Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-08-09

ted States, by treaty. what we had before acouired b,
conquest The treaty. IN perfect accordance with thu
proclamation of General Kearny declared thar III,
Mexlcans remaining in this Territory should be jncor
poraed into the Union OF the United States and be adj
itleo at the proper time, Ito be Judged of by the Con
gfess OF the United States to an enjoyment of all tn
iShts citizens OF the United States according to thu
principles oil the Constitution "and in the mean TIM
shouio De maintained and protected in the free enjoy
Heht OF Their Liberty and property, and secured 10 th
lree exercise OF their religion without restriction" Tbu
It Will be perceived that the authority of the United
states over New Mexico was the result of conquest
ana Ihe possession held of it, in the first place. was
course military possession The treaty added the title
by cesslon TO the already existing title by successful
achievements IN arms. With the peace, there arose
hatuial expectation that, early as possible there
would come civil government to supersede the mill
tay but untll some such form of government should
coue lhto existence 1t was matter of absolute necess
W 'hat the military government should continue as
otherWse the country must fall into absolute anarchy
Nuo tns mas Deen the course generally in the practice
OF civilized nations when colonies or territories have
| by treaty.
W. he military government therefore, existing in New
mexico at the date OF the order existed there of neyi-
table necessity 1t existed much against the will OF
| the Executive Government OF the United States as
against the will OF the people The late President had
ADOPTED the opinion, that was ustfabe in the people
Oh 'e territory, under the circumstances, to form
constitution OF government without any previous au-
thofy conferred by Congress, and thereupon to apply
lof ADMISSION INTO the Union. 1t under this state of
tnngs ana under the influence OF these opinions that
the order Of the 18th November last was given and
executed in the manner we have The order nd-
Gates no boundary, and defines territory except BY
the name OF New Mexico; and SO far as that indicated
any thing, referred to known territory which had
oee organized under military authority, approved by
the Executive and left without remonsrance or altera
uo ny congress for more than three years. 1t appears
10 the PRESIDENT that such order could not have been
intended to invade the rights OF Texas
secondly, you ask whether the proclamation of Col
unfoe meets with the approval Of the President of the
United States.
10 determine this question, it is necessary to look at
le oect OF the proclamation, and the effect OF the pro-
ceedlngs had under it. Ii the object was to assume the
authority TO settle the disputed boundary with Texas
then the President has hesitation saying such OBJ
ect does not meet his approbaon because he does not
believe that the Executive branch of this Government
or the inhabitants OF New Mexico OF both combined
nave any constitutional authority to settle that question
nat belongs either to the judicial department OF the Fe
ueta Government, or to the concurrent action by agree
legislative departments othe Governments of
tne United States aud Texas. But it has been suf-
GENTLY shown that Colonel Munroe could have had no
suc opect and that his intention merely to act in
ald OF the people in forming State constitution to be
submitted to Congress Assuming them that such a
constitution has been formed what is its effect upon the
disputed boundary? If it comproms the rights of Ell
er party to that question, then it does the
PRESIDENTS appreciation for he deems it his duty to leave
tle settlement OF that question to the tribunal to which
It constutionay belongs 1t is sufficient for him that
TINS boundary is in dispute That the territory east of
the Rio del Nore seems to be claimed in good faith
Doth by Texas and New Mexico or rather bv the
United States. Whatever might be his Judgment in re-
ead to Their respective rights, he has power to de-
eae upon them OF even to negotiate in regard to lhem
and therefore would be improper for him to express
any opinion. The subect-matter of dispute is be-
tween the United States and Texas and not between
the inhabitants of New Mexico and Texas. If those
people should voluntarily consent to come under
the jurisdiction of Texas, such consent would not
bind the United States to take away their title to
the Territory. So, on the other hand, if they
should voluntarily claim the title for the United
States, 1t would not deprive Texas Of her rights, |
whatever those rights might be. They only be |
alected by her own acts or judicial decision. The
legal validity until it recognised adoted hv The
le"-makmg power ofthe s3nited States. Until that's
zone II mas ne sanction and can have effect upon
the rights ofTexas, OF the United States 10 the ter
TItory IN dispute. And tits not to be presumed that
congress will ever give its sanction to that constitu
ton wthoattirst providing for the settlement of this
or State, can be formed for New Mexico without pro-
vdlng Tor settling this boundary. Hence he rega DIS
the formation OF this State constitution as mere nnI-
lily. 1t may be regarded indeed as petition to Con-
gress to be admitted States but until CONGRESS |
shall grant the prayer of such petition by legal enact
nents it affects the rights of neither party But as it
Is t te fisht OF all to petition Congress for any law
which it may constulionally pass this people were in
the exercise OF common right when they formed their
constitution, with view Of applying to Congress tor
aomlssion as State; and as he thinks the act can pre-
JUDGE no ONE he feels bound to approve of the conduct
OF COL Muuroe. in issuing the proclamation
am directed, also, to state, that in the Presidents
opinion 1t would not be Just suppose that The late
President desired manifest any unfriendv attitude mr.
