THE
SOUTHWESTERN HISTORICAL
QUARTERLY
XXIV
Vol. XXIV
JULY, 1920
No. 1
The publication committee and the editors disclaim responsibility for views expressed by
contributors to The Quarterly
THE QUESTION OF TEXAN JURISDICTION IN NEW
MEXICO UNDER THE UNITED STATES, 1848-1850
Practically every student of American history has heard of the
boundary controversy between Texas and New Mexico because of
its connection with the famous Compromise of 1850. Most of
the general histories of the United States mention the question
and its final adjustment,
and it has even been intimated that had
not President Taylor died at the time he did a civil war would
have been precipitated in 1850 as a result of this issue alone. These
accounts, however, emphasize only the national phase of the sub-
ject, while the local activities of the parties interested in the con-
troversy have been left in the background. This is unfortunate,
inasmuch as these local activities played a part in shaping the
national phase of the question.
During her short life as an independent republic, Texas claimed
the Rio Grande from mouth to source as her western boundary,
and even seriously considered the possibility of extending her
jurisdiction to include the valuable bay of San Francisco. But the
boundary actually claimed meant a direct encroachment upon the
territory of the neighboring Mexican states. Since the northern
part of the territory thus claimed had long been under the juris-
diction of New Mexico, and even included the capital of that prov-
ince, the people of the region naturally resented any attempted
encroachments. As a result, the first Texan efforts at occupation
ended in failure. But the sting of failure was soon alleviated
through the annexation of Texas to the United States, and while
that government was planning to adjust the claims it had thus
inherited, the question changed from the status of a revolutionary
movement under the Mexican government to an international .sit-
uation. The climax of this transitory stage was reached in the
Mexican War, as a result of which New Mexico also became a part
of the United States. Thus the question was once more an in-
ternal problem, but under a different government, and here it took
the form of a three cornered quarrel between Texas, New Mexico,
and the central government, in which Texas assumed the aggressive.
The
Problems
Involved
Under
the
United
States.
--The first
problem which presented itself was that of ascertaining the atti-
tude of the united States government, and in this both Texas and
New Mexico were naturally interested. Before the American occu-
pation of New Mexico in 1846, the boundary question had not
seriously troubled the people of that department. The Santa Fé
expedition had, of course, brought an awakening to the possibilities
of an encroachment from the east, and its outcome left them op-
posed to a division of their province by Texas. But they had con-
sidered the issue to be between Texas and Mexico rather than be-
tween themselves and Texas, and therefore had looked to the su-
preme government of Mexico to keep their domain intact. Conse-
quently, for them the treaty of Guadalupe Hidalgo meant that the
Mexican government was no longer responsible for their territory,
and in spite of the declaration of General Kearny that he would
hold the department with its original boundaries, they feared that
the attitude of the new government under which they found them-
selves was favorable to Texas. These apprehensions were increased
as a result of statements made by President Polk, and they began
to feel that unless they took active steps to assert their rights, they
were facing territorial disintegration.
For the Texans also, the trend of events in connection with the
military occupation of New Mexico and the maintenance of the
military government had brought uneasiness. Even before the
establishment of peace, President Polk had been compelled to face
a question from Texas concerning the jurisdiction of the military
government in New Mexico. Information concerning the nature
of Kearny's occupation had reached the state officials of Texas
through the newspapers, and after looking in vain for a contra-
diction of the statement that the general government claimed the
right of jurisdiction over the region as a conquered country, the
authorities began to feel apprehensive over their claims. Accord-
ingly, Governor J. Pinckney Henderson wrote to Secretary
Buchanan, asking to be informed concerning the accuracy of the
newspaper accounts, especially in regard to any claims of the gen-
eral government to any portion of the territory lying within the
limits of Texas as named in her boundary act of December 19, 1836.
He solemnly protested against any action on the part of the United
States which might interfere with the rights of Texas, but con-
cluded by saying:
Inasmuch as it is not convenient for the State at this time to
exercise jurisdiction over Santa Fe, I presume no objection will
be made on the part of the government of the State of Texas to
the establishment of a territorial government over that country by
the United States, provided it is done with the express
admission
on their part that the State of Texas is entitled to the soil and
jurisdiction over the same, and may exercise her right whenever
she regards it expedient.
This letter reached Washington early in February, and in the
meantime information was also arriving concerning the attitude
in Texas which had impelled the sending of the protest. Through
their press the Texans denounced the establishment of a separate
territorial government over Santa Fé and the surrounding country
as a violation of the "compact of annexation," and they professed
inability to understand how Polk could reconcile his military move-
ments with his assumption of the Rio Grande as the boundary.
They argued that "Santa Fe is equally a part of our annexed ter-
ritory [on this assumption] as that opposite Matamoros," and yet
General Taylor was sent to occupy and defend the latter as United
States soil, while General Kearny was sent to conquer and estab-
lish a government over the former. A spirit of this nature had
to be placated, and in reply to Governor Henderson's letter Polk
assured him that the military government in New Mexico was only
such as must necessarily exist under the laws of nations and of war
to preserve order and protect the rights of the inhabitants, and
that it would automatically cease upon the conclusion of a treaty
of peace with Mexico.
But he was now forced to take a stand upon the boundary claims,
and he appeased the Texans by stating that nothing could be more
certain than that the temporary government would never injuri-
ously affect the right which he believed to be justly asserted by
Texas to the whole territory east of the Rio Grande, whenever the
Mexican claim to it should be extinguished by treaty. He now
absolved himself from any further responsibility on the question
by adding that the solution of the problem belonged more properly
to the legislative than to the executive branch of the government.
This assurance had the desired effect in Texas, with the result
that so far as the local boundary question was concerned, all moves
toward securing a settlement were suspended until it could be de-
termined what effect the war would have upon the international
line of demarcation.
Polk later explained to Congress that under the circumstances
a postponement of the settlement was the most plausible solution.
It would obviously be impracticable, if not impossible, to deter-
mine a boundary line between two nations while they were at war
with each other. Therefore, in spite of the fact that New Mexico
was under the control of the United States army, since it had
never actually been occupied by Texas, and was still claimed by
Mexico, it was not yet an undisputed portion of the United States;
and even were the Texas claim admitted, no part of the disputed
territory could be delivered to it until the international question
of ownership was settled. This point of view, as well as the
promise in the President's statement to Governor Henderson that
the military government legally ceased to exist as soon as peace
should be established, led to the expectation in Texas that the ter-
ritory east of the Rio Grande would immediately be turned over
to the jurisdiction of the Texas government. But the practical
conditions required the maintenance of some definite form of gov-
ernment over the newly acquired territory, until a legalized civil
government could be set up: and lor this reason the existing mili-
tary control was allowed to continue, with no provisions for a
change in the extent of its territorial jurisdiction.
In the establishment of a civil government for the acquisition,
the problems which had to be met were numerous. In the first
place, it was not expedient to attempt to establish a civil govern-
ment in territory which was claimed by one of the states, while
that claim was still unsettled. Moreover, while the territory east
of the Rio Grande was conceded in executive circles to rightfully
belong to Texas, the fact remained that no constituted authorities
from the government of that state were on the ground to establish
and maintain her jurisdiction. And since the Mexican population
of the region was openly hostile, there was no alternative left for
the United States army but to maintain control until either Texas
or the central government acted, or else to withdraw, and thereby
leave New Mexico in a state of .anarchy and without control.
From the standpoint of the central government, the power to or-
ganize the civil government of the territories of the United States
rested solely in Congress. In addition, the President had placed
upon the legislative branch of the government the responsibility
for settling the question between the United States and the state
of Texas. Congress, therefore, had become the potent force
which was to determine the nature of the development of the vast
southwestern area which had just been acquired, and at this par-
ticular period in the history of the United States, no question
which came before Congress was able to remain free from an en-
tanglement with the all-pervading issue of slavery extension.
This one was to be no exception, for almost as soon as it became
evident that the Mexican War would bring the accession of new
territory, the slavery question was introduced by means of the
Wilmot Proviso, attempting to prohibit the extension of slavery
to any territory which might be acquired with the funds then being
granted to the President. The Proviso failed to pass, but it had
the effect of bringing the Southern congressmen to openly demand
definite legislation establishing the right to carry slaves into any
territory which was to be added or organized. The continual
recurrence of the sentiment of the Proviso, not only during the war,
but also after peace was established, brought a fear that it might
ultimately succeed, and consequently limit all possibility of fur-
ther extension westward by the slavery interests. This led to tac-
tics for delay on the part of the slaveholders, and as a result it
was impossible to agree upon the organization of the civil govern-
ment for New Mexico and California. The military government
established by General Keamy continued, therefore, to hold control.
