The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1850-08-10
PRESIDENT FILLMoRE,s MESSAGE.

10 The Senate AID House Of Representatives.:
herewith transmit to the two houses of Congress
letter from his Excelency, the Governor of Texas,
dated on the l4th day Of June last addressed to the
late President of the United States which not having
been answered by him, came to my hands on his
death; and | also transmit 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 Governor of Tex
as officially states, that by authority of the Legisa
ture of that State he dispatched special Commits
sioner with full power and instructions to extend the
civil jurisdiction of the State over the unorganlzed
counties of Ell Paso, Worth, Preside, and Santa Fe,
situated on its northwestern limits
He proceeds TO say, that the Commissioner had
reported to him, in official form, that the military
officers employed in the service of the United States
stationed at Santa Fe, nterposed adversely with the
inhabitants, to the ulfllment of his object n favor
of the establishment of separate State government
east Of the Rio Grande, and within the rIghtul Inn
its of the State of Texas These four counties
which Texas proposes TO establish and organize, as
being within her jurisdiction, extend over the
whole of the territory east of the Rio Grande which
has heretofore been regarded essential and in
tegral part of the Department of New Mexico, and
actually governed and possessed by her people, until
conquered and severed from the Republic Of Mexico
by the American arms.
L
er by the Governor, for the purpose, as is under
Stood of maintaining 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 well 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. 1t is, fear far from
being impossible that, in consequence of these pro-
ceedings Of Texas crisis may be brought on which
| hal hot tsroH &c
more emphatcally the Executive Government-to
an immediate readiness for the Performance of their
respective duties ~ F
By the Constitution of the United States, the
President is constituted commander-in-chef of the
army and navy; and of the militia of the several
States when called into the actual service of the
United States. The Constitution declares. also.
that he shall take that the laws be faithfully ex
ecued, and that he shall, from time to time, give
to the Congress information of the state of the I'm
ion.
Congress has power by the Constitution, to pro-
vide for calling forth the militia to execute the laws
of the Union; and suitable and appropriate acts of
Congress have been passed. well for providing 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 functions
of his office. cne
The second section of the act of the twenty
eighth of February, seventeen hundred and ninety
hive, declares, that whenever the laws of the Unit
ed States shall be opposed, or their execution OBJ
stracted, in any State, by combinations too powerful
to be suppressed by the ordinary course of judicial
4 proceedings, or the power vested in the marshals
the President may call forth the militia far may
be necessary, to suppress such combinations and to
cause the laws to be duly executed.
BY the act of March 8, 1907, it is provided that in
all cases of obstruction to the laws either of the
United States any individual State or Territory
yhora Ia, ,Gxl al. D.
militia Tor the purpose of causing the laws to be dull,
executed, it shall be lawful for him to employ. fo
i the same purposes, such part of the land or naya
u force Of the United States shall be Judged neces
: sary.
e These several enactments are now in full force
that if the laws of the United States are opposed
or DISTRACTED, in any State or Territory by combin
atoms too powerful to be suppressed by the judica
or civil authorities, it becomes case in which if il
the duty of the President, either to call out the mill
TIA or to employ the military and naval force of the
United States, or to do both, if in his Judgment the
exigency of the occasion shall so require. for thu
purpose ofsuppressing such combination. .-,g
. The constitutional duty of the President is plair
ana peremp:ory; and the authority vested in him BY
law, for its performance, clear and ample. l54.8'
I Texas is State authorized to maintain her ,owr
laws so far they are not repugnant to the Const
tuition, laws and treaties Of the United States to sun
press instructions against her authority and to pun
lsh those who may commit treason against the State
according to the forms provided by her own constitu
ton and her own laws. h' ~ tt23t aa l4toN
But all this power is local, and confined entrel,
j. within the limits of Texas herself She can possbl,
confer no authority, which can be lawfully exercised
beyond her own boundaries 9# sanGeSd mH4iF
? All tins is plain, and hardly needs argument o
calculation. If Texan militia therefore, march in
to any one Of the other States or into any territor,
OF the United States there to execute or enforce AM
law OF exas, they become at that moment trespas
sers they are no longer under the protection of an,
y lawful authority, and are to be regarded merely a
D ntruders and if within such State or Territory The,
obstruct any law Of the United States either h;
power OF arms or mere power Of numbers cons,itu
lng SUCH combination as is too powerful to be sun
pressed by the civil authority, the President of M
u United States has no option left to him, but bount
L TO obey the solemn injunction of the Constitution
= and exercise the high powers vested in him bv tho
. instrument, and by the acts Of Congress t
|, Or, if any civil posse, armed or unar,ned ente
Y INTO any territory of the United States under M
protection of the laws thereof with intent to seiz,
individuals to be carried elsewhere for trial for aeg
ed Offences and this posse be too powerful 10 be re-
sisted by the local and civil authorities, such sezur
attempt to seize, is to be prevented or resisted III
the authority Of the United States. g f77Fs' y
The grave and important question now arises
whether there be, in the territory of New Mexico
any existing law of the United States--opposiio Il
! which, or obstruction Of which, would Constitute
case calling for the interpretation of the authorit,
vested n the President The constitution of M
+, United States declares that this