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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