The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-06-19

proposing suitable boundary between them
adapted to localities, leaving to each its actua
possessions, disturbing interest, until the deci
sion of title upon the universal principle of uti pos
sidetis instead of these obvious and natural
dies, the plan Of the committee cuts deep into tn,
actual possessions of the United States in New
Mexico-rousng the question which the committe.
Processes to avoid the question of extending slave
ry, and so disturbing the whole United States.
And here must insist on the error of the com
mttec in constitutional and municipal law, before
point out their mistakes in geography and history
They treat New Mexico having controversy
with Texas-as being in danger OF a collision with
her--and that a compact with Texas to settle the
boundary between them Is the only way TO settle
that controversy and prevent that collision. Now
all this is mistake. The controversy is not with
New Mexico, but with the United States, and the
judicial power of the United States has jurisdiction
of it, Again. possession is title until the right ID
tried; and the United States having the possession,
may give a government at once according TO the
possession; and then wait the decision Of title.
avoid all argument about right-the eventual
right OF Texas TO any part OF what was New Mexi-
co before the existence of Texas. l avoid that ques-
ton. Amicabe settlement of contested claim and
not adjudication of title, ID now my object need
no argument from any quarter to satisfy me that
the Texas questions ought To be settled l hap
pened to know that before Texas annexed, and
brought in bills and made speeches for that pur-
pose, at that time. brought in such bills six years
ago, and again at the present session; and when
ever presented SINGLE either by myself any other
person, shall be ready to give it generous con
sideration; butt as part of the California BILL wash
my hands OF it.
am against disturbing actual possession, either
that of New Mexico or of Texas; and, therefore,
am in favor of leaving TO each all its population,
and an ample amount Of compact and homoge-
neous territory. With this view, all my bills and
plans for a divisional line between New Mexico
and Texas-whether Of 1874 or lS50-left to each
all its settlements all its actual possessions all
its uncontested claiIp and divided the remainder
by line adapted to the geography and natural
divisions Of the country as well as suitable to the
political and social condition of the people them
selves. This gave longitudinal line between
them; and the longitude Of 100 degrees in nay bill
of lS44, and l02 degrees in my bill Of lS50-and
both upon the same principle of leaving possessions
intact, Texas having extended her settlements in
the mean time. The proposed line of the commit
tee violates all these conditions Il cuts deep and
arbitrarily into .the actual possessions Of New
Mexico, such she held them before Texas had
existence; and SO conforms to no principle of pub
lie policy, private right territorial affinity or local
propriety. 1t begins on the Rio del Norte, twenty
miles in straight line above Ell Paso, and thence
diagonally and northeastwardly, to the point
where the Red river crosses the longitude Of 100
degrees Now, this beginning, twenty miles above
FL Paso, is about three hundred miles in straight
line (near six hundred by the windings of the
river) above the ancient line of New Mexico; and
this diagonal line to the Red river cuts about four
hundred miles in straight line through the
cient New Mexican possessions, cutting of about
seventy thousand square miles Of territory from
ing il to Texas, where there is. This constitutes
a more serious case of tacking than even that of
sticking incongruous bills together, and calls for
a most considerable examination OF all the cir
cunstances it involves. will examine these cir
cupastances, first making a statement, and then
sustaining il by proof.
Ell Paso, above which the Texas boundary is now
TO be placed by the committee, is one of
the most ancient of the New Mexican towns, and
to which the Spaniards of New Mexico retreated
in the great Indian revolt in $780, and made their
stand, and thence recovered the whole province.
1t was the residence of the lieutenant governor Of
New Mexico, and the most southern town of the
province, as Taos was the most northern. Being
the right bank of the river the dividing line be-
tween the United States and the Republic OF Mex
leo leaves out of our limits and consequently out
of the present limits Of New Mexico; but New Mex
leo still extends to the Rio del Norte at the Paso
and therefore this beginning line proposed by the
cuts into the ancient possessions Of New
Mexico-a possession dating from the year 1895.
That line IN its course 10 the Red river, cuts the
river and valley of the Puerco (called Pecos in the
upper part) into two parts, leaving the lower and
larger part TO Texas; the said Rio Puerco and its
valley, from head TO mouth, having always been
part of New Mexico and now in its actual posses
sion. Putting together what is cut from the Pu-
erco and from the Del Norte above and below FL
Paso, and il would amount 10 about seventy thou
sand square miles, 10 be taken by the committees
line from its present and ancient possessor and
transferred to claimant. This is what the
new line would do and in doing II would raise the
question Of the extension of slavery, and of its
istence at this time, by law, in New Mexico, as a
part Of Texas.
This statement is too important TO remain a mere
] therefore proceed 20 verify il; and
for that purpose have recourse TO the highest
thorities s-Humboldrs Essay upon New Spain, Pixies
Journal of his passage through New Mexico. and
DR.. Wisizenuss report OF his tour with Doniphan's
9 xpcdition. I begin with Humboldt and quote him
TO show the boundaries of New Mexico on the cast,
where that province bounded upon Texas and Goa
A vol rta ali q tho t.
say, he says:
"J'ai trace les mites de Coahua ct de Texas,
pres de l'embouchure du Rio Puerco, ct vers les
sources du Rio de San Saba, telles que je les al
trouvees indiquees dams les cartes specaes conser
yees dams les archives de la vice -rOyante, ct dres
secs par des ingenieurs au service du roi DE
pagne."
In English; al have traced the limits Of Coahuila
and of Texas near the mouth Of the Rio Puerco,
and towards the sources of the Rio de San Saba
such as have found them in the special maps pre-
served in the archives Of the vice-royaty, and
drawn up by engineers in the service of the King
Of Spain"
This is what Humboldt says of the eastern boun-
dary of New Mexico; and his map illustrates what
he says. He places that boundary, as il leaves the
Rio Grande del Norte, at about twelve miles below
the mouth Of the Pucrco, in west longitude I04 and
ia north latitude 49,, and thence northeastwardly
To the head of the RIO San Saba branch of the Rio
Colorado Of Texas, in north latitude 32o 49, and in
west longitude 1912. This is the line he gives, as
found in the special maps drawn up by engineers
in the service Of the King of SPAIN and preserved
in the archives of the vice-royalty in the city OF
Mexico. Further than that he does not trace il,
because the country was wild and unoccupied, ex.
cept by rowing Indians; but that is far enough for
our purpose. Il is enough 70 show that New Mex
co, under the Spanish government, extended as
Tar east as lul degrees OF longitude, covering the
whole course Of the Puerco, and entering what is
now the county Of Be<ar, in Texas. So much for
Humboldt now for Pike. He says, at page of
ais appendix to the journal of his journey through
New Mexico:
"New Mexico lies between 30o 30 and 40 of north
attitude, and l04 and los degrees of west ong gitude
md is the most northern province Of the kingdom
)f New Spain. II extends northwest into an un-
ichned boundary-is bounded north and east by
south by New Biscay and Coahuila, and
Test by Sonora and California. It's length is un-
known; its breadth may be 600 miles; but the in.
labitcd part is not more than 400 miles in length
md 80 in breadth, lying along the river del Nortc
rom the s7o to the 3e 30 Of north latitude; but in
his space there is desert of more than $50 miles
santa Fe is the capital, and the residence of the
governor. FL Paso is the second city, and is the
esidence of the lieutenant governor II is the most
outhcrn town of the province, as Taos is the most
northern"
This is the journal of Pike, and his map CORE
ponds with II. IL shows the eastern boundary Of
New Mexico, leaving the Del Norte n few miles be.