The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1850-08-21

uon; and IN The mean time, shall be main
tanned and protected 10 the { re e, joymen! d
:heir bcity and property, aud secured in he
go exercise Of their religion wlthou. resific
ton"
: Lis pain. therefore, on these troaty s,ipu.
iati"ns, that oil Mexieans established IN ter.
fisofics north Of the i,ae of de.na.ks,ion al.
ready mentioned, coneui thin lhs protection o
the b article; and lhs, .bc treaty, being a
part of the supreme Law Of The land, does ey.
tend over oil such Mexicass, and assures ia
j them perfect security III iae free enIoymen,
, oi their liberty and property, as ell as in the
hfs exercise OF their religion and this su.
pfeme law of tho land, beng thus in actual
t6fce over this territory, is 10 be maintained
and enforced until 1t shall bc displaced or su.
pefsedcd by other legal provisions and If il
De obs'tucied OF restricted hy combinations
loo powerful to be suppressed b. the civil au
thofiiy, the case Is one ~hIch cones within
The provisions OF law, and which oLIipes the
President 10 enforce hose provisions. Nr,.
iher The constitution nor the las, nv duty or
my oath oi office, leaves me any alternative
or any choice in my mode Of action.
oates has no power or authority to deter
nine what vas the true line Of boundary be.
tween Mexico and the United Sta,rs before
the treaty Of Guadalupe II daigo; nor has /,
any such power now, since the question has
become question between the State of Tex.
as and tho Uni,ed S atcs. So far as Tins
boundary is doubtful, TINT doubt can onl, be
removed by somc act ot Congress, 10 which
the assent of the Safe OF Texss nav be ne.
cessafy, or by some appropriate mode of lie.
gal Adjudication; but, IN the mean time, #
di.iui baDces or collisions arise, or should be
threatened, II is absolutely incumben, on the
Executive Government, however painful the
duty, 10 take care ihai Tho lass are faithfully
maintained. And he can regard only the ac
'oal state OF ihiu. as il existed al the date
OF the treaty, AMI is bound 10 protect ell in.
hsbIian.s who were then established and Who
COW remain north aud east of The line OF dc
markation, IN the full e. e'Jpymcnt Of their lib !
erty and property, according TO the provisions
OF the article of the treaty in other words, |
that all must be now regarded 40 New Msx. /
CO which was possessed and occupied as New |
Mexico by cuizens af NJ. x,co ., the date cf
the trea'y. until q, finite line or boundary
shall be established by competent su.horlty.
this assertion Ct duty To protect the peope
ot New mexco from threatened violence, o.
from seizure 10 b. carried iuio Texas for tn.
al for alleged offences against Texpn laws,
does not al all include any claim of nower on
the par. OF the Executive 10 e.tsbltsh any
civil or military government wi hin that Ter
riory. That potrer belongs exclusively to I
tho Legislative department. and Congress Is |
the sole Judge olthe time and manner o! ere
stlng OF a1ihofizn. any such G. veru:nen..-
The duty OF the executive ealends only to the /
execution ol laws aud ths maintenance oi tfea /
ties already IN force, and the protection OF all +
the people et the United States IN the enily. +
ment OF the rights which lho.e treaties and /
laws guaranty. |, is exceedingly desirable
that ne occasion should arise for the exercise 4
Of the po"ers thus vested 10 The Psesiden, by |
The constitution and the Iavs. Wuh what
ever miducss those powers might DO exscu
ted, or hoSever clear the case Of necessity,
YET consequences might nevertheless follow
Of which no human sasacity can fotesee eli
thef the evils or the end.
Having thus laid before Congress the com
mun'calion OF his E,cellency the Governor
ol Texas and The answer thereto, and having
made such observations as have though, .he
occasion called Tor, respecting constitutions
obligations which may arise in the further
progress of things, AID may devolve on me to
lie performed, hope | shalt mol h. regarded
as stepping aside ftom the line OF duty, not
wlthstandins that | am aware iha, the sub.
A., E L. ,h r 4
my deep and earnest censictloa Of the proprl-
ely OF an Immediate decision, or arrangement,
or settlement Of the Question Of boundary be-
tween Texas and the Territory of New Mex.
co All Considerations OF justice, seneTalcx.
pediency, and domestic tranquility call for
this. ii seems 10 be, in It's character and by
position the first, or one OF tbe first OF the ques
tions growing out of the acquisition OF Cali
iornta and New Mexico, and now calling for
decision.
No Government can be established for New
Mexico. either State or Territorial, until II /,
shall be frs; ascerlaned what New Mexco
is, and aha, are her limits aud boundaries. ,
These cannot be fixed OF known till the line ,
OF division between her and Texas shall be {
ascerialned aud established and numerous.
aud weish'y reasons conspre, in my Judgment, i
to show that this divslona. line should be rs. {
'ablshed by Congress, with the assent of the
Government of Texas. In the frs, place, ,
this seems by far tho most prompt mode OF ,
proceeding by which the end can be accom-
pIished. If ludlcia! proceedings were resor.
ted 10, such proceedings would necessarily Il
be SOW, and years would pass by, in all pro-
bablty. before the controversy could be eud.
ed. So grea, a delav in this case is to be [
avoided, Il possible. Il aould be every way
announcement, and might be the occasion Of
dis VI bances and collisions.