The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-08-12

river was IN dispute when the war between
the United States and Mexico commenced.
Texas, BY a successful revolution in April,
1886, achieved and subsequently, maintain
ed her independence. 10 By an act Of the
congress OF Texas passed in December,
1886, her western boundary was declared
10 be the Rio Grande, from its mouth TO its
source, and thence due north to the forty
second degree of north latitude. Though
the republic Of Texas. by many acts Of SOW
ereigny which she exerted and exercised,
soIne Of which, were stated in my annual
message Of December. 1876. had establish
ed her clear title TO the country west Of the
Npeces and bordering on that part Of the
Rio GIande which lies below the province
Of New Mexico, she had never conquered,
or reduced to actual possession, and brought
under her government and laws, that par. Of
New Mexico lying east Of the Rio Grande,
which she claimed to be within her limits.
On the breaking out of the war, we found
Mexico in possession Of this disputed terri
tory. As our army approached Santa Fe,
(lhe capital Of New Mexico it was found
10 lae held by governor under Mexican au-
thority, and an armed force collected to re-
sist our advance. The inhabitants were
Mexicans, acknowledging allegiance TO
Mexico. The boundary in dispute was the
line between the two countries engaged in
actual war, and the settlement of it, Of ne
cessity, depended on treaty OF peace.
Finding the Mexican authorities and peo-
pie in possession, our forces conquered them.
and extended military rule over them and
the territory which they actually occupied,
in lieu Of the sovereignty which was dis
placed. Ii was not possible to disturb or
change the practical boundary line in the
midst OF the war, when no negotiation for
its adjustment could be opened, and when
Texas was not present, by her constituted
authorities, to establish and maintain gov
eminent over hostile Mexican population,
who acknowledged no allegiance to her.
There was, therefore, no alternative left,
but to establish and maintain military rule,
during the war, over the conquered people
in the disputed territory, who had submitted
to our arms, or to forbear the exercise Of our
belligerent rights, and leave them in state
of anarchy and without control.
Whether the country in dispute rightfully
belonged to Mexico or to Texas, it was our
right in the first case, and our duty as well
as our right in the latter, to conquer and
hold it, Whilst this territory was in our
possession as conquerors, with population
hostile to the United States, which more
than once broke out in open instruction,
it was our unquestionable duty to continue
our military occupation Of it until the con-
clusion Of the war, and to establish over il
military government necessary for our own
security, as well as for the protection Of the
conquered people.
BY the joint resolution OF Congress Of
March 1, 1915, "for annexing Texas to the
United States" the adjustment Of all ques-
tons of boundary which may arise with
other government" was reserved TO this gov
eminent. When the conquest Of New
Mexico was consummated by our arms, the
question Of boundary remained still unad
iusted. Until the exchange Of the rati6ca
tons Of the late treaty, New Mexico nevel
became an undisputed portion Of the UniteC
States; and it would, therefore, have beer
premature TO deliver over to Texas tina
portion Of il, on the east side Of the Rio
Grande, to which she asserted claim
However Just the right Of Texas mish
have been to it, thai right had never beer
reduced to her possession. and it was con
tested by Mexico.
BY the cession of the whole Of New
Mexico on both sides Of the Rio Grande Il
the United States, the question Of disputes
boundary, SO far as Mexico is concerned
has been settled; leaving the question as L
the true limits Of Texas, in New Mexico
to be adjusted between that State and tn
United States. Under the Circumstance
existing during the tendency Of the wal
and while the whole Of New Mexico, a
claimed by our enemy, was in our militar
occupation, | was not unmindful OF tn
| rights Of Texas to that portion Of it whic
she claimed to be within her limits. In an
swer To letter from the governor Of TIE,
: as, dated on the 4th Of January, 1647, Ii
|, Secretary Of State, by my directions, il
formed him, in letter Of the 18th OF Eel
n ruary, 1847, that in the Presidents annui
message Of December, 1886, "You ha,
already perceived that New Mexico is
. present in the temporary occupation OF Il
troops Of the United States, and the go
} eminent over it is military in its character
i Ii is merely such government as mu
}. exist under the laws Of nations and OF wa
, to preserve order and protect the rights
! the inhabitants, and will cease on the CO..
, clusion Of treaty of peace with Mexic
' Nothing, therefore, can be more certa
d than that this temporary government, .
sulting from necessity, can never injuriou
E ly affect the right which the President b
Q lieves to be Justly asserted by Texas to 4
!. whole territory on this side OF the X
r (irantle, whenever the Mexican claim to
a shall nave been extinguished by treaty. b
!. this is subject which more properly b
! llongs to the legislative than the executi'
a branch OF the government.
al The result Of the whole is, that Tex
d had asserted right to that part OF Ne
II Mexico east of the Rio Grande, which
believed, under the Acts Of Congress for I
!. annexation and admission of Texas into 4
, Union as State, and under the Constit
a ton and laws Of Texas, to be well founde'
n but this right had never been reduced ID b
e actual possession and occupancy. II
l. general government, possessing exclusive