Georgia Historic Newspapers

    vSk.
commercial taw* of the country to soil
the stipulation* of the treaty. Tlic
President could hot bfcvc enforced the
rights ifcqreti to. British' subjects
under that treaty l»y «" executive or
der; nrjihrr can.the present President
fulfill the existing «»bligati.»o to . pay
Mexico the bnlsi.ee of what is doc her
of the twelve millions, without the con
currence of Congress. , No idea could
be more erroneous than to suppose, be
cause n treaty is llie law of the land,
that the President can of liimselfossume
the fulfillment of its obligations when
there is any consutrftjonal power in the
General Government to coerce one of
the Slates-of the Union* This is a
question I do. mu ouw wish To dUcuss,
It »*-' notutow before-us. L - a bill be
luought to to Confer lhif power on the
President, tlicn I shall meet it. That
was the distinct question. presented in
1833 between this Government and the
State of South Carolina. The position
assumed by*Mr. Fillmore is far outside
ofi|jata«su«ied'ByG'cn. Jackson. Gen.
Jackson seems never.to have *1 reamed
of relying imi the act# of;1795 and 1807,
the fulfillment M« ootigaiions wncn yv-e; y,T—r J
.,<4 re«t u,xm him; .l.liougl. Ih.rc wnuhl Hava b«n much
Mow, bill upon tl» Governfm*nl in nil 1 inure reasn/, for V* .lores eo in ibal case
ilrnnriniei.il—Iroialoiivc.ju.licialniid ilian ibe |irricm Cbitj Magiilrale, uubc
ecu!ive? lC Anil. Ibal U care,.,.™ Ue Imf.irc ns.^or.'iriSouib Cnrulina
fore u». The oMimlirei. nf ihi»|lhcrc were reyrtiueaniT jadiciary lawi
executive,
before us
treaty.a* to the rights of “ Itlicrty, pro
perty, and religions,’* on the part ol the
Li‘ ■ . ■ ..«!.* r»i.lnnI
Ue^o.,.; rest not upon the President
alone, but upon the Government of the
United Slates. The law-baling, the law
force. And in case their execution
had been obstructed, there would have
been much more justifiable ground for
calling out the military force than there
is in this case, when there is no law to
^^udiug. -rail the laio-txecutsug jnnrwi ]«bflruct, and.nn judiciary in appeal to.
iJulu. The law-making power man;m llic Sr.l reliance. Bat Gen. Jack-
11 r.l .peak. U« defining rigbl. and | Ji.ncan.e40 Cnngre.. with a message,
wrong, inii.t Ik- fir.l pa..ed. Boon, and asked an amendment of the law.
must also lie in.lilulcd in expound ihnsc j providing lor ilia collection or tire rev-
law,, and marshals most ire duly ap- enue. lo meet.Ire emergency created
pointed 10 execute their mandates.— by the ordinance and law, of South
And if the execution id the low. thus Carolina. And he further asked an
paued be npimicd by cnmlmialions too amendment- of the law, providing for
powerful to be suppressed l.y the nrdi- the collection of the revenue, to mecl
nary course nf judicial proceeding, thus the emergency created by the ordinance
established, /Asa. and not till then, would nnd lows of Sirelb Carolina. And be
Ibe President be justified under existing tiirjlrer aakeiknit aincr^mpnl nf the acta
laws, to resort to the military force for of 179* and 1SU7, ai »rtn give him full
the protection nf the right* secured by power to call., to hi. aid the military
that article ot the treaty. Bv the Con- forces of the Country in case the prdi-
,citation of ibo United Slates it it ex- ciary should prove unable to exccoie
pressly provided, that cases arising un- the amended laws by reason ot resist-
der fra tries, shall be determined by the once to its process or judgments. In
judiciary. The military, in this man- accordance with his views, the act (well
try, by no Inw in your statute book, known' us the force hill) was passci.,
can lie called out in lime nf peace but which expired by its own limitation
in aid of the execution i.r the laws in twelve months from ns dale. 1 he ct
the channels nf the conns, or in assis- stituljonality of that act waa very much
tance of the marshal in the discharge ouestionc.l by many at that lime. But
of powers vested in them by law. If that is not the matter l am now discuss-
tbo President, therefore shall, in the con- tag. It is not even whether Gen. Jack-
tingency he apprehends, use the milila- son, without that net, could have exer-
rv forces at his command against the ctscd all the powers it conferred nn him,
authorities of Texas, it will be without but it is, whether the President shall
authority of fow. a daring usurpation of make hi, own judgement ot the rights
power, and a gross violation of the of the treaty, without any judicial tn-
Constitulinn of the United Stales. vestigntion, the low of tho land, and
Mr. Chairman, one of the surest, safe- use the military force to carry that
nuards of public liberty is that in lime private judgement ol bis into execution.
Sr pence die military shall be sohordi- It is simply, whether we are to be an
nate to the civil authority. And one or der military rolo or a government or
the gruvcsl chntges brought against the laws.
V! .f I'nolnnrl !n flint lftniT lltgl nf
other State or States as- may be applied for, as he*
say judge sufficient to suppress such insurrection.”
