The North-Carolina standard. [volume] (Raleigh, N.C.) 1834-1850, 1850-09-11

CAROLINA, WEDN
ing of this most unfortunate communication and if
is not its true meaning, the ambiguity rests not tn
language, but on the intent. But indulging toward
him the most kindly feelings, l am willing to sup
Posethati in reality the President intends to conne hi
as with New Mexico. He attempts to justify his posi-
ton by assuming, that at the commencement of thu
Mexican war President Polk took forcble possession
of this country, and that the treaty of Hidalgo bu
confirmed and made good that possession. That thu
treaty, in legal language, Joined title to possession
since, he is not now at liberty regard other
wise than our property. This is syllogstit
mode of reasoning, which would answer a very good
purpose if the premises correct but unfortunate
y they are not correct. General Keaney, under the
directions of President Polk, did take military pos
session of that country but was not this possession
intended to be for the benefit of Texas? In answer
to demand by the Governor of Texas, did not Pres
ident Polk distinctly admit that it was merely mill
tary possession growing of the necessities of the
war, and not intended in the least degree, oppos
ing the claim of Texas? And furthermore, did moi
Mr. Polk, through his Secretary, Governor Marcy
particularly order and instruct that the military
thority, while in possession of that country, should
act in subordinaton to the civil authority of Texas
aiding and assisting in its establishment? These
facts indisputabe and as the acting President
had the evidence of these facts before him, but
consider it dsingenous for him to have attempted
to deduce the authority of President Polk to sustain
his position, when that authority, if accompanied
with the appropriate explanations, would have been
in direct opposition to his policy. Sir, no aid OF
countenance be derived from anything which oc-
Cured under Mr.. Folks administration for maintain
taing the position that this bare military posses
sion gave to iniatory title to that, country
is well established legal principle that the posses.
sion of land other property is governed and con.
troled by the quo amino of the Possessor This acl
of possession was perfected by General Kearny. l
have before me his proclamation explaining its char
acter. will read it:
"Mr. Alcade and people of New Mexico: have come
amongst you by the order of my Government to take
possession of country and extend oyer the laws
of the United States. We consider and have for some
time consideredn part Of the territory Of the United
SYates," DC.
Here is distinct admission by General kearney,
that claimed the country-that We took possession
of it under color of title. Whatttle could he have
referred to? 1t must have been the title of Texas.
We had no claim right, no pretence of any claim
right independent and exclusive Of the title of Tex
as. But it has been contended in defence of the Pres
ident that Mr.. Polk was but executive officer, and
that his opinions could not be conclusive upon the
judgement of subsequent President. Without en-
tering into argument this point, will observe
that the President takes shelter under such plea,
but the contrary, nvokes the of President Polk
afording to him justification. 1t is, the mill
tary possession consummated by order Of President
Polk, that President Fillmore relies for title and
admit the fact Of possession but contend that that
possession shall be subject to such explanation as
accompanying circumstances evolve.
The futility of the attempt made by the President
to justify his contemplated step, by the force OF the
act of 1885, in conjunction with the act of 1907, has
been so clearly demonstrated by the honorable gen.
teman from Georgia, (Mr. Stephens, that it is un-
necessary for say anything in addition. As he
we'll and truly remarked. these acts contemplate
obstruction to the judicial process and rePulsion of
foreign invasion, the proper occasions on which the
President should be authorized to call in the mil
itary authority. We have at present no foreign in
vasion; have as yet in that country no judicial
process execute, and hence obstruction to its
execution there, is an impossibility. No law of
Congress has yet been passed affecting in anywlse
the interests these people and under this state OF
facts, collision between the laws OF Texas and the
laws of the United States could possibly occur. But
this point the friends of the President have Ia
ken issue, and maintain that our treaty stipulatons
antamount congressional laws, let me bring to
the attention of the House the joint resolution for the
of Texas, which is undoubtedly possessed
of the judicial cogency of treaty. do not refer to
ing and making good the title in Texas, but for an
other purpose much more to the point. maintain
that these resolutions contemplate division of all
territory east of the Rio Grande into four new States,
which States are be established with the consent
of Texas and it is further contemplated that these
new States, when 80 established, by and with the
consent of Texas shall be adaitted sisters of the
great American confederation. These resolutions do
indeed partake of the force of civil ordinance,
but most assuredly should be entitled to the respect
full consideration of the Presidehtof the United States
and am much surprised thht when the President
and his cabinet Nsw on hes 'es
had not at least gdaato beas Fesolutions passing
notice. lam gre ffprised that it never entered
into the conceptid pf the Cabin that, State gov
ernments were to u SEshed in this country with
the consent of Texas, It was the duty of the Execq-
tive rather to have upheld than 70 have opposed the
ultimate consummation of theSA measures under the
direction of her Government. z:
This law, the highest. the greatest, the supreme
law of the land, empowers Texas to establish State
government over this country The President of
the United States, as soon aasshe makes the first
demonstration of her intent the law to exc
cute the purposes of the high dRd solemn compact,
steps forward, puts himself astde of her path, and
issues his pronunciamento that he will resist any
such falfment of the law on the part Of Texas.
with the whole military authority Of the United
States Who in this case is ne. real obstructor OF
the law-that party which makes the attempt. takes
the initatory step to execute the law, to fulfil the
purposes of the compact; on the contrary, that
which obstructs and prohibits the execution of the
law! $50
Sir, charge the President az being the actual, the
real volator of the law, and that by the arrogaton
of authority not vested in him by the Constitution
or the laws, and therefore unwarrantably usurped.
Sir if the peace of this country is desroyed-f the
lurid light of civil confagraton ilume our happy
and prosperous land, the President is the Syla, on
whose head the parricidal crime will rest. He may
indeed like his great Roman prototype, atter him
self that il ia onlv few rebels that he is punish.