New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-01-19

the retreat Of Fiisola across the river Gen. Rusk
who was stll q, the head Of the army Of Texas and
stationed AZ the Guadalupe ordering the families
| between that part and the RIO GTande % retire %
MS rear. or o remove % the western bank OF the
river the most Of them did retire 70 bis rear bat
many Of the Mexicsns preferred to cross the river
| and settle on the opposite siie. Now. Sir how
| this taking possession Of the country You may
| make solitude, and call i peace or you may
empty country Of It's population and cal u Occa-
| psncy or possession bat you acquire 10 right by
| the misaDplca.iOn Of terms. The portion Of the
| people friendly % Texas withdrew 20 the rear Of
| Gen. Rusk that is beyond the Guadalupe which
is farther east even than the Eueces. Certainly,
! they were Dot taking possession Of the country
which they thus abandoned. Certainly they were
not occupying the Valley Of the Rio Grander when
they fed from il % the east OF the Guadalupe 20
| avoid the horrors Of border war. SO the Mexican
population withdrew 10 the western bank Of the
River, and the country was deserted.
| Bat my colleague rests his argument upon the
ground that II Texas had not sctus possession, she
| had potentially, as Dr. Johnson would have said
N AZ is, that she had the power 70 occupy L. Well
Sir deny that the power 70 take possession, would
| give a constructive possession Ii is not legal
| position that can be maintained. as between in
diyiduas, actual possession Of every acre Of tract
81 land is not necessary 70 right II we have the
| title TO the whole, and the actual possession Of
part, the residue not being possessed by another
the actual possession Of part will operate the con
.tructive possession Of the whole. IL IS so with
nations. Bat Texas had no right by possession as
shall demonstrate 10 be the case; and the mere
power 70 possess II she had been able 70 take and
N sntan possession. which / do not admit would not
give constructive possession. right b the whole
coupled with possession Of part would answer.
Bat Texas was a revolutionary government and
could not dvest the title Of Tamsulipas and other
Mexican States 10 the lands lying within their
spective and undoubted limits, except by taking
IL -. 4 a off
by her settlers or her soldiers for the occasional
passage OF troops across the country was not pos
session. and, in fact the MexicGns crossed II thus,
as well rs the Texans. Predatory excursions and
border iorays were never held 70 make posses
sion.
But my colleague saws that Gen Rusz, for the
purpose Of facilitating the removal Of those occupy
ing the country and OF watching the movements OF
the Mexican army. and preparatory 10 an advance
upon MstamorOs dispatched Gen. Felix Houston
with sufficient force TO take possession OF Corpus
Christi, and that was done. This was true, Sir
and this is a good point mean as 70 the right OF
Texas up 20 that limit which indeed freely admit
to have been the frontier of Texas. Beyond this
they did not go beyond this they had no posses
sion in the legitimate OF the word, and there
fore 1 deny that the establishment OF the post al
Corpus Christi established the claim Of Texas up
70 the Rio Grande
Texas had no establishments there she bad
erected no forts, she had civil officers in that
country no, / believe, not so much as jas
Lice Of the peace constable. But II IA SAID as
prof Of possession OF this country that at an cleo
ton held al Corpus Christi IN lsi2-certain settlers
! came from the disputed territory and voted And
i is asserted tba. Texas thereby and then estab-
lished her authority, not where they voted, bat
where they did not vote. Well, | assert exactly
the reverse. and ask whether If her authority had
been established on the Rio Grsnde she would have
required her citizens TO travel 50 miles TO give
their votes Why, If Texas had established any
authority or jurisdiction on the Rio Grande, she
would at least have had the election so held 10
accommodate these poor fellows who were so de-
sirous of exercising the elective franchise. Now,
care not whether these people went to Corpus
Christi TO vote not nobody knows who they
were or whence they came, how they were in
duced to come, whether they were the poor fisher
men Of Padre Island. or struggling herdsmen who
attended the focks, like the nomads OF the East
ern world. The whole thing wants precision 70
make it valuable as a fact, and If Texas had not
even an election precinct on the Rio Grande cOun-
try, that OF itself is sufficient proof that she had
no establishment there which could constitute pos
session.
