The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1850-08-16

ment, however painful the duty, 10 take
care that the laws are faithfully maintained
And he can regard only the actual state Of
things rs It existed a, the dale of the treaty
and is bound 10 protect all inhabitants who
were then established and who now remain
North and East OF the line of demarkation,
IN the full enjoyment of their Liberty and
property, according 10 the provisions OF the
.Gh article Of the treaty; in other words,
that all must be now regarded as New
Mexico which was possessed and occupied
as New Mexico by citizens Of Mexico at
the treaty. until a definite line Of bounda
~ shall be established by competent au.
lhoriy. This assertion Of duty to protect
the people OF New Mexico from threatened
violence, or from seizure 10 be carried into
Texas for trial for alleged offences against
Texan laws. does not al all include any
claim 81 power on the part Of the Execu-
i've 10 establish any civil or military gov
ernmenl within that terriloiy. That pOper
belongs exclusively 10 the Legislative de-
parlmenr, and Congress is the sole judge Of
the time and manner OF creating or author
rzlns any such Government. The duty Of
III. Executive extends only TO the eXecu-
uon OF laws and the maintenance Of treaties
already in force. and the protection of all
The people OF the United States in the en-
joymsnl OF the rights which those treaties
and laws guaranty. tits exceedingly desi-
rah,s tina, no occasion should arise for the
exercise OF the powers thus vested in the
President bv the constitution and the laws.
With whatever mIldness those powers
might be executed. or however clear the
case Of necessity. yet consequences might
nevertheless follow, OF which no human
sagaci'y can loressee either the evils or the
end.
Having thus LAID before Congress the
communication of his Excellency the Gov.
ernor of Texas, and the answer thereto,
and having made such observations as
have thought the occasion called for, re-
speeding constitutional obligations which
may arise in the further progress Of things,
and may devolve on me 10 be performed,
hope shall not be regarded as stepping
aside from the line of duty, norwiths,and-
ing that am aware that the subject is now
before both Houses. if express my deep
and earnest conviction of the propriety o.
an immediate decision, or arrangement, or
settlement of the question Of boundary be-
tween Texas and the Territory OF New
Mexico. All considerations of justice,
general expediency. and domestic tranquil.
ity calls Tor this. II seems to be. in lis
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 calling for decision.
No Government can be established for
New Mexico, either State or Territorial,
until 1t shall be first ascerianed what New
Mexico j., and what are her limits. and
boundaries. These cannot be fixed or
known till the line Of division between her
and Texas shall be ascerlained and esiab-
lished; and numerous and weighty reasons
conspire. in my judgment, 10 show that this
divisional line should be established by
Congress, with the assen, Of the Govern
meni OF Texas. In the frs, place, this
seems by far the most promp, mode Of prov
ceeding by which the end can be accom-
plished. Il judicial proceedings were re-
sorted to, such proceedings would necessa.
rily be slow, and years would pass by, in
all probability. before the controversy could
be ended. So great delay in this case IS
to be avoided. if possible. 1t would be
every way inconvenieni, and might be the
occasion Of disturbances and collisions.
For the same reason, ! would, with the
utmost Difference 10 the wisdom Of Con
gress, express doubt of the appointment
Of commissioners, and OF an examination
estimate, and an award of indemnify to b.
made by them. THIS would be but a spe
cies 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 well
know and Congress is as capable of de.
Gliding on i, justly and properly now as it
probably would be after the report Of com.
missioners.
If the claim of title on the part of Texas
appear 10 Congress 10 be well founded, in
whole or in part, it is in the competency oil
Congress 10 offer her an indemnify for the
surrender of that claim. In case like this
surrounded as It is by many cogen, consld.
era,ions, all calling for amicdbIe adjustment
and immediate settlement, the Government
OF the United States would be justified, ~
my opinion, in allowing an indemnify Il
Texas, not unreasonable and extravagant
but fair, liberal, and awarded in a just spin
oil accommodation.
| think no event would be hailed witt
more qualification by the people Of ih'
United States than the amicable arrange
ment OF questions OF difficulty, which hav'
now for long time agilsied the country
and occupied, TO the exclusion Of othe
subjects, the time and attention oil Con
gress.
Having thus freely communicated thu
results of my own reflections on the mos
advisable mode Of adjusting the boundary
| question, | shall nevertheless cheerfully &C
quiesce IN any other mode which the wis.
dom of Congress may devise.
And, in conclusion, ! repeat my convc
ton that every consideration Of public IN
teres, maniiesIs the necessity OF provision
BY Congress for the settlement OF th
boundary question before the present ses'
SION BE- brought 10 close. The seItlemen
of other questions connected with the sam.
subject, within the same period, is greatly
10 be desired; but the adjustment Of this ap'
pears TO me 10 be in the highest degree i'm
portant. In the train Of such an adjust.
ment, we may well hope that there will
follow return Of harmony and good will
an increased attachment 10 the Union, ant
the general satisfaction of the county.
WILLARD FILLMORE.
CoNcERr.-The Concert at the Methods