Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-09-24

| ,od States she rs aIt0BErHET
made her on satisfactory TO the rapacly OF ee-sol
| ism now dominant in this Congress- She refuses Sh
thereby only excludes herself from the pance tha mny o
offered for though her assent is requisite unl II DC gve
h r,ed States engrosses ALL and holds BY force. This
indeed shallow device 20 make your own terms or engros
the whole -. ~, :;
The rned States! and the President bound to main
tain il? Most assuecy not There are troops OF inc VI
States there but there are in every STATE oil the Union
ssoecay in those having frontiers nelghoolng on "re4t
n.r or exposed Indian Expectations. These troops ear
establish no civil jurisdiction They are as they are onnn'
10 lie lime OF peace, subordinate 10 Inc c' power. lex
~ i one Of the States the Union and tue possession
the Federal Govcrnmtn Of any territory claimed by her l.
naturally and persumpiycly her possession Even more
CLEARLY IS such the natural conclusion from The mere military
occupation BY the troops oi The common Government.
But sir we left 10 presumption here Nehnpw ina
before the with Mexico, Texas claimed this territory
Her claim by the compact o annexation is certainly ecog
nzsd by United States running above - 50 North
latitude. That compact retained 10 Tie United states ut
mower adjusting her boundaries hr treaty with other m
lona Bat III The negotiations OF Mr.. D,neson the obligation
Oh the part tie United States 10 assert this claim and o
tain it, if fairly praca5e, by treaty. was cerainr mn
posed That effort zcal'us'y made By Mr.. POLK
Administrations and the instructions gwen 10 our nun
lister distinctly pointed II, and urged the establish
mrn of the right OF Ieya, 10 the territory east al the
/ Rio Graudr. Failing negotiation, the var was d.
carcd and fought the gr'and thai Texas extended 70 te
Rio randc aud that consequently American blood HAD hee
shed on American soil. NJ distinction WAS then attempted
between the lower and upper Ri GIane certainly none
was made hy This Government By that war h!s Govern
incn III all departments, Trvocaby COMMITTED oeioc
the civilized world Tie right VI Texas IL the rio utah!e;
else the III rapinc and robbery ana te mono!
and Justice of the Union irrctrcyaoy forfeited When THIS
territory invaded aud 'upled dmng the war, II was
done conessedy in maintenance " the rgat Of Texas aud
in her behalf The competency Of the President s com
mande chief igraats tehO 10 determine and declare Tie
pr,uscs of any military expedition and tie quo ammo with
winch country j. Invaded and held can hardly be coho-
veried During the whole whr IN ms messages ana III Il
letter Texas IN reference 10 Inc posses
sion tins territory his CONVICTIONS as - Inc ceti
rshr Texas and the auxiliary character o is military oc-
cupancy explicitly stated. And alter hc war VIZ.
Folks Administration positive otdv!s 10 the military
commanders occupancy 10 facilitate and AID whatever
Efforts Texas might mako establish civil jurisdiction over
it, Congress all this time merely acluesced out far
as action taken all coniormed ~ and sustained ihe
views OF the Administration General laylors Adil!nsi-
ton modified the orders given 10 the commanders but Only
10 the extent they should part way in case
OF effort by Texas To organize the territory lheg wee
not interfere against Texas but 60 10 arrange their
troops avoid conflict with her authorizes
/ There may be reasons u appehend that al iasei
day General rayos Administration had concluded to pro-
coed step further and discourage all such attempts at or
ganzaon by Texas Certainly there no official commit
tai ey him adversary holding and the sc OF force Ia
maintain it. The undivided responsibility Of that position
is the present Executive Before this Congress- while
uvu may have asserted tn existence Of controversy
about title of Texas 10 the Rio Grande, alirin WIN
Confidence such controversy Was never recognized W ms
Government any Of It's departments and except tor He
stress rested upon il By dnguSr! Senators who wished
make il element 10 promote the passage OF system i
obnoxious measures, il is very doubtful whether It would
have been grlvry Insisted Certainly the tFst oi-
- ~ by President
he originates, decides and threatens 10 inlntan With force
adverse holding oi the whole against Texas In hiS lie
distinctly re5ukes both his prcdeccssasr Polk, who or
red the troops III the United States 10 AID Texas and Cen
eia Tay lor, who enonea neutrality them II there oe
competency in the Executive 10 determine even primarily
the possession OF his territory and he nature and extent 81
its possession surely during and after the war II pe!tnei
Mr. Poia and his determination that The possession o;
liz" United States suoor.lnation and aid OF leXns
conclusive Al least the drclson Of General layo;
IL hold adversely might be- held binding On his successor;
bu, Mr. Fillmore nicely claims the power 10 til Execu-
determine the possession but 10 himself peculry-
lie makes u TIE action and decisions .: fe'-
Jus Presidents.