These people, il ls, well known,-re
side within the limits of Texas accord
ing to the boundaries prescribed by her
own laws. The law. of boundary of
that State ' the President is as; much
bound to inspect and have enforced ns
any other law of Texas, or any oilier
State, or any law of the United States,
unless it be inconsistent with the: Cntre
stitution ol the United States or some law
treaty to the Uniled States. - I repeat,
sir, the President is as much bound in
regard all constitutional laws of the re-’
s'pective Stn'tes as he is the laws of the
United States. And if cnlleil upon ii
pursuance of .the act of 1795, Just read,
he is as much bound to assist a State in
patting down resistance to the execution
of any-of her consiition.nl laws, as lie is
to see to the execution ol the laws of the
United States. '* And, as it is a question
which lie cannot decide, he is bound to
gard the laws of Texas, whether de
fining her boundary or extending her
jurisdiction, as valid, unless it comes in
conflict with the Constitution, —
tain that Texas and the United : States i disaffected seel
stand towards each other upon this sub- United States,
iect now just as they would have stood i with force, let the consequences be what
...... i—.t uaiiuv loon wnnpil ami thevmav. And no man need delude
or the army of the
should meet force
the laud? Can the President rightful
■ ly order the army to shoot citizens of
tins country in lime of peftec, who’are
guilty of no crime, or a violation ot no
law or treaty of the United Stales.—
Now, sir, is there anything in this law
of Texas inconsistent witlflhelate treaty
with Mexico?
I do not intend how to go into a dis
cussion of the Texas boundary. I did
this a few days ago. I do not now
wish to repeat what 1 then said. T will
barely enumerate some of the points.
tnavbMbn. And 1 here, in the pi
. broad day, that I will
knowledge allegiance to no Government that ptits
the property of the people to which I belpne out of
the pale of the law,and which attempts to fix pub
lic odium and reprobation upon.their social order
and civil organisation. When that day comes, if
it ever does, “down with the Government” will be
my motto and watchword. When Ixm outlawed
by you, I chall become your implacable enemy.—
I shall never kiss the rod that smites me And
no people who do not deserve to be scoffed at,
trampled upon, and kicked by their oppressors,
will. I told you that we might as well talk plain-
ly upon this subject, and I intend to do it. And it
is for you now, who have nothing nn your lips but
‘txnion,” if you are in earnest in your professions,
to come forward and assist in devising the ways
and means of sustaining it. I have
“V—’ —v— . . / ,« • , c . e occasion given *
gave this Government no power to be- colonial wrongs, than the first rear of
come the assignee of Mexico. The Feileral artillery m such a cause, at San-
only power conferred was to extinguish ta he, will start to arms at this time,
ihe outstanding claim. This Govern- , every true hearted man south of Mason
meat assumed the character of an um-! and Dixon’s line. The former was the
pire. She had power to settle the dis- beginning of one Revolution, and it
pute as a disinterested person, but not,will be for those to whom the destimies
to become a party to the controversy.—, at this Republic are now committed.
She had no power to purchase the out-1 to take care that the latter may not be
standing claim, and to become the as- | the commencement of another. 1 he
signee thereof. And it she had so par-1 people in the slaveholding Stales ot this
if the war hail never been waged and they tnay. And no man need delude
Mexico had never disputed ter claim, liimselt with the opinion, that iu such
The gentleman, I trost, understands a conflict Texas would be alone. 1 have
me. and leels fully'answereil. lately, expressed the opinion that “ tAe
Mr. elevens of Pennsylvania, asked first Federal gun that shall be fired against
if it was not competent-for Mexico to the people of Texas without the authority
assign her interest in the disputed ter -of lawutUl be a signal for the freemen from
riiory to the United States, and whelh- the Delaware to the Rio Grande to rally to
er the United Slates, under the treaty, the retew.” And I repeat the sentiment
was not the assignee nr that interest ? here this day. The clangor of battle
Mr. Stephens of Georgia conlinned. at Concord, Lexington, and Bunker
No, sir. In the articles ol Union lie- Hill, did not more magically arouse
tivecn Texas and the United Stales, or every friend ol his country, from Mas-
the resolutions of annexation. Texas sachnsett* to Georgia, in the time of
It iiyi terordong a
__ familiar to
how freedom is lost and how free-
- - • ‘ — 5 - the pres-
Umn those upon- which it was formed. All free
governments are the creatures of volition—a breath
can make them and a breath can destroy them.—
This Government is no except ion to the rale. And
when once its .spirit shall have departed, no power
on earth can ever again infuse in it the Promethe
an spark of life and vitality. You might just as
weirattempl to raise the dead.
Mr. Chairman, when l look to Hie causes which
lie at the bottom of these differences ol opinio
tween the North and the South, and out of which
this agitation springs; when I look at their char
acter, extent, i
, ^and* radical nature—entering, as
they necessarily do, into the very organization of
society with -us, I must confess that unpleasant
apprehensions for the future permanent pence and
quiet of the different States of this Union force
themselves upon my mind. I am not, however
disposed to anticipate evil by indulging, those ap
prehensions unless compelled to do so. It may be
"formerj that we ma y ’> avcl,,e secJl * °* dissolution in onr
mv view, upon the .object ol our n .° ,*5 ”
differences, .od I intend to repeat them before I «■* us m our bodies the seed, ot death
close: but I have not yet heard anything from
those who compose the majority in this House of a
conciliatory character. If your only reliance for
harmony, peace, and union -is force, come out and
if you have any plan of conciliation,
chased'it, her rights would have been
invalid, and the purchase would have
inured- immediately, according to the
well settled principles of law, to Texas,
her cestui que trust. But, sir, the treaty
slows that she did not attempt to take
an assignment r»f the interest of Mexico
in the disputed territory’and to pat her
self |ni the-shops of Mexico in this mat?