The
Texan
Movement
to
Establish
Jurisdiction
in
1848.
--As
long as this state of affairs existed, the New Mexicans were appar-
ently upheld in their boundary desires, and there was no incentive
for immediate action on their part. But since Texas had expected
to receive jurisdiction over the territory east of the Rio Grande,
she was not inclined to acquiesce in the arrangement. Under the
circumstances, therefore, it seemed necessary that she should take,
the first step toward securing a settlement of the boundary ques-
tion. No immediate action had followed the activities of Governor
Henderson in January, 1847, because of the conciliatory attitude
of the administration at Washington. But during its next session
the legislature of Texas began to act concerning western juris-
diction.
Early in the session, and even before the status of the territory
between the Nueces and the Rio Grande was settled by the treaty
of Guadalupe Hidalgo, the new counties of Nueces, Webb, Starr,
and Cameron, all of them within this region, were created. The
actual work of organizing these counties had already been begun
under the supervision of Mirabeau B. Lamar, a former president
of the republic, who was now a captain of Texan troops stationed
in the region, and considerable opposition had been encountered.
The terms of the treaty confirmed the legality of this, action, but
the legislation soon advanced another step. In a special message
to the legislature, on March 3, 1848, Governor George T. Wood,
who had succeeded Henderson, called attention to rumors of efforts
to establish a state government in New Mexico, and asserted that
had the United States government assigned Texan troops to that
region, such a move would never have occurred. He warned the
legislators that silent acquiescence might be construed into a sub-
mission to unauthorized encroachments, and, therefore, he recom-
mended that the legislature take some action so that the Texan
representatives in Congress might feel authorized to protest against
an infringement of Texan rights or a usurpation of any portion
of her territory. In addition, he suggested that suitable action
be taken for the immediate enforcement of the civil and political
jurisdiction of the state over the Santa Fé region.
As a result, on March 15, the county of Santa Fé was created,
with boundaries
beginning at the junction of Rio Puerco, with the Rio Grande,
and running up the principal stream of the Rio Grande to its
source; thence due north to the forty-second degree of north lati-
tude; thence along the boundary line as defined in the treaty be-
tween the United States and Spain to the point where the one
hundredth degree of longitude west from Greenwich, intersects Red
river; thence up the principal stream of Red river to its source;
thence in a direct line to the source of the principal stream of
the Rio Puerco, and down said Rio Puerco to the place of be-
ginning.
This included practically the entire region of New Mexico to which
Texas had laid claim by the boundary act of 1836, and was the
first actual legislation since that act that directly affected the ter-
ritory. Two weeks previously, an act had been passed providing
for the control of the militia of the Santa Fé district, and other
acts were speedily passed, allowing it one representative in the
Texas house of representives, and establishing the eleventh judicial
district of the state, to be composed of the new county. It was
provided that court should be held twice a year at Santa Fé, and
Spruce M. Baird was sent there to serve as judge for the newly
created district, with additional instructions that part of his duty
was to be the organization of the new county, and the formal
establishment there of the Texan jurisdiction.
In addition to this legislation a resolution was adopted on March
20, which stated that since the people of Santa Fé, which was an
integral part of Texas, were believed to have attempted to estab-
lish a separate government in direct violation of the rights of
Texas, the government of the United States was to be requested to
issue orders to the military officers at Santa Fe to aid the officers
of Texas in organizing the region, and in enforcing the laws of
Texas in case resistance should be offered. Governor Wood at
once asked that this be done, "to the end that the State of Texas
may in no wise be embarrassed in the exercise of her rightful
jurisdiction over that territory." After waiting for what he con-
sidered a reasonable time for a reply, Wood wrote again in October,
expressing the surprise of the people of Texas at the efforts of
the United States government to deprive them of territory which
had previously been conceded to them. He claimed that the sole
reason for leaving the question of boundaries open at the time of
annexation was that the United States "might not have to ap-
proach the settlement of her actual or prospective difficulties with
Mexico, clothed with only a qualified and imperfect power of ad-
justment." In his opinion, the United States government was
simply an agent and trustee for Texas, and as such she could
not acquire a right to any territory within limits even claimed by
Texas. He pointed out that for Texas the question was one of
honor, since she was forced to look to her public domain as her
only source of revenue for the payment of the debt she had con-
tracted in the course of her revolution, and for this reason no
measure to obtain any portion of her territory south of forty-two
degrees or east of the Rio Grande, without ample compensation,
would be considered.
When it was learned in Santa Fé that Texas had begun a new
movement to extend her jurisdiction over the territory, steps were
taken by the authorities to arouse opposition among the people.
The principal newspaper of the region, the Santa Fé Republican,
was controlled by the officers of the military government, and
through its columns an effort was made to secure an exciting re-
ception for Judge Baird. It says:
We would now inform our Texas friends that it is not necessary
to send us a judge, nor a district attorney, to settle our affairs
.
.
. for there is not a citizen, either American or Mexican,
that will ever acknowledge themselves as citizens of Texas, until
it comes from higher authorities. New Mexico does not belong,
nor has Texas even a right to claim her as a part of Texas. We
would so advise Texas to send with her civil officers for this coun-
try, a large force, in order that they may have a sufficient body-
guard to escort them back safe. . . . Texas should show some
little sense, and drop this question, and not have it publicly an-
nounced that Texas' smartest men were tarred and feathered by
attempting to fill the offices assigned them.
Baird started from Texas, on May 24, 1848, going by way of
St. Louis, and arrived in Santa Fé on November 10. After
investigating the situation, he wrote to Colonel John M. Wash-
ington, the commanding officer at Santa Fé, and ex-officio civil
and military governor of New Mexico, expressing his surprise at
finding the military authorities still in control there. He inquired
if the government established by General Kearny had not come
to an end with the ratification of the treaty with Mexico, thereby
giving Texas the right to assume civil jurisdiction over the re-
gion. At the same time he presented his commission from Gov-
ernor Wood, together with the laws upon which his authority was
based, and added that for the future "the State of Texas must
regard all judicial proceedings, and the exercise of all civil func-
tions inconsistent with her laws and constitution, null and void."
Washington at once replied that the government established by
General Kearny had been declared by the President to continue
to exist after the ratification of the peace terms, and added that
it was his intention to maintain its existence "at every peril" until
ordered by either the executive or the legislative power of the
United States to desist.
On the following day he returned the documents which had
been submitted by Baird, with an accompanying statement that
when they appeared at the proper time before the proper tribunal
they would undoubtedly receive consideration in the way of estab-
lishing the Texan claims. Then in reply to a suggestion from
Baird that he would publish a- proclamation announcing the pur-
pose of his mission, Washington stated that the press of Santa Fé
"belongs to the General Government and must of course be under
its control." Baird now felt that further progress was blocked,
and reported to the officials in Texas that he could do nothing
until the question of jurisdiction could be settled in Congress,
unless he received further instructions from the governor, or Wash-
ington received new orders from the President. Consequently
he turned his attention to the natural resources of the region, and
in company with seven other Texans and Americans, applied to
the governor of Texas for authority to operate certain valuable
saline deposits lying in the territory between the Rio Grande and
the Pecos, below Santa Fé. To Governor Wood he explained
that this was for the purpose of recovering the financial loss he
had suffered in going to Santa Fé. At the same time he submitted
a report upon the conditions in the region, together with a sug-
gestion for opening a direct route from San Antonio to Santa Fé
in order to facilitate communications between the two portions of
the state.
He then began to make plans to leave Santa Fé early in the
spring of 1849, but in March the preparation by some of the
army officers stationed in New Mexico, of newspaper articles which
he considered to be derogatory to the claims of Texas, led him to
reopen a correspondence with Colonel Washington. He warned
Washington that if these were published, he would hesitate no
longer to assert the Texan claims, and would inform the people
of New Mexico as to the correct situation. His subsequent re-
ports indicate that the information which he planned to divulge
to the people was the fact that they were being received concern-
ing the real aims of the Texans, simply because the men who had
"grown into officials in the breath of a moment" as a result of the
establishment of the Kearny government were reluctant to give
up the influence of the patronage which they now possessed. In
order to prevent this. Washington attempted to persuade Baird
that the articles in question could not be considered as having
any effect upon the Texan claims, and expressed a wish that the
matter should rest until they could act jointly, "when the thing
can be arranged without difficulty." Baird proceeded, however,
to print proclamations claiming exclusive jurisdiction for Texas,
but in the end allowed himself to be persuaded by the military
governor to suspend their circulation until Congress could be heard
from. The absence of new instructions from his own govern-
ment was also a factor in bringing about his decision to wait. His
activities at this time, however, did have the effect of causing the
suppression by Washington of the articles in question.
