f men , j nan? No, sir : the contemplation the; qaTOiSA , witchm an. - . . 4 . . ' ii i , , . ,, j . BRUNER & JAMES, - ! Editors 4 Proprietors, of the constitution no doubt was, that, in asmuch as this power was temporary, as U is applicable to unpeopled territory, and as that territory will become nnn.Urt gradually, insensibly, until it reaches a benefit of self government, in the riiean time it is right and proper that Congress, who owns the soil, should regulate the settlement of the soil, and govern ttie set tlers on the soil until those settlers acquire number and capacity to govern ihem selves. - 1 1 Sir, I will not further dwell upon this part of the subject; but I said; there is another source of Pjwer equally satisfac tory, equally conclusive in my mind as that which relates tohe territories;: and that is the treaty-making power the ac quiring power. Now, I put it to gentle men, is there not at this moment a power somewhere existing either to admit or ex' elude slavery from the ceded territory t It is not an annihilated power. That is impossible. It is a subsisting, actual ex isting power; and where does it exist? It existed, I presume no one will contro vert, in Mexico prior to the cession of these territories. Mexico could have a bolished slavery or introduced slavery ei ther in California or Mexico. Tha must be conceded. Who will controvertlthis position ? Well, Mexico has parted from the territory and from the sovereignty over the territory ; and to whom dicl she transfer it ? She transferred the territory and the sovereignty 6f the territory to the Government of the United States. ? The Government of the United States, then, acquires in sovereignty and in territory over California and New Mexico, ail! ei ther in sovereignty or territory, thatjMex ico held in California or New Mexico, by the cession of those territories. Siipdis pute that who can. The power exists or it does not ; no one will contend for its annihilation. It existed in Mexico.ll No one, I think, can deny that Mexico alien ates the sovereignty over the terrjjory, and her alienee is the Government nf th hUnhed States. The Government or! the United States, then, possesses all tbe pow er which Mexico possessed over the cfeded Territories, and the Government of the United States can do in referrence to them within, I admit, certain Jimitso5f the constitution-whatever Mexicb could have done. There are prohibitions upon the power of Congress within the constitution, which prohibitions, I adroit, must apply to Congress whenever she legislates, whe ther for the old States or for thenewfTer ritories; but, within those prohibitions, the powers of the United States over the ceded territories are co extensive and e qual to the powers of Mexicoin the ceded territories prior to the cession. J Sir, in regard to this treaty-making, power, all who have any occasion to ex amine into its character and to the possi ble extent to which it may be carried, know that it is a power unlimited h its nature, except in so far as any limitation may be found in the Constitution of the United States ; and upon this subject there is no limitation which prescribes the) ex tent to which the powers should be exer cised. I know, siiyit is argued thatjthere is no grant of power in the constitution in specific terms over the subject of slavery any where ; and there is no grant in the constitution to Congress specifically over the subject of a vast variety of matters upon which the powers of Congress may unquestionably operate. The major in, eludes the minor,. The general grant of power comprehends all the particulars and elements of which that power con sists. The power of acquisition by treaty draws after it the power of government of the country acquired. If there be a power to acquire, there must be, to use the language of the tribunal that sits be low, a power to govern. I think, there fore, sjr, without, at least for the present, dwelling further on this pan of the ub ject, that to the two sources of authority in Congress to which I have referredand especially to the last, piay be traced the power of Congress to act in the territo ries in question ; and, sir, I go to the ex tent, and I think it is a power in Congress equal to the introduction or exclusion of slavery. I admit the argument in both its forms ; I admit if the argument be maintained that the power exists taj ex clude slavery, it necessarily follows that the power must exist, if Congress choose to exercise it, to tolerate or introduce slavery within the territories. f But, sir, I, have been drawn off so- far from the second resolution not frorrf the object of it, but from a particular view of it that it has almost gone out of recol lection. The resolution asserts if That as slavery does not exist by law, and is not likely to be introduced intojany of the territory acquired by the United States from the Republic of Mexico, it is inexpedient for Congress to provide; by law either for its- introduction into of ex clusion from any part of the said territo ry ; and that appropriate Territorial Go vernments ought to be established by fcon gress in all of the said