The nx position of the President in the presented
By him H. that the treaty vi Giaaupa Hdgo applies 10
ad in force aw in Ne" Mexico and that the C"nsi!
utlon requires him Ia execute H. ana euorce us
I'll liberty, property, aG rel Jon - the MeNicanS resident
le-. Ne gives force validity 10 any other laws Or
government either civil or military existing th.fe but DIS
Ginning The authority 10 establish such IN himself or the
people There rests his o5abn on the Constitution ana
treaty. along This involves Il i'm on the part Ex-
cuve both interpret and enforce treaty. The Startling
character Of such assumption has been exposed aud en-
forced #iih such ability by hr gentennn from orgia w
Sehctsl that merely refer 10 H. II certainly coniounds
the distinctions between the Judicial ani executive depart
nlrnt, and engfosscs the powers vi both IN MI fhFe
In nany perhaps 81 trcae-. the obligation OF
providing Tor their enforcement by Ia" rests IN III" ie=iSI
lis. department. and the principle extended 10 such, would
make President dispense with Congress readily as he
proposes 10 disregard tile Judiciary.
But reasoning the Presidents premises, how VIII the
treaty guarantees be S!oited ar endangered ny The ~
tension .: the jurisdiction d; Texas New Mexico =
The treaty makes special luson nor IMPOSES any pecu-
liar obligations relation New Mexico II merely dia"s
line of denarcaon between the whole territory coded the
nitcd STATES ani MeXc1 hnd Tie guarantees Ia Hhey,
proreIiv and religion apply alike Ia the MeNcans residing
any pari whether On the lower Rio Gtande, IN View
Mexico or California. Texas the Sttts oi the
Uniun fully bound respect and emo the treaty.
The extension nf her jurisdiction hy besowng the proec
lion OF republican aud Stte Government, and ln+ung
of judicial process, and the regular administration
oil justice might indeed facilitate the execution of the tea
~ and the enforcement Of its @unranttes. But unless the
laws and judicial proceedings vi Texas initiate against lib
ey, property aud religion, how can her jurisdiction con-
ict witi the treaty and It's guanccs Ia pretend So is
rcproach and insult Texas, erauitous nnioundtd
BIN if The possession of Texas he inconsistent the
treaty. position does the President place himself l.!
Her jurisdiction has been extended and actually exists over
lne portions territory on lower Rio Crancr, in
her possession before the war; and equally with New Mex
embraced IN the terms OF The treaty His Obligation To
execute its the there rs in New Mexico
viii m employ the militia and military force ot the Union 10
out her there? On his grounds he will he under solemn OBJ
legation do and nc must wage war Ia disposSess her
Agnn: Ii her jurisdiction oe ncnnsisren; with THE treaty,
what ockrry 10 profess tia; her assent necessary the
settlement o boundaries and that her claim may b. al
lowed by Congress by legal aiudcaon The treaty Is
binding both Congress and Texas aGd its guarantees
preclude the admission Of her jurisdiction, she mast III
he excluded and the President under his sense of OBJ
aon 10 execute as the supreme law must lake care that
she be forever debIrred.
But ur,hcr Ii the jurisdiction Of Texas, State of the
Union, be inconsistent with the treaty, how does stand
with California; All the territory lie best part o which
has been engrossed by that socaled State, i equally
!
there equally he secured liberty property and rel
gon; yet jurisdiction OF that pretended state, formed BY
hordes Of Adventures from every cline, of every
pexon and language, certainly without authority and
think by palpabe surpaton is established and recognized
Surely the jurisdiction of Texas State in the Union
Inconsistent with the treaty than that OF Cali
forna usurper admitted State, whose first
acts fiom authentic ntnnlon have been abolish peo
mage, established right among the Mexicans and 10 lay
impstons ieli 5y them Most oppressive and exac,ing
There might indeed be just petcnce that her jurisdiction
afforded adequate guarantees OF liberty property and
religion, 10 the resident MexcaEs But her authority
lodged and the sanction OF Congress recommended
be given 10 it BY her admission while the jurisdiction
Texas be resisted with the sword subversve vi the
treaty and in conflict will! the liberty property, and religion
OF the Mescans In such peposterous Inconsistencies is
The President involved.
In this connection had intended Mr. Chairman to ex-
pose the sophsry and spec pleading used by the
~ State pantc the proceedings the officers and peo-
pie Of New Mexico in their late Unauthorized proceeedngs
form constitution and government do understand
him 10 justify thcm for happy he pronoun-
their proposed government nuili,y My time howe
YER will not allow, and proceed the only further posi-
| lion assumed by the President sustain his proposed
II is that by the OF February % 1895 and
March 1907 he is empowered employ in the presen,
the militia and military forces of the Union. deny
this wholly. In the first place. the authority call and
employ the militia by the law Of 1875 limited expressly
the of distractions the the laws