The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-05-30


tition and YOU my Mexican felow-citizens, who
till your own soil with your own hands, would
be compelled to fly your country, or he degraded
from your equality of freemen forfeiting all your
hopes Of rising TO the new elevation promised by
your alliance with the great North American Re-
public and living only to witness the ruin of all
that renders life desirable.
mir. Smith examines at length the miserable
claim of Texas, and then proceeds:
Let us see what our Government has done
since that by solemn acts of its different Depart-
ments, TO fix and recognise the jurisdiction and
Government Of New Mexico
Afer the annexation Of Texas you very we'll
know that a consul and vice consul were appointed
and maintained by our Government at Santa Pe
until the breaking out OF the war and the invasion
of that country by General Kearny that the citi.
rens of the United States werereQuired to pay
duties and tribute to the Mexican Government !;
that that Government alone controlled the custom
bouses the revenue, and entire management of
the country, until The arrival of General Kearny
ct the very entrance of your capital, that the
President of the United States expressly said that
Santa Fe was the capital of New Mexico and
| New Mexico Mexican province, which Texas
had never conquered or reduced to possession, or
brought under her laws; and if the United
States forces were ordered to invade it and seize
scrupulously concealed from you; no proposition
was then made to divide or dismember the terri
tory bat every promise of protection and induce
ments TO reconciliation were offered you, and you
were promised that your whole territory should
be embraced within a liberal territorial govern
ment.
But a solemn act of Congress, which required,
of course the confirmation of other departments
of the Government, had fixed and decided your
locality and your nationality. After the annexa-
tion OF Texas, and when she constituted State
of the American Uuon, so far as the act Of our
Government was concerned an act was passed Sd
Of March, 1916, entitled "An act allowing draw
back on foreign merchandise exported in the
original packages to chihuahua and Santa Fe, in
Nexico and 70 the british Sorih American
provinces adjoining the United StAtesS And the
act required that, upon the arrival Of such goods
at Santa Fe or chihuahua, they should be sub
mtted to the inspection of the consul Of the Uni.
ted States. And could any act in more express
and positive terms declare you then to belong to
Mexico You were as positively fixed to be
Mexican, as that the British North American
provinces belonged to Great Britain. Could any
thing be more expressive and conclusive than this
fact that after annexiag all which properly was
included in and rightfully belonged to Texas, our
Government, by as solemn an act rs this, should
proceed Immediately to fix and declare you who
had been claimed by Texas, to be still Mexican
citizens and subjects, and that you did not right
fully belong to Texas but were, as they continued
afterwards to recognise you, constituent part
of the Mexican Republic7 And again, Mr.. Sec-
rotary Walker, who, as Senator Walker, had de-
clared, in discussing the treaty of annexation,
that the boundaries of nation depend upon
something more than its own claims y in his an
nual Treasury report to Congress afterwards, in
No 49, nf
last, allowing drawback on foreign imports ex-
ported from certain of our ports to Canada, and
also to Santa fe and chihuahua, in Mexico, has
gone to some extent into effect under regulations
prescribed by this Department, and is beginning
to produce the most happy results" This decla-
ration by him who had taken so prominent part
in the annexation of fexas now after its entire
contamination, speaking of Santa Fe, adds his
evidence to its being o Mexican town within the
Republic Of Mexico, and without any reference
insfnsussuaso s',U ~i.sssa which FuAsr bod co
up to it.
Thus spoke and acted the Treasury Depart
ment after the annexation Of Texas; let us ex-
anime what the Executive said Notwthstaud-
ing President Polk commanded his forces to in
wade and take possession of New Mexico as
province of the Mexican Republic, and after
wards declared that it had been occupied and
taken possession of as such, and that "Texas had
and brought under her laws, that part of New
Mexico lying on the east bank Of the Rio Grande;"
still be says that nothing which he had done
could "injuriously affect the right which the
President belieUeS to be justly asserted by Texas
to the whole territory on this side of the Rio
Grande mhenerer The Mericaa claim 10 IL shall hare
been extiagnshtd By ireatyn This is most strange
language in the face of the annexation resolu.
tions. If it was properly included within and
rghtfally belonged to Texas, it had already been
annexed, and there was no Mexican claim TO il
which il could be necessary 10 extinguish by
treaty. IL it was ours by annexation, and then
we had the penis possesSo, the actual occupancy by
our troops ours by rightful title and actual pos
session, what had Mexico left to her which she
could part with by treaty. But this declaration
is not perhaps more strange than that of the
President, when he says that Texas had asserted
right to that part of New Mexico east of the
Rio Grande, which il
believed to be well founded; but this right had
never been reduced to her actual possession and
occupancy As revolted province it could
only claim what it had conquered and occupied
still he admits it to be just claim, though want
ing in the essential requisites to found title
conquest and occupancy.
But let us again quote Mr.. Buchanan, as Sec,
rotary Of State under Mr.. Polk, whom we here
tofore quoted as saying in the Senate that the
claim Of Texas, north Of Ell Paso, was "one upon
which we should not insist In his instructions
to Mr.. Sidell after saying that there was no
serious doubt about her title TO FL Paso, and in
structing him to buy all Of New Mexico, for
which he might assume the payment Of all just
claims Of our citizens against Mexico and in adj
dition pay five millions of dollars, he continues--
"should the Mexican authorities prove unwilling
to extend our boundary beyond the Del Norie,
you are in that case instructed TO offer to assume
the payment. of all just claims Of citizens Of the
United States against Mexico, should she agree
that the line shall be established along the bound
airy defined by the act Of Congress Of Texas,
approved December 49, 1885, TO wit, beginning
at the mouth of the Rio Grande, thence up the
principal stream Of said river to it's source thence
due north to the forty-second degree Of north
lasitudop And in his same correspondence with
Mr. Siidell, he computes the claims Of American
citizens at more than FIVE millions Of dollars, thus
offering this sum for country which he admits
was not ours, we ought not to claim, and which
had not been embraced within the limits of an
Client Louisiana. And can any man Of sense say
that this distinguished diplomatst and statesman
would have gone thus far, IL we had already
title which ought to rely on, IL II was already
properly included within, and rightfully belonged
to, one Of the States of our Union
Now, let US examine the articles of annexation
and the conduct Of Texas herself When she
adopted her Constitution under which she was
admitted into the Union, she included in it pro-
vision that "all laws or parts Of laws now In
force in the Republic Of Texas, which are not re-
pugnant 10 the Constitution Of the United States
or the joint resolution for aunexing Texas TO the
United States, should he continued in force y and
! contend that the act Of the Republic Of Texas
defining her boundary, by which she confiicted
with Mexico, is repugnant to the very first of the
conditions contained In the annexation resolu-
tions, viz: "that said State to be formed subject
10 the adjustment by this Government Of all
questions of boundary that may arise with other
Governments The act which fixed the bound
airy absolutely and uDconditionally was certainly
inconsistent with and repugnant TO- that which