The receipt of this information in Texas led Governor Wood
to appeal once more to the chief executive of the nation. He re-
viewed the situation once more, complaining at the failure of Polk
to answer his earlier letters urging President Taylor to offer to
Baird such assistance as might seem consistent with the obliga-
tions of the federal government and the rights of Texas; and con-
cluding with a request for an early reply in order that the views
of the general government might be submitted to the Texas legis-
lature in the following November.
During the first week in April, Baird received indirect informa-
tion which led him to believe that Congress had agreed to Texan
jurisdiction over New Mexico, and immediately notified Washing-
ton that all judicial proceedings under the military authorities
would be void if continued under these circumstances. He was
once more prepared to proceed to accomplish the organization, of
the region, but once more Washington was equal to the occasion,
and succeeded in persuading him to postpone action until the
arrival of official information. This left the advantage on the
side of the military authorities when authentic reports disclosed
the fact that Congress had failed to reach a decision, and once
In the meantime his communications of the previous fall were
beginning to reach the officials in Texas, and on April 14, Wash-
ington D. Miller., secretary of state in Texas, informed him that
it was expected that the obstacles presented as a result of the mili-
tary occupation would soon be removed. He was therefore told to
"labor to conciliate the people of that remote frontier," in order
that they would be ready to consent to the organization of the
region as soon as the military officials were out of the way. A
new proclamation for calling an election in Santa Fé county was
then forwarded to him, and on June 18, he prepared this for cir-
culation. In it the people were informed of the legislative act
creating the county, and were told that "henceforward, the civil
and criminal jurisdiction over said county, legitimately, will be
assumed and exercised by the authorities of the State of Texas
only, and the citizens will be required to yield obedience thereto."
Before circulating the proclamation, however, he notified Colonel
Washington of its receipt, and of his plans to issue writs of elec-
tion immediately. In the personal conference which followed,
Washington convinced him that he could not possibly make the
returns of an election in time to prevent all except the votes for
county officers from being null, and that this fact would have a
bad effect upon those who voted. He agreed, therefore, to sus-
pend operations until he could be further advised, and in return,
Washington assured him that nothing should be authorized by the
military governor "which would wrongly prejudice the claims of
Texas."
Feeling that he had accomplished all that was possible under
the circumstances, and relying upon Washington's assurances,
Baird now decided to leave Santa Fé for a time. To his own
government he reported that the men who were opposed to the
claims of Texas in the region were "actuated solely from a desire
to figure as public functionaries themselves," and therefore, that
he entertained no doubt as to his ability to organize under the
jurisdiction of Texas when the military government established by
Kearny should be removed. In support of his opinion he stated
that General Armijo, whom he considered as the leading man of
the region, "espouses our cause with great zeal."
The
Struggle
for
Civil
Government
in
New
Mexico.
--During
this same period the people of New Mexico had likewise become
active. When it was found that the legislature which had been
provided for in the Kearny Code was powerless if any of its meas-
ures did not meet the approval of the military commander, no
effort was made to hold a second meeting, and dissatisfaction be-
gan to develop. It was felt that the stipulations of the code and
of the treaty of Guadalupe Hidalgo had given them the right to a
civil government, and a movement was begun to have the military
control replaced by a territorial form of government. The Presi-
dent had advised that they should live peaceably and quietlv under
the military government until Congress could act deliberately and
wisely. Senator Thomas H. Benton assumed a different point
of view, however, and in August, 1848, he addressed a letter to
the people of both California and New Mexico, suggesting to them
that since they had no civil government, the best move to make
would be to provide for themselves a simple form of government
until Congress should provide one for them. He believed that
they would need only a governor, judges, and peace and militia
officers, and very little in the way of laws.
Following this suggestion, a convention met at Santa Fé on
October 10, 1848, and formulated a petition to Congress, asking
for the establishment of a civil government of a territorial nature,
and stating, among other subjects, that they were opposed to
slavery, and that they firmly protested against the dismemberment
of their territory in favor of Texas, or for any other cause. It
was exactly one month later that Baird arrived in Santa Fé, and
he reported that even then "the convention excitement was still
alive, and there was much dissatisfaction as to the manner in which
it had been gotten up and conducted, both among the Mexicans
and Americans." According to the accounts given to him by
the people, the movement was planned in secret by those holding,
or desiring to hold office under the military government. Only
five days notice was given for the election of delegates, and "poll
books were made out and distributed to the various precincts
headed with the names of those whose election was desired by the
conclave." It was to this cause that Baird attributed the protest
against the Texan claims, lie accounted for the anti-slavery state-
ment on the grounds that discord in the convention caused the
withdrawal of enough delegates to reduce the number below a
quorum, and thus disappointment caused those remaining to draw
up this resolution in the hope of enlisting the abolitionist sympa-
thies on their side.
But at the same time that these New Mexicans were engaged in
formulating this petition, opposing the division of their territory,
Secretary of War Marcy, following instructions from President
Polk, was writing to the commanding officer of the United States
forces at Santa Fé, to inform him that the national government
had not contested the claim of Texas to all the territory east of
the Rio Grande. He also stated that any civil authority which
Texas had established, or might establish in the region, was to be
respected, and in no manner interfered with by the military forces
in that department, unless their aid might be needed to sustain
it. In giving these instructions, Polk stated that he deemed
them necessary because of the danger that the military officers at
Santa Fé might come into collision with the authorities of Texas.
He added also that he had not changed his opinion as expressed
in his message of July 24, to Congress, concerning the right of
Texas to jurisdiction over all that part of New Mexico east of the
Rio Grande. Two months later these same instructions were
sent to General William J. Worth, who was in command of the
eighth and ninth military departments, composed of Texas and
New Mexico, respectively.
But on March 4, 1849, a new administration came into power,
and among the early acts of the new Secretary of War, George W.
Crawford, was the writing of a letter to the commanding officer at
Santa Fé, reproving him for failure to report to the department
concerning the management of affairs in New Mexico. He then
repeated the instructions sent out by Secretary Marcy, concerning
the boundary question, but added that it was not expected that
Texas would undertake to extend her civil jurisdiction over the
remote region designated. This letter indicates that the new
secretary was not informed as to the actual situation which had
already developed in connection with the Texan activities of the
previous year. A warning was added, however, that in case Texas
should make a move to occupy the region, the commanding officer
should be careful not to come into conflict with her authorities,
and should likewise refrain from expressing an opinion upon the
validity of her claims, This meant a slight change from the policy
of the preceding administration. Marcy's instructions had indi-
cated that if it seemed necessary, the military authorities were to
aid in sustaining Texan jurisdiction, or in other words, they were
to remain neutral only so long as the Texan interests seemed to
be safe.
While the Marcy instructions were still the order to follow,
Colonel Washington had written to the adjutant general that "To
avoid embarrassment in regard to recognizing the jurisdiction of
the authorities of Texas over a large portion of this territory, it
is very desirable that Congress should act in the matter before
the demand is made" He was already facing the problem as a
result of the presence of Baird, and was divided between his in-
terest in maintaining his position with the office holders of the
region, and the possible necessity of assisting Baird in accordance
with the Marcy orders. His own inclinations apparently led more
strongly toward the former, so for this reason Crawford's letter
absolving him from the responsibility of rendering sustenance to
Texas, was a relief for him, even though he was to maintain a
neutral position.
During the summer of 1849 the movement to secure a civil gov-
ernment in New Mexico was renewed, and in September, in answer
to a call issued by Lieutenant-Colonel Benjamin L. Beall, who was
acting governor in the absence of Colonel Washington, a convention
met at Santa Fé to draw up a new petition to Congress. Beall
made this call as a result of a series of resolutions drawn up on
August 22, and presented to him by a group of Americans, and
on September 10, each of the seven counties of New Mexico
named delegates who were to meet on September 24. A consid-
erable faction of the population, led by the military officers, was
in favor of establishing a state government, but to this the civil
officials were opposed, and here the influence of the instructions
from the War Department was felt. The advocates of state gov-
ernment feared that the raising of the question at this time might
bring a recognition of the Texan claims, and in order to decrease
the probability of a forced connection with that state they were
willing to postpone action.
This convention, therefore, declared itself in favor of a terri-
torial, rather than a state form of government, drew up a terri-
torial code of laws, and elected Hugh N. Smith, a Texan, as dele-
gate to Congress, with instructions to secure some sort of Congres-
sional action. The members voted that the division of counties
should not be changed except by action of their own legislature.
