Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1850-08-23


existing in New Mexico at the date
of the order, existed there Of inevi-
table necessity. 1t existed as much
against the will of the Executive
Government of the United States as
against the will of the people. The
late President had adopted the opin-
ion that it was justifiable in the peo-
Gle OF the Territory, under the cir
cumstances, to, form a constitution of
government, without any previous
authority conferred by Congress; and
thereupon to apply for admission IN
to the Union. ltwas under this state
ofthings, and under the influence of
these opinions, that the order of the
18th, November last was given, and
executed in the manner we have
seen. The order indicates no boun-
Diary, and defines no territory, except
by the name of New Mexico; and so
faras that Indicated any thing, it re-
ferred to known Territory, which
had been organized under military
authority, approved by the Execu-
tive, and left without remonstrance
or alteration by Congress, for more
than three years. 1t appears to the
President that such an order could
not have been intended to invade
the rights ofTeXas.
Secondly, you ask whether the
proclamation ofCol. Munroe meets
with the approval of the President of
the United States2 t ualnu
To determine this question it is
necessary to look at the object of the
proclamation and the effect of the
proceedings had underit.
If the object was to assume the
authority to settle the disputed boun-
Diary with Texas, then the President
has no hesitation in saying that such
an object does moi meet his approba,
ton, because he does not believe that
the Executive branch ofthis Govern
ment, orthe inhabitants ofNew Mex
leo, or both combined, have any con-
stitutional authority to settle that
question, That belongs either to the
Judicial Department of tn Federal
Government or to the concurrent
action by agreement of the Legisla
tive Departmentsofthe Governments
of the United States and Texas. But
it has been sufficiently shown that
Col Monroe could have no such OBJ
iect, and that his intention was mere
ly to act in aid of the people in form
ing a State constitution obe submit
ted to Congress. Assumi q then
that such a constitution has been
formed, what is its effect upon the
disputed boundary? If it compro
mits the rights of either party to that
question, then it does not meet the
Presidents appreciation; for he deems
it his duty to leave the settlement OF
that question to the tribunal TO which
1T constitutionally belongs. 1t is suf-
ficient for him that this boundary is
in disputes that the territory east ol
the Rio del Norte seems to be claim
ed in good faith by Texas and New
Mexico, or rather by the United
States. Whatever might be his
Judgment ii, regard to their respcc
tive rights, he has no power to de.
eide uponthem, or even to negotiate
in regard TO them; and therefore il
would be improper for him to ex,
press any opinion. The subject mat
ter of dispute is between the United
States and Texas, and not between
the inhabitants of New Mexico anc
Texas, If these peepie should vol
unfairly consent to come under the
jurisdiction of Texas, such consent
,wouldno bind the United States ol
take away their title to the territory
ESo, on the other hand, if they should
voluntarily claim the title for The u
nited States; it would not deprive
texas other rights. Whatever tho {
rights may be, they can only be af
fected by her own acts or a judicia
decision The State constitution
| formed by New Mexico can have nt
legal validity, until it is recognisct
and adopted by the law7making pow
/ or of the United States, Until that's
/ done,2it has no sanction, and cal
have no effect, upon the right ofTex
as or Of oftheUnited States TO the ter
/ Iritory in dispute. Aud it is not to be
1 presumed, that Congress will evel
i give its sanction to that constitution
! without first providing for the settle
[ment of this boundary. Indeed, nc
Egovernment,, either Territorial o.
d State, canbe formed for New Mex
4 leo, without providing for settling thi
boundary. Hence he regards tn,
formation of this State constitutio,
as a mere nulity. j may beregard