Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1850-08-09


The Governor of Texas having intima-
ted an intention to take forcib lie possession
of portions of New Mexico, the President
has deemed it his duty to lay the matter
before Congress, and on Tuesday last trans
mitted message earnestly appealing to
Congress to adjust the question before its
adjournment but at the same time states
that if that body fails 10 do its duty, he
will feel himself bound by his oath of office
and the Constitution to protect the people
of the States and Territories in their lives
and their property, and that he shall do so
in case of the invasion of New Mexico by
an armed force. He means to maintain
the Union, and will do it at all hazard
After recapitulating all the leading facts
necessary to show that the territory now
claimed by Texas was conquered by the
United States forces under Gen. Kearney
during the war with Mexico, and subse-
quently ceded to the United States by the
uCdtS vi P|eNN; lAS 90
The Executive Government Of the United
States has no power or authority to determine
what was the true line of boundary between
Mexico and the United States before the treaty
of Guadaloupe Hidalgo. Nor has it any such
power now, since the question has become
question between the State of Texas and the
United States. So far as this boundary is doubt
full, that doubt can only be removed by some act
of Congress TO which the assent Of the State of
| Texas may be necessary, or by some appropri-
ate mode of legal adjudication.
But, in the mean time, if disturbances or col
lsions arise, or should be threatened, it is abso-
lutely incumbent on the executive government,
however painful the duty, to take care that the
laws be faithfully maintained, and he can regard
only the actual state of things as II existed at
! the date of the treaty, and is bound to protect
all inhabitants who were then established, and
who now remain north and east of the line of
demarkation, in the full enjoyment of their lib
erty and property, according to the provisions
Of the ninth article of the treaty. In other
words, all must now be regarded as New Mexico
which was possessed and occupied as New Mex
leo by citizens Of Mexico at the date Of the
treaty, until a definite line of boundary shall be
established by competent authority. This asser-
tion Of duty to protect the people of New Mex
leo from threatened violence, or from seizure,
to be carried into Texas for trial for alleged
offences against Texas laws, does not at all in
I CIuQe any Cidlm Oh power on the part Oj tue
Executive TO establish any civil or military gov
ernment within that Territory.
That power belongs exclusively to the legis-
latlYe department, when Congress Is the sole
Judge of the time and manner Of creating or
oyerthrowing such governments. The duty Of
the Executive is only 10 see the execution of the
laws and the maintenance Of treaties actually
in force, and the protection Of all the people Of
the United States in the enjoyment OF the rights
which those treaties and laws guaranty.
II is exceedingly desirable that no occasion
shall arise for the exercise Of the powers thus
vested in the President by the Constitution and
the laws. With whatever mlldness those powers
might be executed, or however clear the case Of
necessity, yet consequences might nevertheless
/ follow Of which no human sagaclty can toresee
either the evils or the end
Having thus laid before Congress the commu-
nication Of his Excellency, the Governor Of
/ Texas, and the answer thereto, and having made
such observations as have thought the occasion
called for, respecting constitutional obligations
which may arise in the further progress Of
things, and may devolve on me to be performed,
! hope shall not be regarded as stepping aside
from the line of my duty, Notwithstanding that
| am aware that the subject is now before both
Houses, If | express my deep and earnest con-
yicton Of the Importance of an immediate de-
cIsion, or arrangement, or settlement Of the
question Of boundary between Texas and the
territory OF New Mexico. All considerations
of Justice, general expedency, and domestic
tranquility call for this, 1t seems to be, in its
character and by position, the first, or one OF
the first, Of the questions growing out of the
acquisition of California and New Mexico, and
now requiring decision
No government be established for New
Mexico, either State or Territory, until IT shall
1 be first asceTtained what New Mexico is, aud
what are her limits and boundaries. These can
not be fixed or known, till the line of division
between her and Texas shall be ascertained and
cstablished-and numerous and weighty reasons
conspire, in nay judgement, to show that this
divisional line should be established by Congress,
with the assent of the government of Texas.
In the first place, this seems by far the most
prompt mode of proceeding, by which the end
can be accomplished. If judicial proceedings
were resorted TO, such proceedings would neces-
sarily be slow, and years would pass by, in all
probability, before the controversy could be
ended, So great a delay, in this case, is 10 be
avoided if possible. Such delay would be
every way inconyenent, and might be the occa-
sion of disturbances and collisions For the
same reason, would, with the utmost Difference
to the wisdom of Congress, express doubt of
the expediency of the appointment OF commits
sioners, and Of an examination, estimate, and an
award Of indemnity TO be made by them This
would be but species of arbitration, which
might last as long as a suit at law.
! So far as | am able to comprehend the case
the general facts are now all known, and Con-
gress is as capable of deciding on it, Justly and
properly, now it probably would be after the
report of the Commissioners. If the claim of
the title on the part of Texas appears to Con-
gress to be well founded, in whole or in part, it
is in the competency of Congress to offer her an
! indemnity for the surrender Of that claim. In
case like this, surrounded il is, by many
cogent considerations, all calling for amicable
| ad dustmcnt and immediate settlement, the Gov
/ ernment of the United States would be justified,
/ in my opinion, allowing an indemnity to Texas,
/ not unreasonable and extravagant, but fair,
liberal, and awarded in just spirit of accom-
modaton
think no event would be hailed with more
qualification by the people of the United States,
than the amicabe adjustment of questions Of
dificnltN which have now for a long time. All