The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-08-07

these Of citizens of tho United st4tss bat they shall
unoer Obligation 10 make their election within ola
year nom me Date II the sxeh OF raheaious OF
the trssty ana those who sha ,in la Ia. said ter
rtori.s stter III. piraton OF that year, Without
having declared their intention 20 retain the eharac
ter Me,icans shall he under~d to have elected to
become eitztn OF the Uuiet states the said ter
ritores property OF every kind beioug'ng Max
not there shah be- uViol,biy peeted
tn present owner the heirs OF these and al Mszcsns
who may b,r.after acquire sad property by conrast,
shall enjoin, with respect 20 it, guarantees equally
smple - II the zane belonged TO tue citizens OF the
United states The 9th article OF the treaty u in these
Words TIE heIicans who in the territories aore
said shall not preserve tn. character of cEsna OF the
hrIesn republic, couformably win what il stipulated
10 the reo,cing article. shs b. incorporated into the
Union oi the United states and be admitted at the
proper time. to be judged Of by tue Congress Of the
Upeo ~ stes to the enjoyment OF all the ri hts of
Of the United States according to the prin.
cipe Of the constitution; and in the meantime shall
be maintained and projected In the fcee enjoyment
OF Their liberty aud property aud secured IN the tree
exercise OF their religion without RESTRICTION" 1t is
plain therefore the face of these treat stipus-
tens that all nexeans estsblisnst in territories
esinslih north or east Of line of demareation
slr ady mentioned within the protection OF the
9th article and that the treaty being part OF the
supr,me Law Of the land exteuds over all such
d. aoans and to them perfect security In the
tree enjoy OF their liberty aud property, and ia
the free exercise OF their religion; aud this supreme
Law OF he land thus la actual force this territory
IL to b. MAINTAINED until 1t shall bs displaced super
teoed by other legal provisions, aud ft IL ootrueted
or resisted by combinations too powerful to be sup
pressed by the civil authority the case is which
comes within the provisions OF the Law. and which
obhees the President to enforce these provisions.
Neither the constitution nor the laws. nor my duty or
my oath of Office leave any alternative or any
choice Of my action The Executive government
of the United states has power autho-
Gary between Mexico and the United States,
before the treaty Of Guadalupe hidalgo, nor
has 1t any tuch powers since the question has
become question between the State Of Texas aud the
United States SO far this boundary is doubtful,
that doubt should be removed by some act Of Congress-
TO which the assent of the State of Texas DO
necessary or by some appropriate mode illegal adud
cation but, 10 the meastims disturbances or col
lsioR arise should be threatened is absolutely in
cumhent on the executive governms mt, hosever pain
ful the duty, to take the laws he faithfully main
tanned He regard only the actual state of things
it existed the date Of the treaty and Is bouHi to
protect all phabtants who we're then established, aud
who now remain north aud east Of the line of de-
msrsstion in the full enjoy their liberties and
property according tothe provirsns OF the ninth srt
Gle Of the treaty-in other words, all must bs
garded as New Mckee, which possessed and
pied as New Mexico by the citizens of New AexJo ut
the date Of the treaty until deans line OF b. larry
shall be established and by competent authorty this
assertion Of duty to the people OF New Mexico
from threatened violence, or from seizure to be
against Texas laws, does not at all Include any
claim Of power the part Of the Executive to estab
lsh any civil or military government within that ter
ritory That power belongs exclusively to the egis-
latve department. and Congress Is the sole judge of
the time and manner of creating such government
The duty Of the Executive only be the execution of
laws and the of treaties actually In force
and the protection Of all the people OF the United
States in the Of the nights which
ties and laws guarantee 1t is exceedingly desirable
that occasion should arise for the exercise OF the
powers, thus vested in the President by the consti
tuition and the laws, with whatever mildness those
powers might be executed, or however clear the
Of necessity; yet consequences might nevertheless.