territory, no as signed as the boundaries of the proposed State of California, without the adoption of any restriction or condition on the sub ject of slavery." I : f; The other truth which I respectfully and with great deference conceive to ex- aim wuica is announced in this feso- S" KtXT A. CHECK UPON ALL FOUR ' irlr ' ( i RCLERS. f , DO THIS, ATO LtBEBTT IS SAFE." SALISBURY, N. C, TIJURSDAY, FEBRUARY 28, 1850. u ion, is, that slavery is not likely to be introduced into any of hese territories. Well sir, is not that a fact? Islhere a member who hears e that will lot con firin the fact ? Whk has occurred with- IUa ltSt ll?ree months? California, more than in an v. nthpr nnrtinn;inr .u cfded tetmory, wasjt most probable, if slavery was nAnnt . n months, Ca,fornia4eIf has dfclared, 71 unanimous vote of her Convention, against the introduce ion of slaverll within her limits. And, as I remarked on a for, mer occasion, this declaration was not confined to non slaveholders. There were persons from the slajreholding Stales who concurred in that declaration. Thus this fact which is asserted in the resolution is responded to by the act of California. lhen, sir, lfwe come down to thoslmoon tam regions which are to be fobnd in New Mexico, the nature of its soil and country, its barrenness, lis unproductive character, every thiijg which relates to it, and every thing which we hear of it and about it, must necessarily lead to the con clusion which I have mentioned, that sUvery is not likely to be introduced into them. Well, sir, if it be true that by law slavery does not now exist in the ceded territories, and that it is riot likely: to be introduced into the ceded territories if you, Senators, agree to these trutl, or a majority of you, as I am persuaded a large majority of you mus: agree them-lwhere is the objection or the difficulty to your announcing them to,the whole world ? Wtiy should you hesitate or faltertn the promulgation of incontestable truhs? Qn the other hand, with regard td Sena tors coming from the free States,! allow me here to make, with reference tb Cali fornia, one or two observations. ffWhen this feeling within the limits of yourfetates was gotten up ; when the Wilmottprovi so was disseminated through ther, and your people and yburselves to thatlbrovi so, what was the state of facts The state of facts at that time was, thjkt you apprehended the introduction of slavery there. You did not know muchl-very few of us.now know much about! these pry territories. Thpy were far istant frbm you. You were apprehensive that titrH m'leht h in,1"" there. You wanted as a protection to introduce the interdiction called the Wilmot proviso. It,was in this state of want of informa tion that the whole North blazed up in behalf of this Wilmbt proviso. If was under the apprension that slavery (night be introduced there that you left! your constituents. For when you camelfrom home, at the time you left your respective residences, you did hot know thefiactl which has only reached us since thejcoml mencement of the session of Congres thai a constitution had been unanimously a dopted by the people of California, exclu- wS ery from lhoir territory. l Well, now, let me suppose thai two years ago if it had bebn known in the free btates that such a cohstitotion woufd be aqopted ; let me suppose that it had been befieyed that in no other portion of these ceded territories would slavery be intro duced ; let me suppose that upon the great subject of solicitude, negro slavery! the people of the North had been perfectly satisfied that there was no danger!; let me also suppose that they had foreseen the; excitement, the danger; the irritation, thejresolutions which have been adopted by Southern Legislatures, and the mani testations of opinion by the people of the slaveholding States let me suppose that all this had been known at the North at the time when the agitation was first got up upon the subject bf this jWilmot! pro viso do you believe tht it would have ever reached the height to which it has attained ? Do any one of ybu belieVe it ? AndMf, prior to your departure fromlyour respective homes, you had bad an oppor tunity of conferring with your constituents Upon this most leading and important fact 4 of the adoption of a constitution exclu ding slavery in California4do you. not Relieve, Senators and Representatives coming from the free States, that if you had had the advantage of that fact told in serious, calm, fire side conversation with your constituents, they would not Jiave told you to come here and to settle all agitating questions without danger to this Union? ; r j What do you want? What dofyou want who reside in the free States ? jYou want that there shall be no slavery intro duced into the territories acquired from Mexico. Well, have not you got it in California already, if admitted as a State ? Hare not you got it in New Mexico, in all human probability also ? What more do you want ? You have got whit is worth a thousand Wilmot provisos. You Have got nature itself on your side. You Have the fact itself on your side. You have the truth staringyou in the face that rio slavery is