The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-19

independence was 0xeu her legislative assembly met
the year lsa6 and now, beng Of the sovereign States
OF this confederaey she again looks over her lines
boundary She almost commenced anew, and perfected
her system oi internal organization her laws q ina
year most important indicating the extent. the ful
extent, OF her claimed jurisdiction hold those laws
that year IN my hand The very first act she passed afte
annexation with this government was to provide l2sli
February, lSA6 for the election OF representatives TO ht
Congress OF the United States For this purpose she d
vided the State into congressional Districts but she takes
notice 81 any claim for representation upon the pat q
New Mexico. Then, again, little further on, lApr
III ls46 she established udicil districts Of the district
courts for the State but she did not 20 within long
way Of New Mexico, Then, again, on the same day
she passed an act for the enumeration OF the inhabitants
Of the State Of Texss" The senator from Texas can
say if any New MEXICAN counted in that emu
Asa shs proceeds s q Ias, Ggaoxs e
sion thirty one ones, through all her jurisdiction
but she did not approach within long way OF New Mex
co She then passed her acts for the taxation OF estates
real and personal Of residents and residents and
real Or personal was essr taxed ID New Mexico vi
lns ~ M Ss Tsss nave
and the last she would have yielded.
This the state OF things the year after the treaty o
Union and perfectly sale to claim all her righu u
risdicon Sir her Legislature made claim. And per-
nit me here 10 say that this was the only way in which
she sovereign power, could claim jurisdiction. Ii is
idle to talk Of what was thought By this man OF that
what said in the street Her laws the exponents
Of her intention This then, the situation Of things
1910, In lndl way lQey Went 1910 ~ oOU
Congress- met the first Monday Of December last and il
mooted about that there to be scheme ol
compromise, by which all things to be settled, and
s0 q % 1ss ss sss sqaasa ssa 81 4 aa @ @
cal circles; and now, in the very midst Of these things
when the question whether Congress- did not intend
BY short act oi legislation claimed Jurisdiction over ali
New Mexico east OF the Rio Grande call attention to
that act hold in my hands the acts OF the Legislature
OF Texas for the year 1850 On the 4h Of January last
an act was passed entitled An act 10 provide for the
civil organization of the counties of Pesidio FL Paso,
Worth, and Santa Fe" The substance ID found in the
FIRST section, which is as follows
BE enacted % That the shall nominate. and
by and with the advice and OF the Senate appoint,
n ya1is n da sAs p % the
The second section then provides in brief. thatthis
one commissioner lay OFT said counties into convenient
districts and election precincts. and order an election Tor
escnn o bs, es.s s cnnd moi
wait even until her next regular electonS
| Mr.. RUSK. II the senator will allow me, will state
that BY previous legislation think in the year ls4s Or
iS49. Santa Fe created Judicial district and the
Judge sent out.
Mr.. DAYTON. i have looked with some care through
suming the law must have escaped my attention, may
be permitted TO ask the senator from Texas whether
any court was ever held BY that judge in Santa Fes
Mr.. RUSk. believe not.
Mr. DAYTON Then il does not amount TO much; it
court, and the inference, from the appointment of
Judge, than counerbaanced by the fact that he
never even nave Tue rtcOTu6 DtlOTe
New Mexico has before been organized by Texas
into counties, formed into judicial districts Nothing
done upon these subjects until il was agated here in
Congress- and them pending the discussion here the Tex
ans sent commissioner OF three four hundred
miles organize forthwith four counties IL these
intended real thing, and not for effect, find
this what singular fact In subsequent act OF this
session. In act apportioning the senators and
representatives among the counties OF the Satethe
tire State is divided into tweny-six senatorial Districts
they put these four counties, being all that vast
n Of miles below III pasO
and embracing all New Mexico, with population equal
suppose to nearly onehal OF the present population OF
Texas, into one senatorial district They allow them
twenty sixth OF the representation in the Of Tex
and in the house they allow two representatives out
Of sixy-nine being thirty-iouh and half part of
the whole. II this be intended for real thing perma
nent matter in the organization OF their Legislature
certainly somewhat scanfy allowance of the night 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 not apprehend that the course Of
Texas herself her legislative history Is such as to show
that she herself al any past time claimed jurisdiction over
this country She has left her title unasserted for four
teen years. and up to the point OF lime when II was
doubtful fHer sim would not be satisfied; and then she
hurries her legislation, and sends OIL commissioner.
And now upon what are we told that her title dcpendsl
In the able speech OF the senator from Texas, 10 which
have referred before, we are told that that title depends,
rst upon the sword, which unscttes all boundaries and
that il consists OF parts: h Title by revolt; .. Tide
by treaty. This, IN common parance, would be title,
first, by conquest and possession; second, BY deed.
NOW, Wnat Was Tue uNt Oh ttAds, dclulIcu Uy fcNot
sr revoluton Why, the very words revo, revolution,
iernini conne The title 10 that country which
voted and was reyolutionized. New Mexico was not
within three hundred miles of the settled portion OF that
country which revolutonlzed and had nothing 10 do
with II Texas cannot claim New Mexico, then, by
volt or revolution The government of the Stale OF Texas
having evouioaIzed, and having sustained ITSELF she Is
entitled 10 the extent OF her ancient acknowledged
boundary; Just in the way an individual, who
happening to be in possession OF mansion house, with
farm where the lines are clearly Marked shall be con-
sdeed legally possessed 10 the extent OF the known
boundary. Thus Texas or her government may be
sdered legally possessed by conquest and occupancy 10
the extent Of her known boundary but no further But,
before pass let me say here, that do not mean 10
contest the title OF Texas 10 that part OF the country be-
tween the Nueces and the lower Rio Grande, up TO
her old northern line which was much below III Paso.
Although, upon strict principles OF national law, she
would not, in my judgment, be entitled 10 it, yet, in ref
to the lower part Of that country, at least there
was quasi mixed possession; and The United States
has committed itself by IFS Acknowledgements in behalf OF
Texas too far now 10 contest its claim. But II seems
TO that the United States has thousandfold better
tile 10 the Lower Rio Gfande than Texas has TO New
Mexico Texas says that her title consists not OF reyo,
only, but that she has also paper title:
Now, sir, what is this paper title OF Texas Ii consists
ot treaty with Santa Anna in 1885, and the OF the
Texan Congress defining her own boundary, passed in
December Of the year. and the subsequent treaty OF
Guadalupe Hlago in 54S have already had occasion
to say that the treaty with Santa Anna ESQ called for
brevily, although purpons TO be article OF agree
men has been enforced The senator IRON Texas
say that il be recoleced that the government
al that lime military despotisn but the treaty its
face shows that II was not military desposm, and that
the Texans themselves treated with il as government
OF such powers our own The tenth article OF that
treaty. a sipnlaon the part oil Santa Anna and some