The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-10

Re BY the United States troops did not give to the United
States thai technical "PossEssIoSp which Mr. Fillmore
and Mr. Webster contend for And further. il must be
clear that II The claim OF beStaie OF Texas the east
bank OF the Rio Grande was valid claim, then the
possession OF the United States troops her "pos-
session." and their occupancy oecupancy II was
not adversary possession, and legal dexterity cannot
torture into that Il follows, therefore, that the oeeu-
pacy the United States troops has been. by the agency
Of legal phrases. msapped made the pretext for sub
tie arguments, which could have other effect than
to mysiy the question and mislead the people.
The real question turns on the clam Of Texas That
claim, as we have said before, was preferred many
years ago-long before Texas became State Of the
Union. On the Lower Rio Grande she had been able
to repe the Mexican forces, although they made oc-
casional depIedations On the Upper Rio Grande
she had not, up 10 the period Of annexation. been
able 10 vindcae her territorial rights That inabili-
ty. however, did not impair those rights. But we
will not stop to discuss this point During the war
Gen. Kearny, at the head Of portion OF the United
States army took possession Of New Mexico and framed
code Of civil government which recognised Santa Fe
the capital OF New Mexico Mr. Webster andes 10 this
Circumstance, order TO prove that Texas does not
tend to the Rio Grande while he fogets to mention that
General Keany had authority whatever TO define he
boundaries Of New Mertco, to limit those Of Isras
Mt Webster next proceeds 10 argue that The tempo
ray government established Santa Fe under The neces-
sies of war; held the possession OF New Mexico as de-
fined on the Mexican maps and the United States in
herited that after the close of the the
federal authority is now possessed OF Santa Fe and the
country adjacent. and may rshuiy repe By force of
arms any attempt made by Texas TO extend her urisdc
ton to the east bank Of the Rio Gra.de, But
sorry TO be forced to say that Mr. Webster preermits the
most material facts OF the case and his argument is there
fore weak in its most material points II the claim Of
Texas was valid the fact that the army under the
command Of General Kearny did not recognise the rghfu
boundary of Texas does moi vate that claim any more
than the occupancy Of New Orleans by the army Of the
United States under General Jackson vated the claim OF
Louisiana to that city AS to The civil government on
which Mr.. Webster lays omuch stress, humbly con-
ceive that has no effect in depvng the State Of Texas
Of the posession OF Santa Fe, obtained for her BIZ the
army of the United States That government, as Mr.
Webster now admits, was demanded by extreme neees
sify 1t derived its validity, not from the legislature Of
the nation. but from the authority Of James X Polk as
commander n-chef OF the army Of the United States
an authority which he pretended be had right 10
exercise except Wnen noetlities Were penang Mr.
Folks authority, commander n-chef, gave validity to-
that government and MIR. Polk, by virtue OF the sam
Office. could withdraw that validity, and destroy it ri
did he so Did he take from il the power to hold {" os
session. of territoy And above all, did he take fr ON
it the power keep possession OF Santa Fe adverse,
the claim Of Texas To all these questions answer EN-
phatcay in the affirmative Mr. Polk did take from. the
provisional Santa Fe the right to hold
session. of the terrtoy and he did expressly forbid
the military officers stationed at Santa Fe mana In any
possession" adverse to that of Texas The creator de
sroyed its creature and il is late for Mr. Web
ster attempt resuscitae its remains and give il an
tive and efcien, vitality. During the Mexican war; tn,
governor Of Texas inquired of Mr. Polk as to pr DIVISION
a government in New Mexico. In February, rs47. Mr.
Polk said in reply:
In Is srcu GOVERNMENT As MUST EXIST. usDEi
" WAR, TO PRESERVE ORDER AM
PROTECT THK RIGHTS OF THs RHABrANTs. WILL
THE CONCLUSION A rRsATY or PEACE WITH Mltxico.
Here was direct pledge from the very man who's
authority established the temporary government at SAINT
Fe, that il should cease on the conclusion OF treaty
peace with Mexico But this is not all On the 18th o
October. is4s, after that treaty concluded, MI
Marcy sent instructions TO the military governor
Santa Fe, from which make the following extract
In regard that part Of what the Mexcans allied New
Mexico. lying OF the Rio Grande, the civil auhort
which Texas has established may establish
respected. and la whatever nterler,d with b.
the military force Il. thar department. otherwise than
lend aid proper occasions in sustaining IL.
Thus was the possession Of the Santa Fe countr
directly and positively transferred to the authorities
Texas
Aad thus zoe ieape Ibis subject for The present.