Southern recorder. (Milledgeville, Ga.) 1820-1872, May 14, 1844, Image 1

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Newspaper Page TextVOL. XXV.] MILLEDGEVILLE, GEORGIA, TUESDAY, MAY 11, 1844. [NO. 18. UV GKIEYE & ORJIE, EDITORS AND PROPRIETORS. TERMS T-?* The Recorder is published weekly, in the Ma- 1 r Thkee Dollars, per annum, payable in paper, in any case, sent out of the State. advance, or ^ oft n'’ rHeine first‘paid forts advance; or any ne wlth .. .rtaken for a less period than ONE YEAR, unless SU ’i for at the rate of Four Dollars per annum in * -rniistMF.NTS conspicuously inserted at the usual n ' Time -eni without a specification of the number r f"insertions, will he published until ordered out, and charred accordingly. ‘ „ 1. „f band and Negroea. by Administrators, Exe- o' Guardians, are required by law to be held on C u f-o Tuesday iu the month.between the hours of ten the forenoon and three in the afternoon, at the Court House in the county in which the property ts situate. V.cves of these sales must be given in a public gazette „ s rr DAYS previous to the day of sale. ' Notices for the aaleof personal property muat be given ’ ke manner, forty days previous to the day of sale. Nr-e to the debtors and creditors of an estate must also j, e published FORTY DAYS. Notice that application will be made to the Court "(Viitiar, fir leave to sell Land or Negroes, must be ubitsoed for FOUR MONTHS. * citations for Letters of Administration, must be pub- - t l thirty days—for dismission from administration, ‘<;r months—for dismission from Guardianship, Yuan-* 1 ? a f„rn < l “P- ... , , Rn . E < for foreclosure of Mortgage must be published ',il, for four months—for establishing lost papers. for T' ic'd spare of three months—for compelling titles from r'-p-Turs or Administrators, where a bond has been ; bv the deceased, the f till spare of three months. "'publications will always be continued according to . .he legal requirements, unless otherwise ordered. ‘ All business in the line of Printing, will meet with pnwipt attention at the Recorder Office. JITTERS on business must be post paid. -TOur subscribers, in requesting the direction of her papers changed from one Post Office to another, are / red in every instance, ir. making such requests, to .!' u S as wt ,]l of the name of the PostOffice/rom which ,v desire it changed, as that to which they may theie- a i [f r wish it sent. Newspaper Law.—In case of a suit for fraud, the ' „ j n t hi s State, it is said, have decided thatrefus- ' to take a newspaper from the office, or going away '"a leavin" it uncalled for until all arrearages are paid, Optima facie evidence of intentional fraud. mail arrangement. Nartheru Sc Augusta Mail, via Warrenton. Oct Daily, at 10 A. M. Closes Daily, ut3 a. m. Ylacon and Colambns Mail. Due daily (Sunday excepted) at 10 a. Closes daily POLITICAL. Ts the Editor of the <4 lobe. House of Represf.ntatives, Apiil 27th, 1844. Sir:—The enclosed letter from Mr. Van ; Buren, which I have this day received, in reference to a matter on which the public mind is at present much excited, I beg that you will immediately publish in the Globe. Very respectfully, Your obedient servant, W. H. HAM MET. House of Representatives, March 27th, 1844. My Dear Sir :—Under the belief that it is the right, of every free citizen, in a free government, to know the opinions of those who aspire to public station, upon great public questions, as one of your warmest supporters in 1S36 and 1840, and as an un pledged Delegate to the Baltimore Con vention, l desire particularly to know your J agreements for smaller portions of lerrito- | ry, and the payments were modified ac- • cordingly. In respect to the proposed sti- 1 pulation for the ultimate incorporation of the inhabitants into the Union, both instruc tions were identical. In August. 1837, a proposition was re ceived at the Department of State, from the Texan ministet at Washington, proposing a negotiation for the annexation of Texas to the United States. This was the first time the question of the annexation of a foreign independent State had ever been presented to this government. In deciding upon the disposition that ought to be made of it, I did not find it necessary to consider the question of constitutional power, nor the manner in which the object should be j accomplished, if deemed expedient and • proper. Both these points were therefore, 1 in terms, passed over in the reply of the ] Secretary of State to the Texan minister,! as subjects, the consideration of which had j not been entered upon l»y the Executive. The first of these, viz : constitutional ij ci msent of two-thirds of the members pre- seuit in each House should be necessary.— 3i I. That if a new State should arise within tli e limits of any of the present States, the ccnsent of the legislature of such States sh ould also be necessary to its admission. 4th. That if the admission was consented tory of the Texan revolution, and the then condition of that republic, as well as the probable advantages to result to both from the proposed annexation, were plac ed before us in an elaborate and able com- , munication. It can scarcely be necessary to say that the application was considered to,, the new States should be admitted on ; with that attention and care which were due i th e same terms with the original States :— j to so grave a proposition, and under the full. I opinions as to the constitutionality and ex- j pediency of immediately annexing Texas to j power—is now presented by your inquiries; ^ the United States, so soon as the consent of I not, however, in precisely the same form. | Texas may be had to such annexation. [Then the application was for the im- The letters of Mr. Webster and General mediate admission of Texas into the Union 12 NiTaiutxh Mail. Due daily (Monday excepted) at 10 A. M. Closes daily, (Saturday “ ) “12 m. Eatonton Mail. Due Mondav, Wednesday, and Friday at 7 P. M. Closes - ' “ _ “ “ 8 p ’ «• Hoitticella JTIail. Due Thursday and Sunday at 8 p. m. ( Loses Monday and Thursday at 8 P- M. Florida Tbail* Closes Monday, Wednesday, and Friday at 11 A. M nnwkin«rille Mail. Cio.es Sundays, Tuesdays, and Thursdays at 11 A. M. E. BAGGETT, P December 19. 