The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-07-31

had possession oil the Nueces. nave ai"ays az
United that her settlements had been pushed Ut
tie way west Of that river. But II there Is any
force point in the argument, II must rest On the
assumption that she was exercising ordinary 1uris
dicon over the territory which she claimed by the
celebrated law Of limits 10 be found among her stat
utes Now we know the fact is undenied and indis-
putnbe that from 1896, the period OF the commence
ment of her revolution, down TO 1876, when war
ensued between the United States and Mexico, her
statute Of 1886 had claimed the Rio Grande in its
whole length as her western boundary, yet she
never had exercised the least authority over New
Mexico east of the Rio Grande. What is more,
she never attempted 70 exercise such authority
there. She never had acorporal's guard there,
single soldier; not court of justice justice OF
the peace; not Ia gatherer assessor constable,
any civil officer OF whatsoever kind. There was
no more intercourse or connexion between the peo-
pie Of Santa Fe and those of Texas, than between
those of Kamtschatka and San Marine. Unjust e1-
cept the expedition of Col Cooke, of which VIC know
that. whatever were the true objects with which ii
planned, it did not profess TO be warlike dem
onstraton to be intended TO establish the juris
diction of Texas. Ii claimed TO be an amicable
and trading expedition and the commander was ex-
pressy ordered to say that the arms which his men
bore intended to defend them from the Indians
of the prairie This body OF men numbered about
three hundred but in spite of their avowa that they
came with friendly purposes they seized by the
authorities of New Mexico, put in irons and march
ed to the dungeons Of the eouth some of them be-
Gcve to the casle Of Perote This, sir, is the only ju-
risdiction that Texas the only protec-
ton she extended, TO much square inc
Of that territory of which Santa Fe has long
the acknowledged capital. Only Mexican authority
recognised exercised, and that was recog-
missed by the United States wei the people of
department. Texas never had, therefore, actual OF
constructive possession of this country, nor iuris
dIction over 1t of any sort Her right over il was
only that barren claim which they had put upor
their statute book and the mscalled treaty with San
ia Anna, while he was their captive, which was mt
treaty all and had not the slightest validity. Sir,
ne z N herI Leo a tur her linn,
It's gave her claim constructive possession
Of the Santa Fe country than did another of her
Legislature, which wac vetoed by the Senator when
he was President, give her title possession to a
very different part of Mexico. | understand that
the Legislature Of Texas once passed act extend
ing their boundaries due west from the mouth OF
the Rio Grande to the Pacific ocean lbelieve that
the Senator himself, (Mr. HousroN,) then being
President, properly rebuked this extravaganza, by
saying, in his veto message, that he feared IT would
be considered Legislative Jest. believe that the
act, thus vetoed, efiectual for the intended
purpose as the act which was not vetoed Both
were barren, bore no fruit and were of little
value as the fig tree which was cut down and cast
into the fire.
But / do not mean TO go into the general question
of title am endeavoripg to show that Texas had
no occupancy, and no title such would authorize
constructive possession; and when | say that, !
speak only of New Mexico on the upper Rio G rande
know that large portion of the territory north of
the line of settlement proposed by the bill of the
Senator from Kentucky, MIR. CLAY,) was not in
cluded in New Mexico. The eastern boundary of
New Mexico runs but short distance compa rative-
ly from the Rio Grande, and between that and the
former western limits of the United States is large
waste, wild country, into which civilization has not
penetrated, where Mexico has not had authority or
possession of any sort, and to which, think Texas
has a fair claim or title.
This furnishes me with consideration of much
weight, when ! asked 10 vote a lar ge sum of
money TO Texas in settlement Of this question. !
believe that, by the arrangements OF the compro-
mise proposed by the Senator from Kentucky, (Mr.
