The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1850-08-14

IF the United States, shall be the supreme
aw of the land" If, therefore, New Mex
co be territory Of the United States, and i'll
any treaty stipulation be in force therein. such
treaty stipulation is the supreme law OF tue
land. and is to be maintained and upheld ac-
cordingly. r-
In the letter to the Governor of Texas my
reasons are given for believing that New
Mexico is now Territory of the United
States, with the same extent and the same
boundaries which belonged TO it while in the
actual possession of the republic 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 military possession Of
the United S tales 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 aud securities were solemnly guaran-
tied to the inhabitants residing therein.
BY the fifth artcle Of the treaty it is declar
ed that
\" The boundary line between the two repub-
lies 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 offs
deepest branch, if 1t should have more than
one branch emptyiDg directly into the sen
from thence up the middle OF that river, fol-
lowing the deepest channel where IT has more
than one to the point where it strikes the south
ern boundary Of New Mexico (Which runs
north of the town called Paso) to It's western
termination; thence northward along the
western line of New Mexico until il iatersects
the first branch of the river ella (or fit should
not intersect any branch of thar river, then to
the point on the said line nearest TO such
branch and thence in a direct line 10 the
same); thence down the middle Of the said
branch and Of The said river until it empiies
into the Rio Colorado; thence across the Rio
Colorado, following up the division line be-
tween Upper and Lower California TO the
PaCliic ocean. "
The eighth article of the treaty is in the
following terms:
''Mexicans now established i'm Ter tories
previously belonging TO Mexico, and which
remain for the future within the limits of the
United States. as defined by the present
treaty. shall be free TO continue where they
now reside, or TO move at any time To the
Mexican republic. retaining the property
which they possess in the said Territories, or
disposing thereof, and removing the proceeds
wherever they please. without their being
subjected; on this account to any contribution.
tax, or charge whatever.
THOSE who shall prefer TO remain in the
said Territories may either retain the title and
| rights OF Mexican citizens or acquire those
of citizens Of the United States. But they
shall be under the obligation to make their
election wilhn.one year from the date Of the
exchange of notifications OF his treaty: ami
those who shall remain in the said Terrific
rics after the expiration of that year. without
having declared their intention TO retain the
character of Mexicans. shall be considered Il
have elected 10 become citizens of the United
States.
In the said Territories property Of every
! kind, new belonging TO Mexicans not estab-
lished there, shall hc inviolably respected
! The presen. owners, the heirs Of these, and
all Mexicans who may hereafter acquire said
property BY contract, shall enjoy, with respect
to il. gdar;ntees equally ample as 1t Ihe
same belonged to citizens of the United
States"
The ninth article of the treaty is in these
words:
| "Thc Mexicans who, in the territories
aforesaid shall not preserve the character oi
citizens of the Mexican republic, coniorm;,-
! bly, with what is stipulated in the preceding
article, shall he incorporated into the Union
of the United States, and be admitted at the
proper time Ito be judged of by the Congress
of the United States) TO the enjoyment ofal
the rights of citizen of the United States, ac-
cording to the principles of the Constitu-
ton, and in the meantime shall be main
tanned and protected in the free enjoyment
of their liberty and property, and secured ia
I The free exercise Of their religion without re-
strction. "
II is plain, therefore, on the face of these
treaty stipulations that all Mexirans estab-
/ lishcd in Territories north or east of the line
Of demarkation already mentioned come with
| in the protection Of the ninth article; and that
the treaty, being part Of the supreme law
OF the land. does extend over all such Mex
leans, and assures TO them perfect security in
the free enioymentSf their liberty and prop
/ erty. as well us nj The free exercise OF their
religion; and this supreme law of the land,
being thus in actual force over This territory.
is 20 be maintained until it shall be displaced
or superseded by other legal provisions; and
! if il be obstrucied or resisted by combua-
lions too powerful TO be suppressed by the
civil authority the case is one which comes
within the provisions OF the law and which
obliges the President 20 enforce these provis-
ions. Neither the Constitution, nor the laws.
nor my oath of Office leaves me any aterna-
/ tive, or any choice in my mode OF action.
! The Executive Government of the Uni
ted States has no power or authority to de-
ternne what was the true line of boundary
between Mexico and the United States be
! fore the treaty of Guadalupe Hidalgo nor
has it any such power how, since the ques-
ten has become a question between the
State of Texas and the United States. So
far as this boundary is doubtful, that doubt
can only be renewed by some act Of Con-
gress, to which the assent of the State of