Texas State Gazette. (Austin, Tex.), Vol. 2, No. 10, Ed. 1, Saturday, October 26, 1850 Page: 4 of 8
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Ttas state gazette.
OCTOBER 26
9ftmktfiit Tknas J. Risk In Kcply te Mr. fecMteft; aad
! Relation t the BHidjiries f the State ef Texas.
The Senate having under consideration tho bill for the admis-
sion al Califbrnia into' tlie tlnion tho establishment of Torrito
rial Governments for Utah and New Mexico and making pro-
KlSitpTflXRS.font!i8 settlement of hdr northemnud. western
pudaries. ; Mid the ending question beih on Mr. Benton's
amendment relittinfc to iho boundaries of Tews and New Mex-
iqp Mr. RusMaJd :
ttft. President Iucsird very briefly ta answer a few of tho ob-
servations tnada 'by the Senator fr&m Missouri (Mr. Benton) on
this' ahlupdhierttnot upori tlio gcnerol subject of the bill v but
with reference to that part of it wliich provides for a pro uisftioii
to be moda to the- State of Texas. I havo investigated this sub-
ject of title frequently during the last two or three years locause
iHms been a mutter of great importance to the Stato which I in
part rep'resenr. And with tho fullest examination which I have
wen nblq to givo it I haVecome tq the conclusion that the title
is clearly and conclusively in the Stale of Texas and that tliti
United States; havo no title which they can set up as against that
State. Had 1 entertained any doubt on the subject that doubt
wquld havo been removed by tho production of the " close and
conclusive" evidence which the honorable Senator from Missouri
drew " from the bivelR of tho case" on yesterday. When a gen-
tleman of his known ability is driven in support of the claim of
tho UhjtPd States to this territory to such testimony as has been
produced and designates it as "close" and "conclusive' it seems
to mo tliot tho claipi of the U. States must be entirely hopeless.
In the first places as evidence tdshow that tho territory on this
side of the Rio Grande down to the mouth of the Rio Puerco be-
longs to tho United Siates tho Senator takes the bill reported by
the Committee of Thirteen. Now what authority is there in this
evidence ? What does it amount to ? It is the report of a com-
mittee. It has not been acledjipon by tho Senate. There is no
authority in It one way or the oilier for or against Texas. It
has not oVei received tho sanction of the Senate. It is not a
law and if tho honorable Senator can prevent it I imagine it
never Will become a law. The Senator takes this as " conclu-
sive" evidence to show that the bill proposes to convey to the
S(ato Of Texas apart of the territory belonging to the United
States But I mjgjft show that he himself did not rely on this
forafler showing and proving by tho bill as ho said hexlid thai
this was " cuttiiig off New Mexico below the hips"' at the close
of hid remarks he tilsed the bill for a purpose directly opposite
"and says that if the bill passes it proves tho title of Texas to the
territory on this side of the Rio Grande and raises " the1 slavery
question' Now this is singular "evidence' that can operate
""conclusively" in favor of both sides. This latfd belongs either
to Texas or tho United Slates it cannot belong to both.
Tho next pjeco pf evidence which the honorable Senator pro
duces is equally unfortunate and even more so than the other tor
fhis case. This piecn of evidence is what ho terms "an authen-
tic map of tho State of Texas" certified to by Thomas J. Rusk
"Sa'in Hdtiston tho representatives and Governor of the Slate &c.
Hero is the map (holding it up) which can be seen by any gen-
tleman and I'ds1re that it may bo examined. For what is this
'mari introduced ? As "conclusive evidence drawn from the
bowels of the case" to prove that the United States owns the land
oii the east bank'of the Rio Grande down to the mouth of tho
puerco river.
' . Now if iriy colleague or I could make evidence for or against
Texas by any signatures that we might annex there might be
somo plausibility in tho production of the map if it proved any
title. But suppose wo were to certify a thousand times it would
make no evidence confer no title give no claim to Texas nor to
the United States for wo do not own tho land. It belongs to our
State. We have set lip no individual claim to it ; and therefore
whatever we might certify would amount to nothing as evidence.
But I am willing to take this map I will certify to it again.
Allow me sir to read tho law of the Legislature of tho Slate of
Texas tho passage of which immediately preceded the making
of this map:
An Act to create aud organize the County of Santa Fc.
SECTION -l Beit enacted by the Legislature of the State of
Texas That all that torritory muludcd in the following bound-
aries to wit: Beginning at the junction of the Rio Puerco with
the Rio Grande and running up the principal stream of the said
Rio GrandeUo its source and thence due north to the forty-second
degree of north latitude ; thonco along the boundary line as de-
fined in tho treaty between tho United States and Spain to the
point where the hundredth degree of longitude yest of Green-
wich intersects Rod River ; -thence up the principal stream of
Said Red River to it& source; thence in a direct lino to the source
of -the principal stream of iho Rio Puerco and down the said Rio
Puerco to tho place of beginning is hereby created into a new
county to bo called the county of Santa Fe.
