The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-23

limits was not reduced to sctual possession
nor was that necessary. Before her is,depend
ence was recognized BY this Government, be
organic act of boundary was read in the Senate
by Mr.. Robert ]. Walker. She was admitted
into the Union with these identical limits, sub
ject only to the right of this government to ad
just her boundaries with "other governments.
If that was not effected by the treaty witt
Mexico, tho Federal Government has lost al
control over the subject Both the upper anc
the lower Rio Grande were taken possession Of
by the United States army in the name of, and
under the title Of Texas. In his proclamation
issued at Vergas, near Santa Fe, on the 18th OF
August, 1876, Gen. Kearney declared to that
people Mr. Alcalde and people of New
Mexico have come among you by the orders
OF my government, to take possession of your
country, and extend over It the laws OF the
United States We consider it, and have done
50 for some time, part of the territory of the
United States. We come among you as friends
not as enemies; as protectors, not as conquer
ora" This proclamation, which is to be found
in the official journal of Col Emory, was issued
previous to the treaty, and shows that the Gov
eminent then held this as a part of the terrific
ny of the United States, which could be in no
otherwise than as part of Texas. II fully
ncSdtisCS Tit fucn tlidt Tic cOuUtfy HOW III uS-
pute was held as a conquest.
This was but carrying out the assurances OF
the Charge of the United States, Mr. Donald
son, to Texas, during the negotiations for an
nexation. In his letter to this Government,
dated July IL, l845, he says: "The boundary
of Texas, as defined by her statutes, runs up
the Rio Grande from its mouth in the sea, TO its
source, cutting off portions of Iamaulipas,
Coahuia, and New Mexico" After stating the
reasons why he did not encourage Texns to take
possession Of the Rio Grandc, he proceeds to
say: I" But while from such views encouraged
no aggressive movement on the part of Texas
to take fOrcible possession of the Rio Grande,
| have nevertheless omitted no opportunity of
satisfying all parties here that the United States
tcould in good faith maintain The clam, and thai
HAD ere,y reason 70 6eliere they you'd do so sue
cessfully." ,t,i ~ s, s' - a,s fe
Thus was the faith of this Government actu-
ally pledged to maintain the whole claim of
Texas to her boundary Without this pledge
Texas never would have given the General Gov
eminent the power to adjust it with Mexico,
surrendering her own power to prosecute the
claim by the force of arms 7l7 x
The resolutions of annexation also carry this
pledge on their face, in declaring: sand in such
State or States as shall be formed out of said
territory north Of said compromise line (36. 3O)
slavery or involuntary seryitude, except forcrime,
shall be prohibited" The articles of annexation
fix automatically the boundary as to all below
that line, and with sufficient certainty the north
ern limit. Now, Santa Fe itself, where this
revolutionary movement was made, is in latitude
35. IA. 6.
An effort is now made by certain politicians
to dismember Texas, for the purpose of establish
ing a Free soil State or territory within her lin
its. To deprive her of the country east of the
Rio Grande, is to violate lst That provision of
the compact OF annexation, which declares her
whole territory to be slave territory, until she
forms State north of 36. 80. Cd 1t is viola
ton of that provision which authorizes her to
make free State, or States north of that line.
Sd. 1t is a violation of that provision which at-
thorizes her to form slave States Of all that
territory south of that line. 4th 1t depriyes
her of territory necessary to the formation Of
the number of States authorized by the articles
Of annexation. 9TH 1t deprives her of large
portion Of the public domain, all of which, with
in her limits, is expressly pledged to the payment
of the public debt of the State by the resolu-
tons of annexation and the faith Of this Gov
eminent.
When the United States by the proper de-
partment shall assume to violate the plain terms
of this compact, Texas has clear right to with
draw from the Union, or resist the Federal Gov
eminent by the force Of arms, as fully as though
you were foreign power. Having violated the
terms Of Union, and broken your faith, you will
have forfeited all claim to the allegiance Of that
State. Vattel lays down the rule of Interna-
tional law, that when two nations unite in one
government, on certain conditions, and one of the
parties Violate their terms, the other is re-
leased from the compact, and may withdraw.
its truth and its application to this case there
can be no doubt. Texas is fully entitled to all
the conditions of the compact.
Sir, that State did not beg her way into the
American Union. She was twice courted and
woOed to your embrace. At the time of annex
alton the republic of Texas could have had an
alliance with either of the great European pow
ers. Her foe PROSTATE and powerless, was
prey to intestine connections England stood
ready to guarantee her independence and fill
her ports with rich foreign commerce. Texas
rejected all these advantages for place in this
Union; and now all she demands is justice, and
fulilment of the compact according to its terms
and in good faith.
But admitting, for the sake of argument, that
there may be a contest between the United
States and Texas, as to the title to this country
since the treaty with Mexico, still it is perfectly
demonstrable, that Texas is entitled to the pos
session, end this Government cannot resist it.
1t was agreed that the possession should be de-
lvered over to Texas as soon as the war with
Mexico could be brought to close.
1t will not be denied that the President, as
the commander-in-chief may in time of war, bind
the Government by declaring the intent with
which the army takes possession of country.
The Governor of Texas demanded an explana-
ton of the President of the military occupation
and government established in Santa Fe, during
the war with Mexico. 1t was explained in a let
ter from the Secretary of State, directed to the
governor of Texas, by order of the President da-
ted February IL, l847, in the following Ian
guage:
!" 1t is merely such government as must ex-
ist under the laws of nations and Of war, to pre-
serve order and protect the rights of the inhabi-
tants, and will cease on the conclusion of "A trea-
ty of peace with Mexico
Thus this Government agreed to deliver the
possession over to Texas with the restoration Of
peace. In contest between private litigants,