Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1850-08-15


said tiver until IL empias tho RIO Colorado; thenee
sc,uss tho RIO CrIado llnwiec The division line b..
tween Upper and Lower CalIffnia 10 tie Pacific u
Gear 4"
The cich nfile oftheirpaiy s in The f,lawng terms
"Mp,irans now established in Territories previously
hehnging IN Mexico md which remain II The fu'He
within the limits ~ the In ted States. ss defined by The
present treaty shall he fee 10 courInnr where they now
reside. a. any time :" The MEXICAN iternb.
r retaining tie property which they p'ssess IN the SAID
Territories. or di-pnsng thereof and r"mnslng The pm
rees whrcve' they please" without their being subject
ed this account any contribution, tax, OF change
whatever.
'rho.e who shall prefer remain in he said Terrific
res msy either retain he title and rlghs Il MeNicah
acquire those II citizens OF the United Staes
But they shall he under the legation 10 make Their eec
ton within year from the date nf the exchange II
mlfratons Of this treaty, and III 81 who shall r'n7ln
IN he said Territories after the expiration oi that year.
without having decl nd their intention 10 fealn tn"
chnrar u MNcaus shall be considered 10 have elect
ed Ia b.cnfne czins IT ,he tGited States.
'In tie ssd Icrtit rrs pr,periy # every kind now
hcunging MrxcanS nnt esab ished there, shall he IN
vioaby resp ct6. The present owners, aud heirs 81
these. and al Mcxcss who may heteat -f acquire said
prop riy by contract. shall enjoy with respect 10 guar
snes equally ample. II the sam belonged tn citizens
Of The United Stalrs."
The ninth article If he frosty is IL these wotds:
1.-The MrXclss who in the 10 rio'Irs afur SAID shall
mol preserve the character Of citizens # the M"Scan lie
puhlr, c,nfiruaby wilh what Is stipulated N the pre-
crrdinp article shall BE- ncp,raed into III. Union # The
United Staes and he admitted nj ihr proper tim" Il be
Judged uf by the Congress # the United States IL The
rnJymen' oi oil he fghrsofc tzrns Of the United States
acndny to the principles 81 the Constitution; and IN the
m'an,me shall be maintained and pr tected IN the fee
enpymnt Of their bery and property. and secured IN
tie free sye'cisc # their religion, without restriction
II IS pai, thcrrffe the face of these treaty stph
latnns that all Mcycnns established 10 rritnrs noth
or east The line Il demarkallnn already mentioned, come
within the proeclion 4 the ninth article, and that the
treaty. being part Of lhr supreme law Of the land. docs
extend all such Mrxicans, and assures 10 them per
feet security in the free enjoyment If their liberty and
property well as in the free exercise Of their religion;
aud this supreme law Of the land being Thus - arnal
rcc his territory be- maintained until II shall
be- displaced superseded by other legal prov slons and
II It he obsruct or restd by mhinaiions ton pwrr
iu Ia I've suppressed by the civil authority .he IL
which thin the provisions of the law aud which
oblg's the President IN enforce these provisons. Ne-
thor the constitution, nor the laws, NY duty nor
oath Of Office leave any alternative, any choice III
my mode T nc ION.
The Executive Government Of he United Saies has
power auth riiy to determine what the true
i If boundary between Mexico and the Uuiird States
before The treaty Of Guadalupe Ildagn, has IT any
such since the question has become question
between The State Of reyas and the United Siat,s. So
far as this boundary IL doubtful. that doubt only be
removed by act OF Congress To which the assent Of
III" Sac e IeS,s may be- necessary by appin.
pirate mode OF legal ndjudcaton hut in tho meantime If
dls'mrhnnc's collisions arise should be threa ened, it
IL absolutely incumbent the Executive Governmcat,
however, piuf the duty. take care that the laws he
iniihtny manained and he regard only the actual
state OF things 1t existed the date Of he trpriy, and
u bound To protect all nhahi who were then esab
'lfd ana who now remain north aud east If the line Of
narration, 10 The foil enjoyment of their liberty and
property according To the provisions of the 9th Article o
the treaty; in other words, all must b. now regarded
IA esnn Il ,,,,,. 4 No,
M'Nro by citizens Of Mexico the date of treaty until
dohn" line o boundary shall he established by compe
tent authority. This assertion If duty to protect the PEG
pie ct New Mexico from threatened volencr f. IN
znrc To be carried into Texas fr trial for alleged oIan
eos against Texan hws does Al all include any claim
ct power on the part of the Evrru i've establish any
civ'l or military cover m'nt within that Territory
fhf p0cer belongs exclusively to the legislative depart
mrnt, and Congress the sole udge Of tho time and
manner 81 creating authnsing any such government
The duy Of the Execu i've extends only TO The cxecn-
non % laws aud the maintenance m rentcs actually in
lTcr, aud the protection Of all the people Of the United
states IN the cnyment OF the rights which these toacs
and laws guarantee
II exceedingly dcsnhc TIM, occasion should arise
Tor Tho exercise Z" III" powers thus vested 10 the Presi
dent by the Constitution AMI the laws. With whatever
ml'dnrsS iao'e powers might be executed or however
GEAR me case ut necessity, vet consequence might
'ti'lesS hollow, 4" which M human sagacy torcs,e
either the evils ny the end
'iaVlne mus lid before Congress communira ion nf
his F>cccnry the Governor If Texas ard the answer
therein, aud having nude such ohserva ions rs have
honph tho occasion called fr respertiug constitutional
nhl'g''rs which may aSo in thu further progress IT
'h'nls, aud may devnlve on To he performed hope
shall n be regarded stepping aside from the line of
my duty. Notwithstanding that am aware tina, the snh
jet Is now before bath Houses II express my deep and
earnest conviction Of the importance ~ immediate de-
c'oh, or arrangement, settlement of The question of
boundary bctwen Texas and the territory If New Mex
"" Az considerations OF justice general expedency
and domestic tranquility call f. this Ii seems To be
IN 'is character and by position the fret, or one Of The
hfsl o the questions owing ont uf the acquisition of
california and New NJ xlco anl now requiring dccis-
ION.
NO government can be established for New Mexico
eher STATE ~ Territory, until II shall be first ascertain
ed what New Mexico u.s. and wha, are her limits and
oonndatles These cannot he fxcd or known TIL the
'ne ofdvlsIon tween her and Texas shall be ascer
tanned and established and numerous and w.iolv re,
sons consp1e IN my Iudgmcn', show that this dvis
mnal lno sh nd be- established by Conoress with the
ascot # the If Texas IN the first place
,"S seems by Tar the most prompt mode Of preceding
ny Wh'ch me end can he pNhed II jnd ci prp-
cef"i'g| Were resored t., such proceedings would ne
'sSav be slow, and years would pass hy in all proba
nty before the controversy could be ended So gteata
"ohy IN 'h,' ca'eIs I" he avoided. If possible. Such
cay would b. every way inconven.nt and night be
'he occasion ct disturbances and collisions. For the
same reason would. with the utmost Difference 10 he
"Nun OF congress, express doubt Of the .xpedlency
VI 'e appointment Of cnmmi- snners, and Of
'on es Innate and an award uf idrmnity 10 he ALE by
them, This would he but species II arbitration which
might last as long q suit at law.
- lar as am able to comprehend tho case the pen
known sasr lilo