Weekly national intelligencer., 1850-08-10

quest The treaty. perfect accordance with the Prociama
ton Of General Kearny declared that the Mexicans
ing in this Territory should be incorporated into the Union
the United States and be admitted the proper nme o Dc
Judged Of by the Congress the United States to the en-
joyment Of all the rights Of citizens Of the United oas'
cordng to the principles Of the const'uuon anu IN ~ e e
mean time should be maintained and protected IN ne Tree
ENJOYMENT of their liberty and property and secured 10 the
free exercise Of their religion without restriction Thus
will be perceived that authority Of the United States over
New Mexico the result OF conquest na ne possession
held Of IT, in the FIRST place. OF military possession
The treaty. added The title by cesson to the already existing
title by successful achievements in arms With the peace
there arose natural expectation that as early as possible
there would come ac government to supersede the military
But until some such Of government should into
isence it was matter Of absolute necessity that the military
government should continue otherwise the county must
fall absolute anarchy And this has been the course
generally in the practice OF civilized nations, when colonies
OF territories have been acquired by war; and their acqui
stion confirmed by treaty.
The military government therefore, existing in New Mex
leo the date of the orde existed there of inevitable
sy. existed much against the will of the Executive
Government Of the United States against the will of the
people The late President had adopted the opinion that
jus6able in the people of the Territory, under the cir
cumstances, to form constitution Of government without
any previous authority conferred by Congress and thereuPon
to apply for admission into the Union. was under tins
state Of things and under the influence Of these opinions
that the order Of the 18th November last was given
cutcd in the have The order indicates no
boundary, and defines territory. except by the name Of
New Mexico and far that indicated any thing referred
to known Territory, which had been organized under mi
tory authority approved by the Executive ana ei without
alteration by Congress- for than three
years. appears the President that such order could
not have been intended invade the rights Of Texas
Secondly, you ask whether the proclamation Of Colonel
Munoe meets with the spprova Of the President Of the
United States
To determine this question is necessary look at the
object Of the proclamation and the effect Of the proceedings
had under it.
If the object was to assume the authority to settle the dis
puted boundary with Texas then the President has hes
taon in saying that such object does not meet his sppoba
o because he does not believe that the Executive branch
this Government or the Inhabitants Of New Mexico or both
combined have any constitutional authority to sete that
ton That belongs either to the Judicial Department Of the
Federal Government to the action by agreement
of the Legislative Departments Of the Governments Of the
United States and Texas But has been sufficiently shown
that COL Munroe could have had such object and that his
intention merely in aid Of the people in forming
State constitution to be submitted to Congress- Assuming
then that such constitution has been formed, what is its
effect upon the disputed boundary If it compromits the
rights Of either party that question: then does meet
the Presidents appreciation for he deems his duty to leave
the settlement OF that question the tribunal to which 1t
suonaly belongs Il is sufficient for him that this boun-
day 10 in dispute that the territory east of the Rio del
Nore to be claimed in good faith both by Texas and
New Mexico rather by the United States Whatever
might be his judgment regard to their respective rights he
has power to decide upon hem to negotiate in
regard them and therefore would be improper for him
70 express any opinion The subject matter Of dispute
between the United States and Texas, and between the
inhabitants of New Mexico and Texas. If those people
should voluntarily consent under the jurisdiction Of
Texas such would not bind the United States or
take away their title to the territory So, the other hand
they should voluntarily claim the title for the United States
il would not deprive Texas Of her rights. Whatever those
rights may be they only be affected by her acts
Judicial decision. The State constitution formed by New
Mexico have legal validity until it is recognised and
adopted by the awmaking power Of the United States I'm
til that done, It has sanction, and have efec
upon the rights Of Texas Of the United States the
tory dispute And tis not be presumed that Congress
will ever give its sanction TO that constitution without first
providing for the settlement of this boundary Indeed, no
Government either Territorial State, be formed for
New Mexico without providing for settling this boundary
Hence he regards the formation Of this State constitution
mere nulty It may be regarded, indeed petition to
Congress to be admitted State, but until Congress shall
grant the prayer Of such petition, by legal enactmen,
affects the rights Of neither party But is the right Of
all to petition Congress for any law which may consitu
honay pass this people in the exercise of right
when they formed their constitution with view Of applying
to Congress for admission State, and he thinks the
act prejudice one he feels bound approve of the
conduct q Col. Munroe in issuing his proclamation.
am directed also to state that in the Presidents opinion
it would not suppose that the late President desired
manifest any unfiendy attitude aspect towards Texas
the claims Of Texas The boundary between Texas and
New Mexico known to be disputed; and it equally
well known that the Executive Government Of the United
States had power to settle that dispute. It believed that
the Executive power has not wshedt certainly does not
wisho interere with that question in any manner
Whatever question OF title.
OF MS last COMMUNICATIONS S0ngreSS,
7h Of June last the late President repeated the declaration
had power decide the question of boundary and
no esSe interfere with it, and that the authority to settle
that question resides elsewhere The object Of the Executive
Government has been, believe, and authorized to
say certainly to the peace of the county
mantan fz practicable the of things it existed
at the date OF me treaty and to uphold and preserve the
rights Of the respective parties they under the solemn
guaranty Of the eaT until the highly interesting question of
boundary should be inay settled by competent authority
This treaty. which is the supreme law OF the land, de-
clares before stated that the inhabitants shall be man
tanned and protected in the free enjoyment of he liberty
property, and secured in the free exercise Of their religion
will Of course be the Presidents duty that this law
sustained and the protection which guarantees made eec
tua and this is the plain and open pah Of Executive duty
in which be proposes to tread
Other transactions of very grave character alluded to
and recied in your Exceencys letter. To those transac
eons am directed not particularly to ADVERT be-
cause the only questions propounded by you
hoy under which Colonel Munroe acted and the approval
or dsaPproval Of his proclamation. Your Excelency
Congress- and the President will take that occasion bring
its notice the transactions alluded to above.
known to Excelency that the questions growing
out OF the acquisition Of California and New Mexico, and
among them the highly important of the boundary Of
Texas have steadily engaged the attention Of both Houses
Congress for many months and still engage it. with intense
interest s understood that the Legislature Of Texas will
be shortly in session. and will have The boundary question
also before IT, delicate crisis in public affairs, not
free, certainly from possible dangers but let confidently
trust that justice, moderation, and patriotism and the love
meR Of the United States and that of Texas shall carry
the country through these dangers and bring safely
them ALL and with renewed of the continuance Of
mutual respec and harmony the family of State