CLAY,) the United States will acquire territory
which belongs TO Texas. Certainly il seems to me
that it is not the territory of the United States ]
conhDe my remarks therefore 10 that portion OF
New MeHlco which Is east OF the Rio Grande. The
Senator from Texas MIR. RUsK) has quoted from
the messages of the former President Of the United
States, (Mr. PoLK,) and from documents issuing
from the Department Of War, to show that the
Government Of the United States has acknuw.
lodged the right of Texas. propose to show that
the Government has not recognised any such right
and that If the former Executive has at different
tmcs, expressed an opinion favorable TO that claim
II has also furnished evidence against it. | turn
TO the Inessage of the President Of December
5, 1916, page 81. The President Is reciting 10
Congress the operations of the army during the
previous campaign, and he says "By rapid move
mcnts, the province Of New Mexico, with Santa 20,
its capital, has been captured without bloodshed -
DO we ind in this pregnant sentence any recogni-
ton Of the right claimed by Texas II il had been
Texan territory rescued from the possession of
Mexico, would IL have been spoken Of a. captured
rccapturedy Would il have be, n called the pro-
vince Of Nsp Msztco, trih Santa r., its o1yiial,
or that part of Texas situate the east Of the Rio
Grandey In the next paragraph he tells us again
that we have acquired military possession OF the
Mericun provinces Of New Mexico SC Not
word is said Of Te1as-Of restoration 20 Tc1as
Of any right Of TeIas, or any claim; but VIC are
told, the 23d page, in reference 10 Netr Merioo
that II will be proper 70 provide for the security of
this important conquest by making adequate ap-
preparations to defRy the penses incident 10 the
maintenance Of our possession and authority But
II is not the President alone who luoks upon this
territory ss a MeJican province, Of which We had
made conquest The Secretary Of War in his re-
port Of the year tells us Of General kcarnv's
arriving at Santa Re and taking possession Of N,tr
horicO. In hIs Instructions 10 General kearny of
June 81, 1896 the Secretary tells him CHAT IN cse
you conquer Santa Pc, with Il will be- inc lu,.sd the
Department or State Of Netp lIs1ico SC And la
the same letter he tells the general that II ho con-
qucrs "Net1 MeIioo' he will establish temporary
civil government therein; directs him AZ 10 Inc en-
poynent Of such existing officers are friendly 10
the United States and willing ~ swear allegiance
To our Government, aud 10 assure the people Of Ht
province that the United States with 90 provide a.
soon as possible, a government for them similar 10
that which exists IN cur Territories. Ia pursuance
Of ms instructions, General kearny conquered New
Morco with its capital Of Santa %, and before be
DID 40, while yet on the Arkanzas, be- announced
~ proclamation that he Wa about 10 enter New
Mexico for the purpose 'Uf seeking union with IT,
inhabitants. Al santa ne De announced BY Ar.
Vller pro- lainatiOn MS intention 10 hold tIC De.
partment with it, original boundaries ION both
sides Of the Del NOrtc) 81 a part of the Uni.
ted Siates under The name Of the Territory Of
New Mexico" He absolvcd all persons IN Ncyy
MEXICO from further allegiance TO the republic Of
MEXICO, and established Tor them o government I'M
which he provided for The grant and limitation If
executive, legislative, and judicial pouers-framed
bill Of nghu, and enacted laws In tlation 10 adj
mnistratiOns, attachments, attorneys clerks. con.
stables, costs, crimes, punishment, &c. Copies
Of all these were Furnished 10 the Government AT
Washington, in November, lSf6, and Ia January
ISL, the Secretary, IN reply, tells General Kearny
that the provisions Of the laws which have been
established for the government Of the TvriOpV Of
Nstp DSTtoo, 60, in resyects beyond the iine
designated by the President, and propose 20 con.
fer upon the people Of that Territory political
rights under the Constitution Of the United
Staics {"
There IL no objection 10 all this vast sweep Of au-
thorty no intimatiOn that TeTss has any rRhts
which may interfere with this absorbing exercise
OF power no conjecture that IL may not be lawful
thus 10 deal with the territory and people belong.
ing 70 a State Of the Union. All Is approved by
necessary implication at least except Tie granting
OF political nghts under the Constitution Of tie
United States. And Why this exception Not be-
cause Teras had any thing 10 DO with the matter
but because such rights can only b. acquired By
the action Of Congress. SIR, can there b. anv
thing clearer than that all tbcse iustru~fious n