But their definition of the boundaries of the territory is signifi-
cant, A resolution was passed instructing the delegate to Con-
gress to define the territory as bounded on the north by the Indian
territory, on the west by California, on the south by the boundary
line between the United States and Mexico, and on the east by
the state of Texas. When it is recalled that to the leaders in
New Mexico the question of how far to the west the state of
Texas extended, was one of the important issues, this failure to
specify a definite boundary on that side would indicate that the
inhabitants were now ready to follow the suggestion which had
been made by President Polk, and to turn the question of the dis-
puted jurisdiction over to Congress to be settled.
But before any results could be obtained from this movement,
President Taylor had announced himself as favoring the granting
of statehood to both California and New Mexico. Acting upon
this policy, Secretary Crawford wrote to Lieutenant-Colonel George
A. McCall, who was leaving Washington to join his regiment in
New Mexico, informing him that if the people of New Mexico de-
sired to take any steps toward securing admission as a state, it
would be his duty, and the duty of others with whom he would be
associated, "Not to thwart but advance their wishes," since it was
their right to ask for admission.
Two months later, in complying with a request from the House
of Representatives for information on the subject of California and
New Mexico, President Taylor took advantage of the opportunity
to state his views officially, and here he expressed regret that New
Mexico had not already been admitted as a state, in order that the
boundary question with Texas might be settled by a judicial de-
cision. Since that had not been done, however, he agreed with
his predecessor that Congress alone possessed the power of adjust-
ment, and he questioned the expediency of attempting to estab-
lish a territorial government there before making such an adjust-
ment, But Congress was already deeply involved in debate over
the question, and this message had little effect, other than to fur-
nish new fuel for discussion.
The
Question
of
Control
in
the
El
Paso
District.
--In spite of
the attitude which was being manifested in New Mexico, however,
new troubles over the jurisdiction were close at hand: for almost
it the same time that the convention of September, 1849, was in
session at Santa Fé, Major Jeff Van Horne, a new officer, stationed
opposite El Paso, was writing for information as to whether the
laws of New Mexico should be enforced at his post. This region
was included in the ninth military department, which had its head-
quarters at Santa Fé, but under Mexican control it had been in
Chihuahua, and was now in territory which was included in the
Texas boundary act of 1836. It was now a part of the county of
Santa Fé, as organized by the Texas legislature, and a group of
Texans under the leadership of R. Howard, who claimed to be a
legally appointed surveyor for the Texas government, was busy
locating Texas claims in. the salt deposits of the region. These
men claimed the exclusive right to use the salt, or to levy a tax
on any others who used it, while at the same time the New Mexican
prefect for this district was asking Van Home to aid him in en-
forcing the collection of taxes there for New Mexico. Being
new to the district, Van Home was not familiar with the facts
of the controversy between Texas and New Mexico, nor with the
instructions which had been issued, and he therefore refused to
pass judgment until he could receive instructions from the com-
mander of the department.
By the time his inquiry reached Santa Fé, Colonel Washington
had been superseded as commander and ex-officio governor of New
Mexico, by Colonel John Munroe, and the new commander seems
to have been as thoroughly ignorant of the situation, and of the
attitude of the government, as was Van Horne himself. He sent
the data to the adjutant general of the army, that they might be
submitted to "the proper department of the government at Wash-
ington, with the view of having the question of jurisdiction de-
termined" Instead of waiting for a reply from the government,
however, he wrote to Van Horne that since there was a portion of
the territory in question over which no civil authority had been
established by either Texas or New Mexico, he deemed it advis-
able, in order that the people might have the protection of civil
laws and magistrates, that the military authority should sustain
the civil jurisdiction of the territory of New Mexico, and aid her
officials in the execution of their duties until such time as Texas
should assume civil jurisdiction, or until the boundary between
Texas and New Mexico should be finally settled.
It seems incredible that Munroe could not have had access to Sec-
retary Crawford's letter enjoining strict neutrality, but this letter
to Van Horne indicates a complete lack of knowledge that such
instructions had ever been issued to the department under his com-
mand. In answer to his letter to the adjutant general, he was
curtly informed that "The jurisdiction over the soil east of the
Rio Grande, claimed by Texas and New Mexico, cannot be settled
by this department. The commanding officer must refer to and
abide by instructions previously given on this subject" This
letter and one from Munroe to the War Department, enclosing a
copy of his instructions to Van Horne, seem to have passed each
other somewhere between Santa Fé and Washington, and the re-
ceipt of the latter by the department officials brought prompt
action in the form of a caustic letter to Munroe, which virtually
amounted to a reprimand for "manifestly assuming to decide the
question of the territorial jurisdiction of Texas," and informing
him that "it is deemed necessary distinctly to repeat, for your
guidance on this occasion, what the department has often stated,
that the executive ha« no power to adjust and settle the question
of territorial limits involved in this case."
A glance at the dates of the letters in this set of correspondence
will reveal the lack of promptness on the part of the government
agents of this period, as well as some of the handicaps to which
the officers in the remote outposts were subjected. Van Horne's
letter to Munroe, asking for instructions, was written from the
El Paso district, September 23, 1849. It was not forwarded from
Santa Fé to the War Department until November 21, while it was
not until December 28 that Munroe wrote his answer to Van
Home, and still another week passed before he sent a copy of this
letter to Washington. In the meantime, until the arrival of Mun-
roe's second letter, action was equally slow in Washington, for the
answer to the letter of November 21 is dated February 15, 1850,
and in all probability it did not reach Van Home for at least six
months after his request for instructions. Much could take place
in that period of time; and as a matter of fact, much had happened
before the correspondence was ended.
The
Renewal
of
Activities
by
Texas.
--During the fall of 1849,
while these developments were in progress in New Mexico, Texas
had no official agent in the region. Baird was now in Missouri,
and from there was sending reports to the officials in Texas con-
cerning the results of his mission, together with such information
as he could secure upon the course of events after his departure
from New Mexico in July. Earlier information which had come
from him aroused considerable resentment in Texas, and in the
campaign of 1849 for the election of a governor, Wood was op-
posed for re-election by P. Hansborough Bell, who advocated action
by Texas. Bell was elected, and almost immediately he began to
receive applications for permission to raise companies of soldiers
for the purpose of occupying New Mexico.
In his final annual message to the Texas legislature, on Novem-
ber 6, 1849, Governor Wood referred to the opposition which Baird
had received in New Mexico, but stated that no official report had
been received from him at that time, nor had he received a reply
for his letters to either Polk or Taylor. This situation, he told
the legislators, "imposes upon you the necessity of adopting ener-
getic and efficient measures to protect the rights of your State
and acquit herself of what is due to her honor and dignity."
Since a previous effort to legislate Texas into possession had ap-
parently failed, he felt that the question had now become one
"with which there should be no temporizing, for the sooner the
issue is made the sooner will the question be adjusted." He there-
fore recommended that the governor be given ample power and
means to raise the proper issue and contest it, "not by demon-
strating in argument the justice of our claims, nor by reference
to our statutes, but with the whole power and resources of the
State." In addition to this, he suggested that a commissioner
be sent to Washington as soon as some plan should be adopted,
in order to show the federal government that Texas was in earnest.
This portion of the message was submitted by the lower house
of the legislature to its committee on federal relations, and this
group, on November 13, reported a resolution giving the governor
the power and means to send a special commissioner to Washing-
ton, to "ascertain the exact views of the Federal Government, in
relation to the county of Santa Fe, in time to lay the same before
the Legislature during their present session." Further action upon
the subject was to be suspended until this report could be re-
ceived. Before action could be taken upon this resolution, the
senate, on November 14, began the consideration of a resolution
providing for a special joint committee of the two houses to pre-
pare a protest against the further continuance of the military
government at Santa Fe, to be laid before Congress, This reso-
lution was adopted, and was agreed to by the lower house on
November 23. Wood's plans for action were thus checkmated,
in spite of the fact that newspaper comment upon his attitude was
favorable at this time. Hopes were expressed that the legislature
would comply with his recommendation, while one editor went
so far as to say that the "banner of the Lone Star shall be again
unfurled; not for offence,
but for defence,
and those who were
foremost to cry aloud for annexation, will be foremost to sever
the country from a Union
that embraces but to crush and de-
stroy."