You and this House well recollect that j tei. 'There arc no such words, no such
I do not consider the question now as it, such clause, no such intent to be found
stood before the war. Texas, as an ; from the beginning to life end of that
independent State, was annexed and treaty, and no such construction can be
admitted into the Union with such terri-! pul upon it with committing ns great an
lorial limits as belonged to her at that outrage upon the English language as
time. Her rights were founded alto-'some men^seem disposed to commit
gether upon the right 61 successful rev
olution, and their extent, in my opinion
then, was to the limits over which she
had established her jurisdiction. Her
limits were such as she had success-
discuss-. fully marketbby the sword. 1 did not
then believed nor do I now believe, that
upon what I now consider to be the
disputable constitutional right of Texas.
These rights have, in roy judgment been
thus indisputably established by the
action or this Government.
I do not intend now. to speak of the
policy which governed the public
complished upon .. . ^
pies. I am also for making a clean business of if
I am for no partial arrangement. If we aim at
peace, let ns have no temporary truce, but perma
nent quiet and repose. . This, in my opinion, can
only be done by a. settlement of all the questions
growing out of those territorial acquisitions upon
liberal and proper terms. What are such terms ?
This is the practical point for ns now to consider.
The gentleman from Pennsylvania [Mr. Wil-
moi] said the other day, that these agitations would
never cease until the Sonth ceased her endeavors to
force the General Government to conform its policy
to their sectional views and interests. This was
the purport of his remarks, if I heard him coirect-
!y. In this he virtually charged that, those agita
tions came from Use South, and without just cause.
Aqd the correctness of this accusation I deny.—
When, let me ask Uiat gentleman, did the South
ever attempt to control the section of this Govern
ment for the promotion of h*r peculiar interests ?
When did she ever ask this Government to pass
any law for tho promotion of her interests? The
North has repeatedly asked for tanff acts, upon
she hail thu, established her juri.dic- | cil* at that lime. It is known lhnt I op
tion to the extent of her claim. But i posed it to the utmost of my ability.—
tho settlement of her boundary with i But what wa» done then cannot be on-
Mexico, was reserved lor this Govern-i done now. We have heard a great
mem. And this Government without | deal for some yenrs past of tho odium
waiting for peaceful negotiation, pro- j of repudiation. Arid strange to say, the-
ceeded by force of arms to assert her very men who have been loudest in their
rights to the extent of her claim. The j denunciation ngainsl particular Stales
then President,Mr. Polk, maintained that who failed for a lime to fulfill their pnb-
her proper-boundary rightfully extend- j lie engagements, are now the loudest
ed to the Rio Grande from its mouth to j in their clamors for a total disregard of
its source; and this position was main-, the pledged faith of the Union. .These
tained in the act of declaring of war,; are the men, also, who are pleased to
by large majorities in both branches ofj assume to themselves the title of con-
Congress. It did not receive my vote, I -ratlin:- Sir, it I know anything of con-
for 1 did not believe it to be true. But j scrcatism. it is that principle which sns-
it received the sanction of this Govern- tains the supremacy, of the law, which
tnenl in both the executive and legists- 1 maintains the rights of all parties under
live departments. The Government ■ the law, and which never abandons the
of tho United Slates, therefore. I con- ! public faith, when once constitutionally
King of England in that long list of Tho President says that the question
aboset of power enumerated in our Do- ot Texas boundary is one that he -
claration ..r Independence, nnd which not decide. In this opinion I rally
lost him tho American Colonies, was cur. This is a matter he has no more
that of quartering troops in the colonics power to decide than you or 1. Anti
without the consent of tho Legislatures, until it is determined by agreement be
am) ol rendering •• tho military inde- tween this Government and Texas, or
pendent nf, and superior to. the civil by judicial proceedings, it is beyond his
riower.'’ Sir, this principle dates back province to give even an opinion one
anterior even to that. It constitutes the way or the other. Bel how he can as
sent and spirit of Magna Cbarta itself, sumo to say that tho Mexicans on this
The old barons or England at Runny- side of the Rio Grande nre not within
mode, in Ml*, achieved for themselves, those limits over which Texas can
their nation and mankind, no greater rightfully extend her civil jurisdiction,
or more important principle than that without ol the same Ume undertaking
which compelled King John to grant to decide the question of boundary. I
that fo a» time to come within hi. “‘’"nil'nt.fomy Tod^re I vdndica.inn of .he right, ofTexns M
TEjforewasMB*. wWwfa^HS-Ajr irreconcilable. If any man con show j tend her jurtsdiet.on^ander : ber_Uws
nssessal, nr putUnoed. or in mnn tony destroyed; how be can any to 1 exas,
_ wi/I A* conJimmHM, nor will ks commit lam to „ ou ma y go ami no further,
frison,*xcepting by iheUsnl judgment tf his yeers, ,j ec jji n rtr the question of^her boundary, | ordered to take a position
- *» *.««»if *■< <«*■ » jho „iJ like m hear him. That is cer- bank of the Rio Grande. The war
This principle has remained onshnk- . . a dici , ioI1> nn a „ mnn emphatic, was the consequence. And now I ask,
enmEnglnml fiir upwards of six ban- deci / ion of ltie qneJ tioa. Ii is n deci- ! if there is anything in the treaty that
.Imi years. Onr ancestor, brought .1 . q - m , he , aW ,^, nrl lo ^ „«. culc d by ' was made at the end of that war in-
with them to this western continent.— fnre(j Am| mnr( , 0 , ei . t it is nn Execu- 1 consistent with those laws ol Texas
The framer, of our constitution repro- tive ,i ec i s i„ n ’ without color of nulhori-1 which the war was commenced to en-
•luced H, somewhat modified to form. Nothing else can lie made ol it. | force? So far from H, the treaty af-
bnt the same inspirit nnd substance, » , h £ ,hat.the United firms the bomidsry to be the Rio Grande
m that great charter of power by which „ > | e jj in territory up to the corner of New Mexico on ihe
.very officer of .h .Gnvcrnment.. .m- S„ n .To„ o^he war, and ,h7. oSier aide of the Rio Grande-then
tied and controlled, The fifth article . dot f ,| 1C PrcsidcnJ, as com- turning westward—leaving so Tesas,
oftlie Constitution of tho United States n)an ,| cr .i n -chicf, to keep them there without tho slightest restriction, all the
provides that— and lo hold possession of the country; territory claimed by her. And, more-
No perron •hzll be dd’prirfd of Jife, liberty, ° r them ngainsl any interference nn
»r is * f * ,cxn ** Unl1 ^ i bou ^ <lnr y
Union cannot mistake this question.
