territory. As our Army approached Sante Fe (the capital
of New Mexico) it was found to be held by a governor under Mexican
authority, with an armed force collected to resist our advance. The
inhabitants were Mexicans, acknowledging allegiance to Mexico. The
boundary in dispute was the line between the two countries engaged in
actual war, and the settlement of it of necessity depended on a treaty
of peace. Finding the Mexican authorities and people in possession, our
forces conquered them, and extended military rule over them and the
territory which they actually occupied, in lieu of the sovereignty which
was displaced. It was not possible to disturb or change the practical
boundary line in the midst of the war, when no negotiation for its
adjustment could be opened, and when Texas was not present, by her
constituted authorities, to establish and maintain government over a
hostile Mexican population who acknowledged no allegiance to her. There
was, therefore, no alternative left but to establish and maintain
military rule during the war over the conquered people in the disputed
territory who had submitted to our arms, or to forbear the exercise of
our belligerent rights and leave them in a state of anarchy and without
control.

Whether the country in dispute rightfully belonged to Mexico or to
Texas, it was our right in the first case, and our duty as well as our
right in the latter, to conquer and hold it. Whilst this territory was
in our possession as conquerors, with a population hostile to the United
States, which more than once broke out in open insurrection, it was our
unquestionable duty to continue our military occupation of it until the
conclusion of the war, and to establish over it a military government,
necessary for our own security as well as for the protection of the
conquered people.

By the joint resolution of Congress of March 1, 1845, "for annexing
Texas to the United States," the "adjustment of all questions of
boundary which may arise with other governments" was reserved to this
Government. When the conquest of New Mexico was consummated by our arms,
the question of boundary remained still unadjusted. Until the exchange
of the ratifications of the late treaty, New Mexico never became an
undisputed portion of the United States, and it would therefore have
been premature to deliver over to Texas that portion of it on the east
side of the Rio Grande, to which she asserted a claim. However just the
ri