Just at this juncture a letter from Major P. J. Pillans, whom
Baird had left in charge of his affairs in Santa Fé, was made
public in Texas. In it Pillans stated that the opposition to Texas
in Santa Fé could never be overcome. At the same time Baird's
reports had begun to arrive, and in one of them he stated that
one of the secrets of opposition on the part of the people in New-
Mexico was a fear that grants of land which had been made pre-
viously would become void under Texan jurisdiction. In order
to counteract this feeling, the lower house of the legislature, on
December 3, adopted a resolution looking toward the passage of a
law under which the citizens of Santa Fé might be granted land
within the limits of Santa Fé county as it then existed. During
this same week, however, news reached Texas concerning the New
Mexican convention which had been called by Colonel Beall. In-
tense excitement was manifested, and an immediate forcible occu-
pation of the region was advocated. But Governor Wood's ad-
ministration was too near its close for any definite steps to be
taken, and his final act in the matter was the submitting of Baird's
correspondence, to the legislature, on December 11. Baird, him-
self, had by this time become disheartened because of criticism of
his work by the newspapers, and expressed his determination to
resign as soon as possible.
In his first message to the legislature, Bell referred to the re-
peated disregard by the federal authorities for the Texan rights
in New Mexico, and agreed with Wood that the question should
be brought to an issue at once. The failure of the legislature to
support Wood's recommendations, however, led him to suggest that
it was not necessary that the whole power and resources of the
state should be placed at the disposal of the governor, but that he
should be authorized "to send to Santa Fé, if the necessity for
doing so shall continue to exist, a military force sufficient
to enable
the civil authorities to execute the laws of the State in that part
of the territory, without reference to any anticipated action of the
Federal Government, or regard to the military power of the United
States stationed at Santa Fe." In his opinion this force should
be used only in case the citizens of Santa Fé continued reluctant
to submit to the civil jurisdiction of Texas, after the military
forces of the United States ceased to exercise such functions. He
also concurred with Wood on the question of sending a commis-
sioner to Washington, but felt that Texas should first decide upon
the course to be pursued in case the mission proved futile, in order
that the commissioner might at once make known the position of
his state. This same message also included a suggestion that
the territory lying north of the parallel of thirty-six degrees, thirty
minutes, be sold to the United States government for the purpose
of liquidating the public debt of the state.
The legislature now became active once more, and on December
31, 1849, new boundaries were designated for Santa Fé county,
decreasing its size, and from the remainder of the original county,
as organized in 1848, the three new counties of Presidio, El Paso,
and Worth were created. Presidio county was to include all the
territory between the Rio Pecos and the Rio Grande, from the
junction of the two rivers north to a line running straight north-
east to the Pecos from a point on the Rio Grande where the Ford
and Neighbors trail first touches that stream, "as defined by a
map compiled by Robert Creuzbaur, date of 1849." This map
shows the trail as striking the Rio Grande about one hundred
miles south of El Paso.
El Paso county included the territory between the two rivers
from the northern boundary of Presidio county to a line extending
from a point on the Rio Grande, twenty miles above the town of
San Diego, due eastward to the Pecos. This line was also to form
the southern boundary of Worth county, which was to cover the
region northward to a line running directly east to the Pecos from
a point on the Rio Grande twenty miles above the town of Sabine.
The remainder of the region which had formerly been allotted to
Santa Fé county was now designated as the new county of Santa
Fe. The four counties were specified as the eleventh judicial
district, and in the reapportionment of representatives in the
Texas legislature, the four were combined into one senatorial dis-
trict, while Santa Fé county was allowed a representative in the
lower house, and the other three counties together were given a
representative.
On January 4, 1850, an act was passed providing for the ap-
pointment of a commissioner to organize each county., by laying
it off into convenient districts, or precincts, and by holding elec-
tions for county officers, and notifying the proper state official of
the result of these elections. On the following day Governor
Bell drew up an address to the citizens of these four counties, in
which he explained that their territory had long been included in
the limits of Texas, but that the necessity of centering her atten-
tion upon the struggle for independence had rendered it imprac-
ticable to organize the region earlier. They were now informed
that organization had been provided for, and that Robert S. Neigh-
bors had been selected by the governor to accomplish this organi-
zation, the principal motive being to extend to them the advan-
tages which other Texans held; and they were therefore invited
to "hold the most free and unrestricted intercourse with him and
. . . to lend him such assistance and protection" as his pres-
ence among them might require.
Neighbors was instructed to proceed as quickly as possible to
the counties which were to be organized, and to circulate this
address, which, it was thought, should prepare the people for
ready acquiescence. His method of procedure upon arrival was
explained, and he was especially warned that while he should act
with firmness and decision, he should also "observe that mildness
and courtesy of manner which is so well calculated to inspire con-
fidence and esteem, and remove all prejudices which may hereto-
fore have existed in respect to the government, and our people as
a race," He was already familiar with the country which he
was to organize, having been a special Indian agent for the United
States government in the El Paso region, and he set out at once
to begin his work. His salary as commissioner was voted to him
in advance, and at the same time the legislature resolved that all
the territory east of the Rio Grande was included in the rightful
civil and political jurisdiction of the state, and that she was de-
termined to maintain the integrity of this territory.
Baird at once began to make preparations for returning to
Santa Fé in order to be on hand to hold court as soon as Neigh-
bors succeeded in organizing the region. Before leaving Austin,
however, he submitted to Governor Bell a series of suggestions,
covering numerous points which had been omitted in the plans for
organization, and which he deemed to be necessary, in order to
gain the confidence of the people of that region. Among other
things, he felt that the territory should have been divided into
seven counties, corresponding with the ones then existing under
the Mexican law; that the Pueblo Indians should be induced to
settle on the frontiers; that the Mexican laws with regard to irri-
gation, mining, and herding cattle should be perpetuated: that
the wood and the salt deposits should be reserved from private
appropriation and declared to be the common property of the
people for their free use; and that English schools should be estab-
lished there to the full extent of the means that could be raised
by Texas. During his previous stay in the region, he had ap-
parently been studying the situation, but the officials in Texas
failed to recognize the soundness of his suggestions, and therefore
no changes were made in the plans for organization.
El Paso was reached by Neighbors about the middle of Feb-
ruary, and he began his work of organization there. On February
23, Major Van Horne reported to the authorities at Santa Fe that
the Texas commissioner was busy holding elections and circulating
messages from the governor of Texas. Van Horne felt that ac-
cording to Munroe's instructions of December 28, which were, the
last he had received, one of the two conditions had come upon
win en the civil jurisdiction of his command could be surrendered
to Texas, and therefore, he offered no opposition. On the same
date, Neighbors himself wrote to Munroe, stating that since he
had found no opposition to the extension of the Texan jurisdic-
tion in the El Paso region, he had issued writs of election, and
expected to accomplish the organization there in a short time. He
added that as soon as was possible he would proceed to Santa Fa,
and upon his arrival there he would submit to Munroe his in-
structions from the governor of Texas, and ask for his "friendly
co-operation in organizing all the territory belonging to this state,
into counties, and to extend over the inhabitants, the civil laws of
the state."
One month later, he reported to Governor Bell that El Paso
county was fully organized, and that the officers who had been
elected had entered upon the discharge of their duties. Accord-
ing to other reports which reached Austin, the people of El Paso
were highly gratified at being organized under the laws of Texas,
and 765 votes were cast in the election for county officers.
Neighbors now reported that it was impossible to go to Presidio
county without an armed escort, because of the enmity between
the Indians and the few white inhabitants of the region, and
also that the organization of Worth county would depend upon
that of Santa Fé, since both were under the same influence. In
the accomplishment of the latter, he felt that he faced two handi-
caps: first, a lack of necessary funds, and, second, the absence of
proper pledges to the people in regard to their lands. He com-
plained that Howard and his party, concerning whom Van Home
had been inquiring, were already located on land belonging to
others, thus causing prejudice against Texas.
At the time that Neighbors' letter of February 23 reached Santa
Fé, no answer for Colonel Munroe's letter of the previous Novem-
ber had as yet come from Washington, but he had at least found
the earlier instructions. He at once issued orders to all officers
commanding posts in and near the territory claimed by the state
of Texas, to "observe a rigid non-interference" with Neighbors
"in the exercise of his Functions and equally avoid coming in
conflict with the Judicial authorities created by that State."
When the reports began to reach Santa Fé that a Texas commis-
sioner was on his way to organize New Mexico, there was talk of
resistance, and this spirit was encouraged by a proclamation
published on the next day after Munroe issued his orders for strict
neutrality, by Joab Houghton, one of the judges of the superior
court in New Mexico under the military government. In this
proclamation, Houghton advised the people not to go to the polls
which the Texas commissioner would open, for they should be
neither loyal nor obedient to Texas, but on the contrary, were in
duty bound to resist any attempt on her part "for the unjust
usurpation of our land and boundaries," He proposed that each
county hold meetings on the following Monday for the purpose
of drawing up resolutions upon the Texan claims, and felt that
if the people would observe his directions, "the present mission
of the Commissioner of Texas will be as useless as that of Judge
Baird."