They understand perfectly well that
nothing would ever have been heard of
this doctrine, of its being the duty of
the President to maintain the possession
of the Uuited States over this country
against Texas, if it had not been that
Texas is a slave State. We have heard
nothing of it jn California, or Utah, or
New Mexico, ’the other side of the Rio
Grande. We have heard nothing. of
the obligations of the treaty securing
“life, tiberty. and religion,” to those
Mexicans who have fallen within the
dominions of the Mormons, or who have
become a prey to the savages that roam
over the immense tracts of country
between the Del-Norte and the Pacific.
No. sir; we have heard nothing ol these
obligations of the treaty, and this doc
trine of holding possession by force or detriment to other sections. Bnt wl
without authority of law, saving in that
comparatively small portion^of the Ter
ritory lying east ot the Rio Grande,
which falls within the prescribed limits
ot Texas. “Liberty, property and
religion,” stand in no need of protec
tion amongst the mixed and motley herd
who have flocked to California from all
nations and climes—these sacred rights
are perfectly safe amongst Mormons and
savages. It is only in slaveholding Tex
as that they need protection. Now, sir,
I say there is no^ mistaking the issue—
And I tell vou, the people of the South
will meet it, aud thty will , meet it as
freemen “ who know their rights, and
knowing them, dare maintain them.”
Mr. Chairman, it gives me no pleas
ure to speak in this language. I do not
wish to he understood as picturing
: state of things which would afford t;
iy gratification to behold. I am but pro-
which will certainly do their work at the allotted
time. But because we are all conscious that we
mnst die, it does not follow that we should hasten
the event by an act of snicide. We have the bu
siness, duties, and obligations of life to discharge.
So with this Government. Because 1 may have
serious apprehensions ot the working of causes
known to exist, I do not conceive it therefore to be
in the tine of duty to anticipate the natural, effects
of these causes by any rash o
. unjustifiable act.
n disposed rather to hope for tho best, while 1
feel bound to be prepared tor the worst. Whit is
really to be the future fate and destiny of this JRe-
public is a matter of. interesting speculation ; 6uV*
I am well satisfied that it cannot last long, even if
the present differences be adjusted, unless these
violent and bitter sectional feelings of the North
be kept ont of the National Halls. This is a con-*
elusion that all must come to, who know any
thing of the lessons of history. But our business
to-day is with the present, and not the future;
and I would now invoke every member of this
House who hears me, with the same frankness,
earnestness, and singleness of purpose with which
I have addressed them throughout these remarks,
to come up like inen and patriots, and relieve the
the dangerous embarrassments by
funded. It is a duty
represent.
the Sonth have often voted for such measure!
when presented and urged by the North—not be
cause the Soutli was particularly interested in
them, bnt because the North was, and they were
willing to advance the interests of the North, when,
in their opinion, they could do so without injury
South ever invoke the
for its exclusive benefit? I ask for the instance
to be named. I recollect but one, and that
passage of a law more affectnally
^ # secure the
rendition ot fugitives from labor; which is onr
v-m . _„,t right expressly guarntied under the Constitution-:
Liberty, property and thi f JOU n3 AnJ how „
upon this very territorial question which is now
the source of the excitement, which the gentleman
from Pennsylvania says will never be allayed
the South ceases her endeavors to gain an unjusti
fiable control over the action of the Government?
How does this case stand ? Who ii
tempting to control the policy of the Government
to carry out their sectional views and purposes ?
A pnblic domain has been acquired by the cor
mon blood and common treasure of ail, and the
South, who is charged with endeavoring
trol the Government for their purposes, asks noth
ing but that the common territory which is the pub
lic property, may be opened to the entry and settle
ment and equal enjoyment of all the citizens of
every part of the Republic, with their property of
every description; while it is the North
which
we owe to ourselves to the milli .
and to the whole civilized world. To do* this, 1
tell you again, there must be concessions by the
North as well as the South. Are yon not pre
pared to make them ? Are your feelings too nar-
—id restricted to embrace tho whole country
deal justly by all its parts? Have you
formed a fixed, firm, and. inflexible determination
. . m this House by numerical
strength, and then enforce them by the* bayonet ?