1843. JAMES S. SMITH, .irroK-vGi' •ir MnSWf . MACON, GEORGIA. April 23,1844 15 Law Advertisement Jackson on this subject—the refusal of the Legislature of Kentucky to pass approba tory resolutions—the votes taken in the Legislatures of Pennsylvania, New York, and, as I am ju.st informed, Maine—and the impression that Mr. Clay will oppose the annexation—give great importance to your opinions as an independent State; your question looks only to its annexation as a part of the territory of the United States. There is no expi ess power given to any department of the government to purchase territory ex cept for the objects specified in the consti tution, viz : for arsenals, &c.; but the pow er has, on several very important occasions, It is believed, that a full and frank de- been regarded as embraced in the treaty- claration from you, favorable co this great object, will be of great service to the cause, a: a moment so critical of its destiny ; and should you recognise my right to inquire, and your duty to answer, I shall be greatly obliged to you for a letter setting forth your opinions—promising, that if it be favorable to annexation, I will, on account of the making power; and territories have been so annexed with a view and under engage ments for their ultimate admission into the Union as States. If there he nothing in the situation or condition of the territory of Texas, which would render its admission hereafter into the Union as a new State im proper, I cannot perceive any objection, great effect it must have on the issue of this j on constitutional grounds, to its annexation question, give to it early publicity ; and if as a territory. In speaking of the right to otherwise, that I will publish it only in time that your opinions may be fully known before the action of the Baltimore Convention ; unless you require its imme- admit new States, I must, of course, be un derstood as referring to the power of Con gress. The Executive and Senate may, as I have already observed, by the exercise diate publication—in which event, I will of the treaty-making power, acquire terri- also comply with your request. tory ; but new States can only be admitted Pardon me for suggesting that, should | by Congress ; and the sole authority over your opinions be. favorable to annexation,! the subject, which is given to it by the con- the weight and influence of those opinions stitution, is contained in the following pro will be doubly enhanced in the estimation ! vision, viz :—“new States may be admitted of all true friends of the measure, by the by the Congress into this Union.” The earliest possible public avowal of them be- only restrictions imposed upon this genera) M 14t subscriber will practice Law in the several cmintieTofthe Cherokee Circuit, and in the Fed eral Courts for the District of Georgia. Office at. Cassville, Cass County, Ga. ACHILLES D. SHACKLEFORD. March-20, 1844 11 12m WILLIAM F. BKOORS, .ITTOBJFJSV -YT L.f IF, talbotton, ga. vimt-ILL nractice in the counties of the Chattahoo- YV cliee Circuit. All business confided to him ■will meet with the most prompt attention. January 30, 1844 fore the country. 1 am, sir, with great respect, Trulv your friend and ob’t serv’t, W. H. HAM MET. Hon. M. Van Buren, Linden wold, New York. Lindenwold, April 20, 1844. My Dear Sir: Your letter of the 27th of Mqtch last was duly received. power are, 1st: That no new States sbal I he formed orerected within the jurisdictior t of any other State; nor 2d: Any Slate form - etl by the junction of two or more States . or parts of States, without the consent o f the Legislatures concerned, as well as c f Congress”—restrictions which have n o hearing upon the present question. Tli e matter, therefore, stands as it would do if the cosstitution said “ new State? may b e Acting as an unpledged Delegate to the ; admitted by the Congress into this Union, Baltimore Convention, you ask my opinion j without addition or restriction. Thatther 3 tf KEENE & McUEIVBY, attorneys at law, MAD ISON y Morgan County ,Ga. April 26,1842.—15 if PATTERSON &. REESE, ■ illorvctjs at huse. liriLL practice in the counties of Early, Lee, Ba Y V Lo, Itwndiilnh and her, Randolph and Decatur. Iosiah S. Patterson. Fort. Gaines, Ga. Francis M. Uekse, Blakely, Early Co., Ga. Nov. 28, 1843 46 tf AUGUSTUS C. n'.IITUS, .tUorunj at hatr, W ILL practice in the Counties of the Cherokee Ciicuit, and tenders his legal services to his frif-nds ami the public. Ail business confided to him will be* attended to with promptness nnd fidelity. Office at Sprint: Place, Murray County. July 4, 1845. ~ Penitentiary, April 29,1844. 12m n legat'd to the constitutionality and expe diency of an immediate annexation of Tex as to the United States, or as soon as the assent of Texas may he had to such annex ation. Upon the receipt of your letter, I caused you to he forthwith informed, that your request should be complied with in full season for the Convention. This pro mise I shall now perform. But lest my motives for making a public avowal of my opinions, whilst a negotiation is supposed lo be pending, should be misconstrued, T shall send this to a friend, who will delay it? delivery as long as that can be done, consistently with a faithful compliance with the requirements of your letter, and the general objects for which it is written. You by no means overrate the impor tance of the subject upon which you have been pleased to address me. It is not only ! a question of intense interest to every part j of the country, but is unhappily also one j in regard to which we may not promise ! ourselves that unanimity in opinions which I is so important when great national ques tions like this are to be decided. That l those which I am about to express, will, in j at least one important particular, differ | from that of many friends, political and per- ! sonal, whose judgments and purity of views ' I hold in high and habitual respect, 1 can words, taken by themselves, are broa d enough to authorize the admission of tb e territory of Texas, cannot, I think, be we II • doubted ; nor do I perceive upon win it principle we can set up limitations to a pov er so unqualifiedly recognised by the coi t- stitution in the plain simple words I hat e quoted, and with which no other provisic <rt of that instrument conflicts in the slighte st degree. But if, with no other guides th, in our own discretion, we assume limitatioi is upon a power so general, we are at lea st bound to give to them some intelligible at id defiuite character. The most natural, ai id indeed the only one of that nature whit ;h has been suggested, and which was pr e- sented by Mr. Jefferson whilsthe entertai ti ed doubts in respect to the constitution al power to admit Louisiana, is, that the ne w States to be admitted must be formed o ut of territory, not foreign, but which consi i- tuted a part of the United States, at tl te declaration of Independence, or the ado p- tion of the constitution. So fat fro m there being any thing in the languaj je of the constitution, or to be found : ; n the extraneous and cotemporaneous ci r- cumstances which preceded and attende d its adoption, to show that such was the ii t- tention of its framers, they are, in ray judgment, all strongly the other way. I n the first place, the articles of confederate n , V, L. l- .1 .... ..I r^ni.rpj : well imagine; and it is quite evident, from the first place, the attic! Hi, Elgi^aRdTu appendages, we are now r re- j the tenor of your letter, that they will not j under which the Union was originally fornti- j a-eri to execute Castings of any kind, turning, boring j n all respects correspond with your own. j ed, and which gave place to the present s ut fitting in iron & wood, such as Mill Cranks, Spin- i jj- ), OW ever, such of my fellow citizens as i constitution,lookeddirectly to a broader es.- rf/fs. Journals. /nA*(eoinposiuon,) Coach an ar | are neither influenced* by prejudices, nor ! tensiou of the confederacy. It contained a na^c Axles Coir Wheels to anv desired pattern or j r j 1 % % t* w j* size! \Ve are also prepared, during the sojourn of Mr. ; warped by self-interest, concede to my | provision that “Canada, acceding to the con- A. Kilhorn, to BUILD STEAM ENGINES, which opinions the merit of having been formed j federation, atidjoining in the measuresofth e »e wui warrant to perform well. If any should desire | under views directed to the preservation United States, shall be admitted into, and en - work of this kind, they would d ° *?» “and advance went of the honor and best in- d:rs immediately, as we are now building a steam c-n- . g ne to order, under the superintendence of Mr. Kil- j terest3 of our common country, as a whole, bun, and so soon ai completed, if we receive no other 1 an( ] expressed With a sincerity which has orders, his indispensable services may be lost, by his overlooked, as far as OUT feeble natures will return to the North. IVe are also prepared to execute Jobs of every de scription in building and repairing Carriages, Coaches, h’agtms and Vehicles of every kind. Also, Furniture nude and repaired. Shoe and Boot making, lailoriug, &.C. We have on hand and just completed, seve ral Jersey Wagons of different finish. Blacksmithing done with despatch. Coopering, Harness making, -very variety of Tin Ware, and many other articles, all ot w hich will be repaired or made new. as desired. As our terms are Cash, our charges will he low. Cash will be given for any quantity of Hides suitable for being tanned. Also, barter will be paid for old cast Iron, Copper and Brass. A. W. REDDING, Principal Keeper. April 36.1844 16 6t WM. A. BEALL’S Fire-Proof Ware House Bkoad Street. Augusta, Ga., September 1, 1343. T OE subscriber, grateful for the-patronage hereto fore received, informs his friends and the pub lic generally, that he still continues at his old stand, nil B.oad street, and will devote his personal attention to the Storage and sale of Cotton, receiving and for warding Goods, end the transaction of a General Factorage and Commission Business. Liberal advances made on cotton in store. Messrs. J. Robson & Co. will continue as heretofore to act as his agents at Madison, and when desired will raake advances on cotton consigned to him per Rail Rnad. WM. A. BEALL. September 5, 1843. 34 tf permit us to do, all personal considerations, my most favorable anticipations will be realized. It has already been made my duty, to act officially on at least two several occasions, but in different fotms, upon the subject- matter to which your questions have re ference. Having charge of the Department of State in 1829,1 prepared, by diiection of the Piesident, instructions to our minister at Mexico, hv which he was directed to open, without delay, a negotiation with the Mex ican Government, for the purchase of the greater part of the then province of Texas, and by which he was likewise authorized to insert in the treaty, a provision similar to that in the Louisiana and Floiida trea ties, for the incorporation of the inhabitants titled to all the advantages of this Union, bu t no ot/ur colony shall be admitted into the same Kttfewsuch admission he agreed to by nine States.” The practicability, as well as expediency, of making Canada a member of the Union,did certainly,foseme extent st least, occupy the minds of our public men, as well before the close of the Revolutio n, as between that event and the formation of the new constitution. This is, howevt :r, only a link in the chain of evidence, to ma ke probable what subsequent events ma ke certain, that the framers of the constitut ion had their eyes upon I his very question, when this section was finally settled. T'hat part of the constitution, as appears by the journal of the proceedings of the conven tion, was presented in a variety of f jrms before it assumed the shape in which il'. was finally adopted. In the resolutions offered by Mr. Ed mund Randolph, as a basis for the new constitution, and which contained th e first an d 5th. That the legislature might make co nditions with the new States concerning th e public debt then subsisting. The 2d, 4t b, and 5th clauses were stricken out by th e votes of the convention ; and after that ha