existing (here.! Well, if you are men ; if you can rise from the inud and slough of party struggles and elevate ourselves to the height of patriots, what Will you do ? You will look at the fact as it exists. You will say this fact Avas unknown to my people. You will say, they acted on one set of facts, we have got another set of facts here influencing us, tind we will act as patriots, as responsible men, as lovers of unity, and above all of ueinaustrial pursui s of the inhabitants, that slavery would hkve been introduced ? let, within the sokce bf ihrlu iv, this Union. We will act on the altered set of facts unknown to our constituents, and we will appeal to their justice, their honor, their magnanimity to concur with us on this occasion,! for establishing con cord and harmony j and maintaining the existence of this glorious Union. Well, Mr. President, ltbink,entertaioing these views, lEat, there waS nothing extravagant in the bopefin which I indulged at the lime tbes resolutions were prepared and offered nothi irrg extravagant in the hope that the North might content itself even with striking out as unnecessary these tWo declarations. They are unnecessary for any purpose the free States hate in view. At all levents, if tbey should in. sist upon Congress expressing the opinions which are here asserted, that, at all events, they should limit their wishes to the simple as. sertioa of them, without insisting on their he. ing incorporated in any Territorial Government which Congress may establish in the Territo. ries. I pass on from the Second resolution to the third and fourth, which relate to Texas; and allow me to say, Mr. President, that I approach the subject with a full knowledge of all its dif. Acuities; and, of all the questions connected with or growing out of this institution of slave, ry which Congress is called upon to pass upon and decide : there are none so difficult and troublesome as those which relate to Texas, because, sir, Texas has a question of bounda. tj to seju, and a question of i slavery, or the feelings connected wiih it run into the ques. tion of boundary. The North, perhaps, will he anxious to contract Texas within the nar rowest possible limits,: in order to exclude all beyond her to make it a free i territory ; the South, on the contrary, may be anxious to ex tend Ihese limits to the sources of the Rio Grande, for the purpose of creating an addi. tional theatre for slavery; and thus, to the question of the limits Of Texas, and the settle, ment of her boundary, the slavery question, with all its troubles and difficulties, is added, meet ing us at every step we take. There is, sir, a third question, also, adding to the difficulty. By the resolution of annexa". tion slavery was interdicted in all north of 36 30'; but of New Mexico, that portion of it which Jies 36 30' embraces, I think, about one.lbirdVof the whole of New Mexico east of the Rio Grande ; so that you have free and slave territory mixed, boundary and slavery mixed together, and all these difficulties are to be en countered. And allow me to sayi sir, that among the considerations which induce me to think that it was necessary to settle all these ques lions, was the state of things that now exists in New Mexico, and the state of things to be apprehended both there and in other portions of the Territorial. Why. !r. at thi moment and I think 1 shall have the concurrence of the two; Senators from that State when I an nounce the fact at this moment there is a feeling approximating to abhorence on the part of the people of New Mexico at the idea of any union with Texas. vMr-RtJSK. Only, sir, on the part of the office-seekers and army followews who have settled there, and attempted to mislead the peo pie. Mr. CLAY. Ah ! Sir, that may be, and I am afraid that Mexico is not the only place where this class composes a majority of the whole population ol the country. Laughter. Now, sir, if the questions are not settled which relate to Texas, her boundaries, and so forth, and to the territory now claimed by Tex as and slisputed by New Mexico the territo. fries beyond New Mexico which are excluded from California if the questions are not set tied, I think they will give rise to future confu sion, disorder, and anarchy there, and to agita tion here4 There will be, I have no doubt, a party still at the North crying out, if these questions are not settled this session, for the Wilmot Proviso, or some other restriction up. on them, and we shall absolutely do nothing in my, opinion, if we do not accommodate all these difficulties and provide against the recur rence of all these dangers. Sir, with respect to the state of things in N. Mexico, allow me to rail the attention of the Senate to what I consider as the highest au thority I could offer to tbm ; tu the state of things tnere existing. I mean in the acts of their Convention, unless that Convention hap. pens to have been composed altogether of office seekers, office-holders, and so forth. Now, sir, I call your attention to what they say in de picting their own situation. Mr. Underwood, at Mr. Clay's request, read the following extract from instructions