179
WRITINGS OF SAl\I HOUSTON, 1850
the gentleman. In a letter addressed by the Adjutant-General, on the 20th March, 1850, to Brevet-Col. Monroe, the officer com- manding at Santa Fe, of course under the direction of the Secre- tary of War, I find the following language: "I am directed by the Secretary of War to state, in reply, that, regarding as he does your orders to Major Van Horne, of De- cember 28, 1849, as manifestly assuming to decide the question of territorial jurisdiction of Texas over the places enumerated therein, and professing to extend a 'code' of laws which had not been accepted by the people even whilst under military authority, it is deemed necessary distinctly to repeat, for your guidance on this occasion, what the department has often stated, that the Executive has no power to adjust and settle the question of terri- torial limits involved in this case. Other coordinate departments are alone competent to make the decision. The main duties of the army are: to give protection and security on the soil of the United States, and preserve internal peace. Whatever else is done must arise from the urgent pressure of a necessity which can not be postponed, and to avoid the exercise of any civil authority which is not justified by that necessity. In sending to these people the 'Kearny code,' 2 or other codes, it is proper to remark, that the only regulations which are applicable to their condition are those laws which were in force at the period of the conquest of New Mexico, or Texas may establish. The only exception is, that they be not in opposition to the Constitution and laws of the United States." Thus, on the 20th of March was clearly acknowledged the right of Texas to establish her laws and jurisdiction over that part of the country which is now claimed as New Mexico. Sir, this is authority which I hope will be conclusive, yet I shall endeavor to satisfy the gentleman's inquiries, and convince him that not only the present, but the former Administration, without qualification, regarded Texas as having the undoubted ownership of all the territory which she had claimed east of the Rio Grande by her ordinance of 1836. Sir, she never claimed less; she never asked more-she will be satisfied with that, and she will be satisfied with nothing eise. And how will Senators for one moment vindicate the honor of the United States, and attempt to curtail Texas of one foot of her territory on the east of the Rio Grande? No gentleman who has a due regard for the 11ational character of this country can, upon retrospection of its
Powered by FlippingBook