The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-06-24

milton Of the whole boundary Of Texas, Of equal
dignity with treaty The opponents Of the Texus
title always remember TO forget ibis compact. In
the celebrated case Of Rhode lsland and Massa-
chusetts, it was held that where States once agreed
on hne it was binding, and when river was
mentioned in q compact as boundary, il was ruled
to mean the river in its whole extent. The rule
applies with much greater force in this instance.
If there nothing in the case 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, lB45, which in sub
stance repeated on the 30th fully: s8
"Thc point of your ultimate destination is the
western frontier of Texas, where you will select
and occupy, on or near the Rio Grande, such a
site will consist with the health Of the troops,
and will be best adapted TO repel invasion, and
protect what, in the event of annexation, will be
our western border
Thus this Government took possessionHof the
Rio Grande country in the name of Texas, assert
ing It ms the frontier ofthat State.
i 5. II is well known that MIR. Donaldson, pend
Ing the negotiation of annexation, and during the
| session OF the Texas convention which consum-
mated il, gave repeated assurances to the authori
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 18th Of July,
lS4o, he says:
| "The boundary Of Texas, as defined by her
statutes, runs up the Rio Grande from It's mouth,
IN the sea, 10 its source, cutting off portions OF Ia
maulipas, Coahuila, and New Mexico. Above
/ the point on the Rio Grande, where it enters New
| Mexico, there has been occupancy by Texas !;
and 1t is obvious far that region is concerned,
no military movement could have taken it out Of
the category in which it is left by the terms of
joint resolution. So, whatever may have been the
success of the attempt 10 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.
But, while from such views encouraged no
aggressive movement on the part of Texas to take
! forcible possession Of the Rio Grande, have
nevertheless omitted no opportunity of satisfying
all parties here that the United States ,could in
good faith maintain the claim, and that had epeYy
reason 10 beiiere they io0uid do SUCCESSFULLY"
Such were the solemn assurances and pledges Of
this Government, through its accredited minister
pending the negotiation. They are part of the
i compact, and prove concusively its intent and
meaning Can this government disregard them
now!
| 6. It has been said that the United States con-
guered 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, l84G, at Vegas, as found in Emory 5
! report declared
!" Mr.. .alcalde and the people Of JMerico
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 for
some time, part of the territory Of the United
States. We come amongst you friends, not
as enemies; as protectors, not conquerors.
We come amongst you for your benefit, not for
your injury"
! What was this but an assertion Of the Texas
title, and how else had it been for some time a
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, lS48, in which it is quoted as fol-
| lows:
In answer to letter from the Governor OF
1 Texas, dated on the fourth of January, l847, the
Secretary Of State, by my direction, informed him
Presidents annual message OF December, l846,
you have already perceived that New Mexico is
at present IN the temporary occupation of the
troops Of the United States, and the government
over 1t is military III its character II merely such
a 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 on
the conclusion Of treaty of peace with Mexico.
Nothing, therefore, can be more certain than this
temporary government, resulting from necessity,
can never injuriously affect the right which the
President believes to be justly asserted by Texas
Grande, whenever the Mexican claim to it shall
be eXtinguished by treaty."
i Without violation of all law and justice, this
possession cannot now be set up against Texas.
Z. The title Of Texas was asserted by the decla-
ration ofwa by Congress, that state Of war ex-
| listed by Mexico, which consisted only in Mexican
soldiers crossing the Rio Grande and committing
hostlllties 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.
9. Pending the negotiations for peace with
Mexico, our commissioner, Mr.. Trist, asserted
the Texas title, and said: Until ascertained by
! compact or agreement de6nitive or provisional,
between the United States and Mexico, the boun-
Diary between the two republics, when considered
by the United States with reference to the national
obligation to protect their territory from INVASION
s@ @% DO. DC none 9ssr than .a. sy boundary ,saeA
was carried into the treaty with Mexico by attach
ing to the treaty, and making part of it, map
which conformed exactly to the claims of Texas,
and placed New Mexico on the west bank Of the
Rio Grande. This is absolutely conclusive Of the
treaty, to redeem her faith pledged to Texas in
the treaty of 1886, as appears by the declaration
| of her commissioners, who negotiated the treaty
with the United States in their address to their
| countrymen.
'.The intention (say the commissioners Of
tHc Draw mint, mas Deen announced by
the clearest signs for the last twelve years; and it
would have been impossible at the present day to
change it, Ritter the defeat Of San Jacno, in .qpril
1896, that the territory chich ,ce stipulated to
eracuate, and ,chch zee accordingly did eracuae, By
falling back ON .Maiamoros. III this place icas afer-
irards stationed ,rhaf called the army of the North;
and though It is true that expeditions and incursons
hare been made there as far as Bq5ar, ace hare
rery soon retreated, tearing the intermediate space
absolutely free In this state General Taylor found
IT, 'chen, in the early part Of last year. he entered there
by order Of his Government
9. Texas being admitted into the Union with
certain and specified boundaries, Congress has no
more power to legislate upon or disturb them than
those of any other State, any further than it is
given by the resolutions Of annexation. Congress
has no more power over the boundaries of State
of the Union than those Of a foreign State. This
is the settled doctrine of the country, and was
asserted even by Col. Benton, in debate in the
Senate, on the 14th May, 1874, he said: "The
Republic Of Texas acts byis name, and passes itself
to us in the whole extent Of all the limits and
boundaries which it asserts to be its own
In his remarks on the JOINT resolutions for the