as adopted by the Convention, appended to the journal of the Convention of ihe Territory of New Mexico, held at the city of Santa Fe, in September, 1849 : " We, the people of New Mexico, in Conven. tion assembled, having elected a Delegate to represent this Territory in the Congress of the United States, and to urge upon the Supreme Government a redress of our grievances, and the protection due to us as citizens of our com mon country, under the Con-titution, instruct him as follows : That whereas, for the last three years, we have suffered under the paralys ing effects of a government undefined and doubt, ful in its character, inefficient to protect the rights of , the people, or to discharge ihe high and absolute duty of every Government, the en forcement and regular administration of its own laws, in -consequence of which, industry and enterprise are paralysed, and discontent and confusion prevail throughout the land. The want of proper protection against the va rious barbarous tribes of Indians that sur round us on, every side,! has prevemed the ex tension bf settlements Upon our valuable pub lic domain, and rendered utterly futile every attempt tp explore or develop the great resour ces of the Terrtory. Surrounded by the Ulahs, Camanches, and Apaches on the north, east, and south, by the Navejos on the west, with Jicarilla within our limits, and without any adequate protection against their hostile in roads, our flocks and herds are driven off by thousands, our fellow. citizens, men. Women, and children, are murdered or carried into cap liviijr. Many of our citizens, of all ages and NEW SERIES. VOLUME VI NUMBER 48. sexes, are at this moment suffering all the hor rors of barbarian bondage, and it is utterly out of our power to obtain their release from a con- dition to which death would be preferable. The wealth of our Territory is being diminish, ed. We have neither the means nor any adopt ed plan by Government for the education of ihe rising generation. In fine, with a government temporary, doubtful, uncertain, and inefficient in character and in operation, surrounded and despoiled by barbarou foes, ruin appears inev. itably before us, unless speedy and effectual protection be extended to us by the Congress of the United States." There is a series of resolutions, Mr. Presi. dent, which any gentleman may look at. if he chooses; but Tlhink it is not worth while to take up the time of the Senate in reading it. That islhecondition,sir,of N.Mexico. Well, I suspect that to go beyond it, to go beyond the Rio Grande to the territory which is not claim ed by Texas, you will not find a much better state of things, la fact, sir, I cannot for a mo ment reconcile it to my sense of duty to suffer Congress to adjourn without an effort, at least being made to extend the benefits, the blessings of government to those people who have recent ly been acquired by us. Sir, with regard to that portion of New Mex ico which lies east of the Rio Grande, undoubt edly, if it is conceded to Texas, while she has two parties, disliking each as much as those office holders and office seekers alluded by the Senator from Texas, if they possibly be drawn together and governed quietly, peaceably, and comfortably, there might be a remedy, so far as relates to the country east of the Rio Grande; but all beyond it Deseret and the north of California would be still open and liable to all the consequences of disunion, confusion, and anarchy, without some stable government ema nating from the authority of the nation of which they now compose a part, and with which they are but little acquainted. I think, therefore, that all these questions, difficult and trouble some as they may be, ought to be met ; met in a spirit of candor and calmness, and decided upon as a matter of duty. Now, these two resolutions which we have immediately under consideration propose a de cision of these questions.' I have said, sir, thai there is scarcely a resolution in the series which I have offered that does not contain some mutual concession or evidence of mutual for bearance, where the concession was not alto gether from the non-slaveholding to the slave holding States. Now, with respect to this resolution propos ing a boundary for Tefas, what is it ? We know the difference of opinion which has exist ed in this country with respect tp that boundary. Wo know that a very large portion of the peo ple of the United States have supposed that the western limit of Texas was the Nueces, and that it did not extend to the Rio Grande. We know, by the resolution of annexation, that the question of what is the western limit and the northern limit of Texas, was an open question that it has been all along an open ques tion. It was an open question when the boun dary was run, in virtue , of the act of 1838, marking the boundary between the U. States and Texas. Sir, at that time the boundary au thorized by the act of 1833, was a boundary commencing at the mouth of the Sabine and running up to its head, thence to Red river, thence westwardly with Red river to, I think the hundredth degree of west longitulde. Well, sir, that did not go so far