THE

AMERICAN REGISTER

AND MAGAZINE.

VOLUME V.

HISTORICAL REGISTER

OF 1850-CONCLUDED.

UNITED STATES.

CHAPTER I.

Narrative resumed-Public sentiment-Anticipated collision with Texas-Letter of Mr. Webster-President's Message-Governor Bell's Message-Passage of the Texan Boundary Bill in the Senate-Admission of California-Protest of Senators-Territory of New Mexico-Wilmot Proviso and non-intervention.

WE closed the history of the United States in our fourth volume with the proceedings in the Senate, by which the compromise bill on the last day of July was deprived of its prominent parts, and the portion organizing the territory of Utah alone remained. In a note appended to the sixth chapter, we noticed the change which had taken place in the national administration by the death of President Taylor-the accession of Mr. Fillmore, the Vice President, to the presidency-and the organization of a new cabinet, of which two prominent members were taken from the senate, Mr. Webster as Secretary of State, and Mr. Corwin as Secretary of the Treasury. We shall now pursue the history of the events and discussions which followed, and which at last resulted in the adoption successively of each of the compromise measures. In performing this task we have thought it

VOL. V.

1

due to the magnitude of the questions involved and to the deep solicitude manifested by the public to write with more than usual particularity what was said and done at the time by those to whom the government of the country was entrusted; believing that this record will hereafter be referred to as a most interesting and valuable portion of our national history.

Eight months of the session had already elapsed, devoted principally to the discussion of the territorial question, and as we have already stated, until the last day of July no decisive action of either legislative body had indicated the probable result. A formidable portion of the Southern representation in Congress expecting the application of the Wilmot proviso, or the admission of California as a free State-opposed any adjustment except on such terms as rendered compromise hopeless, if not impracticable. At the same time those representatives from the North who sympathized more or less with various anti-slavery parties, seemed determined to risk all consequences and impose the Wilmot proviso restriction at all hazards. There can be no doubt that the members composing both these extreme sections were amply sustained and encouraged by the avowed sentiments of portions of their respective constituencies. The public mind was agitated and alarmed. Threats of disunion and secession were freely proclaimed in various quarters. A collision between Texas and New Mexico was now apparently inevitable. While the administration was strenuously urged to interfere in behalf of New Mexico and against Texas, it was declared by many influential presses at the South, as well as by leading men, that such interference would unite the slave-holding States more unanimously in favor of Texas. Proffers of aid were tendered to Texas by several Southern States, and particularly by Governor Quitman of Mississippi.

It was, doubtless, the opinion of General Taylor, that the people of New Mexico had a right to form a constitution and apply for admission into the Union at such time and in such manner as they deemed proper. The South, however, looked upon the admission of New Mexico as premature, and considered her movement in favor of a state organization as prompted by political objects, and an indirect effort to exclude Southern institutions, while it relieved the administration and Congress from responsibility. Texas considered such an attempt as an infringement of her territorial rights, as complicating the means of adjusting her boundaries, and gave notice that it would be forcibly resisted.

What might have been the consequences of the threatened collision it is needless to conjecture. We may, however, remark

that the danger and evils of such conflicts between the general and state governments have been more than once encountered, and they have been found less disastrous than was anticipated. If the real object of Texas, in her hostile demonstrations, were to force Congress to a compromise, whatever may be thought of the merits of her policy, she may certainly be awarded the credit of having contributed effectually to such a consummation. It was perhaps fortunate, on the whole, that a necessity was created by the decided action of both Texas and the government of the United States for the immediate settlement of the territorial questions. Unless Congress had felt constrained, by definitive legislation, to adjust the Texan boundary, it may well be questioned whether it would have been possible to have admitted California, established the territories of Utah and New Mexico, or indeed to have passed the usual appropriation bills.

Upon the settlement of the Texan boundary, the determination of all other controversies in relation to sectional questions depended. We shall therefore dwell in detail upon the events preceding and connected with this arrangement.

On the 6th of August the President transmitted to the Senate a message with copies of a letter from Governor Bell of Texas, and of a letter in reply thereto from the Secretary of State. The letter of the Governor was as follows:

"EXECUTIVE DEPARTMENT, "Austin, (Texas,) June 14, 1850. "SIR: By authority of the Legislature of Texas, the executive of the State, in February last, despatched a special commissioner with full power and instructions to extend the civil jurisdiction of this State over the unorganized counties of El Paso, Worth, Presidio, and Santa Fe, situated upon its north-western limits. "That commissioner has reported to me, in an official form, that the military officers employed in the service of the United States, stationed at Santa Fe, interposed adversely with the inhabitants to the fulfillment of his object, by employing their influence in favor of the establishment of a separate State government east of the Rio Grande, and within the rightful limits of the State of Texas. I transmit to you, herewith, the proclamation of Colonel John Monroe, acting under the orders of the government of the United States, under the designation of civil and military governor of the Territory of New Mexico.

