Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1850-08-16

galnSt her authority, and to punish
those who may commit treason a.
gamst the State, according to the
forms provided by her constitution
and her own laws.
But all this power is local, and con
fined entirely within the limits of
Texas herself. She can possibly con
fer no authority which can be law
fully exercised beyond her own boun-
daries.
All this is plain, and hardly needs
argument or elucidation. If Texas
militia, therefore, march into any one
Of the other States, or into any ter
ritory of the United States, there to
execute or enforce any law of Texas,
they become at that moment trespas-
sers; they are no longer Under the
protection of any lawful authority,
and are to be regarded merely as in
truders; and if within such State or
territory they obstruct any law of
the United States, either by power
of arms or mere power of numbers,
constituting such combination as is
too powerful to be powerful to be
suppressed by tho civil authority, the
President Of the United States has
no option left TO him, but is bound to
obey the solemn injunction of the
Constitution, and exercise the high
powers vested in him by that instru-
mcnt and by the acts of Congress.
Or if any civil posse, armed or un-
armed, enter into any Territory of
the United States, under the protec-
ton of the laws thereof, with intent
to seize individuals 10 be carried else
where for trial for alledged offences,
and this posse be too powerful to be
resisted by the local and civil author
ltIcs, such seizure or attemptt to seize
is to be prevented or resisted by the
authority of the United States.
The grave and important question
DOW arises, whether there be IN the
territory of New Mexico any exist
ing law of the United States, oppo-
stion to which, Or the obstruction of
which, would constitute case call
ing for the interposition of the au-
tEority vested in the President
The Constitution of the u. States
declares that ''this Constitution and
the laws Of the United States, which
shall be made in pursuance thereof,
and all the treaties made, or which
shall be made, under the authority of
the United States, shall be the SUI
preme law of the land" If, there
fore, New Mexico be a Territory of
the United States, and if any treaty
stipulation be in force therein, such
treaty stipulation is the supreme law
of the land, and is to be maintained
and upheld accordingly.
In the letter to the Governor of
Texas, my reasons are given for be-
lieying that New Mexico is now
Territory of the United States, with
the same extent and the same boun-
diaries which belonged to it while in
the actual possession of the Repub-
lie of Mexico, and before the late
war. In the early part of that war,
both California and New Mexico
were conquered by the arms of the
United States, and were in the mill
tary possession 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; and by the
same treaty certain important rights
and securities were solemnly guaran-
tied to the inhabitants residing there
id.
BY the fifth article of the treaty it
is 6eclnre1 that
"The boundary line between the
two Republics shall commence in the .
Gulf of Mexico, three leagues from
land, opposite the mouth of the Rio
Grande, otherwise called the Rio
Bravo del Norte, or opposite the
mouth of its deepest branch if it
should have more than one branch,
emptying directly into the sea; from
thence up the middle of that river,
following the deepest chan ell where
1T has more than one, to the point
where it strikes the southern bounda-
" of New Mexico thence west
wardly along the whole southern
boundary of New Mexico, (Which
runs north of the town called Paso,) !
to its western termination 4; thence
northward along the western line of
New Mexico, until it intersects the |
first branch of ihe river Giia, (or If il
should not intersect any branch of |
that river, then to the point on the
said line nearest TO such branch, and
thence in direct line to the same;)
IL il Al n