Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-08-15
Message of the President of the United States.
on the Texas Boundary Question.



To the Senate and House Of Representatives:
herewith transmit to the two Houses of Congress,
letter from his exceency the governor Of Texas dated
the 14th day of June last addressed the late Pres
ldent Of the United States which, having been
swered by him. came into my hands his death; and
also transmit copy of the answer which have felt it
10 be my duty to cause 20 be made TO that comunica
ton.
Congress win perceive that the Governor Of Texas
officially states, that by authority of the Legislature Of
that State, he dispatched a special Commissioner with
full power and instructions extend the civil jurisdiction
OF the State the gained counties of Ell Paso
Worth, Preside, and Santa Fe situated on its north
western limits
He proceeds to say, that the Commissioner had re-
ported to him, in official FORM that the military off,
GERS employed in the service of the United States,
toned Santa Fe nterposed adversely, with the nhab
itan,s to the fument OF his object IN favor OF the
adjustment Of separate State government cast of the
Rio Grande and within the rghtful limits of the State
OF Texas. These four counties which Texas proposes
extabsh and organize as being within her own uris-
dcton extend the whole of the territory of the
Rio Grande which has, heretofore, been regarded as
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 Legislature of Texas has been called together by
the Governor for the purpose understood of main
tanning her claim to the territory of the Rio Grande
and OF establishing it her jurisdiction and her
own laws by force
These proceedings of Texas may well the at.
States and rejoice that they while the Congress
is vet in session 1t is fear far from being improba-
bic that in consequence of these proceedings OF Texas
crisis may be brought which shall summon the two
Houses of Congrcss-and still emphatically the
Executive Governmental an immediate readiness for
the performance of their respective duties
By the Constitution of the United States the President
is constituted commanderlnchie OF the army and navy
and of the militia of the several States when called into
the actual service of the United States. The Constu
ton declares ALSO that he shall take care that the laws
be faithfully executed, and that he SHALL from time to
tme give to the Congress information oil the state oil
the Union.
Congress has power, by the Constitution, provide
for calling forth the militia to execute the laws oil the
Union; and suitable and appropriate acts OF Congress
have been passed. well for providing for calling forth
the militia, for placing other suitable and efficient
means in the hands of the President to enable him to
discharge the constitutional functions of his Office.
The second section of the of the twenty of
February, hundred and ninetyhve, declares
that whenever the laws of the United States shall be OPP
posed, their execution obsructed in any State by
combinations too powerful to be suppressed by the ord-
nary of judicial proceedings the power vested
IN the marshas the President may call forth the militia
so far as may be necessary to suppress such comblna
tions, and to cause the laws to be duly executed.
BY the of March g. 1907 il is provided that in all
cases of obstruction to the laws, either OF the United
States any individual State Territory, where it is
lawful for the President call forth the militia for the
purpose Of causing the laws he duly executed it shall
be lawful for him employ for the purposes such
part of the land naval force of the United States
shall be Judged necessary.
These several cnactments in full force; that
the laws of the United States opposed obstruct
ed In any State Territory, by combinations too pow
erlu to be suppressed by the judicial civil authorities
becomes in which is the duty of the President
either TO call out the militia to employ the military
and naval force of the United States TO do boh If in
his Judgment the exigency of the occasion shall
qure for the purpose of suppressng such combination
The constitutional duty of the President is plain and
peremptOry and the authority vested in him by law for
its performance, clear and ample.
Texas is State authorised to maintain her own laws
so lar as they not repugnant to the Constitution laws
and treaties of the United States to suppress insurrec
tons against her authority and to punish those who may
commit treason against the State, according to the forms
provided by her own constitution and her own laws.
But all this power is local. and confined entirely with
in the limits of Texas herself She possibly confer
authority which be lawfully exercised beyond her
boundaries
All this is plain, and hardly needs argument euc
daton. If Texan militia therefore, march into any
OF the other States into any territory of the United
States, there to execute enforce any laws of Texas
they become at that moment trespassers they are no
longer under the protection of any lawful authority and
are to be regarded merely intruders and II within
such State or Territory they obstruct any law OF the
United States either 10y power of arms mere power OF
numbers, constituting such combination is too pow
erul to he suppressed by the civil authority the Pres
dent of the United States has option left to him, but
IS bound to obey the solemn injunction of the Consttu
ton, and exercise the high powers vested in him by that
instrument and by the Acts of Congress
any Territory of the United States under the protection
Of the laws thereof with intent seize individuals to be
carried elsewhere for trial for alleged Offences and this
he too powerful to be resisted by the local and civil
authorities such seizure attempt TO seize is to he pre-
vented resisted by the authority of the United States
The grave and important question arises, wheth
er there be in the Territory OF New Mexico any existing
law of the United States, opposition which, the OBJ
structiOn of which, would constitute calling for
the lnerposton Of the authority vested in the President
The Constitution of the United States declares that
"ths Constitution and the laws of the United States.
which shall be made pursuance thereof and all the
made or which shall be made under the author
y of the United States shall be the supreme law of the
land" If, therefore, New Mexico be Territory Of the
United States and any treaty stipulation be in force
therein such treaty stipulation is the supreme law of
the land and is to he maintained and upheld accordingly
In the letter to the Governor of Texas, my reasons
given for believing that New Mexico is Ter
ntory OF the United States, with the extent and
the same boundaries which belonged to it, while in the
actual possession of the Republic of Mexico and before
the late In the early part of that both Cali
iornla and New Mexico conquered by the arms OF
the United States and in the military possession of
the United States the date of the treaty of peace
BY that treaty the title by conquest confirmed,
and these territories Provinces departments, separa
ted from Mexico forever and by the treaty certain
important rights and securities solemny guaran-
tied to the inhabitants residing therein.
BY the fifth article of the treaty it is declared 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 otherwise
called the Rio Bravo del Norte opposite the mouth
Of its deepest branch if it should have than
branch emptyng directly into the sea- from thence up
the middle of that river following the deepest channel
where it has than one the point where strikes
the southern boundary New Mexico thence westward
y along the whole southern boundary of New Mexico
(Which runs north of the town called Paso to its west
ern termination; thence norhward along the western
line Of New Mexico until it intcrsccts the first branch
OF the river Gla Cor should ntersect any branch
oil that river then to the point on the said line nearest to
IL IL \