Weekly national intelligencer., 1850-08-10
lowing the division line between Upper and Lower Caorn.
m he Pacific oreann T--------s

treaty. shall be free to continue where they now resds n Il
remove any time the Mexican republic retaining the
property which they possess in the said Territories or dis
posing thereof and removing the proceeds wherever they
please without their being subjected this any
contribution, tar, or charge whatever.
Those who shall prefer remain in the said Territories
may either retain the title and rights of Mexican citizens
acquire those Of citizens Of United States But they shall
be' under the obligation make their election within
year from the date of the exchange of racaons of this
treaty and those who shall remain in the said Territories
after the expiration Of that year. without having declared their
intention retain the character Of Mexcans shall be cons
dered to have elected become citizens of the United States
"In the said Territories property of every kind be-
longing Mexicans not established there shall be nvoably
respected The owners the heirs Of these and all
Mexcans who may hereafter acquire said property by
tract shall enjoy with respect to it guarantees equally ample
as II the same belonged citizens Of the United States"
The ninth article of the treaty is in these words
"The Mexcans who in the Territories aforesaid shall
the character Of citizens Of the Mexican republic
confomaby with what is stipulated in the preceding article
shall be incorporated into the union Of the United States and
be admitted at the proper time o be judged of by the Con-
gress of the United Sates) the enjoyment of all the rights
Of citizens Of the United States according the principles
the constitution and in the tme shall be maintained
and protected in the free enjoyment Of their Liberty and pro-
pery, and secured in the free exercise of their religion with
out restriction"
is plain therefore, the face Of these treaty spuaons
that all Mexcans established in territories north of the line Of
demakaton already mentioned, within the protection
OF the 9th article and that the treaty. being part Of the
law of the land does extend all such Mexcan
and TO them perfect security in the free enjoyment Of
their liberty and property, well as in the free exercise Of
their religion and this supreme law of the land being thus
in actual force this terory be maintained and
forced until 1t shall be displaced superseded by other legal
provisions and it be obstructed restricted by combna.
tons too powerful to be suppressed by the civil authority, the
case which within the provisions of law and
which obges the President enforce those provisions
Neither the constitution the law, my duty my oath Of
Office leaves any alternative any choice my mode Of
action
The Executive Government Of the United States has
power authority to determine what the line of
boundary between Mexico and the United States before the
treaty Of Guadalupe Hdago; nor has any such power now
since the question has become question between the State
of Texas and the United States So far this boundary
doubtful, that doubt only be removed by Of
Congress- which the Of the State Of Texas may be
necessary, by appropriate mode of legal adjudication
but, in the sme if disturbances collisions arise,
should be threatened, absolutely incumbent the Execu
tive Government however painful The duty take that
tho laws faithfully maintained. And he regard only
the actual Of things existed at the date Of the treaty,
and bound protect all inhabitants who then eab
shed and who remain north and east Of the line Of de-
markaton in the full enjoyment Of their liberty and property,
according the provisions Of the 9th article of the treaty in
other words that all must be regarded New Mexico
which possessed and occupied New Mexico by citizens
Of Mexico at the date of the treaty, until definite line Of
boundary shall be established by competent authority This
assertion Of duty protect the people Of New Mexico from
threatened voence from seizure be carried into Texas
for trial for alleged offences against Texan laws does all
include any claim of power the part Of the Executive
tabsh any civil military government within that Territory
That po,or belongs exclusively to the Legislative depart
ment and Congress the sole judge Of the time and
Of creating authorizing any such Government The duty
Of the Executive extends only to the execution of laws and
the maintenance Of treaties already in force and the proec
ton Of all the people of the United States in the enjoyment
of the rights which those treaties and laws guaranty 1t is
exceedingly desirable that occasion should arise for the
exercise Of the powers thus vested in the President by the
constitution and the laws. With whatever midness those
powers might be executed however clear the Of
sy yet consequences nevertheless follow of which
human sagacity feresee either the evils the end
Having thus laid before Congress the communication Of his
Excelency the Governor of Texas and the thereto
and having made such observations have thought the
occasion called for respecting constitutional obligations which
may arise in the further progress Of things and may devove
be performed, hope shall not be regarded step
ping aside from the line Of duty, notwithstanding that am
that the subject before both Houses express
my deep and conviction Of the popey Of mme
diae decson arrangement, settlement Of the question
Of boundary between Texas and the Territory of New Mex
co All considerations Of justice, general e1pediency and
domestic tranquility call for this 1t to be- in its cha
and by position, the frst of the first Of the
questions growing Of the acquisition of California and
New Mexico, and now calling for decision
No Government be established for New Mexico either
State Territorial until it shall be first ascertansd what
New Mexico is and what her limits and boundaries.
These be fixed known till the line Of division be-
and and weghy conspre in my Judgment
to show that this divisional line sheud be established by Con-
gress with the Of the Government of Texas In the
first place. this by far the prompt mode of pro
eeedng by which the end can be accomplished. II judicial
proceedings resored to, such proceedings would
say be slow, and years would pass by, in all probability,
before the controversy could be ended So great delay in
this to be avoided, possible 1t would be every way
nconvenen and might be the Of disturbances and
collisions
For the reason would with the utmost Difference to
the wisdom Of Congress- express doubt Of the expediency
Of the appointment of commissioners and of examination,
estimate, and award Of indemnity be made by them
This would be but species OF arbtraon which might last
as long a suit at law.
So far able to comprehend the case the general
facts all known, and Congress capable Of de-
Gliding on it justly and properly probably would be
after the report of commissioners.
If the claim Of title the part Of Texas appear to Con-
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