Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1850-08-17

Of the United States, with the same exfent
and the same bcunaries which BELONGED TO
her when IN the actual possession Of the Re-
public Of Mexico and before the late war.
10 the early part of thai war both Calitor.
ma and New MEXICO were conquered hv the
United States, and we're in the military nos
session Of the United States at the date Of the
treaty Of peace. BY that treaty the title By
conquest was confirmed. and these Territories.
Provinces or Departments separated from
Mexico forever, aud BY the same treaty GER
tain important rights and securities were SOL
emnly guaranteed TO the inhabitants residing
therein.
By the Vth article Of the treaty, it is declared
that the boundary line between the two Re-
publics shall commence in the Gulf Of Mexico,
three leauges from land, opposite the mouth
@ the hlo Grande, otherwise called the Rio
Bravo del Norte, or opposite the mouth Of lis
deepest branch, ifit should make more than
one branch emptying directly into the sea ;
thence up the middle of that river, following
the deepest channel, where it has more than
one to the point where il strikes the southern
boundary Of New Mexico thence westward
along The hole southern boundary of New
Mexico. which runs north Of the town called
Paso, to its western boundary termination
thence northward along the western line of
New Mexico until it intersects the first branch
of the river Gila, or if it should not intersect
any branch of that river, then TO the point on
said line nearest to such branch, and thence
in direct line to the same; thence down the
middle Of said branch until it emties into the
Rlo Colorado; thence across the Rio Colora-
do, following the division line between Upper
and Lower California to the Pacific Ocean,
The With article of the treaty is in the
following terms-now established in territories
previously belonging to Mexico, and which re-
mains for the future within the limits of the
United States definitely: "By the present
treaty, the inhabitants shall be free to coutin-
ue where they now reside, or TO remove at
any time TO the Mexican Republic, retaining
the property which they possess in the said
territory, or disposing thereof and removing
the proceeds wherever they please, without
their being subjected on this account to any
contribution, tax, or charge whatever; those
who shall prefer TO remain in the said terrific
Iles may either retain the title and right of
Mexican citizens or acquire those of citizens of
the United States
But they shall be under obligation to make
their election within one year from the date Of
the exchange Of rati6cations of this treaty
and those who shall remain in the said terri
tories after the expiration of that year without
having declared their intention to retain their
character Of Mexicans, shall be considered to
have elected 70 become citizens of the Uni
ted States in the said territories. Property of
every kind now belonging to Mexicans not es-
tablishsd there shall be inviolablY respected
The present owners, the heirs oft these, and all
Mexicans who may hereafter acquire said prop
erty BY contracts, shall enjoy with respect to
i guarantees equally ample, as if :he same be-
longed to citizens of the United States.'
The IXth article Of the Treaty is in these
words: "The Mexicans who, in the territories
aforesaid. shall not preserve the character of
citizens of the Mexican Republic, conformably
with what is stipulated in me preceding ar
ticle, shall be incorporated into the Union of
the United States, and be admitted at the
proper time, to be judged of by the congress
ofthe United States, to the enjoyment of all
the rights of citizens of the United States, ac-
cording to the principle of the constitution !;
and in the mean time shall be maintained and
protected in the free enjoyment of their liber-
~ and property, and secured in the free ex-
ercise Of their religion without restriction
Il is plain. therefore, in the face of these
Tresty stipulations that all Mexieans, estab-
Gshed in territories north or east of the line Of
demareation already mentioned, come within
the protection of the lXth article, and that the
treaty. being a part of the supreme law of the
land, does now extend over all such Mexicans,
and assures 70 them perfect security in the
free enjoyment of their liberty and property,
and in the exercise Of their religion. And this
supreme Law of the land, thus in actual force
over this territory, is to be maintained until it
shall be displaced or superseded by other le-
gal provisions, or is obstrueted or resisted bv
combinations too powerful to be suppressed
by the civil authority. This case is one which
comes within the provision of the law, and
which oblges the President to enforce these
provisions Neither the constitution or the
laws nor my duty, or my oath of Office, leave
me any alternative or any choice of my action.
The Executive Government of the United
States has no power or authority to determine
what was the true line or boundary between
Mexico and the United States, before the trea-
~ Of the Guadalupe Hidalgo; nor has it any
such power now, since the question has been
question between the state of Texas and the
United States. So far as this boundary is
doubtful, that doubt should be removed by
some act of congress, to which the assent of the
state Of Texas may be necessary, or by some
appropriate mode of legal adjueation; but in
the meantime if disturbances or collision arise,
or should be threatened, il is absolutely in
cumbent on the Executive Government, how
ever painful the duty, to take care the laws
be faithfully maintained.
He can only regard the actual state of things
as it existed at the date of the treaty, and is
bound 10 protect all inhabitants who were
then established, who now remain north and
east Of the line of demarcation, IN the full en-
joymeut of their liberties and property, accord
ing to the provisions ofthe IXth article of the
treaty in other words all must now be regard
ed as New Mexico, which was possessed and
occupied as New Mexico, by citizens of New
Mexico, at the date of the treaty, and until a
definite line of boundary shall be established
and by competent authority.
This assertion of duty to protect the people
of New Mexico from threatened violence or
from seizure to be carried into Texas for trial
III n.