The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-06
district ,underthe authority ofTexas while I b.,.


no power TO decide the question of boundary, and
no desire 10 interiors with it question Of title
have to observe, that the possession of the terri
tory into which it appears that Mr.. Neighbours
has thus gone, was actual acquired by the United
States from Mexico, and has since been held by
the United States, and In my opinion ought so to
remain until the question of boundary shall have
been determined by some competent authority.
Meanwhile, think there is no reason for serious
ly experimenting that Texas will practically inter
fere with the possession of the United States"
Here is an ill-dsguised sneer at the officer, and
authority of the State in the person of her commits
sioner: and an implied threat if Texas shall prac
tcally interfere with the possession of the United
States" II is without meaning, unless intended
as threat; for the message communicates the
fact, that Texas had practically asserted iurisdc-
ton in this very country. II is the first time in
the history Of this Government, when its First
Magistrate has made use OF his station 10 sneer at
the authorities of one of the States of this con-
federacy. How much dignity such official bear
ing can add to the man or the place, the public
will Judge.
This message asserts, in terms that the posses
sion of this country is inthe United States and that
Major Neighbors, as the commissioner Of Texas,
has obtruded himself into il without the authority
OF this Government. As the Legislature of that
State has placed this disputed territory in my dis
trict, esteem it my duty TO correct these mis-
statements, and place the history Of the subject in
its true light.
In the first place, assert that the last admins
tation admitted that the right possession to this
country as well as the title, was in Texas: ordered
il TO be delivered over 70 her, and Invited her to
take possession of the country. In his despatch
of the 18th of October, I848, directed to the COM
handing officer at Santa Fe, Secretary Marcy or
dered as follows; Texas claims as part Of that
State all the territory lying east of the Rio Grande,
and the government here has not contested that
n y q t.. A.
what the Mexicans called New Mexico, lying
east Of the Rio Grande, the civil authority which
Texas has established or may establish there is to
be respected, and in no, manner whatever inter-
fered with by the military force in that depart
ment, otherwise than to lend aid on proper occa-
sions in. sustaining it. In other parts of New
Mexico, whatever civil government is found to
exist, is to be regarded as government de jae,o,
and also to be respected. sa
The last administration asserted, that with the
war ended The military government and the pos
session of the United States on the east side of the
Rio Grande. TWAS always asserted to be mere
war measure. That was the response given to
Governor Henderson, Of Texas, when he called
on the President to explain the character of this
military government. In his special message Of
the Oath July, 1913, the President said
SIN answer to letter from the Governor of
Texas, dated on the fourth of January, lS47, the
Secretary of State, by my direction, informed him
in letter Of the 18th of February, l847, thatin
the Presidents annual message of December,
1886, You have already perceived that New
Mexico is at present in the temporary occupation
of the troops Of the United States and the govern
ment over it is military in its character. II is
merely such a government as must exist under
the laws OF nations and of war, to preserve order
and protect the rghts.of the inhabitants, and will
cease on the conclusion of treaty of peace with
Mexico. Nothing, therefore, can be more certain
than that this temporary government, resulting
from necessity, can never injuriously affect the
right which the President believes to be Justly as
serted by Texas to the whole territory on this
side Of the Rio Grande, whenever the Mexican
claim to 1t shall have been extinguished by
treaty" ...,,.g. n ga5 m sE III
After the failure of Congress to provide terrific
rial governments, the last administration took
measures to continue the then existing govern
nents in California and New Mexico; but ex-
pressy excepted the country on the east bank Of
the Bio Grande; Secretary Marcy, in his des-
patch to Gen. Worth, dated December 10, IS46,s
ordered
81 send you herewith copy of a letter from
the Secretary of State to Mr.. Voorhees,, the mail
agent sent to California, which was designed to
be made known to the people Of that territory
The situation Of the people of New Mexico q
mean that part of New Mexico over which Texas
does not claim jurisdiction is similar to that Of
the people Of California. The views Of the gov
eminent, as presented in the letter of the Secre-
tary of State you viii regard as applicable to the
inhabitants Of New Mexico, and Take the proper
measures % make them known in that territory"
In his last annual message in I849, President
Polk says :: t" The existing condition Of Calfor-
MIA, and that part of New Mexico lying west Of
the Rio Grande, land without the limits Of Texas,
imperiousy demand that Congress should, at its
present session, organize territorial governments
over them - a -..o
Thus this subject stood at the close Of the war
and the termination of the last administration.
The possession ofthe country on the east ofthe Rio
Grande by this Government, ceased by positive
agreement at the termination OF the war. Every
act Of military government exercised there since
is an absolute nullity. This government has no
more possession there now than it has of any
other State Of the Union, in which it happens to
have post and soldiers stationed. All acts OF
civil government exercised in Santa Fe by the
military, are gross usurpatons of power, and ty-
rannlcal in the last degree, whether directed BY
the Executive, or originating with his subor-
dinates
shall'now proceed to prove that this admins
tration has admitted the right of Texas to take
possession of Ibis country, but has since changed
the order for political reasons. In the despatch
Of Secretary Crawford to the commanding officer
at Santa Fe dated March &C. 1S49, he says
1t is presumed that the Instructions from this
Department, of October IL, l848, forwarded by
the hands Of Midshipman Beall, of the navy,
nave peeH received Dy you some time since !;
nevertheless, / herewith furnish copies of the
same. With respect to that portion of the in
structions which is in the following words !:
In regard to that part of iohat the Mcricans called
Nsc nerico, lying east Of the Rio Grade, the cipi
authority acch Isras has established, or MAY establish
e,r, Is to be respected and in no manner inierered
Nth By the military force in that department ohe,1cise
than to lend aid on proper occasions in sustaining IL.
have to remark, that it is not expected Texas
will undertake to extend her civil government
over the remote region designated but, should she
do so, you viii confne your action, under the
clause ADORE cited, to arranging your command in
such manner as not to come into conflict with
the authorities SO constituted. On the claim. Of
Texas to any or the whole Of New Mexico, east
of the Rio Grande, it is not necessary to give an
opinion, as Congress aud that State alone haze the
poaoer If adjusting IL.
1t is true that this instruction Of Mr.. CRAw-
FORD is modification Of the order of Secretary
Marcy, but only in changing the direction to sus-
tain the jurisdiction of Texas into one, not to OPP
pose it, 1t admits fully the right Of Texas to take
possession and exercise jurisdiction. IA
Thus supported and protected by the last adj
ministratIon, thus invited and encouraged by the
Government of Gen. TAYLOR. Texas sent her Com