d been done, the following was adopted as a substitute for the whole, viz: “New St ates may be admitted by the legislature inrio the Union ; but no new state shall be er ected within the limits of any of the pre- se nt States, without the consent of the leg- isl ature of such State, as weii as of the gen- ei al legislature”—leaving out that part of the first clause wh'ch related to the do- m estic character of the territory ; and this su bstitute was subsequently revised and amended, so as to make it conform in its pi iraseology to the section as it now stands in the constitution. These proceedings sh ow that the proposition to restrict the pi nver to admit new stales to the territory within the original limits of the United Sriates, wasdistinctly before the convention, oi ice adopted by it, and finally rejected in favor of a clause making the power in this respect general. Whatever differences of opinion may exist as to the propriety of referring to extraneous matter to influ ence the construction of the constitution vv here its language is explicit, there can certainly be no objections to a resort to su ch aids to test the correctness of infer ences, having no other basis than supposed in iprobabililies. I have not, therefore, been ab le to bring my mind to any other satis- fa ctory conclusion, than that it was the in- te ntion of the convention to give the pow er of admitting new States to Congress, wi th no other limitations than those which at e specified in that instrument. The lat rguage employed, the specifications of ch Main restrictions, the adoption and sub- se quent exclusion of that which is now re- fe rted to, together with the subsequent and co ntinued action of the new government, all seem to combine to render this interpre- ta tion of the constitution the true one.— Propositions for annexation can certainly be imagined, of a character so unwise and in iprovident as to strike the minds of all w ith repugnance. But if we look over the c< iticeded powers of Congress, we shall also fl'id many others, the abuse of which might involve, to an equally gieat extent, the well-being of the republic, and against which abuse the constitution has provided no other safe guards than the responsibili ties to their constituents and to the laws of the land, of those whose sanction is neces sary to the validity of an act of Congress. Nor is it very unreasonable to suppose that those who based their government upon the great principle that it is the right of the people to alter or abolish it, and to institute new ones, m 6uch forms as they may think most likely to effect their safety aud happiness, should feel themselves se cure in trusting to their representatives in the House, in the Senate, and in the Ex ecutive chair, the right to admit new mem bers into the confederacy, with no cither restrictions than those which they have j cidedly or more unanimously approved by! influence of feelings of sincere solicitude for the prosperity and permanent welfare ;j of a young and neighboring State, whose ■ independence we had been the first to ac- -j knowledge—feelings which constitute, and j I sincerely hope, ever will constitute, the ; prevailing sentiment of the people of the ,j United States. In coming to the decision ! which it became my duty to make, I was aided, in addition to the other members of my cabinet, by the counsel and constitu tional advice of two distinguished citizens of your own section of the Union, of the first order of intellect, great experience in pub lic affairs, and whose devotion to their own, as well as every other section of the Union, was above all question. The result of our united opinions was announced to the Tex an minister, (Gen. Hunt) in a communica tion from the late Mr. Forsyth, the sub stance of which I cannot better express than by incorporating one or two brief ex tracts from it in this letter. Upon the gen eral subject, my own views, as well as those of my cabinet, were thus stated : So long a j Texas shall remain at war, while the United States are at peace with her adversary, the proposition of the Texan minister plenipotentiary ne cessarily involves thequestion of war with that adversa ry. TheUnited States are bound to Mexico by a treaty of amity anil commerce, which will be scriipuouslv ob served on their part so long as it can be reasonably- hoped that Mexico will perform her duties, and re spect our rights under it. The United Slates might justly be suspected of a disregard of the friendly pur poses of the compact, if the overture of General Hunt were to be even reserved for future consideration, as this would imply a disposition on our part to espouse the quarrel of Texas with Mexico—a disposition whol ly at variance with the spirit of the treaty, with the uniform policy and the obvious welfare of the United States. The inducements mentioned by General Hunttor the United Slates to annex Texas to their territory, are duly appreiated ; but, powerful and weighty as cer- j tainlw they are. they are light when opposed in the | scale of reason to treaty obligations, and respect for that integrity of character by which the United States j have sought lo distinguished themselves since the es- j tablishment of their right to claim u place in the great J family of nations.” The intimation in Gen. Hunt’s letter,' that Texas might he induced to extend i commercial advantages to other nations to j the prejudice of the United States, was i thus noticed : “ It is presumed, however, that the motives by | which Texas has been governed in mnking this over-1 ture, will have equal force in impelling her to preserve, | as an independent-power, the most liberal contmercinl j relations with the U. States. Such a disposition w-tli j be cheerfully met, in a corresponding spirit, by this government. If the answer which the undersigned has been directed to give tis the proposition of Gen. Hunt should unfortunately work such a change in the sentiments of that government as to induce an attempt to extend commercial relations elsewhere, upon terms prejudicial to the United States, this goverement will lie consoled by the rectitude of its intentions, and