as Texas now claims ; and why ? Because it was an open question. War was yet raging between Texas and Mex ico ; and it was not foreseen exactly what might be herult imate limits. But, sir, we will come to . ihe question of what was done at the time of her annexation. This whole resolu tion which relates to the question of boundary, from beginning to end, assumes an open bound ry, an unascertained, unfixed boundary to Tex as on the west. Sir, what is the first part of the resolution ? It is that " Congress doth con sent that the territory properly included within and rightfully belonging to the Republic of Tex as, may be erected into a new State." Properly included in rightfully belong to. The reso. lution specifies no boundary. It could specify none. Jt has specified no western or northern boundary for Texas. It has assumed in this state of uncertainty what we know in point of fact e listed. But the the latter part of it : " Said State to be formed subject to the adjust, ment of all questions of boundary that may arise with other Governments, and the constitution thereof," &c. That is to say, she is annexed with her rightful and proper boundaries, with out a specification of them ; but inasmuch as it was known that these boundaries at the west and the north were unsettled, the Government of the United States retained to itself-the pow er of settling with any foreign nation what the boundary should be. Now, sir, it is impossible for me to co into the whole question and to argue it fully. I mean to express opinions or impressions rath er than to go into the entire argument. The Western and northern limit of Texas being un settled, and the Government of the U. Slates having retained the power of settling it, I ask, suppose the power had been exercised, and that there had been no cession of territory by Mexico to the United States, but that the nego tiations between the two countries bad been limited simply to the' fixation of the western and northern limits of Texas, could it not have been done by the United States and Mexico conjointly ? Will any one dispute it ? Sup pose there bad been a treaty of limits of Tex as concluded between Mexico and the United States, fixing the Nueces as ihe Western limit of Texas, would not Texas have been bound by it ? Wrby, by the express terms of the res olution she would have been bound by it ; or, if it had been the Colorado or the Rio Grande, or any other boundary, whatever western limit had been -fixed by the joint action of the two Powers, would have been binding and obliga tory upon Texas by the express terms of the resolution by which she was admitted into the Union. Now, sir, if Mexico and the United States conjointly, by treaty, might have fixed upon the western northern limits of Texas, and if the United States have aquired by treaty all the subjects upon which the limits of Texas might nave operated,-have not the' U. Stares now the power solely and exclusively. which Mexico and the United States conjointly pos sessed prior lo the late treaty between the two countries ? It seems to me, sir, that this con elusion and reasoning is perfectly irresistible. If Mexico and the United States could have fix. ed upon any western limit for Texas, and did not do it, and if ihe United States have acquired to themselves or acquired by the treaty in ques. lion, all the territory upon which Ihe western limit must have been fixed, when it was fixed, it seems to me that no one can rei$l the logi cal conclusion that the United States now have themselves a power to do what the U. States and Mexico conjooitly could have done. Sir, I admit it is a delicate power an ex. tremely delicate power. I admit that it ought to be exercised in a spirit of justice, liberality, and generositr towards this thn rv,.n-.i mm ber of the great American family. Bul here the power is. Possibly, air, upon that qaestion however I offer no positive opinion posst. bly, if ihe United States were to fix it ia a way " unjuit in the opinion of Texas, and contrary to her rights, she might bring the question before the Supreme Court of ihe United States, and have it ihere again investigated and decidedi--I say possibly, sir, because I am not one of the class of politicians who believe that every quesiionis a competent and proper question for the Supreme Court oCthe U. States. There are questions too large for any tribunal ot that kind to try ; great political questions, national terri. -tonal questions, which transcend their limits; for such questions or not, I shall not decide; but I will maintain that the United Slates are now invested solely and exclusively with that power which was common to both nations to fix, ascertain, and settle the western and north, em limits of Texas. Sir, the other day my honorable friend who represents so well the State of Texaa, said that we had no more right to touch the limits of I exas than we bad to touch the limits of Ken tucky. I think that was the illustration he gave us that a Slate is one and indivisible, and that the General Government has no right lo sever jt. I agree with him, sir, in that ; where the limits are ascertained and certain, where they are undisputed and indisputable. The Gener al Government has no right, nor has any other earthly power the right, to interfere with the limns of a State whose boundaries are thus fix ed, thus ascertained, known, and recognised. 