Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-22

to the Congress Of the United States For
this purpose she divided the State Congressional Districts
she takes no notice Of any claim for representation upon
the part OF New Mexico Then again, little further
(Apn IL, 1886 she established iudicia districts Of the dis
trlc courts for the State but she did go within long
way Of new Mexico. Then, again, on the day. she
passed an act Tor the enumeration OF the inhabitants OF the
State OF Texas The Senator from Texas say if any
New Mexican counted in that enumeration Again
the proceeds to further organize the counties of the State
and she established at that session thone ones
through all her Jurisdiction but she did not approach within
long way OF New Mexico She then passed Hr acts for
the taxation OF Estates real and PERSONAL of residents and
residents and the Senators from Texas say if of
property real PERSONAL taxed in New Mexico
Yet this the first attribute Of sovereignty and the right
existed it is the FIRST that Texas would have exercised and
the last she would have yehied.
This was the state of things the year after the treaty of
when Texas of the States of this Unon
and was perfectly safe to claim all her ghdal jurisdiction
Sir her Legislature made claim And permit me here say
that this was the only way in which she sovereign pow
could clam jurisdiction It is idle talk of what
thought by this that what said in the street
Her laws the exponents of her intentions This them
the situation Of thiogs in ls4e, and in that way they
went from 1876 to $780, Congress met the first Mon
day of December last and mooed about that there
to be scheme Of compromise, by which all things
settled and among other things the boundary Of Texas
was written OF in the press talked of in private and
political circles and now, in the very midst of these things
when the question whether Congress did intend
settle all these questions Texas stepped forward and by
Mexico east Of the Rio Grande call attention that
hold in hands the acts Of the Legislature Of Texas for
the year 1880 On the 4h Of January last passed
entitled can act to provide for the civil organization of the
counties of Preside Ell Paso Worth, and Santa Fe.' The
substance is found in the first secton which follows
Be enacted &c. That the Governor shall nominate and
by and with the advice and Of the Senate appoint
whose duty shall be to organize the counties
OF Presidio Ell Paso, Worth, and Santa Fe.''
The second section then provides BRIEF that this one CON-
Law
election precincts and order election for the county off,
GERS, who hold until the regular county election.
You observe that Texas could not wait until her
| regular election
by previous legislation think in the year ls4s ls49
Santa Fe created Judicial district and the Judge
| Mr.. DAYTON. have looked with through
the statutes Of Texas and found such act but, presumng
the law must have escaped my attention. may now be per-
mted ask the Senator from Texas whether any
ever held by that judge in Santa Fe
Mr.. RUSK. / believe not. ......>
| Mr.. DAYTON. Then it does not amount to much it
court and the inference, from the appointment Of
Judge than counerbaanced by the fact that he
assumed to act. have the records before New
Mexico has before been organized by Texas into
ties, formed into judicial districts Nothing done
upon these subjects until agtated here in Congress-
and them pending the discussion here, the Texans
commissioner off three four hundred miles orga-
forthwith four counties. If this intended
real thing, and not for effect find this somewhat singular
4
porionng the Senators and Representatives among the
ties of the Staehs entire State is divided into twenty
Senatorial distctshey put these four counties being
all that vast section of country commencing sixty miles below
Ell Paso and embracing all with population equal
suppose nearly oneha othe present population Texas
into Senatorial district They allow them twenty
sixth of the representation in the Senate of Texas and in the
House they allow two representatives Of sixty nne being
thirty and half part of the whole If this be intended
for real thing, permanent matter in the organization of
their Legislature 1t is certainly somewhat scanty allowance
the hight Of representation those citizens Of Texas who
nhabt the large province of New Mexico, and down to sixty
miles south Of Ell Paso
Mr. President do apprehend that the Of Texas
herself in her legislative history such show that she
herself any past time claimed jurisdiction this country
She has left her title unassered for fourteen years. and
the point of time when 1t doubtful if her claim would
be satisfied, and then she hues her Legislation and sends
off commissioner And, now, upon what told that
title depends In the able speech Of the Senator from
Texas which have referred BEFORE told that that
title depends, FIRST upon the sword which unsees all boun
daries and tha, consists Of parts Title by revolt
Title by treaty. This, in paance, would be title,
first by conquest and possession; second, by deed
Now what the title of Texas acquired by revolt
revolution Why, the very words reuoh, rerolu0n,
vi tern,i conne the title to that country which revoed
and was revoutionzed New Mexico not within three
hundred miles Of the settled portion Of that country which
revoutonzed and had nothing to do with it. Texas cannot
claim New Mexico, then, by revotor revolution The Gore
of the State Of Texas having revoutonzed and having
sustained ITSELF she is entitled to the Of her ancient
knowedged boundary just in the way as an individual
who happening be in possession Of mansion house with
farm where the lines clearly Marked shall be considered
as legally possessed the OF the known boundary
Thus Texas her Government may be considered legally
by conquest and occupancy the extent Of her
known boundary but further But before pass let
say here that do not to contest the title of Texas
to that part of the country between the Nueces and the lower
Rio Grande up even her old northern line, which was
much below Ell Paso. Although, upon strict principles Of
national law, she would not in my judgment, be entitled to
yet reference to the lower part Of that country at least
there quasi mixed possession and the United States
has committed itself by its Acknowledgements in behalf Of
Texas too far contest its claim But it to
that the United States has thousandod better title to the
Lower Rio Grande than Texas has to New Mexico Texas
says that her tile consists Of revolt only but that she has
also paper title.
Now sir what is this paper title of Texas It consists Of
treaty with Anna in 1885, and the the Texan Con-
gres defining own boundary passed in December
year, and the subsequent treaty of Guadalupe Hago in s4s
have already had occasion say that the treaty with Santa
Anna ESQ called for brevy, although purpors to be mere
article Of agreemen has been enforced The Senator
from Texas says that must he recoected that the Govern
at that time military desposm; but the treaty
its face shows that not military despotism, and that
the Texans themselves treated with it Government Of
such powers The tenth article Of that treaty is
stipulation the part Of Santa Anna and of his Off
GERS that their paro of honor, they would pledge them
selves exert their best influence have the treaty ratified
by Mexico and in the of its not being ratified they
pledged themselves not to take against Texas. The
treaty shows upon its face that this negotiation the part of
Texas made with officers who had power to form
treaty, and who merely gave pledge to exercise their in
fuence to have the treaty ratified.
Mr.. RUsK. One word in explanation. The cause Of the
insertion of that article in the treaty this: Santa Anna
at the head Of the military despom Of Mexico and at
the head of the army Immediately after he taken pris-