If so, you may be prepared to meet tho .conse
quences of terms—if you continue “ deaf to the
voice of that spirit of justice, right, and equality
which should always characterise the deliberations
if statesmen, I know of no other alternative
that will be left to the people of the South,’
»acquiescedn the necessity’
•ider to be fully commuted on this |K>int.! given. This is the nature of my con-1 claiming disagreeable truths, which
Unless we are disposed to disregard ! servatism. And could a more shame- public duty requires me to utter. l am
... * • . , •• , . , . . i t 2..ri reAt n.anaihlpin iIia rnn^niifinceii which
to aec-iue ...e question in j, ..Grande, front it. mouth to it. source, | not extend to the Rio Grande, nn.1 after
air time to c“omc trithm hi. cannat.uadcrrtVi. . These
round and commence another equal
ly bloody and much more unnatural
conflict against Texas for. asserting that
her rightful bou ml ary does extend, to that
limit? Thi$ is the disgrace, scandal
the treaty has a map accompa-
' nyiug it, which is made part of it, and
in which the boundary of Texas is clear
ly and distinctly set lorth, as running
ble ; but they can never be averted by
the policy of this message, I have^ for a
long time looked upon this question of
Texas boundary as the most embarrass
ing one before us, and I feel no hesitan
cy itr saying, that I am in favor of a
speedy and amicable'adjustment of it.
I am also for a settlement of all the
and infamy which some of you who jo
other causes of irritation and agitation
property, without due process of law.”
The sixth article i. in these wnrtla: j >0 ‘ itl j| et | < [ ,|„ not consider lhnt it
“In .11 crin.ln.1 prorecnlimu ih. .renreJ .lull r j se » to thn! dignity which would justify
an argument tS answer it. If the conn-
crime shall We been committed, which district try belongs to the United States by con-
shsll h*ve been prcuitrmly mcrrlained by lew; and quest, its Government dovolveg upon
to be informed ol the nature end cause of the «e- A n .l ifanv laws *
cmsiivii; lo be- coiifrotitcd with the wHneree. Congress. AOU II any laws
scsiiut him i to have eoupalMiy proeew for ob* lory to defend it, and secure
tabling wiuw*«es in bis fevor; «nd to bsve the M- duty of the President to apply - • . . a- , r -
sistance of counsel for his defence.’’. law-making power for authority to do . and fair construction, lo affirm amlfully
Now, sir* I ttslr if* man can be right- go. And until Congress makes some • establish those rights, and o’-t'jriy to
ffilly shot down by an armed soldiery disposition of it, ur gives him authority deprive this government, ot all pre
in pursuance of an Executive order, for to hold it by force, he has no right or j text
doing what ho could not be -eveu in- power to do it. Until C«»ngress speaks, bold,
dieted and tried for diking..-much less he has no authority to defend by force
•coaviciml of any offence for doing, by the military possession of the United
any court or code known to'tho laws of States of any portion of their late ac-
“ ‘ ” • - • quisitions from Mexico. How has it
bqen in California | There wc have
seen this possession, which it is said he
is Bound to defend, entirely abandoned;
bring upon your country. I belong to
no suen class of men. I am for abid
ing by the order of things as I find them
constitutionally existing, until they be
constitutionally changed. If they get - w . „
too bail to be borne without hope of re- j re "
dress, then l shall be for revolution.
But having been led to say more up
on this subject of the boundary of Tex
as than I intended, in consequence of
the interruptions, I return to the point I
turb and distract the public mind, as
well as the public councils. But it is
important that we do not deceive our
selves on these questions. I intend,
therefore, to speak plainly and distinctly
ind the country. When we talk
micable adjustment, we may as
well understand clearly what we mean
by it. The President in his message,
notwithstanding this threat of force,
urges upon Congress the settlement of
these matters of contention and strife;
upon. And I again repeat, that if these matters.ot contention anu si
the President should be called upon by j part of the message meet, my
Texas to put down illegal resistance ,o; dial approval. But Imw are they to be
but sooner or later, *
ofholdingyou.a* the rest of mankind “enemies
■—in peace, friends.”
THE SOUTHERN WHIG.
the policy of the North. I submit it
every candid inm in the world, outuide of the
House, if this is not a fair statement of theq
tion? The Sonth asks no discrimination in
favor. It is the North that is seeking to obtain
discriminations against her and her people. And
who leads in this endeavor to control the action of
the Government for sectional objects? It is the
gentlqman himself, who brings this charge against
the Souths Sir, I deny the charge, and repel it.
And f tetl that gentleman, and the House, if these
agitations arc not to cease until the South shall
quietly and silently yield to these demands of the
North, it is useless to talk of any amicable sattle-
ment ol the matters in controversy. If that is the
basis you propose, we need say nothing further
about agreement or adjustment—upon these terms
settle. The people of the Soutli
have as much right to occupy, enjoy, and colonize
these Territories with their property, as the people
of the North have with theirs. This is the basis
upon which I stand, and the principles upon which
it rests are as immutable as right and justice.—
They are the principle of natural law, founded in
natural justice, as recognized by the ablest Publi
cists who have written upon the laws of nations
and the rights pertaining to conquests. These ac
tions belong to the-whole people of the United
i, as conquerors. Thev Hold them under the
Constitution and the General Government as com
mon property in a corporate capacity.
Vattei, in treating on this subject in his work
on the laws of nations, says, (Book 1, chap, 20,
p. 113?)
“AH members of a corporation have an equal right
to the ute nf the common property. But respecting the
manner of enjoying it, the body of the corporation
they may tliiuk proper.
