The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-08-21

States. Bot they shall be under the OBJ
legation 10 make their election within
one rear from The date Of The exchange
of ratification Of This treaty and those
who shall remain IN The said Territories
aier The expiration Of that ear, without
having declared their iniension 10 retain
the character Of Mcxieans. shall be con-
sidered 70 have elreiedto become Citizens
Of The United States.
.lfihe said Territories. property Of
every kind, now belonging 10 Mexicans
not established there, shall be inEiolabIy
respected. The present owners. the
heirs ofihese. and allMexicans who may
hereafter acquire said property by con-
tract, shall enjoy with respect 10 il guar
anlees equally ample as IL The same be-
longed TO citizens Of The United Siaies."
The ninth article Of the treaty is IN
these words:
.The Mexicans who, in the Territories
aforesaid. shall not preserve the chanc-
ter Of the citizens Of the Mexican Re-
public, conformably with what is slipu.
lated in the preceding article, shall be
incorporated into the Union Of The Uni
; Ted States, and he admitted at the prop
er time 10 be adjudged Of by the Con.
gress Of the United Siates) 10 the enjoy
ment Of MI The rights Of citizens Of the
United States, according 10 The princl-
Piles Of the Constitution aud in the mean
Tine shall BE- maintained and protected
IN the free enjoyment Of their liberty and
property, and secured in the free exer.
else Of their religion, without reslric-
;tion."
Ii is plain, therefore, on the face Of
these treaty stipulalions, that all Mexi.
cans established in territories north OF
cas, Of the line Of demarcalion already
mentioned, come within The protection oi
the ninth article: and that The treaty,
being part Of The supreme law Of the
land, does extend overs all such Mexlcans,
and assure to them perfect security in
the free enjoyment OF their liberty and
property, as well as in the free exer.
else Of their religion ; and tins supreme
law Of The land beng thus in actual force
over this Territory. is TO be maintained
until il shall be displacrd or superse.
ded by other legal provisions, and IL i
be obstrucled or resisted by combinations
loo powerful TO be suppressed by the
civil authority, the case is one which
comes within the provisions Of law. ant
which obliges the President 10 enforce
these proSssions. Neither the Consiitu
ltion or the laws, nor my duty or my oati
of office, leave me any alternative, or any
choice, in my mode Of action.
The Executive Government oil the
United States has no power or authority
to determined what was the true line o
boundary Of the u. States before th'
treaty OF Guadalupe Hidalgo, nor has !
any such power, now, since the question
has become a question between the Stat'
of Texas and the United States.-So fal
this boundary is doubtful. that doubt cat
only be removed by some act OF Con
crcss, to which the assent of tho State o
Texas may be necessary, or by some ap
proprla,e mode Of legal adjudication; bu
in the mean time IL disturbances or col
lisions arise or should be threatened, j
is absolutely incumbent on the Execu
tive Government, however painful th'
duty, to take care that the laws be iaith
fully maintained !: and he can regard on
, Nv the actual state Of things as il existed
at the date oil the treaty, and is bound I
protect all inhabitants who were then cs
. tablished, and who now remain nortl
: and east of the line Of demarcation, il
the full enjoyment Of their liberty am
: property, according TO the provisions
: the ninth article of the treaty; in othe
? words, all must be regarded "a Ne,
4 Mexico by the citizens of Mexico at tn
e date Of treaty until definite line
e boundary shall be established by comps
a tent authority. THIS assertion Of duty
n protect the people Of New Mexico froI
S threatened violence or from seizure, to
carried into Texas for trial for allege
o offences against Texan laws, does not ;
e all include any claim Of power on Ii
L part Of the Executive TO establish an
c civil or military government within th'
b territory. That power belongs excl
g sively to the Legislative department, an
e Congress in the sole judge of the tin
l. and manner Of creating or authorizir
/ any such governments.
/ The duty Of the Executive extends
+ the execution Of laws and the mainte
ance of treaties actually in force, al
n protection Of all the people Of the Unite
States in the enjoyment Of the righ
l. which those treaties and laws guara
ID ty.
le II is exceedingly desirable that no
le casion should arise for the exercise
le the powers thus vested IN the Preside
at by the Constitution and the laws. wi
e. whatever mildness those powers mig
IS be executed. or however clear the ca
,f, Of necessity. yet consequences mig
ar nevertheless follow, Of which no hum