The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1850-08-13

tholity, and are to belegardcd merely as intru
ders; and if within such State or Territory
they obstruct any law of the United States, e.
thcr by power of arms or mere power OF mum
bers, constituting such a combination rs is too
powerful to be suppressed by the civil authon'
tv, the President of the United States has no
ortion left to him, but is bound to obey the SOL
emn injunction of the Constitution, and exercise
the hish power vested in himby that instrument
and by the Acts of Congress
Or, if any civil posse, armed or unarmed, en-
ter into any Territory Of the United States un'
der the protection of the laws thereof, with III
tent to seize individuals to be carried elsewhere
for trial for alleged offences, and tins posse DC
too powerful to be resisted by the local and ci"-
il authorities. such seizure or attempt to selze Is
to be prevented or resisted by the authority OF
the United States.
The grave and important question now arises,
whether there be in the Territory OF New Mex
leo any existing law of the United States, oppo-
sition to which, or the obstruction oil Which,
would constitute case calling for the interpo-
sition of the authority vested in the President
The Constitution of the United States de-
clares that "this Constitution and the laws OF
| the United Slaes, which shall be made III pur-
suance thereof, and all the treaties made, or
which shall be made under the authority of the
United States, shall he the supreme law OF the
| land If, therefore, New Mexico be Terri
tory of the United States, and if any treaty stlp-
ulation be in force therein, such treaty stipula-
ton is the supreme law of the land, and is to
be maintained and upheld according y
In the letter to the Governor OF Texas, my
reasons are given for believing that New Mexi-
co is now Il Territory OF the United States,
wtilrthe same extent aud the same boundaries
which belonged to it, while in the actual pos
session of the Republic of Mexico, and before
the late war; In the early part OF that war,
both California and New Mexico were conquer.
ed by the arms of the United States, and were
in the military possession OF the United States
at the date of the treaty of peace.
BY that treaty the title by conquest was con-
firmed, and these territories, provinces or de.
partments, separated from Mexico forever: and
by the same treaty certain important rights and
securities were solemnly guaranteed to the III
habitants residing therein.
By the fifth article of the treaty it is declared
that
"The boundary line between the two Repub-
lies shall commence in the Gulf OF Mexico,
three leagues from land, opposite the mouth OF
the Rio Grande, otherwise called the Rio Bra
vo Del Nortc, or opposite the mouth of its
deepest branch, emptying directly into the sea-;
from thence up the middle of that river, follow
ing its deepest channel where it has more than
one, to the point where it strikes the Southern
boundary of New Mexico; thence westwarlly
along the whole southern boundary of New
Mexico (which runs north of the town called
Paso,) to its western termination; thence north
ward along the western line Of New Mexico,
until it intersects the first branch Of the river
Gila, tori it should not intcrsect any branch
of that river, then to the point on said line near
est to such branch, and thence in direct line
to the samc;) thence down the middle Of the
said branch and OF the said river, until it emp
ties into the Rio Colorado; thence across The
Rio Colorado, following the division line be-
tween Upper and Lower California 10 the Pa
cilic ocean.
The eighth article of the treaty is in the fol-
lowing words:
"Mcxicans now established in Territories pre-
viously belonging to Mexico, and which remain
for the future within the Limits OF tho u. States,
as defined by the present treaty, shall be free
to continue where they now reside, or to re-
move at any time to the Mexican Republic, re-
tanning the property which they possess in the
said Territories, or disposing thereof, and re,
moving the proceeds wherever they please
without their being subjected on this account,
to, any contribution, tax, or charge whatever.
"i'hosc who shall prefer to remain in the
said Territories may either retain the title and
rights Of Mexican citizens, or acquire those o
citizens of the United States. But they shall
be under obligation to make their election with.
in one year from the date of the exchange o
Publications Of this treaty; and those who shall
remain in the said Territories after the expira.
ton of that year, without having declared their
intention to retain the character OF Mexlcans
shall be considered to have elected to become
citizens of the United States.
"ln the said Territories, property Of every
kind, now belonging to Mexicans not estab.
lished there. shall be inyiolably respected. The
present owners, the heirs of these, and i'll Mex.
leans who may hereafter acquire said property
by contract, shall enjoy, with respect to it,
guarantees equally ample as il the same belong
ed to citizens of the United States"
The ninth article of the treaty is in these
words:
"The Mexicans who, in the territories a(orc-
said shall not DreServc the character of citizens