Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-08-22
Message from the President.

not having been answered by him, came to my hands
on his death: and also transmit copy of the an
sweI which felt it to be my duty to cause to be
made to that communication. Congress will per-
ceive that the Governor of Texas officially states
by authority of the Legislature Of that State he dis
patched Special Commits soner with full power
and instruction to extend the civil jurisdiction of
the State over the unorganized counties of I'll Paso,
Worth, Preside, and Santa Fe, situated on the
northwestern limits.
He proceeds to say that the commi ssioner has
reported to him in official form that the military
officers employed in the service the United States.
stationed at Santa Fee, interposed adversely with
the inhabitants to the fulfllment of the object, in
favor of the establishment of separate state gov
eminent east of the Rio Grande and within the
rightfnl limits of the state of Texas. These four
counties which Texas proposes to establish, and
organize as being within her own jurisdiction, ex-
tend ove- the whole Of the territory east of the
Rio Grande which has heretofore been regarded as
an essential and integral part of the department Of
New Mexico, and actually governed and possessed
by her people until conquered and severed from
the Republic of Mexico by the American arms.
The legi stature of Texas has been called together
by the Governor for the purpose. as is understood
Of maintaining her claim to the territory east of the
Rio Grande, and of establishing over it her own jul
risdicton and her own laws by force. These pro-
ceedings of Texas may well arrest the attention of
all branches Of the Government oft United States,
and rejoice that they occur while the Congress is
yet in session. ISL fear far from being imposs
BILE that in consequence of these proceedings of
Texas, crisis may be brought on which viii sum-
mon the two houses Of Congress, and still more
emphatically, the Executive Government, to an i'm
mediate readiness for the performance of these
spective duties. BY the constitution of the U. s..
the President is constituted commander.in-chief
of the army and navy, and Of the militia of the
eral States when called into actual service of the
United States. The constitution declares also that
he shall take care that the laws be faithfully exc
cuted and that he shall from time to time give to
the Congress information Of the state ofthe Union.
Congress has power by the constitution to provide
by calling for the militia to execute the laws of the
Union, and suitable and appropriate acts Of Con-
gress have been passed, Us well for providing for
calling forth the militia for placing other suia-
bic and efficient means in the hands of the Presi-
dent to enable him to dis charge the stutional
functions of his office. The second section of the
act OF the 2sth of February, 1896, declares that
whenever the laws Of the United States shall be
opposed, their execution obStructed in any
state, by combinations too powerful to be suppress
ed by the ordinary course ofjudicial proceedings
Of the power vested in the marshals, the President
may call forth the militia far as may be neces-
sary to suppress such combinations and to cause
the laws to be duly executed.
BY the act of March Sd, 1907. it is provided that
in all Of obstruction to the laws, either of the
United States any individual State or Territory,
where it is lawful for the president to cali forth the
militia for the purpose of causing the laws to be
duly executed, it shall be lawful for him to employ
for the same purposes, such part of the land or
val force of the United States as shall be judged
necessary. These several enactments are now in
full force; that if the laws of the United States
are opposed obstructed in any state or territory
by combinations too powerful to be suppressed by
the judicial civil authority, and il becomes a
case in which it is the duty Of the President either
to call out the militia. or to employ the military
naval force of the United States, TO do both, Ifs
in his judgment the exigeBcy OF the case shall
quire, for the purpose of suppfessing such combi-
nation, the constitutional duty of the President is
plain and peremptory-the authority vested in him
by the laws for the performance clear and ample.
Texas is a state, authorized TO maintain her own
laws, far as they are not repugnant to the con-
Stituton laws and treaties OF the United States, to
suppress Instructions against her authority, and
to punish those who commit treason against the
state, according TO the forms provided by her own
constitution and her ow n laws. But this power is
local, and confined entirely within the limits of
Texas herself. She can possibly confer no author
ity which can be lawfully exercised beyond her
own boundary. All this is plain, and hardly needs
argument or elucfdafion. n Texan militia, there
FORE march into any Oft the other states or ter
rssr-i-e >.i>A~--v An. isnAsed States,
there to execute or enforce any law of Texas thsy
become at that moment tresrassers-they are no
longer under the protection of any lawful authori
ty, and to be regarded merely intruders; and
if within such state or territory they ohsruct any
law of the United States, either by power of arms
or mere power Of numbers. constituting such
combination is too powerful to be suppressed by
the civil authority, the President has option left
to him, but is bound to obey the solemn injunction
vested in him by that by the acts of Con-
gress. Or If any civil posse. armed or unarmed,
enter into any territory of the United States under
the protection Of the laws thereof, with intention
to seize individuals to be carried elsewhere for
trial for alledged offences. and this posse he too
powerful to he resisted by the local and civil
thortes, such seizure or attempt to seize is to he
prevented or resisted by the authorities of the u
States. The grave and important question now
arises whether there be in the territory of New
Mexico any existing law Of the United States, op-
position to which would constitute calling
for the interposition of the authority vested in the
President. The constitution of the United states
declares that the constitution and laws of the L.
States which shall be made in pursuance thereof
and all the treaties made or which shah be made
under the authority of the United States, shall be
the supreme law Of the territory. IF. therefore,
New Mexico be territory of the United States,
and if any treaty stipulation be in force therein,
such treaty stipulation is the supreme law of the
land, and is to be maintained and upheld; and
cordingly in the letter to the Governor of Texas.
my reasons are given for believing that New MeM
co is now territory of the United States, with the
same extent and the same boundaries which be-
longed to her when in the actual possession of the
Republic of Mexico and before the late war.
In the early part Of that war, both California and
New Mexico were conquered by the United St3tes
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 confirmed, and
these Territories. Provinces or Departments sepa-
certain important rights and securities SOL
EMMY guar to the inhabitants residing there
in.
By the fifth article of the treaty, it is declared
that the boundary line between the two Republics
shall commence in the Gulf Of three leagues
from land, opposite the mouth Of the Rio Grande,
otherwise called the Rio Bravo del Norte, or oppo-
site the mouth OF its deepest branch if it should
make more than one branch emptying directly into
the sea; thence up the middle of that river follow
ing the deepest channel where it has more than
the point where it strikes the southern boundary
of New Mexico; thence westward along the whole
southern boundary of New Mexico, which runs
north Of the called Paso, to its western boun
Diary termination; thence northward along the west
line Of New Mexico until it intersects the first
branch of the river ella, If 1t should not inter-
sect any branch Of that river, then to the point
the said line nearest to such branch, and thence in
direct line to the same; thence down the middle
of said branch of the said river until it emptieS in
to the Rio Colorado; thence across the Rio Colora-
do, following the division line between Upper and
Lower California to the Pacific Ocean.
The eighth article Of the Treaty is in the follow
ing terms--now established in territories previous
ly belonging to Mexico, and which remain for the
future within the limits the United States def
ptely: ssBy the present treaty, the Inhabitants
shall be free to continue where they now reside,
to remove at any time to the Mexican Republic,
retaning the property which they possess in the
said territory, disposing thereof and removing
the proceeds wherever they please, without their
being subjected this account to any contributions
tax or charge whatever; those who shall remain in
the said territories may either retain the title and
right of Mexican citizens or acquire those of citi