The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1850-08-14

Executive TO establish any civil or military |
government within that territory. That por-
er belongs Exclusively 10 the legislative de- /
partmenr. and Congress Is the sole Judge OF (
the time and manner Of creating or authoriZ- |
ing any such government.
The duty OF the Executive excnds only to
the execution of laws and the maintenance OF
treaties actually in force and the protection
of all the people of the United States in the
enjoyment of the rights which those treaties
and laws guarantee. ---a
It's exceeding desirable that no occasion
should arise for the exercise Of the powers
thus vested in the President by the Consiitu-
ton and the laws. With whatever mldness
those powers might be executed. or however
clear the case OF necessity, yet consequences
might nevertheless follow, OF which 10 hui
man sagacity can foresee either the evils or
the end
Having thus laId before Congress the com
municatOn Of his Excelency. the Governor
of Texas and the answer thereto. and having
made such observations as | nave thought
the occasion called for respecting constiu-
iIonal obligations which may arise i'll the
further progress of things, and may dcvolve
Oh me 10 be performed. hope shall not be
regarded as stepping aside from the line oi lny
duly, Notwithstanding that am aware ihai
the subject is ROW before both Houses, ii ex-
pressed my deep and earnest conviction OF
the Importance OF an immediate decision, or
arrangement or settlement OF The question OF
boundary between Texas and The territory OF
New Mexico. All considerations of justice,
general expediency, and domestic tranquili-
~ call for this 1t seems TO be, in its charac-
ter and by position, the first, or one OF the first
OF the questions growing out oil the acqulsl-
ton OF California and New Mexico, and now
requiring decision.
No government can be established Tor New
Mexico, either State or Territory until IL
shall he first aScertained what New Mexico
is, AMI what are her limits and boundaries.-
These cannot be fixed or known, al the line
of division between her and Texas 81 al be
ascertained and estabIished-dnd numerous
and weighty reasons conspire, in my judy
ment, 10 show that this divisional line should
he established by Congress, with the assent
OF the government of Texas. In the first
place, This seems by far the most prompt
mode OF proceeding. by which the end can be
accomplished Ii Judicial proceedings were
resorisa1Q such proceedings would necessarl-
ly be sloN, lit years Mould pass lay, in all
probability before Ihe'contrOversy could be
ended. iSap greit delay in this case, is 10
be avoided il possible. Such delay would be
every ayJinconvenE it, and might BE- the
occasion OF disturbaI'css and collisions. For
the same reason / would, WFlt the utmost de-
ference TO the<isdsn Of Congress, express
doub. of the expsdjency of the appointment
of commissoners;and OF an examination, es-
innate, tnd an aNsird oil indemnity TO be made
by thenE. his would be but species oil ar
bltratons. which might last as long as a suit
at law. i-si
So far as am able to comprehend the case.
the general iae.s ore now all known, and
CongressNs " capable of deciding on it
Justly and properly now as ii probably would
be after the report OF the Commissioners. Ii
/, the claim OF title on the part OF Texas APP
pears to Congress TO be well founded. IN whole
or in part it Is the competency OF Congress
10 offer her an Indemnity for The surrender
OF that claim. In d case like this, surround
Ell as it is. by many cogent considerations, al.
calling Tor amicahle adjustment and immedi
ate settlement the Government OF the United
States would be justified, in my opinion, in
allowing an indemnity &c Texas, not upreas-
onabe and eXravagant. hot fair, liberal. and
awarded in just spirit OF accommodation.
think no event would be hailed with more
0IutllCutlOl Ul iuc pcufht VI iiO SbIlSN
Staes, than the amicable adjustment OF cues
tons Of difficulty. which have now for long
r tme agitated the country, and occupied. to
the exclusion OF other subjects, the time and
attention of Congress.
Having thus freely communicated the re-
suits ofmy own reflection, on the most adviSa-
bic mode of ad, listing The boundary question
| shall, nevertheless cheertuily acquicsce IL
any other mode which the wisdom Of Con-
gress may devise,
And, in conclusion. repeat my conviction.
that every consideration OF the public inte-
rest maniiesls the necessity of provision by
Congress for the settlement OF this boundary
quesiion, before the present session be
brought to Il close. The settlement OF other
questions, connected with the same subject,
within the same period is greatly TO be de-
sired; but the adjustment OF this, appears TO
me to be in the highest degree important
In the tram Of such an adjustment, we may
well hope that there will follow a return oil
harmony and good will, an increased attach
ment to the Union, and the general satlsiac-
ton OF the country.
WILLARD FILLMORE.
Washington. August 6: 1880.