a cer tainty that, although the hazard of transient losses may be incurred by a rigid adherence to just principles, no j lasting prosperity can be secured when they are disre- j garded.” That these views wete not altogether! satisfactory to Gen. Hunt, nor probably to! his government, has been seen. But 1 j think I may safely say that seldom, if ever, ! has the decision, by this government, of a j queslion of equal magnitude, been more de- acknowledge the government, de facto, of every country, was established for the ex press purpose of avoiding all inquiry into, or the expression of ar.y opinion upon, the question of right between the contending 1 parties. They acknowledge no other pow er in any country than that which is in fact! supreme. They cannot inquire beyond i that point, without intetfering with the in- J ternal concerns of other nations—a prac tice which all disclaim, and a disclaimer which it has been our invariable usage not only to make, but to enforce with scrupu lous fidelity. To recognise the indepen dence of the government de facto, is also a matter of state necessity ; for, without it, neither commercial nor diplomatic inter course between any such power and the na tions of the world could be carried on with success ; and the social interests of mankind i require that these should not be arrested by ; quarrels between contesting parties, in re gard to their respective right to the supreme power. In respect to all beyond this, the laws and usages of nations require the ob servance of a strict neutrality between the contending parties, as long as the war lasts. It is due also, from every government to its own citizens, to declare when a revolted colony shall he regarded as an independent nation—because “ it belongs to the gov ernment alone to make the declaration,” and because, “ until it is made, or the pa rent State relinquishes her claims, courts of justice must consider the ancient state of things as remaining unaltered, and the sov- reign power of the parent State over that colony as still subsisting.” But nothing -can be farther from giving to the act of re cognition its true character, than to sup pose that it has the slightest hearing upon ithe rights of the parties; it being, as I have aJready said, resorted to for the express purpose of avoiding any such construction. Such is not only the law and usage of na tions, but such also have been the reitera ted avowals of our own government. 1 do not remember that the recognition of Tex an independence gave rise to any corres pondence between Mexico and our govern ment : and if it did, l have not the means of stating its character. But the principles upon which all such acts are based, were fully set forth by this government upon the occasion of the recognition of the indepen dence of the Spanish American States.— In the message of President Monroe to the House of Representatives, suggesting tire propriety of that recognition, it was ex- j presely declared that, in proposing this j measure, it was “ not contemplated to j change thereby, in the slightest manner, j our friendly relations with either of the j parties, but lo observe in all respects, as j heretofore, should the warbecontinred. the most perfect neutrality between them.”— ! of Texas into the Union, as soon as it could i propositions of that character which were 1 be done consistently with the pr inciples of ! submitted to it, the power in questit m was the Federal Constitution. The reasons in } described as follows, viz : “that pn ivision favor of this measure, I stated at large in ! oughltobemade for the admission of States, that document. | lawfully arising within the limits of the In taking this step, the administration of! United States, whether arising from a vol- E this President Jackson renewed, (but, as was supposed, under more favorable circum stances,) an attempt to accomplish the same object, which had been made by its imme diate predecessor. Instructions, similar in their general object, had, in the second year of the latter administratiqn, been sent from the Department of Stale to the same American minister at Mexico. I am CCLESIASTICAL Republicanism and Preabv- ' n ot aware that there were any material p,2'f n r °? t P ^ Ucy .’ ll ,' e S ' ri P tu ™! anc L P ™!* j differences between them., other than that j those of 1827 proposed an acquisition of territory as far west as the Rio del Norte W H. C. HILLS, Commission Merchant, (at HIS OLD STAND,) Savannah, Georgia. September 5, 1S43. 34 tf New and Valuable Books. ^Polity ‘>f tbe Church, by Rev. Thos. Smyth, U., Charleston, Su C. Trie above book for sale at Mr. Bancroft’s Store, in utitary juuction ofgovernmeutorolb erwise, with the consent of a number of voices in the legislature, less than the whohe.” In Mr. Charles Pinkney’s draft, it Tvas pro posed “that the legislature shrall have power to admit new States into th e Union, on the same terms with the origina 1 States, provided two-thirds of the member s present in both Houses agree”—leaving out the clause in respect to the characte r of the tenitory. Mr. Randolph’s pit >positioii, containing the restriction confi ning the power to States lawfully arising i cithin the Milledyeville, Dec. 5, 1843 47 tf being, I believe, the extieme western boun- limits of the United States was al. one time dary of Texas—whilst the cession asked for by President Jackson extended as far west as the centre of the Desert or Grand I B „ Prairie, which lies east of the river Nue- lhe . back and beHy, and with a white j t j, at f or the former, the payment ri" 1 with the f<* lowing ear marks, viz: crop in the , ’ .... c l m Ii- J ear, a swallow fork at the end of the left ear, of one million of dollars WES authorized, «ne underneath. Supposed to have straved from whilst by the administration of President lawfully constituted or estabhs ned within e drover.. The owner is requested to come for- Jackson, the American minister was per-, the limits of the United States, might be -r. ; prove propeny^pay^expeMes^an^Mtk^hitn miite(J t(J g0 as high as four, and, if indis- j admitted by the legislature in t)bis govern- MiiiedgcviUe, May 7, 1844 17 2t i peneable, five millions. Both authoiized I roent. 