The other fact which my colleague cites as an
authority 10 prove the right of Texas 10 what he
stated. the authority of the Senator from Texas,
that certain purchases Of the colony grants OF Ia
maulipas had their deeds recorded 10 Texas. we
10 not know when they were executed and &C.
finish, to give it certainty and make It available
But suppose that be So and what does II amount
70 more than this that some shrewd hedging Tel
lows, knowing that the country was claimed by
Texas and supposing it might one day be acquired
by it, thought 1t prudent 70 have these deeds re
corded in Texas, as well, probably, as at Matamo-
ros as future evidence OF their title. The fact IN
deed is stated little too broadly for II is said this
was done as far back as 1894; when, in TACT, the
revolution in Texas only took place in 1885. At all
events assuming the fact TO its fullest extent It on
~ proves that Texas had clerks nor record OH
GERS in the region Of $50 miles north
Ny colleague says that no Mexican authorities
were to be found there, and that Mexico had lost
the right she once had Now propose TO refer to
few authorities to show you the other side OF the
question and think that these authorities cannot
be overthrown. shall invoke first the authority
Of the Senator from Missouri. whose elaborate re-
search and whose accurate and minute information,
have been the boast of his friends and the sdmira
ton Of his opponents. Now let me read from
speech made by that Senator after the formation OF
the annexation treaty. IL will be recolected that
he introduced a bill for the annexation OF Texas,
and in that bill he submitted several propositions as
the bases Of his proposed arrangement. Here Is
what he says on the sub ect Of boundary:
"Th- bill which ask leave bring in. beside suhor-
ling and requesting the President 10 treat with Mexico
and Texas for adjustment OF boundaries and or the
Of the latter 70 the North American Union,
proposes bases for the treaties expected 10 be made
Boundary Of these; and In this the basis conforms
70 the geographical divisions Of the countryo our nat1-
raj and proper mts-to the line FIRST ind Gated IN PIesi
dsnt Jseksons proposition, as communicated BY Ny Van
buren, 10 Nj Ponsett In 1879 and II conforms 70 the
boundary desgnsted In Mr. Rsndophs report In 1906 and
TO the resolution Of The Hoase OF Representative adopted
IN pursuance 10 ths report aud already read 70 the Sen
.te Leaving the Rio Granoe aud all its valley and va
tiers 10 ihe Mexiesns and the Mississippi valley and IT.
waters nited States 70 follow the noun
tain h chs from the south Pass, In the Rocky Noun
t-ius called Fremons Pass in The map Of the Tepogfs
phica Bureau song the Sierra Obseuie Dark Nogntsin
until subsidies iro plain approaches the Gull OF
Mexico; and then reaching the Gall BY hoe IN the de-
ssrt prairie the Of the RIO Nuec.s Walnut Rverl
the boundary between the United states and Mexi-
60 pointed the bnser Of Nature, agreed upon y
eminent statesmen proper for Mexico as Tor ourselves
md written down IN the Book Of Fate and the aw 81 N-
tgre a. toe and permanent boundary between the two
frst powers Of the New World Soon sle lha, bound
ary viii be established . 800
SThe RIO GIsnee eslNore Great River Of the NoThls
Mexican By position and possession, and 10 the
Mexicans may forever beong The AissisPpl, and az
rs waters are ours and 70 the dsmeu bered pas must
return The country Of the Nueees and including
I'D from position. geographical shuities, soil products
and natural Dependence Is apprreasnt 70 the valley OF
The Mississippi Asd must apc Will 20 where eonsflty
and hl.nogeniay strket T. No wise man in &C ete Of
commerce. great rver beyoni is nAural IRON
ier) for national boundary Il Is boundary fruitful o.
expense and Of every species q eoision and eoo IN