Fremont weekly freeman. [volume] (Fremont, Sandusky County, Ohio) 1850-1853, 1850-08-17
NUMBER %
PRESIDENTS MESSAGE.
To the Senate and House
of Representatives !.

1 06TeWltn tfdDSLnle 10 the TWO houses Ok
congress letter from his excelleney, the Gov
ernor of Texas, dated on the I4th day Of June
last, addressed to the late President Of the
United States, which not having been answer
ed by him. came to my hands on his death;
and also transmit copy of the answer which
| felt il to be my duty to cause to be made 20
that communication. Congress will perceive
that the Governor of Texas officially states
that by authority Of the Legislature Of thaf
State he despatched special Commissioners
with full power and instructions to extend the
civil jurisdiction ofthe State over the morgan
lied counties of El Paso Worth, Preside and
Santa Fe, situated on the Northwestern limits.
He proceeds to say that the commissioner
has reported to him in an official form that The
Military officers employed in the service Of the
United Ststes, stationed at Santa Fe. inter-
posed adversely with the inhabitants to the
fulGlment of his object, in favor Of the estab-
Iishment of a separate State Government east
of the Rio Grande and within the rightful limits
of the state of Texas. These four counties
which Texas proposes to establish and organ
ize as being within her own jurisdiction, ex-
tend over the whole Of the territory east Of
the Rio Grande, which has heretofore beenre-
garded as an essential and integral part of the
Department of New Mexico and actually gov
erned and possessed by her people until con-
quered and severed from the Republic Of Mex
leo by the American arms
The Legislature of Texas has been called to-
gether by the Governor for the purpose, as is
understood of maintaining her claim to the
territory east Of the Rio Grande, and Of estab-
fishing over it her own jurisdiction and her
own lawsby force. These proceedings Of Tex
as may well arrestth attention Of all branch
| oft Of fba IFnifad Sfafaa
and rejoice that they occur while congress
| is yet in session.
A crisis may be brought on which willsuni-
mon the two houses fcongress, and still more
emphatieally, the Executive government, to
the performance Of their respective duties
By the Constitution of the United States, tho
President is constituted commanderin-ehiefof of
the army and navy, and Of the militia Of the
several states when called into the actual sery-
ice of the United States
The constitution declares also that be shall
take care that the laws be faithfully executed.
and that he shall from time to time give 20
the congress information of the state OF the
Union. Congress has power by the constitu-
ton to provide by calling for the militia to sx
ecute the laws of the Union, and suitable and
appropriate acts of congress have been passed,
as well for providing for calling forth the mills
tia as for placing other suitable and etficent
means in the hands of the President to enable
him to discharge the constitutional functions Of
his Office. The second section of the act OF
the 28th of February, 1895, declares that
whenever the laws Of the United Ststes shall
be opposed, or their execution obstructed, IN
any state, by combinations too powerful TO be
Suppressed By the ordinary course Of judicial
proceedings of the power vested IN the maEsh-
ais, the President may call forth the militia 60
far as it may be necessary to suppress such
combinations and cause the laws TO be duly
executed.
j By the act of March Sd, 1907, it is proyid.
ed that in all cases of obstruction to the laws
either of of the United States or any individu-
al State, or Territory, where it is lawful for
the President to call forth the military, for the
purpose of causing the law to be duly execute
ed, it shall be lawful for him to employ for the
same purposes such part of the land or naval
force of the United States as shall be judged
necessary These several fenaetments are now
in full force; so that if the laws of the United
States are opposed or obstructed in any state
tor territory BY combinations too powerful to
be suppressed by the judicial or civil authori-
ity, and il becomes case in which it is the
duty of the President either to call ont the
militia, or to employ the military or naval force
of the United States, or to do both, if, in his
judgement, the exigency of the occasion so res
iquire, for the purpose of suppressing such
combination, the constitutional duty Of the
President is plain and peremtory author
Iity vested in him by the laws for the perform+
aHpe clear and ample
Texas is state, authorized TO maintain her
own laws. so far as they are not repugnantto
the constitution, laws and treaties of the Uni
ted States; to suppress insufrectiohs against
her authority, and to punish those who com-
nit treason against the State, according to the
forms provided by her own laws But this
power is local. and confined entirely within
the limits of Texas herself She can possibly
confer no suthority which can be lawfully exs
ercised beyond her boundary. All this is
plain, and hardly needs argument OF elucidas
ton. If Texian militia, therefore, march into
any one of the other States or into any terri-
tory of the United States, there to execute OF
enforce any law of Texas, they become at that
moment trespassers-they are no longer uh4
der the protection of any lawful authority and
are to be regarded merely as iutrudeFs; and
if within such state or territory they obstFuct
any law of the United States, either by pow
er of arms or mere power of numbers. coheii-
tuting such combination as is too powerful 10
be suppressed by the civil authority. the Pres
ident has no option left to him, but is bound to
obey the solemn injunction of the constitution,
and exercise the high powers vested in him
by that instruments by the acts Of feongfess.--
Or if any civil posse, armed or uuarned, en-
ter into any territory of the United States, uu-
der the protection of the laws thereof, with
Intention to seize individuals to be carried else
where for trial for alleged offences and this
posse be too powerful to be resisted by the
local and civil authorities, such seizure or at
tempt to seize is to be prevented Or resisted
BY the authorities of the United States.
The grave and important question now atiE.
es, whether there be in the territory Of Rev
Mexico any existing law Of the United States.
Opposition to which would constitute a case
cailinrr Cor The intefnositinn Of the authority