The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-10-22
For hs Southern Press.
The President and Texas.
No. 4.

IS The President and Texas.
No. A.
| We have seen how the United States got "pos-
session. Of New Mexico, and what was the nature
Of that possession. X was a pedis possessio by
General Kearney and his troops, of few acres in
Santa Fe, extended by proclamation TO the original
bounds of New Mexico. Having thus possessed
himself Of all New Mexico, Mr.. Polk instructs
him to establish temporary military government
in the Province, to preserve it from anarchy, to
secure peace and protection to its citizens, and
their subsection to the United States during the
war. To those who may not be acquainted with
the law of nations, il may not be amlss to offer
few words in explanation OF this kind OF gov
eminent. "Immoyable possessions, During
war, lands, towns, provinces, &C., become the
property Of the enemy who makes himself master
of them; but it is only by the treaty of peace or
the entire submission and extinction Of the State
to which those towns and provinces belonged, that
the acquisition is conpieied and the property be-
comes stable and perfect" (vatel p. 1857 What
now is to be done with the province until the
treaty is made 1t is for the time being, abso-
lutely the property of the captor, but it may be
recaptured, or it may be considered unworthy of
the trouble and expense of holding it, or il may
be advisable to exchange it for provinces taken by
the other party or At the treaty OF peace the par
ties may fix upon q money-ndemnity, or some
other that is satisfactory to both, in which case
such party gains his original landed possessions.
In the meantime the people Of the province must
be kept in order. This may be done by allowing
them to live under their own laws, modified at the
discretion OF the conqueror, Gas was done IN the
city of Mexico,) or by an entire abrogation OF
their laws and substitution of new The latter
course was pursued by Kearney, at least he en-
tirely remodeled the New Mexican form of gov
eminent, reserving only such of its laws as har-
monized with body Of laws compiled for the
most part from the statutes of Missouri, of 1eras,
and Coahuila, and the Livingston codes
This Government Gas all governments OF the
kind do, expired at the close of the war. With
the treaty Of Hidalgo it became defunct, utterly
null and void More of it in another place. -Tl
Having established this temporary government,
General Kearney stations small part or his
command in and about Santa Fe, sends part to
General Wool, and taking three hundred men,
way to California. As he left New Mexico in
1916, so the treaty of Hidalgo found it in 1913.
As the treaty OF Hidaldo found it in lS4S,
so did MIR. Fillmore find it in 1850. Thus we
have had a conquered State, part Of which be-
longs to Texas and part to the United States,
living under the government of neither for two
years A State, Gf we may so call it,) existing
under a code of laws in which the legislative au-
thorities of the Union have never had voice I!
code of laws made by the Executive OF the
United States, acting under Constitution which
carefully separates the executive, Legislative, and
JUDICIAL departments VI Tile 1OSCIuihcHt, anu
which expressly declares, that call legislative
powers shall be vested in Congress, &C., A
code of laws, dead in body and soul two years
ago! ~.
Such is the possession which the United States
sets up against Texas; such the laws which the
President feels himself bound to sustain at the
point Of the bayonet against Texas! We beg
the reader to bear in mind the indisputable fact,
that from May l84S, to the date of the message,
there was no law in New Mexico which any
body was bound to recognize, or that any one
could recognize as possessing any binding force
This talk of Mr.. Webster and others, about the
Kearny government being kept up "3rom neccs-
situ, - IS language which may be INDUCED, while it
| means no more than that New Mexico Is left to
get along as we'll as she can in the absence of all
| legitimate government. But when the . neces-
siu" means that Abolitionists would not allow her
government without incorporating an unconsti-
tutional condition in it., the language becomes
preposterous, and disgraceful to the nation.
And when that mere bastard offspring of such a
necesstyis recognized by the President, clothed
with all the attributes of State, and fostered
with more care by him thana State would be, it is
high time for the States to begin to think of new
| Government ~
1t may be we'll to inquire, why Kearney was
instructed to take possession of the whole of New
Mexico according to its original boundaries
| When General Taylor entered Texas, she was
not yet annexed to the United States; but it was
certain that she soon would be. He was therefore
directed to regard respectfully the suggestions ofthe
Texian Executive, and of our Minister to that re-
public, touching the position and disposition of his
forces. This Of course, for without the assent of
Texas, he was awless intruder upon her terri
tory. He was advised by the President of Texas
to take post west of the Nueces, as he did; and
as Norh-w est Texas was at that time greatly an
noyed by Indian incursions, the Texan Executive
requested him to divide his forces if he could do
it with safety, and place part of them at Austin
for the protection of the State from these incur
sions. This he promised to do as he
could command the forces requisite to meet a
Mexican invasion, Chen furiously threatened) and
likewise protect the Northwestern frontier from
the inroads of the savages. He could never spare
the force needful to the latter object, and conse
quently that frontier was left exposed through the
whole war, and is to this day exposed to Indian
depredations. When Kearney however took
possession of New Mexico, he designed to meet
therefore he distinctly declared that he took pos
session of New Mexico with its original bounda-
ries, as part of the United States, and to protect
call the peaceable inhabitants within its bounda-
ries against their enemies, the Eutaws, the Maya
joes, and others" This proclamation, the Pre-
sident understands to be a pledge on the part
of the United States, to protect the citizens of New
Mexico, from the intrusions Of Texas, by virtue
of the concluding terms, sand others. As this
construction makes Texas an ssenemy" to both the
United States and New Mexico, and classes her
among the Indian tribes, we doubt the correctness
of his Excellency : versions but we have no doubt
of the motive which prompted it.
| Kearney had not established his military gov
| ernment long, before the President of Texas in
CURED of Mr.. Polk, whether this government was
designed to interfere with the claim of Texas, to
the territory east of the Rio Grande; and he was
assured by Mr.. Polk that it was not;-that it was
a government intended merely to secure his con-
/ and nrda IN which yrpud
end with the war. This is about the twentieth
assurance that Mr.. Polk gave, to the same effect.
Texas having waited two years for the United
States to trace out her boundary according to the
treaty, finding no government in New Mexico
to negotiate with, proceeds to organize counties
in her oft-admited territory, when she is met by
an United States officer, who intimates to her that
she must desist for that this territory was claimed
by the United States. Texas appeals to the Pre-
sident to know if this interference is by his au-
thorty, and she is informed that it was. She
avows her determination to send her commission
er to lay off the counties with force sufficient to