Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-22

JUNE %, 1850.
representatives to the Congress of the United States For
this purpose she divided the State Congressional districts
but she takes no notice of any claim for representation
the part OF New Mexico. Then, again, little further on,
CAPRI s46 she established udicial districts Of the dis
trc courts for the State but she did not go within long
way Of new Mexico. Then, again, the same day. she
passed an act for the enumeration Of the inhabitants of the
State Of Texas The Senator from Texas say if any
New Mexican was ever counted in that enumeration Again
the proceeds to further organize the counties of the State
and she established that one session hty-one new ones
through all her Jurisdiction but she did approach within
long way OF New Mexico She then passed Fer acts for
the taxation OF Estates real and PERSONAL of residents and
residents, and the Senators from Texas say of
property real or PERSONAL taxed in New Mexico
Yet this the first attribute Of sovereignty and the right
existed 1t is the first that Texas would have exercised and
the last she would have yielded
This was the state Of things the year after the treaty Of
annexaon when Texas of the States of this Union,
and was perfectly safe to claim all her rghda jurisdiction
Sir, her Legislature made claim. And permit here say
that this was the only way in which she sovereign pow
err could CLAIM jurisdiction II is idle to talk Of what
thought by this that what said in the street
Her laws the opponents of her intentions This them
the situation Of things in 1885, and that way they
went on from ls46 to 1850. Congress met the first Mon
day OF December last and was soon mooed about that there
obe settled and among other things the boundary Of Texas
was written Of in the press it talked of in private and
political circles and now in the very midst Of these things
when the question whether Congress did not intend 10
settle all these questions Texas stepped forward, and, by
short act of legislation, claimed jurisdiction all New
Mexico east Of the Rio Grande call attention that
hold in my hands the acts Of the Legislature Of Texas for
the year 1880 On the 4h Of January last act was passed
entitled An act to provide for the civil organization of the
counties Of Preside Ell Paso, WORTH and Santa Fe." The
substance is found in the first section, which follows
"Be enacted That the Governor shall nominate and
by and with the advice and Of the Senate appoint
commissioner whose duty it shall be organize the counties
Of Preside Ell Psso, Worth, and Santa Fe.''
The second section then provides in BRIEF that this one
missioner lay off said counties into convenient districts and
election precincts aud order election for the county Off
GERS who hold until the regular county election
You observe that Texas could not wait until her next
regular election
Mr. RUsK II the Senator will allow me- will state that
by previous legislation, think in the year ls4s ls49
Santa Fe created Judicial district and the Judge
Mr.. DAYTON. have looked with some through
the statutes Of Texas and found such act but presumng
the law have escaped my attention. may now be per-
mted to ask the Senator from Texas whether any
ever held by that judge in Santa Fe
Mr.. RUSk. / believe not
Mr.. DAYTON. Then it does not amount TO much il
court and the inference from the appointment Of
judge is than countebaancd by the fact that he
assumed to act have the records before New
Mexico has before been organized by Texas into
ties, formed into judicial districts Nothing done
upon these subjects until it agaed here in Congress,
and then, pending the discussion here the Texans
commissioner off three four hundred miles orga-
nzs forthwith four counties If this intended
real thing, and not for effect find this somewhat singular
fact subsequent act of this session. In
poonng the Senators and Representatives among the
ties of the Staehs entire State is divided into twenty
Senatorial distrcsthey put these four counties, being
all that vast section of country commencing sixty miles below
81 Paso and embracing all New Mexico with population equal
suppose nearly oneha ohe present population Of Texas,
into Senatorial district They allow them one twenty
sixth of the representation in the Senate of Texas and the
House they allow representatives Of sixty being
thirty -four and half part Of the whole If this be intended
for real thing, permanent matter in the organization OF
their Legislature it is certainly somewhat scanty allowance
Of the right of to those citizens of Texas who
nhabt the large province Of New Mexico and down sixty
miles south of Ell Paso!
Mr. President do appehend that the of Texas
herself her legislative history such show that she
herself at any past time claimed jurisdiction this country
She has left her title unasserted for fourteen years. and up
the point of time when doubfuf her claim would
be satisfied, and then she hures her Legislation and sends
of commissioner And, now, upon what we told that
her title depends In the able speech Of the Senator from
Texas which have referred before, told that that
title depends FIRST upon the sword which unsees all boun-
daries, and tina, it consists Of parts Title by revolt 3
Title by treaty This in common parance, would be title
first, by conquest and possession; second, by deed.
Now, what the title of Texas, acquired by revolt
revolution Why, the very words revolt repoiution
VI termn, conne the title to that country which revoe
and revoutionized. New Mexico not within three
hundred miles Of the settled portion Of that country which
revolutionized and had nothing do with it, Texas
claim New Mexico them by evoor revolution The Govern
net the State Of Texas having revouonzd and having
sustained ITSELF she is entitled the Of her ancient
knowledged boundary just in the way individual
who happening to be in possession Of mansion house with
farm where the lines clearly marked, shall be considered
legally possessed to the extent Of the known boundary
Thus Texas her Government may be considered legally
conquest and occupancy TO the extent Of her
known boundary, hut further But before pass on, let
say here that do not to contest the title of Texas
to that part of the country between the Nueces and the lower
Rio Grande up her old northern line, which
much below Ell Paso Although, upon strict principles Of
national law she would not in my Judgment be entitled to
yet reference the lower part Of that country least
there quasi mixed possession and the United States
has committed itself by its Acknowledgements in behalf Of
Texas far to contest its claim But it to
that the United States has housandod better title the
Lower Rio Grande than Texas has to New Mexico Texas
says that her title consists no. of revolt only, but that she has
also paper title.
Now sir what this paper title of Texas II consists Of
treaty with Anna 1885, and the the Texan Con-
gres defining boundary passed in December
year, and the subsequent treaty of Guadalupe Hdago in s4s
have already had occasion say that the treaty with Santa
Anna ESQ called for breviy, although puports to be
article of agreemen has been enforced The Senator
from Texas says that il must be ecoected that the Govern
at that time military despoism; but the treaty
its face shows that military despotism and that
the Texans themselves treated with it Government Of
such powers The tenth article Of that treaty is
stipulation on the part Of Santa Anna and of his Off
that their paro of honor they would pledge them
selves to exert their best influence have the treaty ratified
by Mexico and in the event of its being ratified they
pledged themselves not to take against Texas The
treaty shows upon its face that this negotiation the part
Texas made with officers who had power to form a
treaty, and who merely pledge to exercise their in.
L. AZ.