ATHENS, GEORGIA:
Thursday Morning, Sept. 5,1850,
35?; Qntt man in this cwowtry, tiyIwmKthe whole country taken possession
an order froth the Chief Magistrate, Iks
deprived of his life-in .liine oF peace
••withnot doe process of law V* Where
there is no law; there can lie no trans
gression. You will observe Mr. Chair
man, that 1 mn only considering this
qaestioa us it now stands—I have, as
yet said nothing about what tyould be
'the condition of things ifCotigrcss should
undertake to establish n government for
of by people c6WU«g froto *all countries,
nmf»[?mkm^nlH?n»g6"srs, who have
appropriated it fo^tketnselves, and who
have set tip a government for them
selves, which we are tailed upon to re
cognize and sanction. Now, if it be
the duty of the President to defend by
force military possession of New Mex
ico this side the Rio Grande, against the
authorities of Texas, until the boundary
of questioning them, except by such a law; but none such ib in exis-1 naenemy ,
I, open, and infamous repudiation, tehee. Whether a law of Congress | House u‘
Mr. Moore inquired whether the re
solutions of annexation did uot leave
it to the General Government to de
termine the boundary of Texas ?
Mr. Stephens. The resolutions of
annexation epnferred upon the Genera!
Governtheut the. power to settle this
nest ion of boundary with MeXico.-
regubitious bo not
„ . ight whict
ion of property,
e the u*e of
either allotii
ly ana distinctly set lorin, as running icxas m pm uuwh u.cgai iwimhulc ,i-
with the Rio Grande from ii. month her uuthoritie, ivi.hin her limits, he ijthfoh rnniSov
to its source. So Tar. then, from this would be bound to regard the law of! ’^3
........... treaty containing anything inconsistent Texas, defining her boundary, “'l*r n "J 1 * " I shall civc^vou ininc
Uws be neces- j xsillnhe previous laws of Texas, defia- law of the land on this subject, until it 'WfSSSj, '
ccureiUtUlIm ing and asserting her rights, it does be displaced or invalidated by some su- cimd'dly and frankly.
.oapplym the .eem ,0 me, upon^l tl.e "rules o! jus, perior law. The treaty■ would ha« | t»3S2f"1C STSSfcl
‘ — — * - - ~ been such superior law it it had done it. ; t h e Preiidcnt,provided weeanagreeupon terms
But it did not. A law of Congress, of disposing of the other sectional difficulties. We ......
with the consent of Texas, would be hear a great deal about settlement, adjustment. Under our Constitution, the power of making reg-
-...V- - inuuU ia I harmony, sndunion. Now I am for all these. I olations for the enjoyment of the common domain,
ny to the Union. And these of this devolves npon Congress, the common agent of all
know much ot me, know foil well tint '* ' * v ’ ’ ' •* "
alone, without’ the consent of Texas, I i mean exactly what I say. I repeat, I am no en-
would be such a law, ig not now before us. •» >'■' Oal»-Mil J .a for iu pwamnoa
It will be time enough to discuss that ‘fJqSy^ndjli.iice. AtuchmenMo Uie Umon
question when it arises. All that we Uritl, me and with the South generall}-, 1 think, is
now have before us, is the message an-1 a sentiment of patriotism—it grows out of the re-
nonacing lb. apiaion of tboExecutive Q
that it is a. question that he cannot I base calculation of dollars and cents. But I tell
ciile ? bnt that, until It is decided by gentlemen of the North it is for them now to deter-1 it. Bnt ton tuen of the Nortlueay. that
rnmnpipni nttilir^ilv ho will use force to i taioe whether it shall bo preserved or not.- In | SoUth wtsb loT3rry oQr slaves there, ar
^ nf ilia Snriuiiriinn I point of money value, I thing it is worth more to j frcclaborof the ^orth cannot submit lo thedegra-
prevent tnC_ extension ot thejuriroiction t the-Korth than the South. We have heard but |dation of being associated with slave labor. Welt,
eff Texasrover territory lying Within her f mn , ihst section, for eight months past, but then, we say, as the patriarcli of old said to his
“ ‘ ” - • - : 1 * kl, ”
r auonng it to all ilia n:
tuts, or ailoting each mu c<[ual share; but
ley have not a right to acdmlc any one of the member*, or
i make a ditiinction to hi* ditadvantage, by attigning him
lei* tkare. Ikon that of the other*."
The principles here set forth are those upon
which I place the merits and justice of
the parties interested in it. In the execution of
this trust, it is the duty of Congress to pass all
hws necessary for an equal and just phrticipation
in it. And so for from this common agent having
any-right to exclude a. portion of the people, or
a to make distinctions to their disadvantage," it is the
duty of Congress to open the country by the re-
o all who may avail themselves of the right
New Mexico this'side the'Rio Grande.i be settled, why is it not also his duty
If courts should Ik* established there, I to defend in Jike marines‘the military
And if laws should In? passed prescrib-! possession of California until Congress
iug the mnnuer of determining by judi-) shall make some disposition of it? The
cial pfocrelmgs'the rights of Mexicanscase <»f Califimiia is much stronger in
residing there, under the treaty, and every point of view than that ol New
clothing the President . with power to Mexico this side the Rio Grande. For
call to the aid of the civil niiilutriiies the I -have shown that the President cannot
military (hrce'iu case the execution of Interfere tltere without the virtual deci-
such law* should he resisted, that''would sionof ibc question of Texas hounda-
present a very different question from ary, which he admits that he has no
she one now before us. The President . right. to decide.
