The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-07

Teney Of this occasion shall require for The purpose Of
he Prssdsn, plain and psrsmptory and the authority
vested in him by law for is performances clear and ann
Texas State. authorized % maintain her ownaws. 50
far - they are not fepngnant the constitution laws and
againsiihe State. according the forms provided
But all this power local and confined entirely within
authority which can be lawfully exercised beyond her own
boundaries
All this |. plain and hardly needs argument .. eluoids,
ton II Texas militia therefore, march into amy one OF
the other States, or into any Territory Of the United States.
come al that moment hey are no longer under
the protection any lawful authority and are TO be regard
tory they obsuac, any law Of the Unsd States either bx
power Of arms Or mere power OF numbers, constituting
the es authority the Pissidsns Of The United States has
no option az 70 hun but Is bound 20 obey the solemn In
junction Of the CONSTITUTIONS and exercise the high powers
vested IN him ny that instrument and by the acts OF Con-
gress
Territory Of United States, under the procton Of the
laws thereof WIN WI. intent to seize individuals . be carried
powerful be resisted by local civil authorities such
seizure Or g seize = to be prevented or resisted by
The grave and important question now arises whsher
ofhe United States opposition which, the obstruction
70 which, would constitute case calling Tor the nterpos
The constitution OF the United States declares that this
constitution and the laws Of the United States which shall
which shall be made under the authority OF the United
states shall be the supreme lay OF ne land ~ there.
any treaty stipulation be in force theIein such treaty stpu-
aton the supreme law Of the land, and 10 to be main
In the letter the governor of Texas. my reasons
given Tor believing that New Mexico now territory o.
boundaries which belonged 10 IL while in the actual pos
In The early part Of that war both California and New
Mexico were conquered by the arms Of the United States
and were in the military possession Of the United States al
BY that treaty the title by conquest was confirmed, and
Mexico iorever aud by treaty certain important
rights and securities were soemny guaranteed 70 the in
BY the 9th article Of the treaty, il is declared that
the boundary line between the two republics shall
opposite the mouth of the Rio Grande, otherwise called
the Rio Bravo del Nore opposite the mouth OF It's deep
tying directly into the from thence, up the middle Of
that river following the deepest channel where has more
than the point where IL strikes the southern bouni
AIRY q New MEXICO thence wes.wardly along the whole
southern boundary Of New McKee, runs nIn o.
nohward along the western line OF New Mexico until
not any branch Of ha. rvsr then o The point on
the said line such branch and thence ia direct
and said ssr until into the
Colorado; thence the Rio Colorado, following the
division line between Upper and Lower California. to the
The 9Th article of the treaty is il the following
longing 20 Mexico and which remain for the future within
the Limits OF the United States defined by the present
at any time 70 the Mexican republic, retaining
the property which they in the said Territories,
they please without their being subjected this account
TO any CONTINUATION, tax, or charge whatever :.
"Those who shall prefer remain in the said Territories
may either retain the title and rights Of Mexican citizens
acquire those OF citizens OF the United states but they
shall be under the obligation make their election within
from the date of the exchange Of Publications OF
this aud those who shall remain in the said Terr,o
after the expiration that year. without having de-
their intention to retain the character Of Mexcans
shall be considered to have elected to become citizens OF
in the sad Territories properly Of every kind.
volaby respected The present owners heirs Of these
and ali Msxcans who may hereafter acquire said property
equally ample Il the belonged to citizens Of the
Tue oh article OF the treaty is in these words
The Mexicans who In Territories Aforesaid, shall pre-
the character OF citizens of Mexican public,
Be @esa ao Union Of the Gnsd
and be adtied the time o be Judged Of BY the
rights citizens Of the Uned States, according 10 The
principles Of The constitution and ia the mean te shall
Liberty and properly and secured In the Tree exercise oil
is plain, therefore, tbs face Of these treaty spula-
tons, that all Mexicans established in Territories north
within The pro,ec,on Of the Oh article and thai he eay
being part OF the supreme law OF the land, does extend
y in the free cnjoymen OF their liberty and properly as
well as In the free exercise Of their religion and this
ibis err,oy is to be- maintained until il shall be Displaced
or superseded by other legal provisions and be OBJ
by The civil Authority the Is one which
within the provisions law aud which obliges Pesi.
dent enforce those provisions Neither the constitution
or the laws my duty my oath Of Office, leave me
any alternative any choice in my mode Of action
The executive government Of the United States has no
authority to determine what the true line OF
boundary between Mexico and the United States before
now since the question has become question between
the State OF Texas and the United States So far this
boundary doubtful that doubt only be removed by
Of Congress- which the assent OF the State Of
Texas he necessary by some appropriate mode oil
legal adudcaton but la the time, II disturbances
collisions should be threatened IL Is absolutely
incumbent tho executive government however painful
tho duty take that the laws DO faithfully maintain
cd and he regard only the actual state OF things
existed at the date o the treaty. and y bound TO protect all
inhabitants who established, aud who
nannorh and OF the iine oil dcracaon In the full
enjoyment their liberty and property according the
provisions 9h article Of the treaiyi In other words
all must be regarded Ms New Mexico which was pos
the date the treaty, until definite line OF boundary
shall be established by competent authority.
This assertion OF duty protect the pcope OF New Mex
threatened Violence from seizures be carried
does all include any claim the part Of the
Executive establish any civil or military government
within Territory Thai p0u0 belongs exclusively 70
tho legislative department, and Congress IL tho sole judge
Of the time and manner OF creating authorizing any such
government
The duty of The Executive extends only the execution
Of laws and the maintenance of treaties already In
)rce and the protection of all the people OF the United
States In the enjoyment Of the rights which those treaties
aud laws guarantee.
is exceedingly desirable that occasion should arise
for the exercse oil the thus vested Ia the President
By the constitution and the laws. With whatever mild
nc s powers might be executed however clear the
case OF necessity yet consequences might, nevertheless.
evils the end.
Having thus laid before Congress the communication OF