The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1850-08-31

Of New Mexico, IN the tniteu STATES o'
America" and the m,smbcrs VI the lower
HOUSE Of the Legislature were appors'o"ed
among the counties established by the dc.
cree Of the department Of New Mexico. OF
June II, 1874, which counties, il 10 under
stood, included al the territory over which
Texas has lately attempted to organize
counties and establish her own jurisdiction
On the I'D of December, 1916, a copy
I Of this constitution and code was transmit.
ted by President Polk 10 the House Of Rep.
resentatives. in pursuance or n call on HIM
| by tina, BODY In the message transmitting
/ the constitution. he aays. that portions OF
i, purpor to establish and organize a per
maneAa territorial government and to i'm
part TO it's inhabitants political rights which
under the constitution OF the l. ). can be-
enioyed, permanently. only by citizens Of the
I 1 nited states. These have not been ap
proved and recognized by me. Such or
gained regulations ~ have been establish
in any of the conqn,'ed territories for the
security of the conquest. for the prsser,a'
ton OF order, for the protection OF the nights
of the nhabitar I, and for dcpryng the en-
envy of the advantages OF these territories
while the military possession oi them by
the forces OF the nl,ed States continue,
/ w,H be recognized and approved
Near four wears have now elapsed since
the quasi military government was es,ah'
l,shed b, military authority, and received,
with the exceptions mentioned, the aPpro'
val OF Prcsden, Polk. In the meantime, a
treaty OF peace has been concluded with
Mexico. by which a boundary line was cs-
iabished that left this territory within the
pied Sta,cs. thereby confirming to the
nited States by treaty, what we had be
fore acquired by conquest. The treaty, IN
perfect accordance with the proclamation OF
Gen. kcaru,y. declared that the MeNicans
remaining in this territory should be Moor.
pora,cd into the mon OF the nited states,
aud be- admitted at he proper time. Ito be
Judged OF by the Congress OF the United
States.) to an enjoyment OF all the rights OF
citizens Of the United States, according to
the principles oi the Constitution; "anc
( in the meantime should be maintained and
protected in the free enjoyment of their lib
erty and property. and secured in the free
exercise of their religion without restric-
ton" Thus il will be perceived that the au
thoriiy OF the United States over New Mex.
leo, was the result Of conquest aud the
possession held OF it, in the first place, wac
of course a military possession.
The treat, added the title by ccssion To-
the already existing title b, successful
achievements ~ arms, " III the pc &c,
there arose a natural expectation that, rs
earl, MS possible. there would come q civil
government to supcrscdc the military. ''ut
until some such form OF government should
come into existence, It WIS matter oi abso'
lutte neccssit, that the military government
should continue Ms otherwise the country
must fall into absolute anarchy. And TN.
mas been the course generally. IN the prac-
tee of civilized nations. when colonies or
territories have been acquired b., war, and
their acquisition confirmed by treaty.
The military government, therefore, cx'
istng in New Mexico nj the date Of the or
der existed there OF inevitable necessity. II
existed ms much aga,ns, the will OF the En-
ecutiye Government Of the United States,
rs against the will of the people. The late
Presiden, had adopted the opinion. That it
was lus,idabIe in the people of the Terrific.
~. under the circumstances, to form con
s,iuton of government, without any prcvi-
Gus authority conferred by Congress. and
thereupon to apply for admivien into the
/ mon II was under this state OF things,
and under the influence of these opinions,
that the order of the 10Th November last
was given, and executed in the manner we
have seen The order indicates no boun.
Diary. and defines no territory. except bs
the name Of New Mexico and NO Tar rs
that indicated any thing. it referred TO a
known territory, which had been organized
under military authority approved by the
Executive, and left without remonstrance or
alteration by Congress for more than three
wears. II appears to the President, thai,
such an order could not have been intended
to iavade the rights of Texas.
! Secondly. you ask whether the proca.
nation Of Colonel Munroe meet, with the
approval of the President OF the luiied
/ States
To determine this question, it is nccessa.
nv 20 look at the ohjrc, of the proclamation.
aud the effect of the proceeding, had under
it. II the object was To assume the author.
ity to settle the disputed boundary with
Texas. then the President has no hesitation
in saving. such object does not meet his
appreciation because he does not believe
that the Executive branch of this Govern.
ment, or the inhabitants OF New Mexico, or
both. combined have any constitutional au.
thority to settle that question That be-
longs either to the judicial department OF
the Federal Government or TO the concur.
rent action by agreement OF the legislative
departments OF the Governments Of the | nj.
ted States and Texas. But il has been
sufficiently shown that Col. Murroe could
have had no such object, and that his intcn.
ton was merely to act in aid OF the peo-
pie in forming State constitution, to be
submitted to Congress.
Assuming, then. that such constitution
has been formed, what il its effect upon the
disputed boundary II it compromits the
rights OF either party TO that question, then
i, does not meet the Presidents approba.
lion, for he dcems il his duty to leave the
settlement Of that question to the tribunal
to which il constitutionally belongs. II is
sufficient for him tina. this boundary is in
dispute; that the territory east of the Rio
del Nortc seems to he claimed. in good
faith, both BY Texas aud New Mexico. or
rather BY the United States. Whatever
might be his judgment in regard To their
respective rights. he has no power to decide
Al IA, ts.t.. r.(