Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1850-08-30

To the Senate Of the United States,
and House of Representatives.

~ tHc OcHutC " tHc CWGeu OLut6S,
and House of Representatives.
| herewith transmit to the two Houses
of Congress letter from his excellency
the Governor Of Texas, dated on the 4tl
day of June last addressed to the lat,
President of the United States, which
not having been answered by him, came
TO my hands on his death; and l alst
transmit copy of the answer which
have felt it TO be my duty to cause to b'
made TO that communication.
Congress will perceive that the Gov
ernor of Texas officially, states, that by
authority of the Legislature of that State
he despatched special commissioner
with full power and instructions to ex
tend the civil jurisdiction of the Stat.
over the unorganized counties of Ell Pas
so, Worth, Preside, and Santa Fe, sit
uated on the northwestern limits.
He proceeds to say, that the Commits.
sioner had reported to him, in an official
form, that the m iitary officers employed
in the service of the United States, sta.
toned at Santa Fe, interposed adversely
with the inhabitants, to the fulillment oi
his object. in favor of the establishment
OF separate State government, east oi
the Rio Grande, and within the rightful
limits of the State of Texas. These
four counties which Texas proposes to
establish and organize, as being within
her own jurisdiction, extend over the
whole territory east Of the Rio Grande,
which has heretofore been regarded as
an essential and integral part Of the de-
par,ment of New Mexico, and actually
governed and possessed by her people,
until conquered and severed from the
republic of Mexico by The American
arms.
The Legislature of Texas has been
called together by the Governor, for the
purpose, as is understood, of maintaining
her claim 10 the territory east of the
Rio Grande, and establishing over it her
own jurisdiction and her own laws, by
force.
These proceedings of Texas may
well arrest the attention of all branches
OF the Government of the United States,
and ! rejoice that they occur while Con-
gress is yet in session. 1T is, fear, far
from being impossible that, in conse-
quence of these proceedings of Texas,
a crisis may be brought on which shall
summon the two Houses of Congress-
aud still more emphatically the Executive
Goyernment--to an immediate readiness
Tor the performance of their respective
duties.
BY the constitution Of the Uuited
States, the President is constituted COM
mander-in-Chief of the army and navy,
and of the militia of the several States,
west, called into the actual service of the
United States. The constitution de-
clares, also, that he shall take care that
the laws be faithfully executed, and that
he shall, from time TO time give to the
Congress Information of the state OF the
Union.
Congress has power by the constitu-
tion to provide for calling forth the mill.
tia 10 execute the laws Of the Union; and
suitable and appropriate acts of Con-
gress have been passed, as well for pro-
viding for calling forth the militia, as for
placing other suitable and efficient means
in the hands of the President, to enable
him to discharge the constitutional func-
tions of has Office.
The second section of the act of the
twenty. eighth of February, seventeen
hundred and ninety-five, declares, that
whenever the laws Of the United States
shall be opposed, or their execution OBJ
structed, in any State, by combinations
too powerful to be suppressed by the
ordinary course of judicial proceedings,
or the power vested in the marshals, the
President may call forth the militia, so
far as may be necessary, to suppress
such combinations, and to cause the laws
10 be duly executed.
By the act Of March 3D., 1907, it is
provided that in all cases of obstruction
to tie laws, either OF the United States
or any individual State or Territory,
where il is lawful for the President TO
call forth the militia for the purpose of
causing the laws to be duly executed, it
shall be lawful for him to employ, for the
same purpose, snch part of the land or
naval force of the United States as shall
be judged necessary.
These several enactments are now in
full force, so that if the laws Of the Uni
ted States are opposed or obstructed, in
any State or Territory, by combinations
too powerful TO be suppressed by the ju-
dicial or civil authorities, it becomes a
case in which it is the duty of the Pres
ident either TO call out the militia or to
employ the military and naval force OF
the United States or TO do both, if in his
judgement the exigency Of the occasion
shall SO require, for the purpose of sup
pressing such combination.
The constitutional duly of the Presi-
dent is plain and peremptory: and the au-
thority vested in him by law, for its per-
Torrance, clear and ample.
Texas is State authorized 10 maintain
her own laws. SO far as they are not re-
pugnant TO the constitution. la ws and trea-
ties of the United States, to suppress in
surrec.ions against her authority and 10
punish those who may commit treason