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,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-
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