2nd. That to such ado.ussion> the Stray Ox. J 'AME to the plantation of Francis V. Delaunay, neur Milledgeville. gome time since, a larjje brin- die * hca r 'sfit ear, a swallow fork at the end of the left etir, and one und ' ftome drover adopted in committee of the who le, and, in that state, referred with others tc* the com mittee of detail. In a draft of a. constitu tion, reported by that committee , the arti cle upon this subject contained the follow ing propositions: 1st, That n<;w States, thought proper to specify. It \va3 under thi3 view of the constitu tion that the purchase of Louisiana in 1803, only fifteen years after the adoption of the constitution, promising the incorporation of the ceded territory iuto the Union, and the admission, as soon as possible, of the inhabitants to the enjoyment of all the rights, advantages, and immunities of citi zens of the United States, was ratified, con firmed, and finally executed by every branch of the federal government whose co-opera- tiun is required by the constitution. It is true that Mr. Jefferson, in the interval be tween the negotiation and submission of the treaty to the Senate, threw out the opinion that the constitution had made no provision for our holding foreign territory, nor for incorporating foreign States into the Union. The fact of his approving the treaty, and the laws necessary to its execu tion, must, however, be. regarded as conclu sive proof that, upon looking further into the matter, his opinion was changed. The attempt, to convince him of his error was made by his friend, Governor Nicholas, as appears by Mr. Jefferson’s letter to him; and l have little doubt that, ifhisletteis to Breckenridge and Nicholas had been pub lished in his life-time, or his attention been in any other way directed to their coutents, he would, from his habitual care in such matters, have avowed the change, and ex plained the grounds on wffiich it was based. It is equally true that the acceptance of the cession, as well as the admission of the State, became party questions, and were contested with parlizan warmth. Of the ■vitai importance of that great acquisition to the safety, prosperity, and honor of the whole Union, there can, however, now be no diversity of opinion. But the councils of the nation, in the course of time, ceased to be at all divided upon the question ot constitutional power to accept a cession of foreign territory, with a view to its ultimate admission into the Union. In 1S19 the Spanish treaty for the cession of East and West Florida, containing the usual stipu lation for ultimate incorporation into the Union, was ratified ; and, upon the call of the names of the senators present, it ap peared that every one voted for the rati fication. Upon the question of constitution al power, so far as that case went, the Senate of the United States had, therefore, become unanimous. Certainly no remarks are necessary to sbow that there can be no possible differ ence produced in the constitutional question by the relative positions of the territory comprising Louisiana, the Floridas, and Texas, in respect to the old United States. I have gone thus fully and minutely into this matter, as well from a deep sense of the vast importance of the question, as from a sincere desire to satisfy those of my friends who may differ from me on this point, and whose opinions I hold in the highest respect, that I have not yielded my assent hastily or unadvisedly to the views I have taken of the subject. Having thus given my views upon the constitutional question, I will, with the same frankness, answer the remaining por tion of your inquiries, viz : the expediency of immediately annexing Texas to the Uni ted States, or so soon as her consent to such annexation may be obtained. I have already referred to an application for the accomplishment of the same ob ject. that was made to this government hy Texas whilst I was President. The bis- the people of the United States. The cor respondence was, very soon after it took place, communicated to Congress, and al though the public mind was at the time in a state of the highest excitement, and the ad ministration daily assailed through every j avenue by which it was deemed approach-1 able, I am yet to see the first sentence of complaint upon that point, in any quarter of the Union. Even a resolution offered in the Senate, declaring annexation, whenev er it could be effected consistenly with the public faith and treaty stipulations of the United States, desirable,’ was ordered to be laid upon the table; and a similar dis position was made in the House of the pa pers upon the subject, which had been re ferred to the committee on Foreign Rela tions. and that committee discharged from the further consideration of the matter, | upon its own application. Nor were the friendly relations then existing between that republic and the United States—to its honor be it said—in any preceptible degree impaired by this decision. Standing in this position before the country, it becomes my duty to consider whether either the nature of the ques tion, or the circumstances of the case, have so far changed as to justify me in now ad vising a policy from which I then, in the most solemn form, dissented. In giving to you, and through you to the public, the result of a very careful and dis passionate exatr.i i&tion of this grave ques tion. I should neither do justice to yourself, to the patriotic State which you, in conjunc- tion with others, are to represent in the ’ convention, to the people of the United States, nor to my own position, if I failed to accompany it with a brief exposition of the grounds upon which I have proceeded. It is in that way only that justice can be done to my intentions; and that is all I desire. The annexation of the territory, and the consequent assumption by us of a responsibility to protect and defend its in-: habitants, would, in respect to the consul-! eration to which I am about to refer, stand J upon the same footing with that of its ad-1 mission as a State. The recognition ofi Texas as an independent State, was