The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-31

those OF kamschatka and San Marino must excep
the expedition OF Colonel Cooke, OF which we know
thai, whatever We're the true objects wltn wheh II
was planned, did not profess TO be warlke demon
saon or 10 be intended To establish the JURISDICTION ol
Texas l. claimed 10 be amicable and trading eApe-
don, and the commander was expressly ordered 10 say
that the arms which bis men bore were intended 10
defend them from the Indians OF the prairie lhis
body ot men numbered about three hundred; but, IN
spite OF their ayowal that they came with friendly pur'
poses, they were seized by the authorities OF Ne" MEX
leo, put IN rons and marched To the dungeons OF tue
south of them, believe, TO the castle OF Peroe
Ihis, sir is the only jurisdiction that Texas ever eAer-
the only protection she extended, 10 as icD
square inch of that territory OF which Santa re has
50 long been the acknowledged capital, Only Mexican
authority was or exercised and tha was ecos
missed by the United States well The people OF the de-
Iartment Texas had therefore, actual or constuc
tive possession OF this country nor jurisdiction over OF
any sort Her right over was only that barren CLAIM
which they had put upon their statute book and the mis-
called treaty with Santa Anna while he was heir cap
live, which treaty at all, and had not the slightest
validity Sir, say that the aG OF heI Legislature, DEM
OF the Santa Re country than dad another aci
OF her Legislature, which vetoed by the senaor when
he president give her title or possession TO very
different part of Mexico understand that the egsla
tue OF Texas passed act extending their bound
aries due west from the mouth OF the Rio Granie to the
Pacific ocean believe that the senator himself MI.
HoUsroN] then being president properly rebuked this
exravagance, by saying, IN his veto message that he
feared would be considered legislative jest beleve
that the act thus vetoed eectna for the intended
purpose as the act which was not vetoed. Both
barren, bore fruit and Cf AS little value as the
fig tree which was cut down and cast into the fire
But do not TO 80 into the general question OF
title | am endeavoring TO snow that Texas had no oc
cupancy, and title such would authorize conslruc
tive possession and when | say that. speak only Of
New Mexico on the Upper Rio Grande. know that
large portion of the territory north of the line OF settle
ment proposed by the bill oil The senator IRON kentucky
Mr. CLAY was not included IN New.Mexco The eastern
boundary OF New Mexico runs but short distance com
paraivey from the Rio Granle and between that and
the former Westeln ms OF the United States IS large
waste wild country, nto which civilization has not pen
e,rated, Mexico has bad authority or posses
sion of any SORT and to which, think, Texas has lar
claim title.
This furnishes mo with consideration of much
weight, when am asked 10 vote large sum OF money
to Texas in settlement of this question believe that
by the arrangements OF the compromise proposed by the
senator from Kentucky, MIR CLAY,l the United States
will acquire territory which belongs 10 Texas. Certain
y ii seems to me it is the territory q the United
States confne my remarks, therefore, to that portion OF
New Mexico which IS east OF the Rio Grande ihe SEN
a,or ftom Texas Mr. RusKl has quoted from the mes
sages 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 acknowledged the right OF Texas propose
to show that the has recognised any such
right, and that If the former Executive has, al diiieren
times, expressed opinion favorable to that claim, II
has also furnished evidence az alnst It, turn now 10
message OF the President OF December 8, 1896 page
al The President rectng 10 Congress the operations
OF the army during the previous campaign ana he says
by rapid movements, the province OF New Mexico win
Santa Fe It's capital, has been captured without blood
she'd do We hnd in this pregnant sentence any iecos-
milton OF the night claimed by Iexas' II II had been
Texan territory rescued from the OF Mexico,
would il have been spoken OF captured or recapnred
Would ii have been called the province OF New NeIico,
tcta Santa Fe ITS capital lha, part OF Texas situate on
the east OF the Ko GrAnde In the next paTny he
tells us again that have acquired military posses
sion OF the Mer'caa provinces OF New Mexico, NC
Not word is said OF Texas-of restoration TO Texas, o
any right of Texas any claim; but told, on the
23d page in reference Nei1 MsLiCo that II will be
proper provide Tor the security OF this important con
quest by making adequate appropriations 10 ueiay lhe
expenses incident to The maintenance OF our possession
and authority. but it not the President alone VINO
looks upon this Territory AS Msr,a" province OF
which we had made conquest ine Secretary OF WaI'
in MS report OF the year. tells us OF General ksar
nys arriving Santa Re aad taxing po,session OF New
MeI,co In instructions 10 General hearny oil June
Sd, 1916. the Secretary Tells him that IN case you con
quer Santa Fe, with 1t will be included the department
STATE of NeW Msreo, &c And in The same letter he
tells the General that II he conquers New Mer'co he
will establish temporary civil government therein directs
him the employ OF such exlsung oniceis as are
friendly TO the United Sales, and willing to swear
allegiance TO government, and TO assure The people oI
the province tnat the United States wish TO provide, AS
possible, government ior them similar to iha,
which exists IN our Territories In pursuance OF his IN
stfucons, General Kearny conquered New Mexico, WIN
It's capital OF Santa fe aud before be dad 50, while yet
the Arkansas he announced by proclamation that ne
was abou, TO enter New Mexico for the purpose /" OF
seeking union" with ITS inhabitants Al Santa re he
announced by another proclamation MS : ihenuon 70
hold the department with IT'S original boundaries con BON
sl,es OF the Del Norte) part OF the United ota1es
under the name OF the Territory of New Mexico" lie
absolved all persons in New Mexico iIom further allie
giance TO the republic OF Mexico, aad established tor
them government in which he provided Tor the grant
and limitation OF executive, and judicial pow
ers-iramed bill of rights, and enacted laws IN relation
administrations, attachments attorneys, clerks, con-
stables, costs, cfiues, punshmens, &C Copes OF all
these were furnished 10 the government al Washington,
IN November. 1916, and in January 15i the Secretary,
IN Iepy tells General kearny that the provisions OF the
laws winch have established for the government of
The Territory Of Nep Merco CO. IN some respects, beyond
the line des gnei By President and propose TO con
fer upon the people OF that Territory political nights under
the constitution OF The United States"
There is no objection all this vast sweep OF author
ity; no innaon that Texas has any nights which may
interfere with this absorbing exercise OF power no con
lecture that it may not be lawful thus TO deal with the
territory and people belonging 10 State ol the Union
All Is approved, by necessary implication al least except
the granting OF political nights under The constitution oil
the United States And why this exception Not be
cause Texas had anything do with the matter but be-
cause such rights only be acquired by the acton oi
Congress SIR can there be any thing Clearer than that
all these instructions, all The acngs and dolngs under
them, all the approval Of the Executive, expressed and
implied, emily be Justified on the ground that no part
OF New Mexico belonged to Texasi II this territory was
part OF Texas, they already owed allegiance 10 the United
States and needed not TO be absoved from Their ale
glance the republic OF Mexico" II II was considered
par OF Texas, why military commander authorized
10 snbvert the authority OF that State to hold the land on
both sides OF the Rio Grande part OF the United
States, "under the Of the Territory OF New
Mexicow If Texas had jurisdiction, what President
would have dared to sanction all these proceedings
in the formation of government, the appointment OF
all civil officers and the enactment OF laws extending
to the mos, ordinary subjects of legislation You re-
member SIR that after the conquest o thus part OF
Mexico there rebellion against the authorities OF
the United States and civil appointed by Zen