The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-08-13

ting at the date of the treaty. and is bound
to protect all inhabitants who were then estab-
lished & now remainn north and east of the line
Of femarcation in the full enjoyment of their
liberties and property, according to the 9th
article of the treaty. In other words, all
must now be regarded as New Mexico which
was possessed and occupied as New Mexico
by the citizens Of New Mexico at the date
Of the treaty, until n definite line of boun-
Diary shall be established by competent
authority.
This asser ton Of duty to protect the peo-
pie OF New Mexico from threatened VIC.
lence, or from liability to be carried into
for trial for alleged offences against
Texan laws, does not at all include any
claim Of power os~t,e part Of the Executive
to establish any civil or military government
within that territory. That power belongs
exclusively to the legislative department,
and Congress is the sole judge of the time
and manner Of creating or authorizing any
such government. The duty of the Execu-
tive only applies to the execution of laws,
and the maintenance of treaties actually in
force, and the protection of all the people of
the United States in the enjoyment of the
rights which those treaties and laws guaran-
tee. 1t is exceedingly desirable that no oc-
casion should arise for the exercise of the
powers thus vested in the President by the
Constitution and the laws. With whatever
mildness those powers might be executed, or
however clear the case Of necessity, yet con-
sequences might nevertheless follow, of which
no human sagacity can ~foresee either the
evils or the end.
have thus laid before Congress the COM
munication Of His Excellency the Governor
of Texas, and the answer thereto, and have
made such observations rs | have thought
the occasion called for respecting Constitu-
tional obligations which may arise in the fu-
ture progress of things. and may dcvolvc on
me to discharge. | hope l shall not be re-
eardcd as stepping aside from the line of my
duty, Notwithstanding | am aware that the
subject is now before both Houses, if | ex-
press my deep and earnest conviction OF the
Importance of an immediate decision, or ar
rangcment, for settlement of the question of
the boundary between Texas and the terri
tory OF New Mexico. All considerations of
justice, general expediency, and domestic
tranquility call for this. 1t seems to be in
its character the first, or one of the first of
the questions growing out Of this acquisition
VI 1dllIUI lid anu ANtW .NItAltO. UOW TpVulr-
ing decision. No government can be csiab-
lished for N. NJ. state or territory, until it is
FIRST ascertained what New Mexico is, and
what are her limits and boundaries. These
cannot be fixed OF known ill the line of d..
vision between her and Texas shall be as
eitained and established. Numerous and
weighty reasons conspirc, in my Judgment,
10 show that this divisional line should be es.
tablished by Congress, with the assent of the
government of Texas. In the first place,
this seems by far the most prompt mode of
proceeding by which the end can be accom-
plished. If judicial proceedings were resor.
ted to, such proceedings would necessarily
be slow, and years would pass by, in all
probability, before the controversy coull be
ended. So great a delay in this case is to be
avoided if possible. Such delay would be
every way inconvcnicnt, and might be the
occasion Of disturbances and collisions. For
the same reason | would, with the utmost
Difference to the wisdom of Congress, express
II doubt of the expediency of the appoint
ment Of Commissioners & of an examination.
estimate and award of indemnify to be made
by them. This wonld he hut n species of mr..
duration, which might last as long as a suit
at law.
So far as | nm able 10 comprehend, the
general facts are now all known, and Con.
grcss is as capable of deciding it justly and
properly now as i, probably would be after
the report OF the Commissioners. If the claim
of title on the part of Texas appears to be
well founded in whole or in part, it is in
the competency of Congress to offer her an
indemnify for the surrender of the claim. In
a case like this, surrounded as il is BY many
cogent considerations, all calling for an ami
cable adjustment and immediate settlement.
the government Of the United States would
be justified, in my opinion, In allowing an in
demnity to Texas, not unreasonable and ex-
travagant, but fair, liberal. and awarded in a
Just spirit of accommodation. | think no G.
vent would be hailed with moro qualification
by the ncorle Of The United States than the
amicable adj ustment of these difficult ques-
tons, which have for a long time agitated
tie country,and occupied, to the exclusion oil
other subjects, the time and attention OF Con-
grcss. Having thus freely communicated
the result Of my own reflections on the most
advisable mode of adjusting this boundary
question. | shall, nevertheless. cheerfully ac-
quicscc in any Other mode which the wisdom
Of Congress may devise. And, III conclusion,
1 ItItdN NV NOuNlNllOUs tIul tNtTN CODSller-
alton of the public interest manifests the ne.
cessity OF Il provision by Congress for a set
Element Of this boundary question before the
present session be brought TO n close. The
settlement of other questions, connected with
The same subject, within tie same period, is
greatly TO he desired, but the adjustment OF
this, appears to me 10 be in the highest de.
gree important. In the train of such an al.
justment, We may well hope, that there will
follow a return Of harmony and good will, an
increased attachment to The Union, and the
general satisfaction of the country.
WILLARD FILLMORE.
Washington, August 6, 1850.
The accompanying letter Of Governor
Bell, of Texas. is short. 1t informs the
President that by the authority Of the
Legislature of Texas, a special COM
missioner was dispatched in February
last, TO extend the civil jurisdiction over
the ~unorganized counties of Santa Fe,
&c, and that the military officers of the
United States had ~interposed adversely
to that commission. lie transmits a
copy ofCol. Monroe's proclamation, and
requests to be informed whether il is ap.
proved by the President.
Mr.. Webster's letter TO Gov. Bell say:
the general government had authorized
Col. Monroe to comply with the wishe,
of the people Of Mexico, and to issue
proclamation for a State government b,
the order of the Secretary of War, dated
the 10Th of last Nov, but to take nc
part in the proceedings, except in &C.
cordance with the desire of the neonl,