has not iuvnkctl our aid.Ntnr asked us I now go further; and I maintain that
to pass any laws that mriy he necossa- if Texas should be resisted "by the
ry to exeenio that articlnj.l the treaty, Mexicans in this portion of the lerri-
or to enable him to do it efficiently and lory lying within her prescribed limits,
rightfully, nor has Im ever asked us to nn d should apply to the President for
pass nny law to enable him to use the assistance to pul down that resistance
inilimry force of the country for that. while this question of boundary iS un-
purpose. He has simply announced settled, he would be bound, under the
what ho intends .to do in ccrtnin con- Constitution and law of 1795, to afford
tingcncies, without nuthority of law. the necessary assistance. 1 read from
If a proposition wa« before us to pass the first section ol that act :
a law authorizing the President to resist - «AihMii«»"I *» iiwsfrectfon in snySute
theu niiihnriiv of Texas in extetuling her sgsinAthe Government thereof, it slmU.be tawfnl
!*»« authority I ® . for the rrwident of the United Slstes, on aftriica-
•junsdiclmn in part of. the country to |ioo of lhe Y <P „j s ,i atve of snc h State, or of the ex-
vrhich reference has been made, that octive. (when the Leglalaturc cannot be eonven-
wouhl present the question whether e.l) to call forth such number ol the militia ol xsy
question ot oounnary witti Mexico.—
They giverihis-Gov&mneui authority
or power over the subject' for no other
object, and to no further extent. This
Government had no jurisdiction over
the matter but with Mexico. She had
no power to say to Texas that her lim
its should be restricted, but in treating
with Mexico. 1 have shown that in the
treaty with Mexico there is no clause re-
restriding them. Of course she has
no (lower to restrict them now. But,
to present the subject tA the gent Inm:
in a clearer view, suppose that Mexico
had never questioned the right of Tex-
a? to the Rio Grande, could this Gov
ernment ever have, done so ? Would
not have been' bound to maintain
her jurisdiction to the extent of her lim
its prescribed by her laws, and to have
put down any insurrection against her
laws within these limits? The only
contesting, party Texas had was Mex
ico ; and when Mexico ceased the con
test Texas, and the United States stood
limits as prescribed by her" laws, not-1 eulogies opon the Union, lfthey are sincere in I friend and kinsman, when disputes arose between
withstanding these laWs are not incon-' expression of this deep devotion to the inetito- the lierdsmen of their cattle: * Let there be no
withstanding tnese taws are noi incon ( ^ ^ foRr fcthe it ia \ ime , or theroto present 8 trife,I pray thee, between me and tbee, and In
sistent ortn contact with supertar law ; t ^ e og^nng which they are willing to make npon! tween my herdmen and thy herdmen,- for we be
the Slut ol onr common country for its preserva-1 brethren.” Is not lhe whole land before thee ?—
tioh. If tliey expect the South to make all the Separate thyself, I pray thee, from me. If thou.
ICT One of the proprietors of this paper will at- \
'tend the counties of Jackson, Hall, Lumpkin, Hab-
ersham and Franklin, daring the session of ihe en- *
suing fall terms of tho Superior Courts in thoso
counties, for the purpose of collecting dues lo this
office ; and we earnestly request all indebted to us
by note or account to be prepared lo settle, as wo
are in great need of the small amounts they sever
ally owe, and must collect them or suffer great
inconvenience. This is the last warning to a num
ber in our debt.
Errata.—In the “ leader” of onr last issue,
some typographical errors were not detected by the
proof reader. For, “ even in the history of the en
lightened limited mnnarhey of the world,” read,
even in the history of any enlightened limited mon
archy of the world—and for-.“ when great and
monstrous changes,” read, great and momentous
changes. “Accidents will occur in the best regu
lated families.”
03* Onr thanks are due Hon. H. A. Haralson of
Georgia, tor a copy of his speech on “the Terri
torial Question,” and to Hon. Mr. Peaslce of New
Hampshire for a copy ot his speech on “ Interest
due to New Hampshire.
A Change of Name.
With the present number, this volume of the
‘ Whig is bronght to its end. Next week we will
issue the first number of a new volume, and so far
as the'name is concerned, the first number of a
paper. We are Convinced that the interests
of our journal will be advanced by lhe contemplat
ed change, and-shall consequently make it, although
not without some regret; for we leel much attach
ment to the title “ Southern Whig," from long as-
ociation. But with a view to increasing our em
ulation and enlarging our influence, we have sur
rendered this prejudice in its favor.
Henceforth, we shall publish this paper as
“ The Southern Herald,” and that altho* u Southern
Whig" no longer in name, it will continue to de
monstrate that.it is Southern Whig in sentiment.
Although our terms are already extremely low
for a weekly of large size, yet from a desire |o
double,- treble, and quadruple^ our preecjii number
of subscribers', we have determined to offer extra
inducement to clubs. The present is a favorable
time for the formation of clubs, as large numbers
of persons arc drawn together at the courts now
being held.
