The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1850-08-17

a. Z q II
Grande are so utterly opposed 70 those of the
II Texans, as to render il impossible for them TO
A live together citizens Of the State. He
would suppose that gentlemen would be willing
20 take the declaration Of the recent President as
of some little authority, and acknowledge that the
inhabitants of that strip OF land would be in per-
haps good a condition under Texan rule as
under the military laws established there by the
authority OF the President of the United States.
| Speaking of the military law established there,
President Taylor said in his California message
at is undoubtedly that the property lives, lib
critics, and religion OF the people OF New Mexico
are better protected than they ever were before
| the treaty of'cession."
i President Fillmore, in his recent message to
i Congress, while he dsclaims authority or inten-
ton to settle the question of boundary, takes Po-
sitions which amount to a settlement of il against
Texas will read the ninth article OF the treaty
4 The ninth article Of the treaty is in these words
4 '''The Mexicals who in the territories afere
said, shall not preserve the character or citizens Of
the Mexican Republic, conformably with what is
stipulated in the preceding article, shall be moor
|porated 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 enjoy
ment Of all the rights Of citizens of the United
States, according the principles Of the Constr
stitution; and in the mean time shall be mann
tanned and projected III the free enjoyment of their
liberty and property, and secured IN the free exer
Upon which article the President goes on to
| say
1t is plain, therefore, on the face of these treaty
stipulations, that all Mexicans established in ter
| ritOres north or east of the line Of demarkaton
already mentioned, come within the protection of
the ninth article and that the treaty, being part
of the supreme law of the land, does extend over
all such Mexicans, and assures to them perfect
security 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
i thus in actual force this territory, is TO be
maintained until it shall be displaced or superseded
by other legal provisions and II 1t be INSTRUCTED
\ or resisted by combinations too powerful to be sup
pressed by the civil authority, the case Is one
/ which comes within the provisions OF law, and
which obliges the President to enforce these pro-
4 visions. Neither the Constitution or the laws,
nor my duty or my oath of Office, leave me any
alternative, or any choice, in my mode of action:
Il "The Executive Government of the United
4 States has no power authority to determine
what was the true line Of boundary between Mex
leo and the United States before the treaty OF
Guadalupe Hidalgo, nor has 1t 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 doubtful that doubt
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
j adjudication; but in the time if disturbances
absolutely incumbent on the Executive Govern
ment, however painful the duty, to take care that
the laws be faithfully maintained; and he can regard
Only the actual state of things it existed at the
/, date of the treaty. and is bound to protect all IN
habitants who were then established, and who
4 now remain north and east of the line of demarka-
ton, 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 New Mexico by citizens
of Mexico the date of the treaty, until definite
| line of boundary shall be established by compe-
tent authority This assertion of duty to protect
the people Of New Mexico from threatened vlo-
ence or 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. 1hat-po,cer
belongs exclusively to the legislative department,
and Congress is the sole judge Of the time and
manner Of creating authorizing any such gov
, ernments.
, 'sThe duty Of the Executive extends only to the
execution of laws and the maintenance of treaties
actually in force, and the protection of all the peo
pie of the United States in the enjoyment of their
rights, which those treaties and laws guarantee. "
As il the same protection to their lives, liberty,
and the enjoyment Of their religion. not af
forded under the laws of Texas as would be af
forded by the military government established by
the President over New Mexico! or by any terri
torial government which Congress might substi
tue for it! And there was no reason for the
threatening attitude which the President has seen
fit to assume in this communication The intima
ton that it may become necessary for him to use
the military arm of the Government to sustain the
possession Of the United STATES to this territory,
If Texas determines to extend her jurisdiction
over it, will be found TO have been easier written
) than executed
Mr.. Chairman, | do not know what position
Texas may assume in regard TO her own bound
airy. | declared in speech delivered in this
House, upon the subject of the Texan boundary.
and the Mexican war, that the title Of Texas
complete at that period To the Rio Grande. She
certainly has lost nothing by the action OF this
Government since that time. This Government,
when acting agent to settle the question in dis
! pute between Texas and Mexico, could not as
sumo to make any negotiation excluding the rights
of the party for whom she was acting TO her own
beneft-bui she WAS bound to exercise her trust
for the benefit Of Texas. The Government OBJ
tanned the line for which she went to war; the Rio
Grande and beyond it ; and TO meet the claim of
Texas TO that line is indisputable in or in
! justice-though gentlemen sometimes undertake
TO throw doubts upon it in this House.
i | perceive, Mr.. Chairman, that shall not have
time to allude TO the other propositions contained
in the report OF the Committee Of Thirteen in re-
gard to the surrender Of fugitive slaves and to the
abolition Of the slave trade in the District of CO.
portunty, when these questions come before it,
| am anxious, perhaps as anxious any member
of this House. that all these unfortunate questions
of difference between the North and South should
be amicably settled. | still entertain a glimmer-
ing hope that returning sense Of justice on the
part ofour brethren of the North will accord to us
our rights, and will induce the House to do some
thing like justice upon all these questions. If this
shall he refused, know not what course my own
State may be compelled TO take. IL has been
made the duty Of the Governor Of that State, il
California should be admitted into the Union as a
State with her present pretended boundaries,
under all the circumstances OF fraud and Of irregu-
larity which attended its formation, call con-
vention Of the people Of that State.
IL is not, by any means, my purpose to urge
the people 10 the adoption OF any particular line
of conduct; but notwithstanding the denuncia-
tons with which may be assaiIed, here or else
where, l shall speak my sentiments freely. will
stand to your Union so long MS il gives me and
mine justice. When it ceases to do hat--when
/ it fails to protect my property and my rights
then, from the necessity Of the case, the question
1 forces itself upon my mind, whether grievances
| of this nafure shall be endured or not When