The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-03
Attitude Of the Executive.

between the State OF Texas, and some per-
sons in place called New Mexico, and that
the President will maintain that possession by
force, against the claim Of Texas.
Now, in the first place, there is no such
thing legally known as the people of New
Mexico. The treaty of Gaudaloupe Hidalgo
cedes to US territory defined by certain
limits, which includes all of what Mexico
considered Texas, and part of what she
claimed to be Tamaulipas, Chihuahua, and
Zacatecas, as well as part of California and
New Mexico. So far as the treaty speaks
Of the people of the coded territory, and
stipulates concerning them, itspeaks of them
as one, and says nothing about New Mexi-
co or California; and when we acquired
this people and territory, the political dis
tinctions between these provinces and parts
of provinces, under the Mexican Govern
ment, ceased at once with the control of the
Mexican governors.
But certain persons including Govern
ment agents and army officers, undertake to
divide this territory according to their fancy
between themselves, and assume to be the
people Of the territory they thus appropriate
Knowing, however, that all such proceed
ings are utilities, unless ratified by Con-
gress, they apply to that body for sanction.
But their claims are conflicting. Those who
pretend to be the people Of New Mexico
appropriate large population and territory,
claimed by Texas, fourteen years before.
And those who profess to be the people Of
California claim large territory previously
appropriated as part of Utah.
In this state of things, and before Con-
gress acts, the President without particle
of authority from Congress, or the Consti-
tuition or laws, and knowing that Texas, a
sovereign State, has in her constitution,
included great part of the territory of what
is called New Mexico in her limits, sends
orders to his military subordinate to co-ope-
rate with the pretended people of New
Mexico in forming State Constitution.
And, in admitted obedience to these orders,
that functionary, on the suggestion Of sundry
persons in that country, issues proclamation
to " the people Of New Mexico" to meet
in certain counties-countiest totally unknown
to US as political divisions, to form a State
Constitution.
Now, if the claim of Texas to a great
number of these very pretended counties is
good, here is the cooperation of a military
officer of the United States in command of
her troops, with portion of the population
of sovereign State of the Union in COM
hitting treason or rebellion against their
sovereign!-and this by order Of President
of the United States.
The reasons assigned for this unprecedent-
ed conduct are,
l. That the United States are, by their
military force, in possession of the disputed
territory, and are entitled to hold the posses
sion until the question is settled.
Why the United States military force is,
in that respect, or may be, in possession of
all the States of the Union-for its forces
are stationed in nearly all, and are marched
into, and through all, by the mere order of
the President.
But New Mexico is Territory, and
Territory is not like State, but is under
the exclusive authority of the Federal Gov
Well, territory is under the
control Of Congress, not of the President
for the power of Congress over territories
is an implied power, resulting from the
power to hold or to acquire them, and all i'm
piled powers are expressly conferred on Con-
gress.
Now, Congress knew as much about
the position of affairs in the new territory
as the President-knew that Texas claimed
a large part of it-that she was about to Or
ganize government over it-and that the
of New Mexico wanted 10 be
a separate people, and wanted territorial
government. And yet, whilst Congress
was celebrating on this very state of things,
and abstaining, in the interval, from all re-
sstance to Texas, the President interposes,
tells his officers to lid the inhabitants of
New Mexico, aliens to us in every thing-in
opposition to Texas kindredin all-and now he
announces that he will resist the attempts Of
Texas to establish her jurisdiction.
2. Another ground on which the claim
of Executive intervention is based, is, that
by treaty, the people of these territories
have right to be admitted as citizens as
soon as possible-and that he, as President,
is bound by the Constitution, to see the laws
executed-and treaty is law Of
the land. Well, if the execution of this treaty