The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-08-21

Il psTleri aecariznoe with BE pfoclama-
tiaa oT 6ensFsi kpaFney. dec'sFsd hat lie
MeKiesns remsiniag n shis Territory.
rhnsld be inr0rporaleA int she Unioa ef
The United States. ard he s1miiied AZ the
praPer line. 20 be Judged q By he Con-
gFrss Of the United Slzsesl 70 ths enjoy
nsras az all she tsehis &C eiiizens al the
uaiird States. arrordina 70 The principles
OF shr ccnssi'ulinn !" aud in The mean
timr should be maintained and protected
IL he FIRE enjny meni Of their liberty and
property. and ,ernred IN The frse exercise
"a their ~liginn without restriction"
Thu. u viii be perceived hat The suihori-
~ Of the UnIied Stairs over New Mexi-
. go wss ihe result of conquest; and the
possession held &c il. in The first place.
was of rounse military possession. The
treaty added the lille by ression 20 he
already existing tile by successful achieve
mems in arms. With The peace. there
arose natural expectation that. as early
as possible. there would come civil go-
sernment IN supercede The military. But.
until some surh form Of government
shonid come into exisiener. il was mat
Ter Of absolute necessity thai the military
government should continue. as otherwise
ihecounsry must fail Into absolute anarchy.
And this has been the course. generally.
in The practice OF civilized nations. when
colonies or territories have been acquired
By war. and their acquisition confirmed
by treaty.
The military government. therefore.
existing in New Mexico al the date OF
ille order, existed there OF inevitable ne
cessiiy. II existed as much against The
will Of the Executive Government of ihe
United Staies as against the will Of The
people. The late President had adopted
li,e opinioa that IL was jusiiisble 10 The
people Of the Territory. under the cirrnm-
stances. To form constitution Of govern
meni. without any previous authority con.
ferred by Congress; and lhereapon to APP
aply Tor admission into the Union. II
was under this state Of things. and under
The influence Of these opinions. that The
order Of The l9lh Novembrr last was Civ
en-. and executed in The manner we have
seen. The order indicates no boundary.
and defines no territory, except by The
name Of New Mexiccs and so FAR rs ilal
indicated any thing il referred TO known
Territory. which had been organized un-
DEE military authority, approved by the
Executive. and left without remonslrance
or alteration by Congress, Tor more than
three years. II appears 10 the President
that such an order could moi have been
intended 10 invade The rights OF Texas.
Secondly. you ask whether the procla-
nation Of Colonel Munroe meets with The
approval Of the President Of the United
Slatesi
To determine this question II is neces.
sary TO look at the object OF the procla.
nation aud the effect Of the proceedings
had under IL. "a
u the object was TO assume the auiho-
lily TO settle the disputed boundary with
Texas, then the President has no hesita-
ton 10 saying thai such object does not
meet his appreciation, because he does not
believe that the Executive branch &c this
Government, or the inhabitants Of New
Mexico, or both combined. have any con.
siituiiona authority 10 settle that question.
That belongs either Ia The Judicial Depart
ment Of the Federal Government, or to
The concurrent action by agreement OF The
Legislative Departments of the Govern
menis OF the United States aud 'rexse.
But il has been sufficiently shown that
Col. Munroe could have had no such ob.
jeci. and that his intention was merely 10
actin aid Of The people in forming State
constitution TO be submitted TO Congress.
Assuming then that such constitution
has been formed. what is its effect upon
The disputed boundary! sif i,comprom,ls
The rights &c eiher party 10 tha, question
then IL does not meet the Presidents ap
proba,ion; for he derms il his duty ID
leave the settlement of that question to tlit
inbunaliowhichi,c onstiinlionally belongs
lis sufficient for him that this boundary
is in dispute; that territory east OF the Rio
del Norie seems 10 be claimed in gont
faith both by Texas and New Mexico. o.
rather by the United States. Whaieve
might be his Judgment in regard to thei'
respective rights, he has no power TO de-
decide upon them. or even 10 negotiate Il
regard TO them: and therefore il would b
improper for him TO express any opinion
The subject matter Of dispute is between
the United States and Texas. and not be
tween The inhabitants of New Mexico ant
Texas. Iflhose people should volunsaril,
consent TO come under the jurisdiction o
Texas. such consent would not bind TIN
United States or take away their title 4
The territory. So. on The other hand. il the,
should voluntarily claim the title for lh,
United States, il would not deprive rexa
ofhcrrgihs. Whatever those rights may be
they can only be effected by her own ac,
or Judicial decision. The State consii
tuition formed by New Mexico can have N
legal validity until It is recognised aud adop
ted by thelawmaking power of Unite
States. Until that is done. il has no sane