The southern press., 1850-06-25

oH hHe IL was anu when u river WuS
In a compact as boundary, il was ruled
to mean the river in its whole extent. The rule
applies with much greater force i'm this instance.
II there were nothing in the but this conven-
ton, it would be forever conclusive against the
United States.
4. Pending the negotiation for annexation, the
Secretary of War instructed General Taylor, by
order of the 18th of June, lS45, which was in sub
stance repeated on the 30th Of July:
"The point of your ultimate destination is the
western frontier of Texas, where you will select
and occupy, on or near the Rio Grande, such
site as will consist with the health of the troops,
and will be best adapted to repel invasion, and
protect what, i'll the event of annexation, will be
our western border.'
Thus this Government took possession Of the
Rio Grande country in the name Of Texas, assert
ing 1t as the frontier of that State.
5, 1t is well known that Mr.. Donaldson, pend
ing the negotiation Of annexation, and during the
session OF the Texas convention which coIisum-
mated It, gave repeated assurances to the auhori-
ties of Texas that the United States would not only
recognize, but maintain, the title of Texas. In
his letter TO this Government Of the llth of July,
lS45, he says: EE ...# .....
"The boundary of Texas, as defined by her
statutes, runs up the Rio Grande from its mouth,
in the sea, to its source, cutting off portions of Ta-
maulipas, Coahuia, and New Mexico. Above
the point on the Rio Grande, where it enters New
Mexico, there has been occupancy by Texas /;
and it is obvious, far that region is concerned,
no military movement could have taken it out Of
the category in which is left by the terms of our
joint resolution So, whatever may have been the
success of the attempt TO drive the MeXicans from
Loredo and other lower points, the difficulty would
have remained the same in regard to the extensive
Santa Fe region above. a ~.
So But, while from such views encouraged no
aggressive movement on the part Of Texas to take
fpr M nPt Rin / hnx,
nevertheless omitted no opportunity of satisfying
all parties here that the United States roud in
good faith maintain the claim, and that 1 had erery
reason to beliere they ,could do so SUCCESSFULLY" ~
Such were the solemn assurances and pledges OF
this Government, through its accredited minister
pending the negotiation. They are a part of the
compact, and prove conclusively its intent and
meaning. Can this government disregard them
now? ......' .>....s -. ..
6. 1t has been said that the United States con-
quered New Mexico, and held it by title of con-
quest. Such is not the fact. General Kearney,
in his first speech to the people OF New Mexico
August Is, 1916, at Vegas, as found in Emory's
report declared ..a-
60 Mr.. .4icalde and The people Of .Merico .
have come amongst you, by the orders of
my Government, to take possession Of your
country and extend over it the laws of the United
States. We consider it, and have done so for
some time, part Of the territory Of the United
States. We come amongst you as friends, not
as enemies; as protectors not conquerors.
We come amongst you for your benefit, not for
your injury" 49,. ...... 49,.
w hat was this but an assertion Of the Texas
title, and how else had it been for some time
part of the territory of the United States: The
President of the United States admitted, on appli-
cation of the Governor Of Texas, that the United
States held the country in subordination to the
title Of Texas. This appears by his special mes
sage Of July, lo4e, in which it is quoted as fol-
lows: .. ..... ....
:" In answer TO a letter from The Governor Of
Texas, dated on the fourth of January, lS47, the
Secretary of State, by my direcon informed him
in letter of the 18th Of February, lS47 that in the
Presidents annual message of December, 1916.
you have already perceived that New Mexico is
at present in the temporary occupation Of the
troops OF the United States, and the government
1t is military in Its character. Ii merely such
II government as must exist under the laws of ma
tons and OF war, TO preserve order and protect
the rights of the inhabitants, and will cease OH
the conclusion OF II treaty of peace with Mexico.
Nothing, therefore, can be more certain than this
temporary government, resulting from necessity,
can never injurously affect the right which the
President believes to be Justly asserted by Texas
to the whole terribly on this side of the Rio
Grandc, whenever The Mexican claim TO it shall
be cXtingushed by treaty.
l. Without violation Of all law and Justice, this
possession cannot now be set up against Texas.
Z. The title Of Texas asserted by the decla-
ration OF war by Congress, that state Of war ex-
listed by Mexico, which consisted only in Mexican
soldiers crossing the Rio Grande and COMMITTING
hostlties near its banks. To deny the title now
is TO change the character Of the war into one OF
aggression and conquest, and bring unmerited
reproach upon the country.
3. Pending the negotiations for peace with
Mexico, our commissioner, Mr.. Trist, asserted
the Texas title, and said &" Until ascertained by
| compact or agreement, dehntive provisional
between the United States and Mexico, the boun
dairy between the two republics, when considered
by the United States with reference TO the nationa
obligation to protect their territory from invasion
could be none other than that rerg boundary ,rhicl
had been asserted by 7sras herself" This assertion
was carried into the treaty with Mexico by attach
ing to the treaty, and making part Of il, mar
which conformed exactly to the claims OF Texas
and placed New Mexico on the west bank of thu
Rio Grande. This is absolutely conclusive of tn,
question. Ii was the intention of Mexico, in thi,
treaty, to redeem her faith pledged to Texas il
the treaty Of 1896, as appears by the declaration
of her commissioners, who negotiated the treat,
with the United States in their address TO thef
countrymen.
"The intention (say the commssoners) O.
making the Bravo limit, has been announced by
the clearest signs for the last twelve years; and j
would have been impossible at the present day tC
change 1t. .i|ter the defeat Of San Jacinto in .4prii
1896, that the territory ,chich IRE stipulated q
sraeuate, and rheh ms accordingly did eracuafe b,
falling back on .Ndi0noros In This place ,cas aj,er
,eards stationed rhai called the army of the North
and though Il is true that expeditions and inc,usion
hare been made there eren as far Bgar, ire har
rery soon refreated, iearing the intermediate spac
absolutely free. In this state General Taylor foun,
IL, rhen, in the early part Of last year he entered Their
by order Of his Government"
| Q. Texas being admitted into the Union will
certain and specified boundaries, Congress has nc
more power to legslaie upon or disturb them than
those Of any other State, any further than it j,
given by the resolutions Of annexation. Congress.
! has no more power over the boundaries Of Stat,
of the Union than those of foreign State. Thi
is the settled doctrine of the country, and wa,
asserted even by Col. Benton, in debate in tn,
Senate, on the l4th May, 1S44 he said: eth,
Republic of Texas acts by its name, ,apd passes sel
to US in the whole extent Of all the limits an,
boundaries which il asserts TO be its own
In his remarks on the joint resolutions for tn
annexation Of Texas, February 5, lS45, Colone
Benton declared, "In fact, when once admitted a
n State, she can never be- reduced without he