Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1850-08-30


at that moment trespassers; they are nj
longer under the protection of any law
full authority, and are to be regarde,
merely as intruders; and if within sucl
State or Territory they obstruct any
law Of the United States, either by pow
er or arms or mere power of numbers
constituting such combination as is to,
powerful TO be suppressed by the civi
authority, the President of the United
States has no optiou left to him, but il
bound to obey the solemn injunction o.
the constitution, and exercise the higl
powers vested in him by that instrumen
and by the acts of Congress.
/ Or, if any civil posse, armed or un
armed, enter into any territory of tn,
United States, under the protection of th'
laws thereof, with intent to seize individ
uals to be carried else where for trial fo
alleged offences, and this posse be tor
powerful 20 be resisted by the local ant
civil authorities, such seizure, or attemp
to seize, is to be prevented or resisted by
the authority of the United States.
The grave and important question
now arises, whether there be in the ter
ritory of New Mexico any existing law
of the United States, opposition to which
or the obstruction of which, would con
stitute case calling for the interpositior
of the authority 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 i'll pursuance thereof, and all the
treaties made, or which shall be made
under the authority of the United States
shall be the supreme law of the land.'
II, therefore, New Mexico be territory
of the United States, and if any treaty
stipulation be in fact therein, such treaty
stipulation is the supreme law of the land
and is to be maintained and upheld ac.
cordingly.
In the letter of the Governor of Tex
as, my reasons are given for the belief
that New Mexico is now a territory oil
the United States, with the same extent
and same boundaries which belonged to
it, while in the actual possession of the
Republic of Mexico and before the late
war. In the early part of that war, both
California and New Mexico were con.
quered by the arms of the Unite1States,
and were in the military possession oil
the United States at the date of the treaty
of peace.
BY that treaty the title by conquest
was confirmed, and these territories,
provinces or departments. separated from
Mexico forever; and by the same treaty
certain important rights and securities
were solemnly guaranteed to the inhabi-
tants residing therein.
By the 5th article of the treaty it is
declared, that "the boundary line be-
tween 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, or opposite the mouth
OF Its deepest branch if it should have
more than one branch, emptying directly
into the sea; from thence up the middle
of that river, following the deepest chan
mel where it has more than one, to the
point where it strikes the southern boun-
dary of New Mexico, thence westwardly
along the whole southern boundary OF
New Mexico, (which runs north of the
town called Paso,) to lis western termin-
alton; thence northward along the western
line OF New Mexico; until it intersects
the first branch of the GiIa, (or If il
should not intersect any branch OF that
river. then TO the point on the said line
nearest to such branch, an thence in a
direct line to the same;) thence down the
middle OF the said branch and of the
said river, until it empties into the Rio
Colorado; thence across the Rio Color
ado; following The division line between
Upper and Lower California to the Pa
ciic ocean"
The 9th article of the treaty is in the
following terms:
"Mexicans now establishedin the Ter
ritories previously belonging TO Mexico,
and which remain for the future within
The limits Of the United States, as defined
by the present treaty, shall be free to con-
tinue where they now reside, or to re-
move at any time to the Mexican repub-
lie, retaining the property which they
possess in the said Territories, or dispo-
sing thereof, and removing the proceeds
wherever they please, without their be-
ing subjected, on this account to any con-
tribulion, tax, or charge whatever.
"Those who shall prefer 10 remain In
the said territories may either retain the
title and rights of Mexican citizens OF
acquire those of citizens of the United
States. But they shall be under the OBJ
legation to make their election within one
year from the date of the exchange oil
ratification of this treaty; and those who
shall remain in the said Territories after
the expiration of that year, without hav-
ing declared their intention to retain the
character Of Mexicans, shall be consid-
cred to have elected 10 become citizens oil
the United States.
..ln the said Territories, property oil
every kind, now belonging to Mexicans
not established there, shall be invioiably
respected. The present owners, tht
heirs of these, and all Mexicans whe
/ ,nav haroafte, acnuira cold pronortx, hx