The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-30

tanning 10 the Territories Of the United States. How
them can be claimed consistently with the pnblc faith
when New Mexico, Immediately upon the issuing OF thu
proclamation, submitted to arms without the spDt
OF drop OF blood, General Kearny informed Genera
Wooiupon what preence OF justice or fairness can 1t b
urged tha, New Mexico conquered Tor Texas 10 or
der tat might be annexed appeDdage 10 that Stale
| No, sir; the provinces OF New Mexico and California
were conquered BY the government OF the United States
IN their own behalf and the people OF both were akt
promised the same protection and the rights tha
the other territorial governments OF the United States
joyed But this is not all, After New Mexico had thu,
submitted 10 our arms. treaty was formed and ranhed
And what is the language OF that treaty
ARr The Mexicans who, in the Territories aforesaid
shall not Of citizens OF the Mexican
ecdng article shall be ncor pora,ed the Union Of The
United States and be adnlsIed st the proper lime (to be
oynen of all the rights of citizens Of the Unsd States
according 70 h, principles Of The constitution and in the
eDoynent Of their beny and property and secured in the
free exercise Of their religion. without restriction
Wiliitbe claimed, MI. President that when this treaty
was formed with the republic Of Mexico, and when i
ratified by the Senate OF the United States, IT was our
secret determination that the people OF New Mexico,
whom we found IN the enjoyment OF the rights OF self
government AS Tree people, to be deprived OF those
rights thus stipulated BY the treaty. and turned over to the
tender merces OF Texas to be kept or tobe sold as might
best suit OF Texas Is this the stipulation OF
the treaty! Did the New Mexsans, who had been PROM
Used by kearDy the rights OF sell gOvernmendId the re-
public OF Mexico, which represented their nerests-sup-
pose for moment that the government OF the United
States mcdated gross violation OF the public faith
to receive them into the Union upon this pledge with
view to turn them over to the State OF Texas between
whose inhabitants and the inhabitants OF Texas most
Implacabe anlmoslty existed?
The Mexic ho in the Tesriries aforesaid shall not
sha be incorporated into tha Unioa, &c
Yes sir, the people of the Territory of New Mexico
were promised at the proper In Ito be Judged OF by
Congress) that they should be admitted into the Union Of
taese States And we have heard in the course OF this
discussion, the expression OF different opinions In the
Senate as 10 whether the proper tine has arrived or NOT
Tor their admission in pursuance OF this stipulation Yet
according To- the claim OF Texas, they have been mem
bers OF the Union since the year B45, when they were
solemny admitted with constitution adopted Tor them
by the people of Texas without their knowledge or as.
sent According to this claim, W, so well satisfied
with the proprey Of admitting then at that tne that we
received them willingly, and without inquiry, into the
Union; while have been discussing more or less
for months and questioning the pprety Of their adms
SION, on the ground that the nhatantso OF New Mexico
are not competent to come into the Union as State,
however competent they may have been TO administer
their own affairs. in their own way, before the treaty.
There is no consistency in this course OF proceeding
But the senator from Texas inquiries, were they ceded
to the United States organized communities? Was
New Mexico ceded as an organized community an
swer Yes unquestionaby was and with agovernment
De fdcto IN full opeatlon and the government OF the
United States SO understood Congress- after that ces
slon passed oint resolution introduced oy one OF the
facilities to induce emigration o the Territories OF
New Mexico and California" How came those contigu-
Territories TO be known and designated-the one by
the name OF New Mexico and the other by the name OF
California How came the people there to be described
in the action Of Dur Congress separate commu.
mites because hey LIVED under separate systems o.
Their own Territories; because they were IN faci sepa-
s'f feoy. ba a; E dssFsi sFs hf'SIs Sy lie Treaty
which ceded them the United States. Their terrific
rial laws the rights of the people acquired under their
territorial governments and their territorial oncers,
remained They continued TO be organized commu,
mites. Not only 40, sir; but the administration oil
this government which received from Mexico the ces-
sion-the administration OF Mr. Polk-treated them as
organized communities, and instructed It's military ofces
in California continue in the exercise oi Their innc'
tons civil and military governors, BY the presumed as
sent the people the continuance OF the government
de jaeo which had been thus exercised them during
the war They recognised thereby that they were not
then forgefu Texas is and has been, OF that grea,
right of self government which lies al the foundation OF
all our institutions They did not regard these military
continuing by force OF any power which
the Pesden, OF the United States could communicate
as he could dorng the but continuing by the pre-
sumed assent OF the people-scknowedging that. until
the Congress of the United States ntervened to give TO
that people new government Territory, the right Of
sovereignty far It's was necessary iof te
protection continued in them, and, until they chose to
alter the government which they found existing de fdeo
should be treated by this government remaining by
their presumed assent II would seem TO follow tna'
whenever that government should fail to afford reasonable
protection the peopeihat whenever that assent thus
implied. should be Withdrawn, and those communities
should manifest desire to form different government
in the absence OF action OF the Congress of the un
ted States for their protectonthe same power which
gave vitality 10 the continuance oil the military govern
would give vitality 10 the new government eqnay
founded upon the OF the governed and equally
subordinate the jurisdiction Of Congress when brought
into exercise.
Mr. President reliance has been placed by the honor
able from Texas upon the TACT that, after me con
cuson of the treaty OF Guadalupe Hidalgo, MIR. Marcy,
while Secretary OF War; gave instructions to the military
officer command Santa Fe not TO interfere win the
authorities OF Texas any efoIts they might make iof
the organization OF civil government therefor thai
the had not taken issue with texas upon
that question But the instructions OF the Secretary o
Warfare the instructions o the Executive competent
after the acquslon of territory by treaty, 10 transfer
tha, territory and the people who occupy II, from the
United States to one OF the separate States! VINO gave
thai authority Congress authorized any cesson
OF this territory Texas Congress has passed no act
gnsng any authority OF Texas over any porton OF
the Territory. II transferred by the republic OF Mex
ico 10 the government Of the United States was paid
for from The public treasury; the possession was re-
ceved by the authorities Of the United States and mere
as but one duty for the Executive to perform hat
duty protect the people residing upon these Tern
torres in the possession OF all their rights until Congress
should decide wha, should be their future condition
But il has been said that received Texas INTO the
Union while awar pending between Texas and Mex
co and while Texas was endeavonng TO assert by the
force of her arms her title to New Mexico, as declared
By her constitu,lon-in other words, when Texas was
ing conquer New Mexico; and therefore The UNI
ted States having become involved IN this war IN conse
ouence OF the annexation OF Texas, was presumed TO
have carried the agent OF Texas and paid out the
money from the public treasury for the acquisition ol TINS
territory the agent of Texas and Tor her sole beneh
This has been urged the presumption that Texas could
have conquered New Mexico she had not herself been
ceded and annexed to the United States that Texas m
her then condition. could have marched army eight
hundred miles from her capital through the intervening
desert and the JouYnada del Musr, and waged war OF
conquest successfully upon the inhabitants OF New Mex