a meas ; ure which received, in various and appro-1 priate forms, the sanction of every depart- j ment of the government, whose co-opera- j tion was necessary to its validity, and had j my hearty concurrence. From this act of our government, just and proper in all re spects as it was, an inference has however been drawn, and brought to bear upon the present question, not only very far beyond its real bearing, but by which its true char acter is entirely reversed. Many persons who enter upon the consideration of the subiect with the purest intentions, and are incapable of knowingly giving a false inter pretation to any thing connected with it, take it for granted that the United States, in recognising the independence of Texas, declared to the world, not only that she was independent in fact, but also that she was such of right. Acting upon this erroneous construction, they very naturally conclude, that, having gone thus far, having examined into and passed not only upon the existence of her independence, but also opoti her right to its enjoyment, it is now (and more especially after the lapse of several years) too late to hesitate upon the question of an nexation on the ground of any existing con troversy upon those points. The fallacy of this reasoning will be apparent when it ia conside4kl that the usage of nations to The Co umittee on Foreign Affaits, in their ; elaborate report upon tbesuhject, sav: “out recognition must necessarily be co-existent j only with the fact on which it is founded, j and cannot survive it. While the nations j of South America are actually independent, ! it is simply to speak the truth to acknowl edge them to be so. Should Spain, contra- ! ry to her avowed principle and acknowl edged interest, renew the war for the con quest of South America, we shall indeed regret it; but we shall observe, as we have dione, between the independent parties, an (honest and impartial neutrality.” The •Secretary of State, in defence of the act of recognition, said to the Spanish minister : “ This recognition is neitherintended to in validate any r ght of Spain, nor to affect i the employment of any means which she j may yet be disposed or enabled to use, with ! the view of re-uniting those provinces to j the test of her dominions.” That these a- j vowals were in strict conformity to the true principles of the law of nations, there can he no doubt. They were, at all events, those which this govern ment has solemnly an nounced as its rule of action in regard to con tests between rival parties for the supreme power in foreign States. That the admis sion of Texas as a member of this confed eracy, whilst the contest for the mainte nance of the independence she had acquired was still pending, and a consequent assump tion of the responsibility of protecting her against invasion, would have been a plain departure from the laws and usages of na tions, and a violation of the principles to which we had avowed our adherence in the face of the world, was too clear to he dou bt- ed. Thus believing, I had, on the occasion to which I have referred, in the faithful discharge of the trust which the people had re posed in me. but one course to puisue; and that was promptly, but respectfully a- dopted. I return now to the question, Has the condition of the contest between Texas and Mexico, for the sovereignty of the former, so far changed as to render these principles now inapplicable ? What is the attitude which these two states at this mo ment occupy towards each other I Are they at war, or are they not 1 We cannot evade this question, it we would. To enu merate all the circumstances bearing upon it, in a communication like this, would he impracticable, nor is it necessary. In re spect to the parties themselves, there would seem to be no misunderstanding upon the subject. Mexico has been incessant in her avowals, as well to our government as to others, of the continuance of the war, and of her determination to prosecute it. How does Texas tegard her position in respect to the war with Mexico I Three years subsequent to our recognition of her in dependence, we find her entering into a stipulation with a foreign power to accept of her mediation to bring about a cessa tion of hostilities between her and Mexico, engaging to assume a million sterling of the debt due from Mexico to the subjects of that power, if she, through her influence, obtained from Mexico an unlimited truce in respect to the war then raging between her and Texas within one month, and a treaty of peace in six. At late as last June, we see a proclamation of the Presi dent of Texas, declaring a suspension of hostilities between the two pow’ers during the pendency of negotiations to be enter ed upon between them, issued on the sup position that a similar proclamation would be issued by Mexico ; and actual hostilities are now only suspended by an armistice to be continued for a specified and short peri od, for the sake of negotiation. Nor are onr own views upon the point less expli cit. In the published letter of the late Secretary of Stale, to the Mexican Minis ter at Washington, written in December last, he says : “ Nearly eight years have elapsed since Texas declared her indepen dence. During all that time Mexico lias asserted her right of jurisdiction and do minion over that country, and has endea vored to enforce it by at ms.” In the Presi dent’s Message to Congress, it is stated : “ That the war which has existed for so long a time between Mexico and Texas, has, since the battle of San Jacinto, con sisted for the most part of predatory incur sions, which, while they have been attend ed with much of suffering to individuals, and kept the borders of the two countries in a state of constant alarm, have failed to approach to any definite result." And after commenting with much truth upon the in sufficiency of the armaments which Mexico has fitted out for the subjection of Texas— on the length of time which has elapsed since the latter declared her independence —on the perseverance, notwithstanding, in plans of reconquest by Mexico—on her re fusal to acknowledge the independence of Texas, and on the evils of border warfare, the message adds : “ The United States have an immediate interest in seeing an end put to the state of hostilities between Mexi co and Texas following up the rematk with a forcible remonstrance against the continuance of the war. and a very just and impressive statement of the reasons why it should cease. This remonstrance is. in my opinion, entirely just and perfectly proper. The government of the" United States should be at all times ready to interpose its good offices to bring about a speedy, and as far as practicable, a satisfactory adjust ment of this long pending controversy.