The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-08-08

opinicDs, tina. the order OF tn 10th November last
wss given, snd executed in he manner have
The ordsi ndicat.s no boundary aud d.6u.a no terri
tory except b. the OF New Mexico aud so far as
hist iDGesuo anything II referred 20 kuo~n terri
rty spprovtd by the Executive and I.f, sitbout re-,
monstraoce OF alteration by Congress for more than
three years it sppeats to the President that such
order could not have been attended to The
rights of Texas
Secondly you ask whether the proclam alton ~ Ga.
nurIee meets with the spprovnl Of the President OF
the United Stairs
To dpermips this question: Is necessary to look at
the object of the proclamation and the effects Of
proceedings bad und-rit. II the outset
the authority 10 settle the disputed boundary with
Texas tb, The President has hesitation in saying
such object does not meet hi APPRECIATION because he
does not believe that the Executive branch u this
goyerDD.nt or the II hsbiants OF New Mexico,
both combined have any constitutional auth GRITTY TO
settle thst question That belongs either to the jlti
oisl uept of the federal government 20 the
concurrent action by agreement OF the legislative
depart of the Cover % thu United States
and r.Yas But it has been Sufficiently shown that
CoiontI MuIroe could have had no such object, aud
that bs intention merely u act In aid of the peo
pie In forming State consttution to be submitrd to
Congress Assuming then. that suoh "a consttution
has be, formed what ~ It's effect upon the disputed
boundary! II t comprsmits the rights of par
~ to that question. then 1t does not meet the Pres
dnh appreciation for he deems II his doty tho
ssttlem that question to the tribunal which
II oonstitutionsliy belongs IL is sufficient for him
that tbs boundary is in dispute; that tie territory
east OF the Rio del Norte seems to he claimed in good
faith both by Texas and New uexieo or rather the
Uniteo States. Whatever might be his judgment in
regard to their respective rights he has ds
eide them to negotiate IN regard to them
ana therefore 1t would be improper tor hun express
any opinion The subject matter OF d pue Is between
the United States and Texas, and not btseen the ia
habtauts of New Mexico and Texas IL those peorle
sboulo voluntarily consent 10 come under the iuris-
dictiop Of Texas. such cent would not bind the
Unit States OF take away their title 20 the territory
So the other hand II they shosld Voluntarily claim
the title for the United states ~onid not deprive
Texas OF her rights whatever those rights might be-
Thy can only be affected by her own acts, judi
cia decision The state csnsti ution formed 10y New
Mexico have legal validity until u IL rscognissd
aud accepted by the law-msting power Of the United
States Until that's done, it has sanction,
bsve no effect upon the rights OF Texas, or Of the
United States to the territory in dispute. And tt is
not 10 be presumed that Congress viii ever give its
sanction TO that constitution without fret providing
Tor the settlement of this boundary. Indeed, go.
mt, either Territorial state. can be formed
for New Mexico without providing for settling this
boundary. Hence, he regaros tue formation OF this
state constitution ~ mere nudity IL may be re-
gardeu indeed a. petition To- Congress TO be smittet
state; but until Congress shall grant the prayer
OF such petition by legal epactmsnts IL sf.cts the
rights of neither party But Il H. right OF s
petition Congress for any law which it may constiiu.
iionslly pass this people in the exercise OF q
common night when they formed their constitution,
with view Of applying t. Congress for admission
State; and as he thinks the sct prejudice one,
he feels bound to approve OF the conduct OF Colonel
Muproe. in issuing the proclamation
am directed also to state, that In the Presidents
opinion II would not be just 20 suppose tha. tbs late
President desired to manifest any uniendiy attitude
APP ct towards Texas the claims OF Texas rho
boundary between Texas and New Mexice knosn
to be puted: and IL equally we'll kno~n thai the
executive government of the United States had no |
TO settle that dispute II Is believed that the
executive power has mot wished t certainly does not
wish TO interfere with that question In any
per whatever, as question OF title q
Of his last uDic aiions TO Congress, that
OF the 18th OF June last the late Pretident repeated
the declaration that he bad power to decide the
question OF boundary and desire TO ict-rfsre with
IL sLd that the authority TO settle that question
resided elsewhere The object OF the executv. govern
nent has been, as believe, and ms 1 AN authorized
to cay u certainly now " to secure the pace
OF the country 70 maintain as far IS prsetica-
Bile, the state OF things as IL existed Mt the date
M he trs thS
rights OF the respective parties rs tbey under
the solemn guasntee of the treaty, until the highly
iLters sing qufston Of boundary SHOULD be finally
stsd BY ompetent authority This treaty, which Is
now soprem. Law OF the i.ud, declares As before
vi ated that the Inhabitants shsl be maintained aud
protected In the ire enjoyment OF their liberty aud
properly aud secured In the tree exercise OF their
bsion. II will Of course be the Pr-eident's duty 10
that this Law IL sustained, and the otection
which 10 guarsntiee made sffectual-snd this u the
plain and open path Of executive duty, In which he
propoecs to tread.
Other transactions Of a very grave character, are
allowed TO- and rss,ted In your Exceeney letter To
tbo-e transactions am directed not more par
tculsry to advert because the only questions pro-
pounded by you respect the authority under which
Colon 81 Mpsro~ seted and the approval or disspp
Of HE procls alton. Your ExcsiI.ney's CON IN uui
cation. and the answer. will b. Immediately laid
occasion TO bring TO Its notice the alluded
to above. ..f.-
II is knovu TO your ExceIiency that the questions
gro~ing out Of the scquition " California and Nev
hsrco and among them the highly portsnt on. Of
the boundary Of f.xas have steadily rnrsssd Oh. at
tenton 81 both houses OF Con Tor many h-
and I'll, engage A. With INTENSE interest IL IL under
stood that the Legsaturs Of Texas viii be shortly
sssson. and viii have the boundary question also
tore &C. Nisa delicate crisis Ia public affairs not
free certainly from possible dangers, bat let
IDENTITY ruft that justice moderation. patriotism sud
the love a; Tho Union inspire such counses both
In the Of the United States aud that Of
1exss as sh.i carry the country through these dan
gers. and bring u safely out OF than all And With
renewed nssursnc~s Of the continusncs Of mutual re-
spsot and harmony In tho great family Of States
have tho honor 10 be, wth.entrs regard, your NJ.
csilspcy's most obedsnt servant
DANIEL WEBSTER,