The Madisonian. (Canton, Miss.) 1850-1855, 1850-08-22

civil authorities, it become a case in which
ills the duty of the presidht either TO call
outthe militia Or to empty the military
and naval force Of the Unikd States, or TO
do 10th, if 10 hi siudgmenthe exigeney of
the occasion shall 50 require, for The pur-
pose Of suppressing such 4mbinatioa.
The constitutional duty II the president
is plain and peremptory ; aldthe authority
vested in him by law, for il performances
clear and ample,
Texas IS a State authorised ID maintain
her own laws, so far as they ar not fepug
nant to the constitution, laws dbl treaties
of the United States; 10 supple asa
rections against her authority, aadan aq
ism those who may commitifeason lnst
the Stale, accordipgt to the forms provided
by her own consultation and her avn laws
But alldhis power is local, and onaned
entirely within the limits Of Tex5 berself
She can possibly confer no authors
can be lawfully exercised beyond W owl
boundaries.
All this is plain, and hardly needs aFgu-
ment or calculation. II Texan militia,
Therefore, match into any one The oiher
States, Or into any territory cf the United
States, there to execute or enforce any law
of Texas, they become at that moment
trespassers !; they are no longer under the
protection Of any lawful authority, and are
to be regarded merely as %intruders; and if
within such State or territory they DISTRICT
any law Of the United States, either by
power Of arms. or mere power of numbers,
constituting such a combination as is too
powerful TO be suppressed by the civil au-
thority, the president Of the United States
has 40 option left 10 him, but is bound to
obev the solemn injunction Of the consti-
tuition, and exercise the high powers vested
in him BY that instrument and by the acts
Of Congress. . IS
Or, if any civil posse, armed or unnamed,
enter into any territory Of the United
STATES, under the protection Of the laws
thereof, with intent TO seize individuals TO
be carried elsewhere for trial for alleged
offences, and this posse Be too strong 10 be
resisted by the local and civil authorities,
such seizure or attempt to seize is TO be
prevented or resisted by the authority Of
The United States. IS
The grave and important question now
arises, whether there be in the territory Of
New Mexico any existing law Of the Uni
ted States, opposition to which, or The OBJ
struction Of which. would constitute a case
calling for the iplelposiiiou Of the authority
vested in the president. aa
The constitution of the United States
declares that "lhis constitution and the.
laws Of ths'UDiteds Status, which shall be
made in pursuance thereof, and all the
treaties made, and which shall be made,
under the authority Of the United States,
shall be the aupreme law Of the land" If,
Wherefore; New Me xico be a territory Of
the United States, and if any treaty stipu-
lation be 10 force therein, such treaty slip
Ilationis the supreme law of the land, and
is TO be maintained and upheld accord
iDgly. st
In the letter to the Governor of Texas,
my reasons are given for believing that
New Mexico is now a territory of the Uni
ted States, with the same extent and the
same boundaries which belonged to il,
while in the actual possession Of the Re
public Of Mexico, and before the late war,
10 the early part Of that war both Califor-
MIA and New Mexico were conquered by
the arms Of the United States, and were
in the military possession Of the Upited
States atlhe date Of the treaty Of peace.
BYlhat treaty the li,Iesof conquest was
confined, andthese territories, provinces,
or Departments, separated from MeSico
forever; and by the same treaty certain
important rights and securities were sol
emnly guaranteed to the inhabitants Fesid-
ing therein. asi) sdm
BY the fifth article Of the treaty il is d.
clared, thai "The boundary line between
the two Republics shall commence ii the
Gulfsof Mexico, three leagues from land,
opposite the mouth Of the Rio q rande,
otherwise called the Rio Bravo del Norte,
Or opposite The mouth Of its deepest branch
4 nshould have more than one branch
%emplYipg directly into the sea, from thence
upthe middle Of that river, following the
deepest channel where ithas more Than
one, TO The point where il strikes the south.
err boundary Of New Mexico t6ence
westwardly alongthe whole southern boup.
} diary Of New Mexico, (which runs north
NJ AMAl III NLH 49, L