The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-07

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 10 understood
ui maintaining her CLAIM the territory east OF the
Rio Grande, and of establishing il her own ju-
'isdiction 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
he Congress Is yet iii session. II Is, fear, far
from being impossible that, IN consequence oil these
proceedings OF Texas, crisis may be brought on
which shah summon the two Houses of Congress
and still more einphatically the Executive Govern
nentto an immediate readiness for the perform
ance OF their respective dutes
by the Constitution of the United tates, the
President 10 constituted commander in chief of the
army and navy, and oil the militia of the several
Staes when called into the actual service OF the
United States. The Constitution declares, also, that
he shall take care that the laws be faithfully
cuted, 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 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 pro-
vding for calling forth the militia, for placing
other suitable and efficient means in the hands oi
The President, TO enable hin, 10 discharge the
stitutonal functions of his 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 Uni
| led States shall be opposed, their execution
| obstructed in any State, by combinations two
| 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 tar as may be necessary to suppress such com
| bnatons, and to cause the laws TO be duly exc
cuted.
| BY the act of March 3, 1907 it ia provided that
in all cases of obstruction to the laws either of the
United States any individual State or Territory,
where 1t 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,
4 Tor the purposes, such OF the land
val force OF the United States as shall be judged
| necessary.
These several cnactments are now in full force
that if the laws of the United States opposed
or obstructed, in any State or Territory, by com
bnatons too powerful to be suppressed by the
Judicial or civil authorities, it becomes in
which it is the duty Of the President either to call
out the militia to employ the military and naval
force of the United States, to do both, if in his
Judgment the exigency of the occasion shall re-
quirc for the purpose OF suppressing such combina
| uon.
The constitutional duty of the President is
| plain and peremptory; and the authority vested in
| him by law, for its performance, clear and ample.
| Texas IL a State authorized to maintain her own
laws, SO far as they are not repugnant to the Con-
sttution, laws and treaties of the United States to
suppress instructions 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, and confined entirely
within the limits Of Texas herself. She posi-
| Oily confer no authority winch can DC lawfully eX-
| erciscd beyond her own boundaries.
| All this Is plain, and hardly needs argument or
| elucidation. II Texan militia, therefore, march
into any Of the other States or into any terri
tory of the United States, there to execute en-
| force any law of Texas, they become at that
moment trespassers; they are no longer under the
| protection OF any lawful authority, and are to be
regarded merely as intruders; and if within such
State or Territory they obStruct any law of the
United States, either by power Of arms mere
| power of numbers, constituting such combina-
ton Is too powerful to be suppressed by the civil
authority the President of the United States has
option left 10 him, but is bound TO obey the solemn
| Injunction of the Constitution and exercise the
high powers vested in him by that instrument, and
by the acts of Congress.
Or, if any civil posse, armed or unarmed enter
into any Territory of the United States, under the
protection of the laws thereof with intent TO seize
individuals TO be carried elsewhere for trial for al
legged offences, and this posse be powerful to be
resisted by the local and civil authorities, such sell
zure, attempt TO seize, is to be prevented or re-
| sisted by the authority of the United States.
The grave and important question now arises,
whether there be in the Territory Of New Mexico
any existing law OF the United States, opposition TO
| which, or the obstruction of which, would const-
tue case calling for the intcrposition Of the
thority vested in the President.
The Constitution of the United States declares,
that this Constitution, and the laws of the United
States which shall be made in pursuance thereof,
and all the treaties made. which shall be made,
under the authority Of the United States, shall
New Mexico be Territory Of the United states, and
if any treaty stipulation be in force therein, such
treaty stipulation Is the supreme law of the land
and Is to be maintained ana upheld accordingly.
/ In the letter TO the Governor Of Texas, my rca
! sons given for believing that New Mexico is
now Territory of the United States with the same
| extent and the same boundaries which belonged 10
it, while in the actual possession of the Republic of
Mexico, and before the late In the early part
| OF that war, both California and New Mexico were
conquered by the arms Of the United States, and
were IN the military possession OF the United States
| at the date Of the treaty Of peace.
by that treaty the title by conquest was con-
hrned, and these territories provinces, depart
ments, separated from Mexico forever; and by the
same treaty certain important rights and securities
were soemnly guaranteed TO the inhabitants rcsid-
ing therein.
BY the fifth article Of the treaty it is declared,
that
"The boundary line between the two republics
shall commence in the Gulf of Mexico, three
leagues from land, opposite the mouth of the Rio
Grande, otherwise called the Rio Bravo del Norte,
OF opposite the mouth of its deepest branch If II
| should have more than one branch, cmptying di-
rectiy into the sea- from thence up the middle ofhai
! river, following the deepest channel where II has
more than one, TO the point where strikes the south
crn boundary Of New Mexico, thence westwardly
along the whole southern boundary OF New Mexico,
(Which runs north Of the town called Paso) to its
western termination; thence nOrthward along the
western line Of New Mexico until il intcrsects the
rst branch Of the river ella, Tor II il should not in
the said hne nearest 10 such branch and thence in
direct line to the same) thence down the middle of
the said branch and ofthe said river until il emptcs
into the Rio Colorado; thence across the Rio Colo
| RADIO, following the division line between Upper
| and Lower California to the Pacific ocean"
The eighth article Of the treaty is in the follow
i ing terms:
| "Me1icans established in Territories previ-
ously belonging TO Mexico and which remain for
the future within the limits Of the United States
defined by tho present treaty shall be free 10
time whore they reside, or 30 remove az any
| time TO the Mexican Republic, retaining the prop
crty which they possess in tho said Territories
dispOsing thereof aud removing the proceeds
wherever they please without their being subjected
ON this account, to any contribution, tax, charge
! whatever.
"Thoso who shall prefer to remain in the said
Territories may either retain the title and rights
Of Mexican citizens acquire those of citizens OF
the United States But they shall be under the obi
! CATION 10 make their election within one year from
tue date OF the exchange of ratification of this trca.
ty and those who shall remain in the said Terrific
ries after the expiration of that year, without bav-
ing declared their intention ~ retain the character
Of Mcxicans, shall be considered 10 have elected %
become citizens of the United States.
'ln the said Territories, property Of every kind
now belonging TO Mcxicans not established there,
shall be involably respected. The present owners,
the heirs of these and all Mcxicsns who may here