follow aud which human sagScity foresee either
the evils the end. Having thus laid before Con-
giess the communication Of his Excelency, the
Governor Of Texas and the answer thereto and
having made such observations as I have thought
the occasion called for concerning the consti.
tutionsl obligations which may arise in the ~
turs progress OF things, and may devolve on me
to b. performed, l hope shall MT be regarded as
stepping aside from the line OF my duty Notwh
ing that am that the subject is before
Of the importance OF an immediate decision, or
arrangement, or settlement Of the question Of the
boundary between Texas and the territory Of
New Mexico All considerations OF justice gen.
er.l expectancy, and domestic tranquility cali for
this 1t to be in its character and by position
the first. Of the first Of the questions gro wing
out Of the acquisition of California and New MsXico
bished for New Mexico either State or tory until it
ehal nrst be ascertAined what New Mexico IT, and
are her limits ana boundaries These cannot be nxed
or known, till the line Of division between her and
Texas shall be ascertained and stablished and nu-
merous and weishty cOpspire in my judgment
TO show that this divisional line should be established
BY Congress- with the assent OF the government Of
Texas In the nrst place this seems BY far the most
Accomplished II Judicial proceedings were rs s
to- such proceeding: would necessarily be allow, and
would pass By, in all probability before the
is to be avoided pessibs delay would be every
wsy inconvenent, and might be the occasion Of dis
would, with the utmost Difference to the Wis |
dom Of Congress, express a doubt of the expe-
Of an examination, estimate, and award Of in
dsmnty, to be made BY them This would be |
but species Of arbitration which might last ~ long
as suit Of law 30 far 1 AN able to com prshsnd
the general facts all known, and Congress 10
as capable Of deciding on Justly ana properly .ow,
The claim Of title on the part |
Of TEXAS appears 70 Congress to be veil
pstsScg of to or an for IN.
surrender Of that claim, In = case Ike this, sur
roubded as IL is BY many ecsent combinations, |
diste settlement. The government Of the United 1
stsies would be justified, in my opinion In allo~ing
CANT, but fair liberal awarded in Just spirit Of
nc &C mmodation think no event would be hailed /
With more qualification by the people of the United
ststss, than the annie sable adjustment of qu.s-
lions Of difficulty, yAieh have nos, for a long
lime, .sits,ed N eustry, and occupied, to
the exclusion Of the and attention
Of Copgrepe Having Sas freely communicates the
result OF my reflections the most advisable
nods Of adjusting the boundary question shal, no
which the wisdom Of Congress may device; aud In
conclusion repeat my conviction shst every sonsie
Df provision by Congress OF settlement OF th boun
tary question. before The present session be brought
o close The sttemsnt Of Their questions connected
greatly to be desired but the adjustment Of this
bears 40 me to BE- in th. highest degree important In
be train Of such an sdjusim.nt, va nay we'll hope
here will follow return Of harmony and good ~i an
ncr,s,td attachment TO the Union, and the general
stisfsetion Of this country
nILLARD FILLMORE
wssurSoros, August Q, 1850.
urrR mon rnr eovrssoR or rrrIs TO rss PaEsi.
EHEcurrK DErAsrnsST, ArsrIy TxT.s
june Ia 1850.
70 His Eseslisnoy a. Tsplor, Prsr1e-f IF hs Unaisd
States
sR by authority Of th. Legislature Of Texas the
executive OF the state In February last despatched
peeial eomnissiener, ~,ih tut poser and instrae-
'vsr the uusrganizsd ccunties OF III raso Worth, |
'reficio and santa be stuaicd It, north vest
IN limits. That csmmisfioner has reported TO me,
n Official form, that the military ofns-rs sm- 1
he's I'd the service Of the United states stationed
u Santa We, tntsrpossd adversely with the inhab-
tspis Go the fultimsnt Of hs object. by employing
influence IN favor uf the eftab aet Of separate
'tate sov.rnm,ut east Of ths Rio OrAn1e, AL within
he iishtful lnlits Of the STATE Of Texas traosni.
o you herewith tue proclamation ~ Col. John Non