— Its whole influence should he exerted, con stantly, zealously, and in good faith, to ad vance so desirable an object; and in the process of time it can, without doubt, be accomplished. But what, my dear sir, is the true and undisguised character of the remedy for these evils, which would be ap plied hy the “ immediate annexation of Texas to the United States ?” Is it more or less than saying to Mexico, W'e feel ourselves aggrieved by the continuance of this war between you and Texas ; we have an interest in seeing it terminated ; we will accomplish that object by taking the disput ed territory to ourselves ; we will make Texas a part of the United States, so that those plans of reconquest, which we know you are maturing, to be successful, must be made so against the power that we can bring intothe contest; if the war is to be continued, as we understand to be your de sign, the United States are henceforth to be regarded as one of the belligerents 1 We must look at this matter as it reallv stands. We shall act under the eye of ar intelligent, observing wot Id ; and the affair cannot he made to wear a different aspect from what it deserves,if even we had the disposition (which we have not) to throw over it disguises of any kind. We should consider whether there is any way in which the peace of this country can be preserv ed, should an immediate annexation take place, save one—and that is, according to present appearances,.the improbable event that Mexico will be deterred from the far ther prosecution of the war by the appre hension of onr power. How does that matter stand ? She has caused us to be informed, both at Mexico arid here, in a manner the most formal and solemn, that she will feel herself con9tiained, by every consideration that can influence the con duct of a nation, to regard the fact of an nexation as an act of war on the part of the United States, and that she will, notwith standing, prosecute her attempts to regain Texas, regardless ot consequences. Ex ceptions a> “, however, taken hy the Presi dent, and l think very justly taken, to the manner in which this determination has been announced. The Mexican govern ment should certainly have applied in a be coming spirit to ours fur explanations of its intention. If it found this government un der the impression that Mexico, although it might not he willing to acknowledge its independence, had abandoned all serious hope of reconquering Texas, Mexico should have assured us of our error, reroon strated against any action on our part based on that erroneous assumption, and declar ed firmly, if it pleased, hut in that courte ous and respectful manner which is a'one suited to the intercourse between nations who profess to be friends, its determination to oppose us. Instead of taking a course, the propriety of which w as so obvious, sha first assumes, upon grounds which were neither proper *?or 3afe for her to act upon, that this government had designs upon Tex as ; then denounces the annexation as a great national crime, and forthwith pro claims instant war as the penalty of our persisting in such an attempt ; and all this in language bearing certainly, (although subsequently disavowed,) every apoear- ance of menace. But this is a besetting, and very ancient foible of the mother country, as well as of her descendants, in their diplomatic inter course. Every one conversant with the subject of Spauish relations, knows that at least from the time of Don Louis d’. ids to the present day, this government has been frequently—not to say continually—subjec ted to this species of diplomatic dogma tism. Partly in consequence of the genius of their language ; partly from their pe culiar temperament ; much from habit, but more from a radical defect of judg ment,—they continue the use of language in their state papers, which better temper ed. if not wiser diplomatists have almost every where laid aside as worse than use less. But at no time has out government suffered its action upon great national ques tions to be influenced by such petulence. From the time of the modest, yet firm Madison, to the late Mr. Upshur, (whose melancholy fate is so justly and generally lamented,) has every Secretary of State, acting under the direction of the execu tive, deemed it sufficient to place the gov ernment and minister employing it in the wrong, by shewing its injustice as well as its futility. Mi e have then heretofore, asl hope we shall now, decided to act in the matter under consideration in a mannet which was deemed due to justice and D our own character, without being in am degree influenced by such unavailing me naces. It is foreign to my habit, and re pugnanttomy feelings, to say any thin, that should offend the pride of any nation ;f the declarations of individuals ecu], possibly have that effect, being sincere! desirous that the United States should cu : tivate friendly relations with all. But wit a population not equal to half that of tb United States, and laboring under man and serious disadvantages, from which ft are comparatively free, Mexico could no with propriety, be offended by the assurm tion that this government may act as Y would have done had no such menace bee made, without tbe slightest danger of b* ing regarded by the rest of the world, ; - having been intimidated by threats of w; from that republic. So at least I shoo act, if tbe direction of public affiurs we< in my hands. Thequestion Him reao* .

Georgia Historic Newspapers

Southern recorder. (Milledgeville, Ga.) 1820-1872, May 14, 1844, Image 1