Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-08-16

either retain the title O
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 rat
lifcaons of this treaty. and those who shall remain
lin the said territories after the expiration of that
year without having declared their intention to re-
tain the character of Mexicans shall be considered
to have elected to become citizens OF the u States
In the said territories property OF every description
now belonging to MeXicans not established there
shall be inyolably respected-the present owners,
the heirs of these and all Mexicans who may here
after acquire said property by contract, shall cni0y
with respect it guarantees equally ample if the
same belonged to citizens of the United States
The ninth article of the treaty is in these words
The Mexicans who in the territories aforesaid, shall
preserve the character OF citizens ct the Mexican
Republic conformably with what is stipulated in the
preceding article shall be incorporated into the I'm
ion of the United States and be admitted at the pro-
per time, to be judged of by the Congress of the u
States according the princ pies of the COnstitu
tion and in the meantime shall be maintained and
protected in the free enjoyment of their liberty and
property and secured in the free exercise of their
religion, without restriction.
1t is plain therefore in the face of these treaty
spulations, that all Mexico established in Terrific
res north east of the line of demarkatiOn already
mentioned, within the protection of the Sth
tcle and that the treaty being part of the supreme
law of the land does extend all such Mexicans,
and assures to them perfect security in the enjoy
ment of their liberty and property we'll as in the
free exercise of their religion. And this supreme
law being in actual force this territory is to be
maintained until it shall be displaced or suspended
by other legal provsions and if it is INSTRUCTED or
resisted by combinations too powerful to be suppress
ed by the civil authority the case is one which comes
within the provisions of the law, and which oblges
the President to enforce these provisions Neither
the constitution the laws, nor my daty nor my
oath of Office leave any alternative any choice
in my mode of action.
The Executive Government of the United States
has no power nor authority to determine what was
the true line of boundary between Mexico and the
United States before the treaty of Guadalupe Hdal-
go. Nor has it any such power now, since the ques
ton has become question between the State OF lex
as and the United States. So far as this boundary
is doubtful that doubt can only 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 adjudication
But in the meantime, if disturbances or collisions
arise, should be threatened, it is absolutely ncum
bent on the executive government, however painful
the duty, to take care that the laws be faithfully
maintained and he can regard only the actual state
of things it existed at the date of the treaty. and
is bound to protect ali inhabitants who then
established, and who remain north and cast of
the line of demarkation in the full enjoyment of their
liberty and property, according to the provisions OF
the ninth article Of the treaty In other words all
must now be regarded as New Mexico, which was
possessed and occupied New Mexico by citizens of
New Mexico at the date of the treaty, until defn-
tie line of boundary shall be established by cOmpe
tent 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 for
alleged offences against Texas laws, does not at all
include any claim OF power on the part ct the Exec
utiye to establish any civil military government
within that territory. That power belongs eXclu-
sveiy to the Legislative Department. where Congress
is the sole judge Of the time and manner Of creating
or authorizing such governments. The duty of the
Executive is only to the execution of laws and the
maintenance of treaties actually in force and the
protection Of all the people of the United States in
the enjoyments of the rights which those treaties
and laws guarantee. 1t is exceedingly desirable that
occasion shall arise for the exercise of the powers
thus vested in the President by the Constitution and
the laws With whatever mildness those powers
might be executed or however clear tho of ne
cessity, yet consequences ght nevertheless, follow
of which no human sagacity can foresee either the
evils or the end.
Having thus laid before Congress the communica-
ton of His Excellency, the Governor of Texas, and
the answer thereto, and having made such Observa-
tons | have thought the occasion called for
speeding constitutional obligations which may arise
in the further progress of things, and may devolvc
on to be performed, hope shall not be regard
ed as stepping aside from the line of my duty not
outstanding that | am aware that the subject is
now before both houses if express my deep and car
nest conviction of the Importance of an immediate
decision or arrangement Or settlement Of the CUES
lions of boundary between Texas and New Mexico
All considerations Of JUSTICE general cxpcdiency and
domestic tranquility call for this. 1t seems to be II
It's cnfaCter; anu ny pOS1t1O the nr6t, or one OF tHt
first questions growing out Of the acquisition Of Cal
iornia and New Mexico, and requiring decision
No government can be established in New Mexico
either State Territorial, until it shall be first
f certained what New Mexico is and what are hcl
boundaries These cannot be fixed or known till the
line of division between her and Texas shall be ascer
0 tanned and established and numerous and weighty
reasons conspre, IN my Judgment, to show that this
divisional line should be established by Congress will
the assent of the Government of Texas. In the frs
place. this seems by far the most proper mode of pro
ceeding, by which the end can be accomplished. l
judicial proceedings resored to, such proceed
ings would be Slow and years would pass by, in al
probability, before the controversy would be ended
So great delay in this case is to be avoided if pos
d sible. Such delay would be every way nconvenent
and might be the occasion of disturbances and COLI
# sons. For the same reason would with the utmos
Difference to the wisdom Of Congress- express doub
of the expediency of the appointment of Commission
II ers and OF an examination, estimate, and aware
W of indemnity to be made by them. This would b.
but species of arbitration which would last lOn
" a suit at law. So far as am able to comprehend
10 the case, the general facts all known, AM
Congress is as capable of deciding on it justly an
properly it probably would be after the repor
of the Commissioners The claim of title the par
# OF Texas appears to Congress to be well founded
10 whole in part 1t is iii the competency of Con
gress to offer indemnity for the surrender of he
claims. In like this, surrounded, it is, b
n many cogent considerations all calling for amicabl
70 ment of the United States would be justified in
w opinion in allowing an indemnity to Texas not un
ID reasonable and extravaganza but fair, liberal,
o. awarded in just spirit of accommodation. thin
~ event would be hailed with more qualification
the people of the United States than the amicabl
adjustment of questions of difficulty which have no,
at for long time agitated the country and occupied
b &c IL.