Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-15

Hdalgo. and had admitted By Coueres: as State our
constitution would have afforded the obtaining adj
)usment OF the question OF boundary with Texas judicial
decision At present. however, no judicial tribunal has the
power of deciding that question: remains for
to devlse some means Tor its adjustment Meanwhile, sub
init to Congress the question: whether would be expeden
before such AL establish Territorial Govern
men which, BY including the district claimed, would prac
ticay decide the question adversely to the State Of Texas or
excluding it, would decide in her favor In my opinion
such course would not be expedent, &c.
Here seems to be assumed that it the duty Of Congress
ito devise some means for the adjustment Of the line be-
tween Texas and New Mexico and I'LL that adjustment takes
place. y recommended that be established
lest such an establishment should "pracicay decide the
question" at issue.
Now, Mr. President Congress is utterly poweress in this
matter except so far it may make accept propositions
for compromise between Texas and the United States.
The boundaries Of Texas just much beyond the reach
oil the National Legislature the boundaries Of Virginia
or any other State of the Union. An obligatory decision Of
such question only be made agreeab the message
by the Supreme Court and then only when arises between
two States and not when arises between State and the
United States acting for Territory In the latter case the
parties are wholly Independent of each other and c0mpr0
mise presents the only practicable of adjustment be-
tween them No other mode Of adjustment be deued
and seems that when the Executive presented the subject
Congress- would have been better to recommend such
plan OF adjustment rather than to leave the controversy nde
hnitely open, and the country without government.
But sir there is still serious objection to this
than the failure to recommend specific action to Congress
The recommendation is do nothing If read the const
tuition rightly the duty of the Executive is to communicate
information to Congress concenng the state of the Union
and to recommend their consideration such
he shall judge necessary and expedient."
Instead OF the recommendation have received being
for the consideration of measures ii is that be
considered adopted this subject Of Territorial govern
ments admits the power of Congress- but advises that
this constitutional power be left unexecued. In what clause
OF the constitution found that the President has authority
10 advise Congress not Of its duties when the
occasion arises, have been utterly unable to discover
neither see its existence nor oresee all its consequences
one constitutional duty may be omitted and that too, with
the express sanction Of the Executive who tell how far
this principle of legislative inacon may go. and what other
OF the country may become the sport of chance
instead of being directed by wisdom and experienced Little
gained in the management of national affairs by yielding
great duty to the pressure Of temporary circumstances
shall not pursue this topic, s though it is fruitful in reec-
TONS but will merely remark that the powers OF the Govern
ment granted to meet the exgence of the country, and
to meet them in the mode provided in the constitution To
do nothing, when such exgences arise is neither to fulfil
own duties to exercise just forecast which s aware
OF impending difficulties, and seeks to obvae them by pru-
dence and 6rmness.
But for myself sir do see the difficulty which the
President apprehends Under any aspect declaration
ing all Interior rights would prevent any conclusion being
drawn adverse to Texas from act Of legislation merely
providing temporary government for people just passing
under the dominion of the United States The Presidents
however, recommends to not to establish Territorial Go
in New Mexico because that measures by nclud
ing the district claimed would practically decide the ques
ton adversely to the State Texas by excluding it would
~
affect the rights Of Texas, practically speculavey IT.
indeed acknowledge her jurisdiction the Rio Grande
there is of course, end of the question: as being one Of
the parties, we have full authority TO recognise her claim
But should undertake, in the establishment of Ter
roral Government expressly to carry its boundaries
the Rio Grande how is it possible that such STEP taken by
of the parties would decide the question adversely to
the other We have just much authority, by act Of
Congress- to decide question between the United States and
the British we have between the United States
and Texas.
But sir, there is very obvious mode Of avoiding any i'm
proper interference with the claims of Texas and that is the
very mode provided in the bill. does undertake de-
fine her western boundary by defining the boundary
Of New Mexico 1t leaves that question for amcabe adjust
ment and if that cannot be brought about for such Interior
settlement constitution provides 1t therefore decides
no claim adversely auora6y specuapey practically
But it wisely offers liberal terms to Texas in the hope-a
founded one trust-that these will be accepted, and
this controversy terminated without further difficulty Should
they not neither party be injured by the establishment of
these local temporary Governments Texas will retain all
her rights, and New Mexico will acquire The
latter will possess legal nstead Of doubtful ORDER actual
disorder. How far it shall extend is question cannot
anthortativey settle but far as does co. will be
great benefit leaving to the parties all their just rights thus
removing the objection action stated by the President that
such action would practically decide question which we
have right to decide.
But sir in this brief examination of the objections Of the
Administration the establishment Of Government for New
Mexico what becomes Of Utah, removed thousand miles
any travelled route from the western boundary of Texas
Wnee tneIe neltnef
been any Mexican laws TO justify inaction These
grounds of opposition to our legislation utterly nppca
bic to that region the given for reconcng
sit still and to do nothing.
There is " district claimed" by Texas TO be found
there, and therefore question of Jurisdiction to be decided
avoraby unfavoraby by action Nor do the people
OF this Territory still enjoy the benefit and protection of their
municipal laws originally received from Mexico Nor have
they military force stationed there to protect them from
the Indians, which is Of the ESPECIALLY urged
In the message why "such he establishment of
territorial governmen) would not be expedient do not
understand how in free country like this, the presence of
an armed force should reconcile Congress to the omission of
its constitutional due the people to the absence Of eg
curson there is the duty of the Executive to afford pro-
lection by adequate force but this duty wholly indie
pendent Of the question Of civil government and it's perform
ance affords just compensation for any neglect in the esta
bhshment Of political institutions
But though this objection to legislation is most prominently
stated in the Presidents California message, there is still
another which is also presented and which Of should
meet with our consideration
Seeing, then, (says the President that the question
which exctes such painful sensations in the country WILL
the end certainly be settled by the silent effect Of
independent of the action of Congress- again submit your
wisdom the policy, recommended in annual message, of
awaiting the salutary operation of these causes believing we
shall thus avoid the creation of geographical parties and
the harmony Of feeling necessary to the beneficial
ton of our political system"
In the annual message here referred the policy of egs
atve nacton is recommended solely the ground that
thereby in consequence of the necessary action of the people
themselves, Governments would be established, and a
of uneasness avoided and confidence and kind feeling
preserved The objection to Legislation, founded the
Texan claim which occupies prominent place in the
second message is altogether unnoticed in the FIRST Why