The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-23

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ceased-and the right Of immediate possession
vested in the State Of Texas "a the termination Of
the war. deny the legal right Of this Govern
ment without reference to the strength Of title "a
interfere with this vested right of possessios. This
Governments cannot changeits own action 30 as to
resist Texas IN the enforcement Of its jurisdiction
y without committing palpabie and disgraceful aci
OF fraud and treachery. These orders were an in.
vitation to the State by the past and present Ad
minisration to take possession of the country and
extend her laws over il. That possession was
taken and the jurisdiction enforced over more than
roe called the State Convention at Santa Fe, and
the Commissioner of Texas was resisted by the
i United States officers
j Under this agreement with Texas, made by
President Polk, deny, that, the United States
has any more possession Of the country of the
Rio Grande than it has Of the State ofNew York,
because II keeps up a military station on Long
Island. The acts Of the officers Of the United
States army in Sante Fe, are gross usurpations,
and contrary to the Constitution and laws.
II must be admitted, that the order Of Secretary
Crawford, of the 18th November, l849, to Col.
Mccall, instructing the military to aid in the for
nation of State Government for New Mexico,
does not in terms change the previous orders. 1t
does not in terms, authorize the officers Of the
army in Santa Fe TO resist by force the jurisdic-
ton Of Texas. In this respect, 1 understand Mr..
Crawford TO maintain, that the order Of the 26th
of March I849 is still in force, although it can
not be denied that the instructions To Col. Mccall
were calculated to produce a different impression.
| insist, that even now, Texas still stands invited
by this Government to take military possession of
Santa Fe. Major Neighbors in his report Of his
interview with Col. Monroe. in Sata Fe, states
81 called his attention to the probability Of the
Executive of the State, in the event Of my fail
ure to organize, extending our jurisdiction by pro-
clamation and enforcing the laws by military
force. His reply was that iOould be the proper
course for Isras to pursue; there piH in that case be
no opposition. = ~
1t appears from this, that Col. Monroe does not
regard himself yet in possession of authority to
resist the jurisdiction of Texas by force. II re-
mains to be seen whether President Fillmore will
| change this order.
| We know from pretty well authenticated re-
ports that the late President thought it to
change the instructions Of the Goth Of March by
a positive order, which is said to have been re-
solved on, but never issued. If it ever shall be
promulged, collision is inevitable; the extent and
consequences Of which no one can foresee. Texas
is placed by the action of this Government, in
| situation where she cannot honorably recede from
the enforcement Of her jurisdiction and laws.
In this condition of things, the admission Of a
delegate from Santa Fe could not be otherwise
than just cause of offence TO Texas. 1t would
be recognition of territorial organization within
her limits by portion of her people, in open
nOStty 10 Sltte QulnOTttteS. nat SO-Cdlleu pan
OF territorial government, contains civil divisions
altogether inconsistent with the boundary claimed
by Texas, which divisions Mr.. Smith is sent here
| to represent, and which would be recognized by
the House in his admission delegate.
Independent of this controversy, in relation to
the boundaries Of New Mexico, the legal objec-
| tons to the admission of this gentleman as del
egate from the country west Of the Rio Grande,
| are insuperable. In the case Of Fleming and
| Page, decided at the recent term Of the Sepreme
Court Of the United States, Judge fancy said 4
50 In this country the sovereignty of the United
States resides in the people of the several States
and they act through their representatives accord
ing to the delegation and distribution Of powers
contained in the Constitution"
| It is well settled that, with the acquisition of
territory, the sovereignty passes with it, and Of
course to the people of the States. II is equally
well setted, by the usuage of the government, and
the decisions of the Supreme Court, that the right
| to govern the territories is exclusively in Con-
gress. Whatever may be the right of the people
of the territories in the absence of government
provided by Congress to form voluntary associa-
aticns for mutual protection, it is clear that they
| have no power to organize governments, State
Territorial, and demand Federal rights under them.
The reason is obvious the sovereignty of the
territories resides in the people Of the States and
not in the people of the territories Were it other
| wise, the right to govern would be in the nhabi-
tants Of the territories and not in Congress, as has
been settled, both by the legislative and judicial
| departments of this Government. There ex-
list no lawful government over the territories ex
cept that organized, authorized by Congress
The inhabitants of the territories have political
character or rights, until they are conferred by
Congress. A territory can have no boundaries
until they are established by an act of Congress.
The inhabitants of territory can have no law Of
suffrage until it is prescribed by Congress.
1t has been argued that in the case Of New
Mexico the former laws of boundary and suffrage
existing under the Mexican government remain
in force. But this position, | apprehend, cannot
be maintained. 1t is a well settled doctrine, not
only Of International law, but Of the Supreme
Court Of the United States, that an acquisition
OF country by conquest or treaty, all political
laws cease. A law Of boundary, as well as a law
Of suffrage, is purely a political law.
rights Of ''poor New Mexico" There is no
such political organization or corporation known
to the laws of the United States as New Mexico.
1t is too plain for argument, that, political
organization, the department of New Mexico
ceased with the treaty Of Hidalgo. 1t has now
no other force than a term of description for
public domain, and jurisdiction acquired by the
United States. The gentlemen from Ohio, Mr..
CARTIER, complains that Texas denies that ''poor
New Mexico has any land" Why, sir, it is
absurd to suppose that New Mexico, if it con-
tinued to exist as government after the transfer
owned any Oh TIE Ndcuul puDHC uoHidH. tFeSteu
in the Government of the United States by force
of the treaty. This is contest between Texas
and New Mexico. 1t is a controversy excIu-
sively between the United States and Texas. Gen
tlemen cannot shelter themselves behind New
Mexico in this effort to rob Texas of territory, to
be made free soil by the legislation Of the Con-
gress of the United States. There is now no such
party in existence as the department or territory
Of New Mexico. There can be none, until it is
organized and its boundaries defined by act Of
the legislative department Of this Government.
1t is the province of Congress to fix the bounda-
ries of territory or State carved out of the pub
lie domain. The people of New Mexico have no
more right to their ancient limits, than had the
people of Louisiana under the treaty with France.
The obligations Of the treaty with Mexico, like
those with France, are complied with if the an
cient inhabitants are admitted into the Union in
any State In their recent State organization, the
convention of Santa Fe has included nearly ten
times as much territory as was embraced in New
Mexico under the Mexican government.
But, sir what is this proposition, as amended,
% ad NIT N deleonte from New Mexico liz il To