aspect towards Texas or the claims of Texas The |
boundary between Texas and New Mexico was known |
to be disputed; and it was equally we'll known that |
the Executive Government OF the United States had no
power to settle that dispute. 1t is believed that the
Executive power has not wished- certainly does not
now wls-to interfere with that question: in any man
ner whatever, as question OF title.
IN one OF his last communications to Congress- tina
OF the 18th OF June last the late President repeated the
declaration that he had no power to decide the question
OF boundary and no desire to interfere with it and
that the authority to settle that question resided else
wfefe' he object OF the Executive Government has
peen, as believe, and as am authorized to say it GER
fanny now IS to secure the peace Of the country to
haIuan as lar as practicable the state OF things as it
existed at the date OF the treaty and to uphold and pre-
serve the rights OF the respective parties as they were
under the solemn guarantee of the treaty until the high
~ interesting question of boundary should be finally
settled by competent authority. This treaty which il !
now supreme law OF the land, declares, as before |
stated that The inhabitants shall be maintained and pro-
teceu In the Tree enjoyment OF their liberty and proper-
~ ana secured IN the Tree exercise of their religion 1t
WILL OF course be the Presidents duty TO that this
law sustained and the protection which it guarantees
made etiectua-and this is the plain and open path of
Executive duty, IN which he proposes to tread.
Other transactions OF very grave character are al
uded to, and recied in your excellency's letter To
those transactions, now directed more particu-
Larry to advert because the only questions propounded
by you respect the authority under which Col Muuroe
acted and the approval disapproval of his proca-
nation. Your excellencys communication and the
answer will be Immediately laid before Congress, and
the President will take that occasion to bring to its no.
tice the transactions alluded to above.
it is known to your excellency, that the questions
growing out of the acquisition of California and
New Mexico, and among them the highly impor-
tant one of the boundary OF Texas, have steadily
engaged the attention of both Houses ofConggress for
many months and still engage with intense interest
Is understood that the Legislature of Texas will be
shortly in session, and will have the boundary question
also before it. 1t is delicate crisis our public at
fairs, not free certainly from possible dangers but et
us confidently trust that justice, moderation patriotism
and the love OF the Union, may inspire such counsels
both in the government OF the United States and that
OF Texas as shall carry The country through these dan
gers, and bring it safely out OF them ALL Aud with re-
neWed assurances OF the continuance of mutual respect
and harmony in the great family OF States,
have the honor to be, with entire regard your ex
eellencys most obedient servant,
DANIEL WEBSTER,
Secretary OF State.
Mr. BAYLY said that he had moved to refer the mes
sage and the accompanying documents to the Commit
zee OF the Whole on the state OF the Union because he
knew that discussion upon them would obsruct other
business He wished the subject 10 be discussed in com
ntee where there was latitude OF debate nor would
there be any considerable delay adopting this course
as the papers could be printed before Tomorrow or