Sec. 2. Be it further enacted That tho town of Santa Fe
shallibehe county seat of the county of Sauta Fe.
Sei?. 3. Be it further enacted That the eiiizons of the conn-
ty ofiSantoFe are hereby entitled to the same officers and courts
to which the other counties of this Stato are entitled ; provided
that nothing in this act sholl bo so construed as to give said coun-
ty of SanlaFo a separate land district or to authorize the county
court of said county to issue land certificates.
v Sec 4. Be it further enacted That the District Judgo of the
oleverith Judicial District ot the State of Texas shall designate
tho places at which elections shall bo held for county officers on
the first Monday in August next or at such other time as he may
think proper and shall give thirty day's notice of tho same and
appoint tho presiding otliceVs to hold tho elections and make re-
turns to him and ho shall examine tho returns and declare those
Toceiviug tho highest number of voles for the respective offices
duly electedj and make return thereof to the Secretary of Slate.
Sec. 6. Be it further enacted That this act take effect from
its passage.
Approved March 151848.
Thjs is.theact of the Legislature of Texas passed apd approv-
ed March f 6 1848 This irjop was made out immediately af-
terwards arid tho map adopts precisely the boundaries marked
out fpr the courtly of Santo Fe showing tho western boundary of
Texas to bo tho Rio Grajido and its northern boundary tho 42d
degreo of north latitude. It was certified to otnhe l2ih day of
August 1848 Nowi if this map bo evidence it proves that every
foojipf land up to tho Rio Grapdo belongs to Texas. And there
json And of4ho cumj at oncjB
' But sir I have a prpppsUiojto.jryilfOjtp theSenotor.frorn Mis-
souri as he seems to-rely onihi&mBpto-prove-hi8 position. The
fpexas questfortiis one'&f tha pwVip.uljifficulties mthejeontro-
versy which at present creates so much sectional agitation. It
is 1 regret to say in its present position one of the most irritat-
ing and the first in which any unpleasant aciion is likely to tnko
place. Now I propose to the honorable Senator that if .ie will
introduce a bill or resolution and cause it to be passed into a law
qnd sanctioned by the President declaring that the boundaries
of Texas shall boas laid down on tho map of Do Cordova certi-
fied by Thomas J. Rusk and Sam Houston this controversy will
bo ended forever and not a dollar will be needed out of the pub-
lic treasury. Texas will be satisfied amply satisfied With it if
tho Uuijed States and the Senator will be so; and there will be
an end of this entire controversy nobody grumbling except per-
haps a few that want some capital for agitation. Texas will ac-
cept it for it will give her her rightful boundary tho Rio Grande
from iis mouth to its source.
I have ifow I think successfully disposed of all tho "conclu
sive" testimony which the honorable Senator has brought for-
ward in support of the claim of the United States. But some
other observations fell from the honorable Senator in relation to
(his matter to wliich I feel it my duty to reply briefly. One of
these observations was that tho possession of this country was in
the United Slates adverso to Texas and thut it was their duty if
it was necessary by force to maintain that possession against
Texas. I regretted exceedingly some months since to hear this
declaration fall from tho distinguished Senator from Missouri.
I regreitpd it more when in a communication from the late la-
mented Executive the same ground was again taken; because
to mynpprehension this view of the subject brings about a col-
lision in Which one party or the other will have to recede.
Now I deny that possession of the territory was held adversely
to Texas previously to the beginning of this session of Congress.
Never until the commencement of this session of Congiess was
the possession of Santa Fe held adversely to the State of Texas
-and I will not stop at the bare assertion but will prove the fact.
1 could refer to many official documents on the subject bnt'I shall
content myself with adverting to but a few. 1 shall have occa-
sion hereafter to prove that the President of the United States
when he ordered possession to be taken of Sanla Fe did so under
the title of Texas lie set up nn other and asserted al the time
that he recognized the title of Texas as valid
Some weight has been attached to a proclamation of Gpneral
Kearny promising the people of Santa Fe when he took posses-
sion of their town certain political rights. It has been read once
or twice very triumphantly once by tire Senator from Massa-
chusetts (Mr. Davis) and again by the Senator from New Jersey
(Mr. Dayton.; I will not read that proclamation but here is
what was said not only to the people of Santa vo but repeated
to Congress in an Executive communication to this body. It is
from a Teller of the Secretary of War (Mr. Marcy) of the 11th of
January 1S47 :
"It is proper to remark that tho provisions of the laws which
have been established for the government of the Territory of
New Mexico go in some few respects beyond the line designa
ted by the President and propose to confer upon the people of the
Territory political rights under the Constitution of tho United
States. Such rights can only be acquired by the aciion of Con-
gress. So far as the code of laws established in New Mexico by
your authority attempts to confer sueh rights it is not approved
by the President and he directs me to instruct vou not to carry
such parls into effect."