"I have very respectfully to request that your Excellency will cause me to be informed, at your earliest possible convenience, whether or not this officer has acted in this matter under the

orders of his government, and whether his proclamation meets with the approval of the President of the United States.

"With assurances of distinguished consideration, I have the honor to be your Excellency's most obedient servant,

"P. H. BELL.

To this letter by direction of the new Executive, the Secretary of State replied, that the orders of the Secretary of War, dated November 19, 1849, addressed to Lieutenant Colonel McCall, instructed him not to thwart any manifestations of the people of New Mexico in favor of forming a State constitution.* Such State constitution the Secretary considered as only equivalent to a petition to Congress for a State Government. Without the sanction of Congress, such action of New Mexico was a mere nullity. Whether approved or not by Congress, it could neither prejudice nor determine any question pertaining to the boundary line or territorial claims of Texas. Thus considered, the President approved the conduct of the Governor of New Mexico as in conformity with the instructions of the War Department. Mr. Webster says:

"I am directed also to state that, in the President's opinion, it would not be just to suppose that the late President desired to manifest any unfriendly attitude or aspect towards Texas or the claims of Texas. The boundary between Texas and New Mexico was known to be disputed; and it was equally well known that the executive government of the United States had no power to settle the dispute. It is believed that the executive power has not wished-it certainly does not now wish to interfere with that question, in any manner whatever, as a question of title."

The President in his message of the 6th of August, briefly sketches the relative positions of Texas, New Mexico, and the United States, with respect to the boundaries of the former. He alludes to the menacing posture of Texas-specifies the powers confided to the executive department of the governmentenumerates the ground upon which it would be necessary to preserve the status in quo at the date of the treaty of Guadalupe Hidalgo, and avows his determination to maintain the existing order of things in New Mexico. "But in the mean time, if disturbances or collisions arise or should be threatened, it is absolutely incumbent on the executive government, however painful the duty, to take care that the laws be faithfully maintained; and he can regard only the actual state of things as it See page 55, vol. 4.

existed at the date of the treaty, and is bound to protect all inhabitants who were then established, and who now remain north and east of the line of demarcation, in the full enjoyment of their liberty and property, according to the provisions of the 9th article of the treaty; in other words, all must be now regarded as New Mexico which was possessed and occupied as New Mexico by citizens of Mexico at the date of the treaty, until a definite line of boundary shall be established by competent authority."

He concludes by recommending to Congress "the importance of an immediate decision, or arrangement, or settlement of the question of boundary between Texas and the Territory of New Mexico. All considerations of justice, general expediency, and domestic tranquillity call for this. It seems to be in its character, and by position, the first, or one of the first, of the questions growing out of the acquisition of California and New Mexico, and now requiring decision.

"No government can be established for New Mexico, either state or territorial, until it shall be first ascertained what New Mexico is, and what are her limits and boundaries. These cannot be fixed or known till the line of division between her and Texas shall be ascertained and established; and numerous and weighty reasons conspire, in my judgment, to show that this divisional line should be established by Congress, with the assent of the government of Texas. If the claim of title on the part of Texas appears to Congress to be well founded in whole or in part, it is in the competency of Congress to offer her an indemnity for the surrender of that claim. In a case like this, surrounded as it is by many cogent considerations, all calling for amicable adjustment and immediate settlement, the government of the United States would be justified, in my opinion, in allowing an indemnity to Texas, not unreasonable or extravagant, but fair, liberal, and awarded in a just spirit of accommodation."

Within a week after the delivery of this message, the legislature of Texas convened in pursuance of the proclamation of Governor Bell calling an extra session. On the 13th of August in his message to the legislature he set forth the claims. of Texas upon the portion of New Mexico east of the Rio Grande. He expressed entire confidence in the justice of the Texan claim, and professed an ardent attachment to the Union, and the utmost repugnance to any unnecessary collision with the general government. He recited the incidents attending Major Neighbours' expedition to organize the counties of El Paso, Worth, and Santa Fe,-the alleged interference of government agents and the frustration of Major Neighbours' designs. He