Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-08-15

can Republic, conlormaby with what is stipulated in
the preceding article, shall be Incorporated into the
Union Of the United States and be admitted at the pro-
per time Ito be Judged of by the Congress OF the United
Saes the enjoyment Of all the rights Of citizens of
the United States according 10 the principles OF the
Constitution; and in the meantime shall be maintained
and protected in the free enjoyment OF their liberty and
property and secured in the free exercise of their re
gion, without restriction"
1t plain therefore, the face of these treaty stipu
latons that all Mexicans established in territories north
east Of the line OF demarkaton already mentioned
within the protection Of the ninth articles and that
the treaty being part of the supreme law OF the land
does extend all such Mexcans and to them
perfect security in the free enjoyment of their liberty and
property, well in the free exercise OF their religion
and this supreme law of the land being thus in actual
force this territory is to be maintained until IT
shall be displaced superseded by other legal prov
sions and If it be INSTRUCTED resisted by combinations
too powerful be suppressed by the civil authority the
which within the provisions OF the law
and which oiees the President enforce these prov
sions Neither the constitution, the laws, nor my
DUTY my oath Of Office leave any alternative,
any choice in my mode of action.
The Executive Government of the United States has
no power authority to determine what was the true
line of boundary between Mexico aud the United States
before the treaty of Guadalupe Hidalgo, il any
such power since the question has become question
between the State of Texas and the United States So
far this boundary doubtful that doubt can only be
removed by act of Congress- to which the assent
of the State of Texas may he necessary, by ap
propriate mode of legal adjudication but in the mean
time If disturbances collisions arise should be threat
ened, ii is absolutely incumbent the Executive Gov
eminent however painful the duty, to take that
the laws be faithfully maintained and he regard
only the actual of things existed at the date of
the treaty and is bound protect all inhabitants who
were then established, and who remain north and
of the line of demarkaon in the full enjoyment of
their liberty and property according to the provisions OF
the 9th article of the treaty. in other words, all must be
now regarded as New Mexico which possessed and
occupied as New Mexico by citizens of Mexico at the
date of the treaty until definite line of boundary shall
be established by competent authority This assertion
of duty to protect the people OF New Mexico from
threatened violence from seizure to he carried into
Texas for trial for alleged offences against Texan laws,
does all include any claim of power the part of
the Executive establish any civil military govern
within that Territory. That po,cr belongs exclu-
sively the Legislative department, and Congress is
the sole Judge OF the time and manner oil creating or
authorship any such governments.
The duty of the Executive extends only to the execu
ton 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 trea
ties and laws guarantee.
1t is exceedingly desirable that occasion should
arise for the exercise Of the powers thus vested 10 the
President by the Constitution and the laws With what
mldncss those powers might he executed or how
clear the Of necessity yet consequences might
nevertheless follow, of which human sagacity can
foresee either the evils or the end.
Having thus laid before Congress the communication
of his Exceency the Governor of Texas and the answer
/ Il
thought the occasion called for respecting constitutional
obligations which arise in the further progress OF
things and may devove to be performed, hope
shall not be regarded stepping aside from the line
of nv duty, notwithstanding that aware that the
subject before both Houses, if express my deep
and conviction of the Importance OF an immediate
decision, arrangement settlement oil the question
of boundary between Texas and the territory of New
Mexico. All considerations of Justice, general expe-
dency and domestic tranquility call for this. 1t seems
be, in its character and by position, the first,
of the first of the questions growing out OF the
QUESTION of California and New Mexico and now roquir-
ing decision
! No government can be established for New Mexico,
either State Territory, until shall be first ascertain
ed what New Mexico is and what are her limits and
boundaries. These cannot be fixed KNOWN till the
line of division between her and Texas shall he ascer
tanned and estabshed-and numerous and wcighty
conspre my Judgment, to show that this division
al line should be established by Congress, with the
sent of the government of Texas. In the first place,
this seems by far the most prompt mode OF proceeding,
by which the end can he accomplished III judicial pro-
ceedings resorted to, such proceedings would
necessarily be slow, and years would pass by, In all
probability, before the controversy could he ended So
great delay this case, to be avoided if possible.
Such delay would be every way nconyenent, and might
be the occasion of disturbances and collisions For the
same reason would with the Difference the
wisdom OF Congress- express doubt oil the expectancy
of the appointment commissioners, and OF examn-
ation estimate, and award of indemnity to be made
| by them This would he but species OF arbitration,
which might last as long a suit at law.
/
So far as am able to comprehend the case, the gene
raj facts now all known and Congress is capable
of deciding it, justly and properly now, as probably
would he after the report of the Commissioners II the
claim of title the part of Texas appears to Congress
to be we'll founded in whole part it is in the compe
tency of Congress offer her indemnity for the
render of that claim. In like this, surrounded
1t is, by many cogent considerations, all calling for
amicable adjustment and immediate settlement, the
Government of the United States would he Justified in
my opinion in allowing indemnity to Texas, not nm
reasonable and extravaganza hut FAIR, liberal, and
awarded in Just spirit of accommodation
think event would be hailed with more gratifca-
ton by the people of the United States, than the
amcable adjustment of questions of difficulty, which
have now for long time, agtated the country and &C.
cuped the exclusion of other subjects, the time and
attention of Congress.
Having thus freely communicated the results oil my
reflection, the most advisable mode OF adjusting
the boundary question, shall, nevertheless, cheerfuy
acquiesce in any other mode which the wisdom OF Con-
gress may devise.
And in conclusion repeat conviction, that every
consideration of the public interest, manests the neces
sty of provision by Congress for the settlement oil this
boundary question: before the present session be brought
to close The settlement ofother questions, connected
with the subject, within the same PERIOD Is great
H be desired but the adjustment of this appears to
me- to be in the highest degree important In the train
Of such adjustment, may well hope that there will
follow return of harmony and good will, an increased
attachment the Unon and the general satisfaction OF
the country WILLARD FILLMORE.
Washington August 6, 1850.
u We have frequently heard conradicted, that Mr.
Corwn used the expression attributed to him in the
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