Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-08-15


States shall he the supreme lsw q thp' land.n :
If therefore New Mexico bea Teniipry Of the
United States. and if any treaty stipulation be
in force therein. such treaty stipulation is the
supreme Law ofthelaud, and is to be maintained
and upheld accordingly.
In The leiier to the Governor of Texss. my
reasons al e given for believing that New Next
CO is nov territory Of the United States, with
the same extent and the same boundaries which
belonged to il, while in the actual possession of
the republic OF Mexico, aud before the late war.
In the early part Of that war, beth California
and New Mexico were conquered by the arms
of the United States. and were in the military
possession of the United States at the date Of
the treaty OF peace. qsss
BY that treaty the title BY conquest was
confirmed, and these Territories, prcvicces,
or departments, separated from Mexico for
ever; and by the same treaty certain important
rights and securities were so,emnly guaranteed
to the inhabitants residing therein.
By the fifth article of the treaty it is declared,
that s
"The boundary line between the two repub-
lies shlll commence in the Gu of Mexico, three
leagues sru.n land, opposite the mou h Of the
Rio Grande, otherwise called the Rio Bravo del
Norte, or cppdsite the mouth If is deepest
branch, If il should have m )re Than one branch,
emptying directly into the sea from thence
up the middle OF that RIVER, following the deep
est channel where IT has more than one, 10 the
point where !, strikes the Southern boundary Of
New Mexico, thence westwardly along the whole
southern boundary of New Mexico, (which RUS
North Of The Town csled Paso,) 10 its western
termination; thence Northward along the wes-
tern line oil New Mexico, until il .intersec,s the
fret branch of the liver, Tor IT it sh ,ud not IN
tersect any branch of that river. then to the
point on IN. said line nearest to such biaBcn,
and thence in direct line 10 the same j thence
down tie middle Of the said branch OF the
said river, until it empties into the Rio COiera-
do, following the division line between Upper
and Lower California to the Pacific ocean,"
The eighth article of the treaty is in the fol-
lowing terms: si ssasi
g Mexicans now established in territories pre-
viousiy be'ongins TO Mexico, and which remain
for the III ure within the limiis Of the United
States, defined by this treaty, shall be flee to
ncotinue where they now reside, or To remove at
any tine to The Mexican Republic, retaining the
properly which they possess in the said ,erritu-
ries, or disposing the eo, and removing the pro-
ceeds wherever they please, without being sub
jected. on this account, to any ribution, tax,
or charge Whatever.
"Those who shall prefer TO re main in the
said Territories may either retain the tile and
rights of Mexican citizens or acquire those OF
cl,izeas of the United Safes. But they shall be
under the obi aion TO make their election with
in one year from tie date of the exchange OF
ralliica ions VI ths treaty and those who shall
remain Ia the said territories afier the expra-
ton OF that year, without having declared iien
intention t. retain their Character a. Mexicaus,
shall be considered to have elected 10 become
citizens OF The Uned States.
In the said Territories, property of every
kind, now belonging 10 Mexicans II established
there, shall he fiisloiaoiy resp ceJ. The pres
ent owners, The helss OF these, and all Mexca
who may .seaiier acquire saiu properly by cod
tract silai e. ~ with respect 10 1t guarantees
equally ample as II the same belonged TO CHI
zens OF the Unied States"
The nnh article OF The treaty is in these
words:
"The Mexicirs who in the Territories afore.
said, Shall Doi preserve the character of Cit
zens OF the Aexican Republic, coufoEala
bly, with what Is stipulated Ia The preceding art-
Gle, shah be Incorporated INTO the Union OF the
United States, ana be admitted at tie proper
time To be Judged of by The Congress OF HE
United Siasc-) 10 the Ell ,yinent OF all The rlsh
OF citizens Of the United States, according 10
the prime piles vf the Constitution; and ia the
the free enIoyacnt of their liberty and properly,
aud secured IN The free EXERCISE VI t.esr FELL
gion, without restriction"
IL is pam, therefore, on the face o. these
treaty stipaaiioas, that oil MexIcans Established
Norm or east OF the lIne OF demsrcation already
mentioned, come within the. protection Of the
ninth article; and that the treaty, beng part
of the supreme law Of the land, does extend over
all such Mexicans, and assures to them perfect
security IN Tie tree enjoyment OF their liberty and
pTopel as well as IN the free enloyinent cf
their religion; and this supre,' law oI the lsrid
being thus III actual orce over tins terrlrory, rs
TO be maintained until II shall be displaced or
superseded by otter legal provisions; and if i,
be obstrucied or resisted by combinations too
powerful 10 lie suppressed by the civil authority,
The case one winch comes within The provis
Ion of law, and when o5ges the President TO
enforce Ia, Sc provisions Neither the C5nstIu-
ton nor the law, NY duty or my oath Of office,
leave me any alternative, or any cno:ce IN my
mode OF az ton.
The Executive Gsvernmen. of the United
States has no power or authority 10 determine
what was the true line of boundry between
Mexico and The United States before the treaty
OF GaudalCupc Hidalgo, nor has 1t any such pow
er now, since the question has become a ques-
ton between the Stale Of Texas and the United
S ates. 81 far as the boundary is doubtful that
doubt can only be removed by sMne act OF Con-
gress, to u hicn the assent of the Safe of Texas
may be necessary, or by some appropriate mode
of leg a j sdlcaton; but in the mean line, it
disturbances collisions arse or should be
threatened, ii is Absolutely incumbent Oh the ex-
ecutiye eoverasle mt, however painful the duty to
take care that the laws be faithfully administer
ed aud ulaigtained; and he CAT ouiy regard The
aclral state of things it existed at the dare OF
the treaty, and is bound 10 protect all Inhaoi-
tants who were then established, and who now
remain North and Fast Of the line OF denarca-
ton, in the full enjoyment Of their liberty and
properly, according 10 the provisions of the 9l'
article oftAe treaty III other wo;ds, al must ow
he REGARDED as New Mexico wiHch was possess
ed and occnpiei as New Mexco by ciiizsns OF
Mexico at The date OF treaty, until definite line
of boundary shlll be established by competent
authority This assertion of duty to project the
people OF New Mexico from threatened violence
or fiom Sc zafe, TO be carr.eS into Texas Tor
trial for alleged Offences against Texas laws,
docs not at ali include any claim OF power on The
mart of the Executive to establish any civil or
military government within that territory That
.o,rcr hrlonss exclusively to the Legislative de-