The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-31

Polk in his annual message of December, ls46 Hn
tells that temporary government was established in
New Mexico by virtue OF the rights of war that when
the ended. this temporary government ceased 70 de-
nve any force from that Of authority; but that.
the Inhabitants became entitled to the benefits oi our
constitution and laws, that Congress having failed to
Piovae territorial government, thai which was estab
government de facto mus, continue with The presumed
consent OF the inhabitants And Mr. Buchanan late
secretary OF state N MS letter OF October l646 says
~ ne great law oi necessity iustes this conclusion
The consent OF the people is resshly inferred from the
act that no civilized community could possibly desire to
presented would be 10 place themselves in state ri an
archy," &c. This the Secretary says of California hut
it is equally applicable to New Mexico WE'LL sir. the
says that this de ucfo ought to have
ceased Immediately upon the peace that its continuance
IS subverson OF the authority Of Texas. and an in.
fraction of her territorial limits This would al be true
if the territory in question the acknowledged right
Of Texas. There could then be petence for holding
hour But there has never been any such ackDow(
egnen Of the claim Of Texas by the government Of the
United States, or by the people of the Territory The
geSesasnl do faco has continued with the aassnt Of
The people, and with such sanction as the silent acqu
escence OF Congress may give No proposition has been
made Congress yield up the Santa e country to Tex
as no such propositions, think, could command q ma
oy Of Congress g IS rhe treaty Of psaGs which % y the
but does guaranty 10 the people OF the ceded territory in
corporation into Union What the treaty transfers 10
New Mexico both sides OF the Rio Grande. The peo-
pie thus transferred have right to be heard before they
assigned to Texas None but legislative author.
ty, aud that of both Texas and the United States, can
determine the limits of Texas and settle this dispute in
which there is claim side and claim with pos
session on the other
Now, what is the Executive to do! He cannot yield
up the country we hold to the State which claims it,
That would be usurpation OF Legislative authority Nor
can he do indirectly that which would be fragrant out
rage to do directly So that he cannot by any orders
from the Department of War, or otherwise, however
sklfuly conirived transfer Texas that territory her
claim TO which presents Mr. Polk said, question for
Congress settle Ii Texas has title that will not be
invadaed by the continuance of the United States pos
session till the settlement OF the dispute. IT. then, the
possession of the United States should be disturbed BY
an armed force, the Executive to stand still, idle
spectator OF this violence If the State of chihuahua
claiming title 10 this territory and insisting upon it, dev-
cry her authority should march three thousand men to
Santa Fe would not be the duty OF the President to re-
pei this invasion And If Texas should do the same
thing how would his duty be varied by the fact that she
was a State in the Union She cannot mako war, nor
she constitutonay keep troops in time OF peace e5
cept by consent OF Congress. Can she constuhonolly
employ them because their force be directed against
people within the limits and under the protection OF the
United States!
But will not pursue this subject My most earnest
desire to avert the dangers which lie in such pros
pect For this am willing, indeed very anxious. to ef-
iec an arrangement liberal and hope, satisfactory
to Texas My votes shall give the proof OF my sncsz1y.