The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1850-08-14

!ore, New b1oXCo be n Territory Of the IJni-
!ed, States and il any treaty stipulation be /,
IN force therein, such treaty stipulation
is the law OF the e'land, and is to be: maintain.
cd and up.held acc1rdingly..
In the letter to the Governor of Texas,
my reasons are given for believing that
New Mexico is now Territory of the Uni.
ted States, with the same extent and the
same boundaries which belonged to It,
whle IN the actual possession of the Re-
public OF Mexico, and before the late war.
III the early part OF that war, both Califor-
MIA and New Mexico were conquered by
the United States, and were in the military
possession Of the United States at the date
| OF he treaty peace.
by that treaty the title by conquest was
confirmed, and these territories, browne as,
or departments, separated from Mexico for
ever; and by the same treaty certain i'm
portant rights and securities we're solemnly
guaranteed to the inhabitants residing there.
III.
By the fifth article Of the treaty it ia de-
clarcd, that "The boundary line between
the two Republics shall commence in the
| Gulf Of Mexico, three leagues from land,
opposite the mouth of the Rio Grande, 9TH
crwlsc called the Rio Bravo del Norlc, or
opposite the mouth of its deepest branch If
1t should have more than one branch emp.
tying directly into the sea; from thence UP
the middle OF that river, following the deep.
est channel where it has more than one, to
| The point where it strikes the Southern
| boundary Of New Mexico; thence West
| wardly along the whole Southern boundary
oi New Mexico, (Which runs North of the
! town called Paso,) to its Western tcrmina-
| ton; thence Northward along the Western
line OF New Mexico, until it intcrsccts the
| first branch of the river Gila, Cor if il should
not inicrscct any branch OF that river, then
! TO the point on the said line nearest TO such
! branch, and thence in direct line to the
samc:) thence down the middle of the said
branch OF The said river, until it empties
| INTO the Rio Colorado; thence across the
Rio Colorado, following the division line be-
! tween Upper and Lower California TO the
! Pacific Ocean,
The eighth article Of the treaty is in the
| following terms:
"Mexicans now established in Tcrrtori.
cs previously belonging to Mexico, and
which remain for the future within the linn
! It's of tie United States, as defined by the
! present treaty, shall be free tn continue
| where they now reside, or TO remove at
any time to the Mexican Republic, rctai :
| ing 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, G,
/ charge whatever,
Those who shall prefer to remain
IN the sad Territories may either retain
the title and rights of Mexican citizens
or acquire those of citizens Of the Uni
ted States But they shall he under the
obligation TO make their election within
one year from the date Of the exchange of
raliticatIonS Of this treaty; and those who
shall remain in the said Territories after
the expiration Of that year, without hav-
ing declared their intention to retain the
charactcro of Mcxicans, shall be considered
to have been elected to become citizens of
the United States.
10 "ln the said Territories property Of ev-
cry kind, now belonging to Alcxicans NO,
established there. shall be inviolably res.
pected. The present owners, the heirs OF
these, and all Mcxicans who may hereafter
| acquire said property by contract, shall en-
JOY, with respect to it, guarantees equally
ample as it the same belonged to citizens
OF the United States"
The ninth article Of the treaty is in
these words:
The Mcxicans who, in the Territories
aforesaid, shall not preserve the character
of citizens Of the Mexican Republic, con-
formally with what is stipulated in the
proceeding article, shall be Incorporated
into the Union Of the United States, and
he admitted al the proper time Go be jud.-
cd OF by the Congress of the u. Sta,cs,)
to the enjoyment of all the rights of citi-
zcnS Of the United States, according TO
the principles Of the Constitutions; and i'm
the meantime shall be maintained and pro-
tccicd in the free enjoyment Of their lbcr-
! ~ aud property, and secured in the free
exercise of their religion, without rcstric-
ton
It is plain, therefore, on the face Of these
treaty stipulations, that all Meyicans cs-
tahlishcd in territories north or east Of the
line Of dcln1rkation already mentioned,
come within the protection of the ninth ar
tlclc: and that the treaty, being a part Of the
supreme law OF the land, does extend over
all such McNicans, and assures to them pcr.
| feet security III the free enjoyment of their
| liberty and property, as well rs in the free
exercise OF their religion; and this supreme
! law OF the land being thus in actual force
over this territory, is to be maintained until
| il shall be displaced or superseded by other
! legal provisions; and ii it it he obslructnd
or resisted by combinations too powerful to
he suppressed by the civil authority, the
case is one which comes within the provis
ions of the law, and which oblgcs the prcs-
! dent to enforce these provisions. Neither
! the Constitution, nor the laws, nor my duty,
nor my oath of office, leave me any alter
native, or any choice in my mode OF action
The Executive Government OF the Uni
| ted States has no power or authority TO de-
| tcrmnc what was the true line OF bounda-
| ry between Mexico and the United States
! before the treaty of Guadalupe Ilidalgo,
nor has it any such poser now, since the
| question 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 removed by some act OF
Congress, to which the assent OF the State
of Texas may be necessary, or by some ap-
propria'c mode of legal adjudication; but
| in the meantime il disturbances or collisions
arise or should be threatened, it is abso
lutcly incumbent on the Executive Gov
| crnmcni, however painful the duty, to take
| care that tho laws he falthfull llv ma ,ntainol.