For S>J0, we will furnish II copies, '
tioh.. If tliey expect the South,to make all the Separate thyeelt, 1 pray tnee, irom me. « iuo«
sacrifice*, to yield everything,and to permit them 1 wilt take me left hand, thenl will goto the right
to carry out" their sectional policy under the cry or, thou depart to the right hand, then I will go tt
and that be Will da this without asking
any authority from Congress in addition
to that conferred upon him by the acts
of1795 and 1807. I have shown conclu
sively, l think, that those acts confer n<
such authority on him. . And now, in
conclusion on this branch of the subject. tho „ who it> ,„j ^ whiWsMO#-
l assert, that if he attempts thus by. ‘ their places after them. Allegiance and protection
force to arrest the legal authorities of are reciprocal; where — —•—»:/»« u
Texas, it' will be a gross usurpation of|™> rightful,allegiance
of**onr glorious "Union;” they will find them>
sel ves most aaJlv mistaken. ^It is time for mutual
concessions. This Union was-formed for the pro-^
tection ol the lives, the liberty,
protection, is extended'
i be claimed. And no
iy judgment, who deserve the pame of
power which should be resisted. | £*£m&T. rtrfr Ble^aee to .n, Car-
And if you wish to know what llenuncot which arrays itself not only against th
can by resistance, or how I mean it 1 property, hiit against their social and civil orga
ould be resisted; Isay distinctly,It If y»u, gentlemen of the North, then,
world if the proposition if.not, fsirind jdst ?
and. whether its rejection does not amount to a
clear expression of your fixed determination to ex*
dnde nsSntirely from any participation in this
» they would .npon tl
d everarisen,} But I
force always should be resisted.
I cannot speak for Texas—I ha ve no
j authority to speak for her—-she has men
» this floor who can speak for her.
their
mean by resistance, or now l mean it’ property, but against utetr sqciii ana civit organi-
.linohl be resisted. Isay distinctly .Tt !■«*««». .VM-esatlnaea «fAa Kbrtb. then, la-
■, ... ...... — . tend to ingraft upon the policy of this common
should be resisted by arms, as lawless Government yoor .MMlareVj Vie. ., and to make
its action conform to your sectional purposes, it is
nselp ssto say an; thing more of compromise, settle
ment,'adjustment,or union. U is as well for us to
come to a distinct understanding upon. the subject
* oiice. Ido not place a low. estimate upon * L ~
tine of the Union to the Sontli: but I do
coosider its disolutioh, with all the manifold at*,
tending erils pf speb an event in lull view before
me, as the greatest calamity that could befall ns-rr,
Far trom it. There is noevil which cau foil upon
any people, in my opinion, equal to that of the dc^
gradation which always loHotrt a submission to in-'
suit, injury, ontrage, and aggression. And when
ever this Government is bronght in hostile array
against me And mine, I am for disunion—openly,'
boldly, and 'fearlessly^ Tor revolution. I sneak
plainly. Gentlemen ' may call this “treason”' if
they please. Sir, epithets have no terrors for me.
The charge of “traitor 3 ’ maybe whispered in the
Callternis and t'Uh.
The history of.these two territories up to . the
me they made application for admission as
States into the Union is very similar. Both were
tracts of country wrested from Mexico—both were
peopled by adventurers—both held conventions
andjulopted State constitutions, and both applied*-*
and at about the same time, for admission into the-
Union. Here the-parallel ceases. California de
sirous of obtaining a government of i
inwards each other just s
have stood if no contest h (> „ H .
unless in making the treaty which, for-lhe r people if the*spirit exhibited at the
aiinated the contest, and where - the Alamo and St. Jacinto would submit
United States only had jurisdiction 1 tamely to such wanton wrong. The
some restriction was imposed upon j rights and duty of Texas, to my mind,
Texas. If *uch restriction had been!arc clear. If the question be notset-
Inscrtcd iu the treaty, of course Texas | tied, she should extend her jurisdiction
would have been bound by it; for this j over this territory—she should pass all
Government had the power in that j laws necessary to command obedience
way to take jurisdiction over it, but in to her sovereignty within her limits^
no other way. And as the treaty thies And if the execution of those laws
> is no longer contesting, 1 main-^ the part of people residing in the l»*t appeal of tyranu. It is n
Now, sir, <J1 tbat'WfcMk, or all that I a*k, i» for _ m
?3&&&S223i , £teX\'*
enter, settfe, and colonize it with their property of ’ government, believing that by the interdiction of
every kind; or to make an equitable division ot it. \ slavery die would obtain % State government—
Is this wrong ? Is it endeavoring to control the • p Te ; Cn ted a constitution with a clause to that sf-
.htv«lion pf Congrc.. improper!, to err, onl Me- prevented . con.titutinn to wl.ich not
tiond news and interests? And I am to subject,- T r .. -, - , .
myself to the intended reproach of being Sn ultra-, so open^bjection Ims been made, coming up lo the
itl for insisting upon nothing but wbat is just snd j constitutional requirement of M republican in char-
right? If so, Ism willing to bear whslererof re-1 ^ eter n j, ut not excluding slavery.*. What has beem
value of the Union to the South: but 1 do not prosch the epithet may impart. If a man be. an ul-: ■ . , r*i;forni«*« anni;«siinn hn. Wn
traist for insirting up^n nothing bnt hi* right wJth ^ ? California s application M> becn
a willingness to compromise even, these upon any favorably received by the Senate, snd will bo by
fair and-reasonable ttrms, without wt total sbandon- the House—whilst Utah's has been entirely dis-
nient of them, then I am so ultraist. .And I am - am | ^ territorial government giventober.
reared, if pJarge majority of them, when all their partiality » obvious^ •* He that runs may read”
propositions, for adjustment aqd compromise shall , it. A spirit of enmity to tho South and Southern
have been rejected, wni not bO“uftraists too.. I>c institutions is.tho key to this gross injustice,
not decehred-and do ^ot deceive others—this Un-, —. *■—
iob can never be maintained by. force.- y ith the . Professor Webster Hcro.—Dr. Webster was
strongest spd hvrfUoTernmciit on canh. But |t Ucnllj and witkonl a .tr.stfc.' U« madenafartliw
can never be maiatained upon any other principles' confession, _ « ~ v