The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1850-08-14
lHcssnge of the k'resIdesRas0S the
UnitesI states oll tlae Texas
Boundary Question:.

Governor of Toxas, dated on the I4th day
of June last, addressed 10 the late Prcsi-
dent of the United States, which, not hav-
ing been answered by him, came into my
hands on his death; and ! also transmit a
copy of the answer which have felt it to
be my duty to cause to be made to that
communication.
Congress will perceive that the Govern
nor of Texas officially states, that by
authority Of the Legislature of that State,
he despatched special Commissioner, with
full power and Instructions to extend the
civil jurisdiction of the State over the un-
organized countries Of FL passo, Worth,
Preside, and Santa Fc, situated on its
northwestern limits.
He proceeds TO say, that the Commits
Rioner had reported to him, in an official
form, that the military officers employed
in the service of the United States, station
ed at Santa Fe, intcrposed adversely, with
the inhabitants, 10 tho fullmcnt OF his Oh
icct, in favor Of the establishment, Of Sc
paratc State Government. cast of The Rio
GraBlc,and within the rghtful limits Of
the StafeSof Texas. These four counties
which Texas proposes tn establish and or
ganize, rs being within her own iurisdic-
ton, extend over the whole of the territory
east Of the Rio Grandc, which has, hereto
fore, been recorded as an essential and in
tegral part of the Department Of New
Mexico, and actually governed and possess
cd by her people, until conquered and SOW
cred from the Republic of Mexico by the
American arms.
< Tie Legislature of Texas has been call.
cd together by the Governor, for the pur-
pose, as is understood, Of mainiaing her
claim TO the territory east OF the Rio
Grande, and Of establishing over it her own
jurisdiction and her own laws, by force.
These proceedings OF Texas may we'll
arrest the attention Of all branches Of the
Government of the United States. and |
rejoice that they occur while The Congress
is yet in session. II is, fear, far from be-
ing improbable that, in consequence of
these proceedings Of Texas, a crisis may
be brought on which shall summon the two
houses Of Cou@rcss--and still more en-
platically tic Executive Govc"nmcnt--to
IN immediate readiness for the performance
of their respective duties.
BY the Constitution of the United States,
the President is constituted commandcr-in-
chief OF the army and navy, and OF the mill
tia Of the several States, when called into
tie actual service Of the United States.
The Constitution declares, also, ,hat he
shall take care that the laws he 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 Constitution,
to provide for calling for the militia to exc
cute the laws Of the Union; and suitable
appropriate acts of Congress have hccn
passed, as well for providing for calling
forth the militia, az for placing other suita-
ble and efficient means in tho hands Of the
President, 10 enable him to discharge the
constitutional functions Of his Office.
The second section Of the act Of the
,twenty-eigbth Of February, seventeen hum
dred and ninety. five, declares, that whcn-'
ever the laWso of the United States shall be
opposed, or their execution sobstrlicted, in
I 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 to be duly executed.
BY the act Of March 3, 1907, it is provi-
dcd that in all cases of obstruction to the
laws, either of the United States or anv in
dividual State or Territory, whore il is law
ibl ipi 'IlC IcSiuciiI w CHi III tllt lllIIl
lin for the purpose of causing the laws to
be duly executed, it shall be lawful for him
To employ for the same purposes, such part
of the land or naval force Of the United
States as shall be Judged necessary.
These several cnactmcnts are now in
full force; so that ii the laws OF The United
States are opposed or ohstructcd, in any
State or Territory, bv combinations too
fpl Ia, -, =
or civil authorities, it becomes case in
which it is the duty OF the President either
to call out the militia or To employ the mill
tia or to employ the military and naval
force Of the United States, or to do both, il
in his judgment the cXIgcncy of the occa-
sion shall so require, for tho purpose OF sup
pressing such combination.
The constitutional duty OF the Prcsdcn,
is plain and pcrcmptory; an1 the authority
vested i'll him by law, for its performance,
clear and ample.
Texas is a State authorized TO maintain
her own laws, so far as they are not rcpug-
nant to the Constitution, laws and treaties
of the United States; to suppress nsurrcc-
tions against her authority, and to punish
those who may commit treason against the
State, according To the forms provided by
her own Constitution and her own laws.
But all this power is local, ana confined
entirely within The limits OF Texas herself.
She can possibly confer no authority which
can be lawfully exercised beyond her own
boundaries.
All this is plain, and hardly needs argu-
ment or eucidation. II Texan militia,
therefore, march into any one of the other
States, or into any Territory Of the United
States, there TO execute or enforce any law
oi Texas, they become at that moment tres
pnssers; they are no longer under the pro-
lection OF any lawful authority. and arc to
be regarded merely as ntrudcrs, ana if
within such State or Territory they obs,ruct
any law OF the United States, either by pow
or o! arms or mere power OF numbers, CON
stitntjng such combination Us is too pow
erlul 10 be suppressed by the civil authorl-
", the President OF the United States has
no option left TO him, but is bound to obey
the solemn injunction Of the Constitutions
and exercise the high powers vested in
by him that instrument and by the Acts of
Congress.
Or, If anyciyi posse, armed or unarmcl.
onter into any Territory OF the United