The North-Carolina standard., 1850-08-21

each subsequent insertion those of greater length IN
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Letters to the Editor must come free Of postage.
MESSAGE
OF the President Of the United States on the Texas
Boundary Question.
To tile Senate and House Of Representatives.:
herewith transmit to the two Houses Of Congress
letter from his Exceilency the Governor of Texas
dated the 18th day of June last. addressed to the
late President of the United States, which, not hav
ing been answered by him, came to my hands on his
death and also transmit copy Of the answer
which have felt it to be my duty to cause to be made
to that communication.
Congress will perceive that the Governor of Texas
officially states, that by authority of the Legislature
of that State he despatched special commissioner,
will, full power and instructions to extend the civil
jurisdiction of the Stats the unorganzed coua-
ties of Ell Paso, Worth, Presidio and Santa Fe, sit
uated on its northwestern limits.
He proceeds to say, that the Commissioner had
reported to him. in an official form, that the military
officers employed in the service of the United States,
stationed at Santa Fe nterposed adversely, with the
inhabitants, to the f1lment of his object, in favor
of the establishment of separate State government,
east of the Rio GFande, and within the rghtfu linn
its of the State of Texas. These four counties
which Texas proposes to establish and organize,
being within her own jurisdiction, extend over the
whole of the territory east of the Rio Grande. which
has heretofore been regarded essential and in
tegral 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, as it is understood
Of maintaining her claims to the territory east of the
Rio Grande, and of establishing over 1t her own ju-
b1yf
These proceedings of Texas may we'll arrest the
attention of all branches Of the Government of the
United States and rejoice that they occur while the
Congress is yet in session. 1t 49, fear far from be-
ing impossible that, in consequence OF the proceed
ings of Texas, crisis may be brought on which
shall summon the two Houses of Congress-and still
more emphaticay the Executive Government-toa an
immediate readiness for the performance of their res
pective duties.
By the Constitution of the United States, the Pres
dent is constituted commander -ln-chef OF the army
and navy, and of the militia of the several States,
when called into the actual service of the United
States The Constitution declares also, that he shall
take care that the laws be faithfully executed, and
that he shall, from time to time, give to the Congress
information of the state of the Union.
Congress has power by the Constitution to provide
for calling forth the militia to execute the laws of the
Unon and suitable and appropriate acts of Congress
have been passed, we'll for providing for calling
forth the militia, for placing another suitable and
efficient in the hands of the President to ena
BILE him discharge the constitutional functions of
his Office.
The second section of the act of the twenty-eight
of February, seventeen hundred and ninety five, de-
cares, that whenever the laws of the United States
Shall be opposed, their execution obstructed, In
any State, by combinations two powerful to be sup
pressed by the ordinary of judicial proceed
ings, the power vested in the marshas, the Pres-
dent may call forth the militia, far may he ne
cessary, suppress such combinations, and to cause
the laws to be duly executed.
By the act of March 3, 1907, it is provided that in
all cases of obstruction to the laws, either of the
United States or any individual State or Territory,
where it is lawful for the President to call forth the
militia for 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 OF naval
force of the United States as shall be judged neces-
sdry.
These several enactments now in full force so
that if the laws of the United States opposed
obstructed in any State Territory, by combinations
too powerful to be suppressed by judicial or civil au-
thores it becomes case IN which 1t IS the duty OF
the President either to call out the militia or to en-
ploy the military and naval force of the United
States to do both, if in his judgment the exgency
of the occasion shall require, for the purpose OF
suppressing 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 a State authorized to maintain her own
laws, far they not repugnant to the Const-
tuition, laws and treaties of the United States, to
suppress insurrecton against her authority, and to
punish those who may commit treason against the
State, according to the forms provided by her own
constitution and by her own laws.
But all this power is local, and confined entirely
within the limits of Texas herself. She can possi-
bly, confer no authority which be lawfully exer-
clsed beyond her own boundaries.
All this is plain and hardly needs argument or elu-
cdation. Texas militia, therefore. march into any
one of the other States, into any territory Of the
United States there to execute or enforce any law Of
Texas, they become at that moment trespassers; they
are no longer under the protection of any lawful au
thorty, and are to be regarded merely intruders
and if within such State or Territory they obstruc,
any law Of the United States, either by power oi
arms or mere power of numbers, constituting such
combination as is too powerful to be suppressed by
the civil authority the President of the United States
has no option left him. but is bound to obey the SOL
emn injunction of the CONSTITUTIONS and exercise the
high power vested in him by that instrument and by
the act of Congress.
Or any civil posse, armed or unarmed, enter into
any Territory of the United States, under the pro-
lection of the laws thereof with intent to seize indi-
vlduas to be carried elsewhere for trial for alleged
offences, and this posse be too powerful to be resisted
by the local and civil authorities, such seizure or At
tempt to seize, is to be prevented resisted by the
authority Of the United States.
The grave and important question now arises
whether there be in the Territory of New Mexico any
existing law of the United States, opposition to
which, or the obstruction Of which would constitute
case calling for the interposton Of the authority
vested in the President.
The constitutions of the United States declares tina,
this Constitutions and the laws Of the United States
which shall be made in pursuance thereof, and all
he treaties made which shall be made, under the
authority Of the United States shall be the supreme
nav nav Of the land" Ifstherefore, New Mexico be a
territory OF the United states and if any tresg stp-