1 he whole power, at least, to interfere with it is voluntary. The extreme case may be put one which I trust in God may uever happen in this nation of a conquered nation, and of a constitution adopting itself to the s'ate of sub. jugation or conquest to which it has been reduc ed ; and giving up whole States, as well as parts of Slates, in order to save from the con queriog arms of the invader what remains. I say such a power in case of extremity may ex. ist. But I admit that, short of such extremity, voluntarily, the General Government has no right to separate a Stale to take a portion of its territory from it, or lo regard it otherwise than as integral, one and indivisible, and not to be affected by any legislation f ours.- But, then, I assume, what does not exist in the case of Texas, that these boundaries must be known, ascertained, and indisputable. With regard to Texas, all was open, all was unfixed; all is uufiied at this moment, with respect to her lim its west and north of the Nueces. - But, sir, we gave fifteen millions of dollars for this territory that we bought, and God knows what a costly bargain to ibis now distracted country it has been I We gave fifteen millious of dollars for the territory ceded to us by Mex ico Can Texas justly, fairly, and honorably come into the Union and claim all that she has asserted a right towithout paying any portion of the fifteen millions of dollars which consti tuted the consideration of lbe grant by the ce ded nation lo the United States 7 She propo ses no such thing. She talks, indeed, about the United States having been her agent, her trustee. Why, sir, the United States was no more her agent or her trustee than she was the agent or trustee of the whole people of the U nited States. Texas involved herself in war (I mean to make this no reproach none none upon the past) Texas brought herself into a state of war, and, when she got into that war, it was not the war of Texaa and Mexico, but it was the war of the whole thirty United States and Mexico ; it was a war in which the Government of the United States, which crea ted the hostilities, was as much the trustee and agent of the twenty-nine other Stales compos, ing the Union as she was the trustee and agent of Texas. And, sir, wiih respect lo all these circumstances such, for example, as a treaty with a map annexed, as in the case of the re. cent treaty with Mexico; such as the opinion of individuals highly respected and eminent, like the lamented Mr. Polk, late President of the United States, whose opinion was that he bad no right, as President of the United States, or in any character otherwise than as negotia ting with Mexico and in thai the Senate would have to act in concurrence with him that he had no right to fix the boundary ; and as to the map attached to the treaty, it is sufficient- to say that the treaty itself is silent from begin ning to end on the subject of the fixation of tho boundary of Texas. The annexalioa'of the map to the treaty was a matter of no utility, for the treaty is not strengthened by it ; it no more affirms the truth of any thing delineated upon that map in relation to Texas than it does any thing in relation to any other geographical sub ject that composed the map. Mr. President, I have saidthat I think the power has been concentrated in the Govern ment of the United Slates to fix upon the limits of the Slate of Texas. I have said also that this power ought to be exercised in a spirit of great liberality and justice ; and I put it to you, sir, to say, in reference lo this second resofu tion of mine, whether that liberality and justice has not been displayed in the resolution which I have proposed ? In the resolution, what is proposed ? To confine her to ihe Nueces 1 s No, sir. To extend her boundary lotbe mouth of the Rio Grande, and thence up that river lo the southern limit of New Mexico ; and thence along that limit to the boundary between the United States and Spain, as marked under lbe treaty of 1819. Wy, sir, here is a vast coun try. I believe although I have made no esti mate about it that it is not inferior in extent of land, of acres, of square miles, to what Tex as east of the river Nueces, extending to the Sabine, had before. And who is there can say with truth and justice that there is no recipro city, no mutuality, no concession, in this reso lution, made to Texas, even in reference to the question of boundary alone 1 You give her a vast country, equal, I repeat, in extent nearly . to what she indisputably possessed before ; a country sufficiently large, with her consent, hereafter to carve out ot it seme two or three ! additional States when the condition of the' population may render it expedient to make new Stales. Sir, is there not in thjs re sola- fi Hi .. ii 1 ' t -i f I m f i f '.)'. ! ' V in. .' ;i ; r t f t I I : "iii. r n 1 1 5 ( 1 Ml If.1 r ! 4 - sr i !' 'tii ill' w i 1 i 'i i .