Thus when Neighbors arrived in Santa Fé on April 8, he not
only found that he would be forced to work without the assistance
of the military officers, but also that he would receive little en-
couragement from the people themselves. He reported, however,
that he was courteously received by the inhabitants, but that he
found Munroe favorable to the existing state of affairs, while
Houghton expressed a determination to imprison any person who
should attempt to enforce the laws of Texas. He was told by
members of the original state party that they were now willing
to aid him in the organization, but that they believed that it would
be necessary for Texas to send a military force to New Mexico
before she could exercise jurisdiction. Feeling, however, that
those inhabitants who were favorable to Texas were in the minor-
ity under the existing state of affairs, Neighbors now decided to
defer the calling of an election, for Santa Fé county as organized
by the legislature of Texas.
But at about the same time that Neighbors reached Santa Fé,
Colonel McCall also arrived with information concerning the atti-
tude of the President toward statehood, and in the new possibili-
ties, Neighbors was ignored. As a result of McCall's message
notices were posted, on April 13, calling the citizens of Santa Fé
county, New Mexico, to a meeting to be held a week later for the
purpose of passing resolutions in favor of a state form of govern-
ment, and of requesting the governor of the territory to call a
convention to form a state constitution. As soon as Neighbors
had seen these notices, he protested to Colonel Munroe against
such an action, on the basis of the constitutional provision that
no state should be formed within the jurisdiction of another state,
without the consent of the legislature of the state concerned. He
held that since the government of Texas had expressed its deter-
mination to maintain inviolate all the territory within her boun-
daries, which had been guaranteed to her by the annexation reso-
lution, the move for a state government in New Mexico would be
a violation of that provision.
Munroe was now confronted with a dilemma. He had not only
received instructions to maintain neutrality in the boundary dis-
pute, but he had also been told through Colonel McCall to give
assistance to any steps which the people of New Mexico might
desire to take toward securing a state government. Under ordi-
nary circumstances, these instructions would have caused no
trouble, but owing to the fact that the Texas government was at
the time attempting to organize the region, the move for a state
government in New Mexico meant a direct conflict with the Texan
claims. But he did not hesitate long. Just three days after the
meeting was held to formulate the petition to him, he issued a
proclamation naming May 15 as the date for the desired consti-
tutional convention.
None of his actions in connection with the question seemed
destined to receive the full approval of the various departments of
the government, however, for before the summer was over his
coarse was questioned from three different causes, by as many
different parties. His order of March 12, enjoining non-inter-
ference on the part of the commanders under him, brought a reso-
lution from the House of Representatives, asking the President
for an explanation. In reply, the Secretary of War referred the
members to the letters of instructions written by both himself and
his predecessor to the commanding officer at Santa Fé. A short
time afterward, the Senate took up the matter from another angle,
and demanded of the President, information concerning the orders
which had authorized Colonel Munroe to oppose or prevent the
exercise of Texan jurisdiction over the Santa Fé region. Aside
from Munroe's mistake of December 28, which had by this time
been corrected by the order of March 12, this was a deliberate dis-
regard for the actual happenings. President Taylor answered that
no such orders had been given, and submitted to the Senate the
correspondence in connection with Van Home's inquiry of Sep-
tember 23. He then brought up the question of the activity of
Neighbors in the New Mexico region, and stated that although
he had "no power to decide the question of boundary, and no
desire to interfere with it," he believed that the territory in ques-
tion was actually acquired by the United States from Mexico, and
had since been held by the United States. For this reason, it
was his opinion that it "ought so to remain until the question of
boundary shall have been determined by some competent author-
ity." And he had stated earlier what he deemed this compe-
tent authority to be. This meant another step in the adminis-
tration's attitude on the question. The policy had developed from
the instructions under Polk, that neutrality was to be broken only
in case of need from Texas, through the early policy of the Taylor
administration, of non-interference with the Texan efforts; and
now non-interference was made to apply the other way. Texas
should not attempt to interfere with the possession of the terri-
tory by the United States.
The question which caused the greatest excitement, however,
came from the governor of Texas. As soon as Munroe issued his
proclamation calling a constitutional convention, Neighbors with-
drew from Santa Fé, and immediately upon his arrival at the
Texas capital he submitted to Governor Bell a detailed report upon
his- mission. When the contents of this report became public,
the anger of the Texans was at once aroused. It was held that
the fiction of Munroe was an insult of the grossest character, and
committed upon the rights and dignity of the people of Texas "an
outrage beyond which it was not possible to go." They felt that
the matter had now been brought to a definite issue, and sugges-
tions were made that the claim should be enforced by military
power, while it was also claimed that when Texas was admitted
into the Union as a state, her people believed that the limits as
defined by the government of the republic would be respected. If
they had been in error when they voted for annexation, it was but
just, according to their belief, that the whole question should be
reconsidered, and in that case they were represented as being as
willing to leave the Union as they had been to join it. A mass
meeting which was held at Austin on June 8 gave voice to these
sentiments, and during the months of June, July, and August,
similar meetings were held throughout the state, all of them ex-
pressing the same sentiments.
Governor Bell at once took steps to meet the situation. On
June 12, he wrote to Baird, who had returned to Santa Fé, urg-
ing him to leave that place immediately, and proceed to El Paso
in order to cheek any attempts which might be made to shake the
allegiance of that region to Texas, At the same time he was tc
keep the governor advised concerning the developments at Santa
Fé. On June 13, he wrote to the Texan delegation in Congress,
stating, the situation, and voicing his intention to act, while on
the following day he wrote to President Taylor, demanding an
explanation of the steps taken by Munroe, especially as to whethei
he had acted under orders from his government, and whether his
proclamation met the approval of the President. In addition
to this, a special session of the legislature was called for August 12,
in order that the methods for meeting the situation might be prop-
erly determined upon.
The letter to the President did not reach Washington until after
Taylor's death, and therefore went to his successor, who placed it
in the hands of Daniel Webster, the new Secretary of State, to be
answered. Webster answered the first of the two questions asked
by Governor Bell, by quoting from the instructions of November
19, to Colonel McCall, thus upholding Munroe's action. In answer
to the second question, he stated that if the call for a convention
intended to settle the boundary question, it was not approved by
President Fillmore, for the oft repeated reason that the power of
making that settlement belonged solely to Congress. But he held
that such was not the intention of the convention, and pointed out
that it could not make such a settlement because its acts were in-
effectual until they were ratified by Congress. And he added that
since "it is the right of all to petition Congress for any law which
it may constitutionally pass, this people were in the exercise of
a common right when they formed their constitution with a view
to applying to Congress for admission as a state," and for this
reason the President felt bound to approve the conduct of Colonel
Munroe in issuing the proclamation. Throughout the letter
there can be seen a veiled suggestion that Texas had as little au-
thority to interfere in the boundary question, as had the Presi-
dent; and there is also a carefully worded hint that unless she
refrained from interfering, it would be the duty of the President
to see that the treaty of Guadalupe Hidalgo, as a part of the su-
preme law of the land, was sustained in every particular, down
to the maintaining of the inhabitants of the territory in the free
enjoyment of their liberty and property.
In submitting this correspondence to Congress, however, Presi-
dent Fillmore was less guarded than Webster had been in his lan-
guage. He reiterated the claim, on the New Mexican side, that
the territory had always been regarded as an integral and essential
part of New Mexico, and after stating that the Texas legislature
had been called into session for the purpose of establishing her own
jurisdiction, and her own laws over the region by force, he added:
These proceedings of Texas may well arrest the attention of
all branches of the government of the United States; and I re-
joice that they occur while the Congress is yet in session. It is,
I fear far from being impossible, that in consequence of these
proceedings of Texas, a crisis may be brought on which shall sum-
mon the two houses of Congress—and still more emphatically the
executive government—to an immediate readiness for the perform-
ance of their respective duties.... The constitutional duty
of the President is plain and peremptory, and the authority vested
in him by law for its performance, clear and simple. . . . If
Texas militia, therefore, march into any one of the other states,
or into any territory of the United States, there to execute or en-
force any law of Texas, they . . . are to be regarded merely
as intruders; and if, within such state or territory, they obstruct
any law of the United States, either by power of arms, or mere
power of numbers, constituting such a combination as is too power-
ful to be suppressed by the civil authority, the President of the
United States has no option left to him, but is bound to obey the
solemn injunction of the Constitution, and exercise the high powers
vested in him by that instrument and by the acts of Congress.