The President himself is more full on that subject than even
the instructions of ihe Secretary of War and soys that "no de-
partment of this Government can confer political rights exeppt
the Congress of ihe United Stales."
There was sir another order given the commander at Santa
Fe I read from a letter of the Secretary of War (Mr. Marcy)
Octpber 12' 1848:
"In regard to that part of what the Mexicans called New Mex-
ico lying east of the Rio Grande the civil authority which Tex-
as has established or may establish there is to be respected and in
no manner whatever interfered with by the military force in that
department otherwise than to lend aid on proper occasions in
sustaining it."
I Uese then wore the instructions given October 12 1848 un-
der which the commanding officer at Santa Fe was acting at the
time the late lamented President took his seat. They were to
some extent continued by an order of the Secretary of War (Mr.
Crawford) of March 26 1849 :
"It is presumed that the instructions from this Department of
Uclooer I'd 1843 forwarded by Iho hands ot Midshipman Beall
of the navy have been received by you some lime since: never-
theless 1 herewith furnish copies of tho same.
" With respnct to thai portion of ihe instructions which is in the
following words : ' In regard to that part of what the Mexicans
called Now Mexico lying cast of the Rio Grande the civil an
thority which Texas has established or may establish ihere is to
bo respected ond in no manner interfered with by the mililary
force in that deportment otherwise than to lend oid on proper oc-
casions in sustaining it' 1 hove to remark that il is not expected
Texas will undertake to extend her civil government over the re-
mote region designated ; but should she do so you will confine
your action under ihe clause above cited to orronging your com-
mand in such manner as not to como into conflict with the au-
thorises so constituted. On tho claim of Texas to any or the
whole of Now Mexico east of tho Rio Grandp it is not necessary
to give an opinion as Congress and that State alone have the
power of adjusting it."
This only repeals so much of tho former instructions as requir-
ed the commanding officer to aid the authorities of TEXAS in
extending her jurisdiction. Thus things remained until tho 19th
day of November 1849 less than a month before iho meeting of
Congress. I rend now from a letter of the Secretary of War Mr.
Crawford :
" War Department Washington Nov. 19 1849.
" Sir : As you are about to join your regiment now on duty
in New Mexicoi it has occurred tmo as proper to make some
observations on the peculiar condition of that and another Teiri-
tory of tho United States.
" Since their annexation these Territories in respect (o their
civil governments have in n. great measure depended on the offi-
cers of the army there in command ; a duly it is considered full-
ing beyond their anpropriato spheres of aciion ond to be reliev-
cd from which cannot be more desired by them than by this De.
portment This condition has arisen from tho omission of Con-
gross to provide suitable governments ond in regard to tho future
thero.is reason to liUieve that the difficulties of the past oro still
to be. encountered. In evqry possible aspectsit is important both
tniNevrMexicnnnd tho United States that (hese embarassmpnis
shquldibo quickjy removed. '
" It is not doubted that the people of New Alexico desire and
want a government organized with all proper functions for tho
proteclioh aud security of their persons and property.
" The question readily occurs How can that government be
supplied ? I have already adverted to past and still existing diffi-
clilnes that havo retatded and may continue to retard tho action
Of tho United States in respect to this necessary and first want.
To remove it may in some degreo be the part of the duty of offi-
cers of tho army on whom under the necessities of ihe case has
been devolved u pariial paiticipaiion in their civil affairs. It is
therefore deemed proper that I should say that it is not believed
that the people of New Mexico arc required to await the move-
ments of the Federal Government in relotion to a plan of govern-
ment proper for the regulation of their own internal concerns.
" The constitution of the United States and Iho late treaty
with Mexico guaranty their admission into tho Union of our
States subject only to the judgment of Congress. Should tho
people of New Mexico wish to take any steps towards ibis object
so important ond necessary to themselves it will be your duty
and Ihe duty of others with whom you are associated not to
thwart but advance their wishes. It is their right to appear be-
fore Congress ond ask for admission into the Union.
" Other and complicated questions may arise which are consi-
dered as merged in this essentiol right of these people and for the
decision of which we must look beyond the authority of the Ex-
ecutive. " It will bo instructive and probably necessary information
when the people of New Mexico form a constitution and seek ad-
mission into Ihe Confederacy of the Statps to have your observ-
ations and views on their probable numbers habits customs and
pursuits of life.
