The Rutland herald. [volume] (Rutland, Vt.) 1850-1852, 1850-08-15

n.;nc chat wrs the srue linz c( l~am.lsr, L.
TWEEN Mexico sAd tho Cnii,si Statos. b,'f;,rc
the ,ra'y ri GuSlalculr, ll,dalgo. nor In.
Il any such power nov. since the qucair
Aas tsen qucss;en between the State ~
Texas sna the Uni,sxl Ssxics. =, f,r rs
this boundary 10 doubtful, tha, dcnis ,loalj
be removed by some act of Congress, ,o
which the asscnt of the state of Texas may
be ncce~ary. by como smmci'iasc mode If
legal adjudhia,ion but ia the mesn,iwe, il
disturbances or COLLISION arises. or shoall Ia
threatened, il is absolutely iDcn,nbrn, on
the Executive Government. however pain
fal tho d,ay, to take care the laws lr faith
fully maintained. lilo can rgard only the
actual state If thugs as i, existed ut
the date ~ the Treaty. and Is bound
to protect all Inhabitants who were then cs-
tahlixipd. AMI Who nov remain north ana
east of the line Of ,lcmarkaticn. in the full
enioymcn, of their liberties and promv,y .ae-
cor,ling tn the provisions Of the 9th ariclc
in other words, all must he now regarded as
New Mexico. which was possessed a,ri oe-
eupied as New Mexico. b, citizens Of New
Mexico, at the date Of the treaty, until
definite Inc Of boundary shall ic establish
cd, and by competent authority.
This assertion Of the duty to lxnscct thu
people of New Mexico from threatened vio-
lcncc or from seizure to bc carried into Tex
as. for trial for alleged offences agains, Tex
as laws, docs not at all inc!ndc any claim
G ,ownr on the part Of the Executive to
establish any civil or military government
within that territory-ihat power belongs
exclusively TO the legislative department.,
and Congress is the sole Judge &C the time
and manner Of CREATING or authorizing any
such government. The duty of the ESec-
utye is only to be the execution Of the laws
and the maintenance of treaties actually in
force and the prutection of all the people
Of the United States in the enjoyment Of
the rights which those treaties and laws
guarantee II is exceedingly desirable that
no ocasion should arisc for the cxcrisc Of
the powers thus vested IN the President by
the constitution and the laws. With what
ever mildness thosc powers might bc cyccu-
ted, or however clesr the case Of necessity.
yet Consequences might nevertheless follow
Of which no human sag,cay can forcscc ci-
ther the evils or the end Having thus
laid before Congress tho communication Of
his Exeellency, the Governor Of Texas and
tho answer thereto, and having made such
observations MS have thought the occasion
called for depicting, constitutional tl'liga-
tons may arise in the future progress OF
things. and may dcvolve on me "a be per
formed, ] hope l shall not be regarded as
stepping aside from my line Of duty, not
withstanding that am aware that the sub.
rct is now before both Houscs, If ! express
my deep and earnest conviction Of The int
portanco of an immediate decision tr ar
rangcmcnt or settlement Of the question .
the boundary between Texas and the terri
tory of New Mexico. All considerations
of justice, general cxpedicncy and domcs
tic tranquility, call for this. 1t seems Il
be, in its character and by position. th'
first, or one Of the first questions GROWN;
ont Of the acquisition Of California nn'
New Mexico. and now requiring decision
/, Nothing can bc established for New Mex
!: co, either State or Territory until it slial
BIZ first asccrtancd what New Mexico is
and what are her li,nits and boundaries. -
These cannot be tixcd Or known till the lin
, nf division between her and Texas I've es
: tublished. and numerous aud welghty rcf
ssns conspire, in my judgement, n sho'
that this divisional line should lie establish
cd by Congress. with the assent OF tn
Government Of Texas. a W if.n
8 In the first place, this seems by far th
f most prompt mode Of proceeding, hy whic
; the end can le accomplished Ifrdicial pr'
: c.ocingsf wore reotrcd Tn, such proceeding
n would necessarily le slow. aud years woui
{ Irlss by, in all probability, befurc the col
o iroycrsy could te ended. SO great della
r in this ease is to I've avorle-i, if possible -
9 Such dclay vouh be every way iRo"n'eI
: lent, and might BE- the occasion Of disturb
o anccs and collisions. For the same rcasG
j. I would, with the utmost Difference 10 III
y wisdom Of Congress, express doubt Of III
y cxpediency Of appointing commissioners an
= of ;n examination, cs,nl4lc, and award
# indemnity to hc madc Ily them. Tll;s woul
II bc species Of arbitration which might la
l. as hong ~ a suit at hw. 70 far az Al
3 ablo b. comprehend, the genuine fsc's al
f now alb known, and Congress H. as capsb
Of deciding on it justly aId propcrly nov
e 1t probably would De after the report Of u
r commissioners. II the claim of tiilc On y
r part Of Texas aWears " Congress To !
;, well founded, in whole or in part. tis in u
,e competency Of Congress TO offer her an j
n dcmnity for the surrender Of that claim,
" Gaze like this, surrendered az II is by IN
ofi ny cogcui cnasnicraGons all calling for al
to icallc adjustment AMI Immediate s'i,lesne,
ns The Government of the Cpjicd STAT
b would be justified, in my oi'inb}p, in allo
IN ing an indemnity TO Tcxns--rat ui'reaso
in pl,ic r extra vasant---iut fair. literal. Al
a, awarded in jus, spirit u aeeonano.iaiT'
think no event would H. hailed wIlh mq
iy qualification by tie people Of the Init
IN States than the amicallc adjustment
Io- questions of difficulty. which have nDw
in a long time agita,ed the country, ami or
"a. yaea, W the exclusion u sAher sai,rc,s,
~ lime and at,eatiDn Il CoDgrea. lta'l
,,,, ,b ds freely communicated ibe rcsult a !