In sending this message to Congress, the President submitted no
other evidence than Governor Bell's letter and Webster's reply
and the meagerness of the information furnished concerning the
probability of forceful measures in Texas made the tone of the
message decidedly alarmist. That government officials had more
information concerning the actual developments in Texas than
they cared to divulge, however, is shown in the work of General
Winfield Scott, who was at the time acting Secretary of War. On
the same day that Fillmore's message was written,. General Scott
notified Colonel Munroe that about 750 additional troops were
being sent to Santa Fé, for the double purpose of protecting
against Indians, and against "another and more painful contin-
gency" which might be apprehended. This new contingency, he
explained, was the probability that unless the disputed boundary
between Texas and New Mexico was soon established by Congress,
a large body of troops would be raised by Texas and sent to New
Mexico to effect by force of arms the extension of the Texan civil
and political jurisdiction over that part east of the Rio Grande.
In order that Munroe might be able to meet the demands in event
this should happen, Scott proceeded to give him full instructions
as to the necessary course of action under the various probable
methods of procedure which might be used by the Texan invaders.
Munroe was told, however, to profit by all opportunities to avoid
a resort to violence; but a warning was also added, not to lose any
advantage by delaying, and to resist the encroachment vigorously
when it became necessary to protect the people of New Mexico
against violence and the destruction of their property.
During the same time that this official correspondence was being
carried on, developments were also under way in the region which
was being discussed. The convention for the formation of a state
constitution, which had met on May 15, in accordance with Mun-
roe's call, completed its work on May 25, and within a month the
constitution had been adopted by practicallv a unanimous vote.
The limits prescribed for the state were to begin at the Rio Grande
just north of El Paso, and extend from there east to the one hun-
dredth meridian; thence north along the one hundredth meridian
to the Arkansas river; thence up that stream to its source; thence
in a direct line to the Colorado river of the West at its intersection
with the one hundred and eleventh meridian; thence south on that
meridian to the boundary between the United States and Mexico,
and along that boundary back to the Rio Grande, down which it
was to run to the point of beginning. The notable feature in
this boundary is the fact that just as the Texas boundary act of
1836 had included territory which by right of occupation belonged
to New Mexico, so did this constitutional provision reciprocate by
laying claim to territory which Spanish decrees unquestionably in-
cluded in Texas. But it was at last a definite boundary claim on
the part of New Mexico--the first tangible limits which had ever
been named for a province established 250 years previously.
The adoption of a state constitution did not, however, bring an
end for the complications in New Mexico. In the election of state
officers, Henry Connelly was chosen governor, and Manuel Alvarez,
lieutenant-governor. In the absence of Connelly, Alvarez as-
sumed charge of the government and proceeded to nominate such
officers as the constitution required. Here Colonel Munroe inter-
posed with the declaration that the military authority remained
in force until Congress agreed to the admission of New Mexico as
a state, or substituted some other form of government, and that
he would consider any move to appoint officers "as an act, on the
part of all concerned, in direct violation of their duties as citizens
of the United States." Alvarez proved obstinate, however, and
refused to concede that the military government could continue to
exist without the consent of the people, and on July 20, he issued
a proclamation, in accordance with an act of the legislature estab-
lished by the constitution, ordering elections to be held on the sec-
ond Monday in August for the purpose of choosing county officers
in each of the eight counties of the state.
On the same day, Baird, who, not having received Governor
Bell's letter of June 12, was still in Santa Fé, issued a proclama-
tion for the holding of an election in Santa Fé county, Texas, for
the purpose of choosing both state and county officers under the
Texas rule. This election was to be held on the first Monday in
August, in accordance with a proclamation of the governor of
Texas, calling for a general election throughout the state. This
situation seemed to forebode trouble for Colonel Munroe, and as
a result, three days later, on July 23, he issued a proclamation
announcing his purpose of maintaining the military organization
in New Mexico until he was otherwise instructed from Washing-
ton. Not much excitement seems to have been aroused over
these three conflicting efforts, and Munroe's disposition of his
troops effectively prevented either of the two elections from being
held. Thus with the military government once more firmly in
control of affairs in New Mexico, there was nothing to be done in
that region but to await the decision of Congress upon the ques-
tion of organization and of territorial jurisdiction. Baird moved
on to El Paso, therefore, and announced his intention of holding
court in that place on the first Monday in October.
In Texas, however, during this same period, developments of a
different nature were in progress. The legislature met on August
12, in accordance with the call of the governor, and on the fol-
lowing day he submitted his message. In it he reviewed the most
prominent facts and circumstances connected with the Texan rela-
tions with Santa Fé, and described the development of opposition,
both local and national, stating at the same time his belief that
the state had no choice but to meet the situation. He said:
It must be met boldly and fearlessly and determinedly. Not by
further supplication or discussion with the Federal authorities.
Not by renewed appeals to their generosity and sympathy. Not
by a longer reliance on the delusive hope that justice will yet be
extended to us; but by action, manly and determined action on
our part, by a prompt assertion of our rights, and a practical main-
tainance of them with all the means we can command 'at
all
haz
-
ards
and
to
the
last
extremity.'
He repeated, therefore, his request of the previous December that
he be authorized to raise a force sufficient to occupy Santa Fé, and
made suggestions as to the methods of securing the necessary funds
for financing such a move. As a preparatory measure, Bell
made plans to issue commissions for the raising of such a force,
in order that it might be ready in case the legislature granted the
authority, and it was estimated that at least five thousand men
were ready to volunteer for the undertaking.
The legislature spent the first two weeks of the session in a gen-
eral discussion, but on August 26, Webster's letter of August 5 to
Governor Bell arrived in Austin, and was immediately submitted
to both houses. Action began at once. On the same day the
senate took up a bill to provide for organizing the militia of Texas,
and requiring the governor to call into the service of the state
three thousand mounted volunteers, for the purpose of suppress-
by setting aside special amounts from the school fund of the state;
by levying a special tax upon the assessments of that year; and
by allowing the use of the proceeds which might arise from the
sale of lots to be placed at the disposal of the government in the
city of Austin. News was also received at the same time that
Congress seemed likely to reach a decision soon, and on the
following day an effort was made to add to the bill authorizing
the raising of a military force, a clause providng that if the United
States government should make a proposition to Texas, before
January 1, 1851, for the purchase of any portion of the territory
of the state, including the whole, or any part, of the counties of
Worth and Santa Fé, the governor should submit this proposition
to the voters of the state for their rejection or acceptance. In case
of their acceptance, the legislature was to be convened to confirm
the sale; in case of their rejection, the governor was to proceed to
call together the troops. This was finally passed as a separate
bill, and was vetoed by Bell for technical reasons. The legislature
then adjourned on September 6, without taking any other defi-
nite action upon the question, much to the disappointment of a
large proportion of the people of the state. This left nothing
for the Texans, themselves, but to follow the example of the New
Mexicans in waiting for news of Congressional action upon their
boundary claims.
Congressional
Action
upon
the
Question.
--Throughout the en-
tire period of two years in which these local developments were
taking place, Congress was also deeply involved in discussing ex-
actly the same problem. Even before the close of the war, in
1848, the question of boundaries had been brought up in that body,
and the discussion had gradually changed from a partisan to a
sectional character as a result of the slavery question. By the
early months of 1850 the situation had become sufficiently acute
to alarm such a leader as Henry Clay, with the result that he
included the question of the western boundary of Texas in his
series of resolutions which he hoped would bring about "an amicable
arrangement of all questions in controversy between the free and
the slave states, growing out of the subject of slavery." Two
months of discussion failed to bring about a settlement, and on April
19 the Senate selected a committee of thirteen members, with Clay
as chairman, to work out a scheme of compromise which would ad-
just all the questions with which slavery was connected. On
May 8, this committee submitted the series of measures which
came to be known as.the Compromise Bill of 1850, and included
in the proposals was a new provision for the settlement of the
Texas boundary.
The suggestions naturally brought further discussion, and it
was while this debate was in progress in Congress that Neighbors
reported to the governor of Texas concerning his failure in or-
ganizing the New Mexican region for his state. Governor Bell's
protest reached Washington in July, and President Fillmore's mes-
sage of August 6 found the discussion at fever heat. The danger
which this message implied, of a conflict in the southwest, together
with reports which were reaching the capital concerning the atti-
tude of Texas, brought an awakening to the absolute necessity of
a speedy settlement of the issues involved, in order to prevent a
general rebellion. In order to hasten the settlement of the
slavery question, James A. Pearce, of Maryland, had already moved
in the Senate to strike out of the compromise measure all that re-
lated to Texas and New Mexico. This motion was adopted,
thus bringing the first step in the break up of the compromise,
and Pearee then introduced a bill providing for the establishment
of the northern and western boundary of the state of Texas, and
for the relinquishment of the territory claimed by her outside of
the limits which he defined. The lines suggested by him form
the present boundary of Texas, and in consideration of the reduc-
tion of her boundaries from those previously claimed, Texas was
to receive ten million dollars.