"I have the honor to be very rcspectfullv your ob't servant
" GEO. W. CRAWFORD
" Secretary of War.
" Brevet Lieut. -Col. Ghorgk A. M'Call
" Philadelphia Pennsylvania."
In military phrase the words used are equivalent to a com-
mand io advance the wishes of the people of New Mexico who
are told in ibis communication lor the first lime that they are
emided to certain political rights as a community and to admis-
sion into the Union as a State. This order was issued on the
19ih of November last less than a month before the meeting of
Congress.
This entirely changes the whole aspect of the queslion. Tex-
as prior to that time wiih the knowledge and approval of the
Government of ihe United Slates had been making the necessa-
ry arrangements for the purpose of extending her civil jurisdic-
tion in that quarter. Tho officers of the United States were in
the first instance ordered not to interfere in but aid any efforts
Texas might make for the accomplishment of her purpose. Some
lime afterwards they were directed not to interfere at all. And
on the 19th of November last ihey were directly told to interfere.
Texas some two or three years ago passed a law for the purpose
of organizing that territory. She sent a judge out there for that
purpose who went out and came back and reported that he failed
iiefleciing an organization of ihe torritory not on account of
the citizens there but on account of ihe interference of ihe ojfi
cersof the army aud temporary officers appointed by Gen. Kear-
ny and certain individuals who hod no identity with the country
Texas has not been hasty in this matier. She would then
have been perfectly justifiable had she sent an armed force there.
She would have come in conflict with no low. and Subjected her-
self to no imputation of seeking to raise any difficulty if she had
sent a sufficient force to require obedience from these people on
her territory. She did not do so. Sho appointed a commission-
er. When he arrives at El Paso ho finds the order of March
1849 in force. The United Slates officer tells him that he shall
not interfere : and ihe moment he says so the people of thatscc-
lion of the territory organize into a connty and elect their officers.
When he arrives at Santa Fe according to his report and in fact
the report of the United States officer himself it wos owing to the
interference of that officer that he was prevented from organizjho-
the county of Santa Fe. A gentlpman there invested with a iif-
tle brief authority denounced Texas and threatened to imprison
her commissioner who had gone there by himself peaceably and.
quieily o distance of five hundred miles translated this order in-
to Spanish and circulated it among the people and a thousand
siories were circulated lo alarm and discontent the people. Here'
within a few days the commissioner of Texas and ihe people ot
Texas know for the first time that ihe Government of lhr lntiA
States assumes to hold possession of this territory under an ad
verse claim and means to maintain that possession by the sword.
Now what is Texas to do under such circumstances? The hon-
orable Senator says "submit lo the law." Aud he gives us an
instance of the advice he g;:ve as a sort of example for me to fol-
low to advise "submission to the low' Well I will advise
"submission to the law" but it must be to " the law." The Pres-
ident in his annual communication savs that he cannot dutcr-
n lit...
m uw nit; nui-Mion i ngiu opiween Texas and the United States.
There is no law of the United Slates authorizing the establish-
ment of a Territorial Government there : no Inm nf rhm nunt
States authorizing Ihe establishment of a Stale Government
there ; no action of Congress whatever. Where is " the law ?"
I here is none unless ihe order of the Secretary of War of tho
19th of November 1849 be designated as such. Does the lion-
orable Sanator from Missouri ask me to submit to a law of that
description 1 Has the Secretary of War a right to make -'the
law? Has he the right after making it to enforce it by tho
power of the swordof the United States? If lhat be "law" it
is.such law as the peopleof Texas will not submit to without a
struggle which will only end with their power to continue it.
I regrot these circumstances as much as any man in the Sen-
ale for I do not know what sacrifice I would not mtike to seo
quiotand harmony restored -to Iho country. I scarcely know
what sacufice I would not make to avoid the necessity that Texas
should be compelled to be the first to move in a manner which
may end God only knows where. But sir we have no choice
left but to submit to the order which maybe changed to-morrow:
or by the best means in our power to assort our right. This we
must do; Wo mav be compelled to submit to tho force of tho
United btates. This is n controversy between the United States
and Texas. I throw New Mexico out of the way. We have no
controversy with New Mexico. There js no such organized com .
munity. Our controversy is with this Government goaded on
by fanatics fatally bent upon mischief.
Sir 1 hope Texas will proceed with caution. I hope sho will
wait a reasonable time for justice to be done to her but when the
choice is between submission to ihe militory power of the United
States in regard to this possession and the enforcement of her
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Texas State Gazette. (Austin, Tex.), Vol. 2, No. 10, Ed. 1, Saturday, October 26, 1850, newspaper, October 26, 1850; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80952/m1/4/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.