The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-25


back here. part and parcel Of the treaty IL came
into this chamber such, and every senator VINO
was here at the time, will recollect that we pur-
chased a number of these maps, ana that they
were on every desk here during the discussion of
this treaty; and | ask you, now, to show me
sinole foot or an acre Of land which is laid down
on this map as New Mexico, east OF the Rio
Grande. And vet il seems all this amounts to
nothing! This map, thus established referred to,
and made part Of the treaty itself, and which was
discussed here and ratified, as part of that treaty,
is to be argued out of it, and half of her terri
tory, according to that map, taken away from
Texas. This may be accomplished: Texas has
but feeble advocate, and she stands opposed by
one Of the most powerful names in the country
one whose very dictum is law; but if he does sue
ceed in arguing this map out Of the treaty, he will
have accomplished what oratory never did before,
in my opinion, either in ancient or in modern
times Not only will it perpetrate deep wrong
upon the State which l. in part, represent, but 1t
waccomplish another thing: twill add chapter
To the history of this Government, which il will
be hard to reconcile to our notions of magnanimty
and Justice. a
Sir, this question is now up, and it should be
determined. II has been the fruitful theme for
stump orators all over the United States, and the
topic Of discussion in this and the other branch of
Congress, even when post-offce was to be estab
lished, or when anything in the slightest degree
connected with Texas was under consideration.
II is now again before the Senate, and call upon
Senators to determine this question. 1t is due to
their own reputation, as well as to the State of
Texas Sir, she has nothing else with which to
pay her just debts. This territory has cost her
dearly; and, indeed, all her rights have cost her
dearly. For the sake Of those rights she, with
less than 10000 people, was bound to go to war
with, and run the risk Of determination FROM a
nation Of eight millions. Her sons went to the
field Of battle, and her daughters had to leave their
homes, and seek safety from a merciless enemy,
and from the Indian tOmahawk, this side of the
Sabine. All these risks and dangers were in
Cured in defence Of this boundary. Yes, sir; she
stood by it then, and since she has been annexed,
il has been fully respected by this Government
in proof Of which, allow me to refer to President
Polk message Of Oath July, 1913:
Under the circumstances existing during the.
tendency Of the war, and while the whole of
New Mexico, as claimed by our enemy, was in
our military occupation, was not unmindful of
the rights of Texas to that portion which she
claimed to be within her limits. In answer to a
letter from the Governor of Texas, dated on the
4th of january, l847, the Secretary of State, by
my direction, informed him, in letter Of 18th
February lS47, that in the Presidents annual
message Of December, 1876, 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 it is military in
its character. 1t is merely such government as
must exist, under the laws Of nations 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 that this temporary gov
eminent, resulting from necessity, can never in
jurioIsly affect the right which the President be-
leves to be justly asserted by Texas to the whole
territory on this side of the Rio Grande, when
ever the Mexican claim to it shall have been ex-
tinguished by treaty. But this is subject which
more properly belongs to the Legislative than to
the executive branch Of the Government. The
result Of the whole is, that Texas had asserted
right TO that part Of New Mexico east of the Rio
Grande, which is believed, under the acts of Con-
gress for the admission OF Texas into the Union
as State, and under the Constitution and laws OF
Texas, to be well founded but this right had
never been reduced to her actual possession and
occupancy The General Government, possess
ing exclusively the war-making power, had the
right to take military possession of this disputed
territory, and, until the title to it was perfected
by treaty OF peace, it was their duty to hold it,
and to establish temporary military government
over it, for the preservation of the conquest ITSELF
the safety of our army, and the security of the
conquered inhabitants"
And also Mr.. Folks annual message of lS49,
relating TO Texas, New Mexico, and California
"The existing condition of California, and of
that part OF New Mexico lying west of the Rio
Grande, and without the limits of Texas, impe-
riously demand that Congress should, at its pre-
sent session, organize territorial governments
them. 1 s.t f,5 .5 Na1.ggaF
Upon the exchange of the ratiications of the
treaty Of peace with Mexico Of the 3Oth of May
last, the temporary governments which had been
established over New Mexico and California by
our military and naval commanders, by virtue of
the rights Of war, cease to derive any obligatory
force from that source of authority and having
been coded to the United States, all government
and control over them, under the authority of
Mexico, had ceased to exist. si
g Impressed with the necessity Of establishing
territorial governments over them, recommended
the subject to the favorable consideration of Con-
gress in my message communicating the ratified
treaty of peace, on the 9th Of July last, and in
voked their action at that session. Congress adj
iourned without making any provision for their
government. aaas 4.
"The inhabitants, by the transfer Of their coun-
try, had become entitled to the benefits of our
laws and Constitution, and yet were left without
any regularly organized government.
s'Since that time, the very limited power pos
sessed by the Executive has been exercised to pre-
serve and protect them from the inevitable conse-
4uences Of state of anarchy. The only govern
ment which remained was that established by the
military authority during the war. Regarding
this to be de facto government, and that, by the
presumed consent of the Inhabitants, it might be
temporarily, they were advised to CON
form and submit to it for the short intervening
period before Congress would again assemble and
could legislate on the subject The views enter.
tuned by the Executive on this point contain
ed in a Communication Of the Secretary Of State,
dated the 7th of October last, which was forward
ed for publication. T"
The claim Of Texas to this territory has found
no question from Mexican authorities, and has
ound none, except in the United States. This
territory is hers, by every title - it is hers
now. She owes just debts, and she cannot yield
/ without full compensation. She will make no
hreats against this Government. She will use no
threatening language; but she is under obligations
10 her credtors-nay, TO the widows and orphans
Of those who fell in the achievement Of her indie
pendence-which it would be disgracefnl in her to
forget for single moment; and she will insist up
on those rights as secured to her in the resolutions
Of annexation, and the treaty which followed
them. appeal, therefore, to Senators, to come
up and meet this question fairly, on its own me-
rits--to avoid mixing it up with the question Of
slavery or no slavery--and to decide the question
on principles Of justice. This is all that Texas
asks; and this is what she has right, under the
terms of annexation, to expect from the United
States 4a tN
MIR. Rusx here gave way to a motion, by Mr.
CAss, for an ad journment; which was agreed TO.