The new dangers which had arisen brought about the immediate
consideration of this bill, and it was passed by Congress, after an
amendment was added, providing for the organization of New
Mexico as a territory, and was signed by President Fillmore on
September 9. In November the legislature of Texas voted to ac-
cept its provisions, thus bringing to a close a controversy which
had brought grave dangers for the national government. The
boundary thus agreed upon was far enough west to conciliate the
Texans; far enough north to please various interests in the United
States; and far enough east to satisfy the advocates of the New
Mexican rights; while the sum offered to Texas was almost the
exact amount needed to cancel her public debt. Each of the three
interested parties had been forced to make concessions, and yet
each had gained its fundamental aims, and therefore the settle-
ment made would seem to present the nearest possible approach to
the establishment of justice for all.
FOOTNOTES:
States, VIII, 40-41, and Schouler, History of the United Stoles of Amer-
ica, V, 180-184.
Cong., 1st sess. (Ser. no. 520), p. 170.
Cong., 1st sess. (Ser. no. 554), p. 2.
Cong., 1st sess. (Ser. no. 554), p. 3.
Cong., 1st sess. (Ser. no. 521), p. 4.
The election returns from Nueces county showed a total of forty votes
and the list discloses the fact that thirty-seven of the voters possessed
Spanish names.
Texas, in The Quarterly, I, 91.
tory of Arizona and New Mexico, 455, follows the Register by giving this
name as Beard, but his own correspondence shows that Baird is correct.
1849.
State Library.
Library.
ber 21, 1849, in Ibid.
June 23, 1849.
10, 1849.
Library.
to Miller, Baird says, "I felicitate myself that I am advanced in the
Colonel's estimation since my first communication, from an Esquire to a
Judge, and from that you may form perhaps a correct estimate of the
rise of Texas stock during the winter." Baird to Miller, September 21,
1849, in Ibid.
Library.
House Ex. Doc. 17, 31st Cong., Ist sess. (Ser. no. 573), p. 261.
p. 271. The general orders to the War Department had made the division
between the two departments, a line running from the Rio Grande near
El Paso, directly to the Red river at the mouth of Choctaw creek, in
the vicinity of the one hundredth meridian, thus dividing the territory
claimed by Texas. See House Has. Doc. 1, 30th Cong., 2nd sess (Ser
no. 537), p. 178.
Ibid., 272.
Cong., Ist sess. (Ser. no. 569), p. 105.
lican by Baird, and enclosed with Baird to Miller, October 20, 1849;
in Santa Fé Papers, Texas State Library.
been divided into the counties of Bernalillo, Rio Arriba, San Miguel.
Santa Ana, Santa Fé, Taos, and Valencia, all of which included territory
on both sides of the Rio Grande. Sen. Ex. Doc. 41, 30th Cong, Ist sess
(Ser no 505), p. 478; also Bancroft, History of Arizona and New
Mexico, 311-312. In the Bancroft Collection, University of California,
is a "Map of New Mexico with Pueblos as noted by Calhoun, 1850,
which shows the boundaries of these counties as conceived by James S.
Calhoun, the United States Indian agent in New Mexico.
respondence of James S. Calhoun, 70.
Cong., 1st sess. (Ser. no. 573), pp. 93-104; available also in Historical
Society of New Mexico, Publications, No. 10.
Cons., 1st sess. (Ser. no. 581), p. 3.
Doc. 60, 31st Cong., 1st sess. (Ser. no. 561), p. 2.
pp. 2-3.
Texan secretary of state, written at irregular intervals from September
21 to November 6, 1849, and are now in the Santa Fé Papers, Texas
State Library.
1850, Bell had received dozens of such letters, many of them from other
southern states. Most of them are checked as having been answered
October 18, 1850, by C. A. Harrison, private secretary to the governor.
States and Texas, II, 398, is in error in stating that Wood was noti-
fied by the authorities at Washington that any attempt at forcible occu-
pation of New Mexico would be considered as an intrusion.
for the third legislature is available, but the Gazette printed the jour-
nals of both houses, in full.
Nacogdoches Times, and Marshall Texas Republican, for this period.
Library.
January 24, 1850.
nal, 3rd Legislature, 285-287; also in Austin State Gazette, December
29, 1849.
Wood, but these seem to have been for an indiscriminate sale of any
unoccupied lands within the state. See Miller, Financial History of
Texas, 118. Memucan Hunt, attorney for a number of the creditors,
in 1849, published a pamphlet entitled The Public Debt and Lands of
Texas, and in this he seems to have originated the idea of selling a
definite portion of the territory claimed by the state. For a reference to
the pamphlet and a brief sketch of its contents, see De Bow's Commercial
Review, VII, 273. A copy of the pamphlet itself, is in the Bancroft
Collection, University of California.
See also a letter from James S. Ford to the editor of the Texas Democrat,
written June 18, 1849, in Ibid., 4-5.
ton Telegraph and Texas Register, March 7, 1850.
ture, 2nd sess., appendix, 72-74.
the personnel of the Neighbors party, but the party named was one
which accompanied him in the spring of 1849, on one of his trips as
Indian agent. See Ford to the editor of the Texas Democrat, June 18,
1849, in Creuzbaur, Guide to California and the Pacific Coast, 4.
sum of $1256.51 to reimburse him for expenditures made while on this
mission. Ibid., III, 786.
and Texas, II, 399.
2nd sess., appendix, 74-81.
Correspondence of James S. Calhoun, 163.
Cong., 1st sess. (Ser. no. 577), p. 2.
ture, 2nd sess., appendix, 1-6.
arrived from El Paso, April 26, and brought this information.
31st Cong., 1st sess. (Ser. no. 577), p. 2; also in Abel (editor), Cor -
respondence of James S. Calhoun, 164.
report was carried to St. Louis by traders from Santa Fé. See Austin
State Gazette, May 25, 1850.
islature, 2nd sess., appendix, 11-12; also in Austin State Gazette, June
8, 1850.
tion calling an election, but no evidence of this is to be found in Neigh-
bors' own reports.
nal, 3rd Legislature, 2nd sess., appendix, 12.
2nd sess., appendix, 7-10.
"There has been but one solitary meeting in the State, we believe, which
has passed a resolution declaring the opinion that the time has not ar-
rived for action."
less., appendix, 81-83.
sess. (Ser. no. 579), pp. 6-7.
spondence of James S. Galhoun, 164-165.
74, 31st Cong., Ist sess. (Ser. no. 562), p. 2.
ber 14, 1850.
Valencia county, by a legislative act, approved July 5, 1850.
of James S. Galhoun, 234.
3rd Legislature, 2nd sess., 1 ff. In commenting upon this message the
La Grange Texas Monument, August 21, 1850, states that at least two
regiments should be raised.
message of August 13.
mary is sufficient for the purpose of the present paper. The fullest state-
ment of the activities of Congress during 1850 in connection with the
subject, is Spillman, Adjustment of the Texas Boundary, 1850, in The
Quarterly, VII, 177-195.
first Federal gun that shall be fired against the people of Texas with-
out the authority of the law will be a signal for the freemen from the
Delaware to the Rio Grande to rally to the rescue." Ibid., appendix,
1083. Clay expressed a similar fear. Ibid., appendix, 1412.
MIRABEAU BUONAPARTE LAMAR
Chapter IV
FRONTIER DEFENCE
In order to make clear the policy of Lamar in dealing with the
Indians, it will be necessary to discuss in some detail the methods
used by his predecessors in attempting to keep the peace. It will
not be necessary, however, to give a detailed history of the various
tribes which occupied Texas. It will suffice at this point to say
that the usual classification used during the days of the Eepublic
depended upon the degree of civilization adopted, and the terms
"Wild Indians" and "Civilized Indians" were considered as suffi-
ciently descriptive. Another grouping that was made was the in-
digenous and immigrant, the latter term meaning the more civil-
ized tribes which had come from the United States, and including
the Cherokee and associated bands.
There was an Indian question in Texas from the time that the
first Anglo-Americans began to arrive. For a dozen years after
Austin brought his first colonists to Texas, the chronicles are full
of Indian atrocities. The year 1832, Yoakum tells us, was the
first in which the settlers had not been attacked often by the
Indians, and their failure to attack that year was due to the fact
that the Comanches and Shawnees had had a great