The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-11

I. Amount allowed by the decision OF both
boards Of commissioners 4Se.sSs
a. Amour, allowed on disagreement BY the
3 Amosns allowed BY our commissioners,
A%ouns not acted d on "a ''' ."p" ssss. ssi
Aggregate. claimed 1921 SOS
lNors 81
Again. Document TO- page Let session. s0th Congress-
iSa7-4s -Prssidsafs Message Of Juiy "a. 1888
'She lTexasl had conquered reduced actual
that part Of New Mexico lying east Of the Rio Grande,
ing out Of the found Mexico in possession Of this
disputed sI1 A. our army aepossehssd s.n s re
governor under Mexican authority, with armed force
collected 70 resist our advance The inhabitants were
Mexicans. acknowledging allegiance 10 Mexico"
the title Of Texas 10 all the country below III Paso The
rver and down that 10 its mouth but he declares the
case OF New Mexico TO be quite different He means TO
have understood that Texas neither acquired BY con-
quest BY possession, by treaty. no, BY any other mode BY
which country can be acquired BY one nation from
another, to come under the sovereignty OF the
country know that an explanation OF this has been
offered know that convention was entered into with
Santa Annn when be became prisoner to Texas, alter
the battle OF San Jacnt0; and that whilst thus prison.
he, with other officers, entered into convention win
aS 6 Ss sc ne q s fh
convention between these prisoners OF war and the State
Of Texas is Of the arguments which 10 set up TO es
tablish the title and claim Of Texas think have heard
the honorable senator maintain this floor that was
good and sufficient evidence OF title. II seems to me II
needs some support, 10 say the least.
In the first place. s il not true that this prisoner OF war
was moi the government OF Mexico' Was it not true
that he had authority from the government OF Mexico
10 make such treaty this But without advertng
to the fact OF making treaty with man who Is prs'
oner. and manestly incompetent to bind the country,
the terms OF that agreement were not 10 oe OF
obligatory force Santa Anna and others made solemn
promise exercise such powers and such lnhuence as
they had to induce the government OF Mexico to make
similar treaty with Texas and declare i 10 be an lnde.
pendent State This s all they did, and they did not go
L hat uoro ia nr0na
OF and not by the government OF Mexico and
FORE it is difficult to see how could have power and
efficacy u ne 3
principle in the Mexican government. that the moment
chief magistrate took command OF the army his power as
civil governor ceased The constitution provided at
once for successor and would be error 10 suppose
that Santa Anna at the head OF the government and
had the right exercise the powers which properly be-
onged the chief civil governor OF the conntry as those
powers were then in other hands 1t is enough TO say
that this convention resulted in nothing Mexico did
not in any way sanction the transaction. She did moth
ing to establish this convention, 30 lar as recoliect
Mr.. UPHAM. 1.-THE senator will allow me, will
read the articles of agreement entered into between the
President OF Texas and Santa Anna and other Mexican
officers. ~
Mr. DAVIS shall be glad 10 have the senator do So
MIR. UPHAM then read as follows:
adopted BY David G. Barne' Plssden Of The epubIc
Texas and the members oihe cabinet there
soia general OF divisions Don Jose Urea Don joaquin
'Src TO- The President Santa Anna. and the Generals
Don Vncente Filisoa, Don Jose Urea, DON Joaquin Ia
mres Sesma and Don Antonio Gaona do. by this act Of
subscribing this instrument seyeraly and solemny pledge
event the Mexican shall refuse omit
cuie a,y confirm. and perfect this agreement they will
any occasion whatever, take arms against the
people OF Texas any portion Of them but will consider
inemseye. bound by every sacred ooga.on TO abstain
from all hostility towards Texas or Its citizens"
Mr. DAVIS I do not wish to detain the Senate
did rise TO make speech bat simply to make state
ment; and have accomplished sub stantiay what had
in view. / will, however, add word TO IT, There are
two modes Of acquiring territory and jurisdiction over
Territory one by conquest and the other by
contract or agreement between parties take il for
granted that the revolution in Texas, so far as went
and far territory acquired by that process,
was acquired by force OF arms Ii conquest and
the extent that she obtained possession OF the territory
of Mexico. and extended her laws over IT, and exer
csed her jurisdiction IT, to that extent she reduced it
TO her possession Now, did she acquire territory in
ony other wayi have shown what this convention
Il seems 10 me il hardly adequate to establish
good and sufficient title 10 any territory whatever
Them far regards possession and the exercise ami
establishment OF law New Mexico, is not the Pres-
dent Of The United States right when she never extended
laws that people, and that, all times and under
all circumstances, they had acknowledged their alle
glance either TO the Spanish government, when Mexico
Spanish province, afterwards, when the indie
pendence Of that country was established. they acknow
edged their allegiance to the republican government
Now II there never was any change IN these circam.
OF Texas saw NJ TO pass a law on paper running hef
boundaries around the province OF New Mexico. that that
constitutes good title. With respect 10 this very tract
there conflicting claims-that OF Mexico, the
hand, claiming to the Sabine, and that OF Texas the
other hand, claiming TO the Rio Grande This very dis
pue shows that there unsettled title, and brings
back the question how far Texas had right TO extend
her jurisdiction over this public conquest so as TO spread
her laws over IL and exercise her sovereign power.
Then, ask again. is not the President right when he
repeatedly says with all his sentiments in favor OF Texas
or at least far from being unfavorabe TO her-beng
and ardent friend OF that Satewhen he says the
people represented in the conventions legis
ave assemblies OF Texas, and that the laws OF Texas
were not known in that country These matters
which should like to hear discussed here, and will
render the floor for those who choose TO do IL.
MIR. RUSK. will answer the difficulties OF the hon.
orable senator from Massachusetts, In doing 20, will
begin with the last one first and that Is, with regard TO
the treaty. That treaty signed by Santa Anna when
he prisoner but Il sanctioned by the other Of
hcers OF his army The honorable senator must remem-
Der that Mexico a military despotism at the time,
and this treaty sanctioned by other officers who were
in Texas, and not prisoners was at the head OF about
OF 1000 men, and he sanctioned the treaty, and trans.
mitted Il 10 the government OF Mexico. which, by us
acts, taciiy sanctioned the treaty The Mexican gov
invested him with full powers, trusting 70 his
discretion But, sir, this, in my judgment, immaieri
matter IN the present issue.
come now TO the principle which the senator lays
down the ground work OF the title OF the United States
in those Territories. He says in the first place. that the
United States conquered this Territory, and besides that,
they paid for it, Texas State OF the Union. Sup
pose that the army Of foreign power in possession
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