The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-08-07

free to continue where they now reside; or to re-
move at any time TO the Mexican Republic, re-
tanning the property which they possess in the
said territories, or disposing thereof and remov-
their being subjected on this account, TO any con-
tributon, tax, or charge whatever.
s'Those who shall prefer to remain in the said
territories may either retain the title or rights
of Mexican citizens acquire those Of citizens
Of the United States. But they shall be under the
obligation to make their election within one year
from the date of the exchange of rattle atoms Of
this treaty; and those who shall remain in the
said territories amer the expiration Of the year;
without having declared their intention to retain
the character of Mexicans, shall be considered
to have elected TO become citizens Of the United
States. anthE Gaffl3h4
g In the said territories property of every kind,
now belonging TO Mexicans not established there,
shall be inviolably respected. The present own
ers, the heirs of these, and all Mexcans who may
hereafter acquire said property by contract shall
enjoy with respect to il, guarantees equally am
Pile as if the same belonged to citizens Of the
United States.
The ninth article of the the treaty is in these
words:
'.The Mexicans who, in the territories afore-
said, shall not preserve the character of citizens
of the Mexican Republic, conformably with what
ID stipulated in the preceding article, shall be i'm
corporated into the Union Of the United States,
and be admitted at the proper time ITO be judged
of by the Congress Of the United States) to the
enjoyment of all the rights of citizens Of the
United States, according to the principles of the
Constitution; and in the mean time. shall be main
tanned and protected in the free enjoyment Of their
liberty and property, and secured in the free ex
ercise Of their religion without restriction.
1t is plain. therefore, on the face of these treaty
snpulations that all MeXcans established in terri
tories north or east Of the line of demarkation all
L.
the ninth article and that the tready, being part
of the supreme law Of the land, does extend over
all such Mexicans, and assures to them perfect Sc
curity in the free enjoyment Of their liberty and
property, as well in the free exercise of their
religion; and this supreme law of the land being
thus in actual force over this territory, is to be
maintained until it shall bedisplaced superseded
by other legal provisions and if it be INSTRUCTED
or resisted by combinations too powerful to be
suppressed by the civil authority, the case is one
which comes within the provisions Of law, and
which obges the President to enforce these pro-
visions. Neither the Reconstruction or the laws, nor
my duty, or my oath of Office, leave me any alter
native, or any choice, in my mode Of action.
The Executive Government of the United
States has no power or authority to deter
mine what was the true line of boundary be-
tween Mexico and the United States before the
treaty Of Guadalupe Hdalgo, nor has it any such
power now, since the question has become
question between the State Of Texas and the
United States. So far as this boundary is doubt
full, that doubt can only be removed by some act
of Congress, to which the assent of the State of
Texas may be necessary or by some appropriate
mode of legal adjudication; but in the mean time
if disturbances or collisions arise should be
threatened, it is absolutely incumbent on the
Executive Government, however painful the duty,
to take care that the laws be faithfully maintained;
and he can regard only the actual state of things
existed at the date the treaty, and is bound to
protect all inhabitants who then established,
and who now remain north and east of the line of
demarkaton 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 was pos
sessed and occupied as New Mexico by citizens
of Mexico at the date of 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 be carried into Texas for trial
for alleged offences against Texan laws, does not
at all include any claim of power on the part of
the Executive to establish any civil or military
government within that Territory That poper
belongs exclusively to the legislative department,
and Congress is the sole judge of the time and
manner of creating or authorizing any such gov
ernments.
The duty of the Executive extends only to the
execution Of laws and the maintenance of treaties
actually in force, and the protection ofall the peo
pie of the United States in the enjoyment of the
rights which those treaties and laws guarantee.
1t is exceedingly desirable that no occasion
should arise for the exercise of the powers thus
vested in the President by the Constitution and
the laws. With whatever mdness those powers
might he executed or however clear the case of
necessity, yet consequences might nevertheless
follow, of which no human sagacity can foresee
either the evils or the end. 9Ha e.n
Having thus laid before Congress the commu-
nication Of his Excellency the Governor ofTexas,
and the answer thereto, and having made such OBJ
servations as | have thought the occasion called
for respecting constitutional obligations which may
arise in the further progress of things, and may
devolve on me to be performed, hope shall not
be regarded as stepping aside from the line of my
duty, Notwithstanding that am aware that the
subject is now before both Houses, if ! express
my deep and earnest conviction Of the importance
Of an immediate decision, or arrangement, or set
Element of the question of boundary between
Texas and the territory of New Mexico. All
considerations of justice, general expedency, and
domestic tranquility call for this 1t seems to be,
in its character and by position, the first, or one
of the first, of the questions growing out OF the
acquisition Of California and New Mexico, and
now requiring decision.
No Government can be established for New
Mexico, either State or Territory, until it shall be
first ascertained what New Mexico is, and what
are her limits and boundaries. These cannot be
fixed or known, till the line Of division between
her and Texas shall be ascertained and established
and numerous and weighty reasons conspire, in
my judgment, to show that this divisional line
should be established by Congress, 4ith the as
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 be accomplished.
If judicial proceedings were resorted to, such pro-
ceedings would necessarily be slow, and years
would pass by in all probability, before the con-
troversy could be ended. So great delay, in
this case, be avoided if possible. Such delay
would be every way inconvenient, and might be the
occasion Of disturbances and collisions. For the
same reason, l would, with the utmost Difference
to the wisdom Of Congress, express doubt of the
expedency Of the appointment of commissioners;
and Of an examination, estimate, and an award of
indemnity to be made by them. This would be
but species of arbitration, which might last as
long as suit at law.
So far as am able to comprehend the case, the
general facts are now all known, and Congress is
as capable of deciding on it., justly and properly
now, as it properly would be after the report of
the Con missioners. If the claim of title on the
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