The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-07

The Executive Government of tho United States
has power authority TO determine what was
the true line OF boundary between Mexico and the
United States before the treaty of Guadalupe Hi
dalgo, nor has it any such power now, since tho
question has become question between the State
Of Texas and the United States. SO far this
boundary is doubtful that doubt only be re-
! moved by some act Of Congress, to which the as
sent of the State OF Texas may be necessary, or
by some appropriate mode OF legal adjudication
but in the mean time if disturbances or collisions
arise should be threatened, il is absolutely in
| cumbcnt on the Executive Government, however
painful the duty, to take that the laws be
l faithfully maintained; and he can regard only the
l actual state of things it existed at the date of
The treaty, and is bound to protect all inhabitants
! who then established, and who now remain
north and east OF the line OF deinarcaton, in the
full enjoyment OF their liberty and property, accord
ing to the provisions of the 9h article OF the treaty;
| IN other words, all must be now regarded as New
Mexico which possessed and occupied as New
Mexico by citizens Of Mexico at the date of treaty,
lnt definite line OF boundary shall be established
| by competent authority. This assertion OF duty TO
protect the people Of New Mexico from threatened
violence from seizure, to be carried into Texas
for trial for alleged otlenccs against Texan laws,
loes not at all include any claim OF power the
part Of the Executive to establish any civil mill
l ary government within that Territory. That
D0cer belongs exclusively TO the legislative depart
| nent, and Congress is the sole judge Of the time
| md manner OF creating or authorizing any such
l governments.
| The duty Of the Executive extends only TO the
execution of laws and the maintenance Of treaties
actually in force, and the protection of all the peo-
| Die of the United States in the enjoyment of the
1 rights which those treaties and laws guaranty.
| II is exceedingly desirable that occasion
should arise for the exercise OF the powers thus
vested in the President by the Constitution and the
| laws. With whatever mildness those powers might
be executed, however clear the OF necessity,
yet consequences might nevertheless follow, of
| which no human sagacity can iorcsce either the
| evils or the end.
Having thus laid before Congress the commune
| cation of his Excellency the Governor OF Texas,
| and the answer thereto and having made such OBJ
servations have thought the occasion ca He'd for
| respecting constitutional obligations which may
arise, in the further progress of things, and may
| devove on me to be performed, hope shall not
be regarded as stepping aside from the line of my
| duty, notwithstanding that that the
subject is before both Houses, if express my
deep and earnest conviction of the importance OF
| an immediate decision, or arrangement, or settle
| and the Territory of New Mexico. All considcra-
tons of justice, general expediency, 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 acqusi-
ton of California and New Mexico, and now
| curing decision.
| No government can be established for New Mexi-
co, either State or Territory, until it shall be first
| ascerained what New Mexico is, and what are her
| limits and boundaries. These cannot be fixed or
| known, till the line of division between her and
Texas shall be asccrtained and established-apd
| numerous and weighty reasons conspire, in my
judgment, oshow that this divisional line should
be established by Congress- with the assent of the
government OF Texas In the first place, this seems
by lar the most prompt mode Of proceeding, by
which the end can be accomplished If judicial
| proceedings were resortcd to, such proceedings
| would necessarily be slow, and years would pass
by, in all probability, before the controversy could
be ended So great delay, in this case, is to be
avoided if possible. Such delay would be every
way announcement, and might be the occasion ofds-
turbances and collisions. For the same reason, /
would, with the utmost Difference to the wisdom Of
Congress- express doubt of the cxpediency of the
appointment OF commissioner and Of an exanlina-
| ton, estimate, and award of indemnity to be
made by them. This would be but species of arbi-
| tration, which might last as long asut at law
! So far rs am able to comprehend the case, the
| general facts arc now all known, and Congress is
as capable OF deciding on it, justly and properly
now, as it probably would be after the report of
the commissioners. If the claim OF title on the part
of Texas appears to Congress to be well founded,
III whole part, 1t ID IN the competency of Con-
gTes5 offer her indemnity for the surrender of
that claim. In like this, surrounded it is
by many cogent considerations all calling for ami
cable adjustment and immediate settlement, the
Government of the United States would be justified
in my opinion, in allowing an indemnity 10 Texas,
not unreasonable and cxtravagant, but fair and ibe-
raj, and awarded in Just spirit OF accommoda-
ton.
think no event would be hailed with more graf
iiicaton, by the people OF the United States than
the amcablc ad iustment of questions of difficulty
which have now, for long time, tated the coun-
try, and occupied, 10 the exclusion of other sub
jects, the time and attention of Congress.
Having thus freely communicated the results of
my own reflection, Oh the most advisable mode of
adjusting the boundary question, shall, ncverthe-
les, cheerfully acqulesce in any other mode which
the wisdom Of Congress may devise.
And in conclusion, repeat my conviction that
every consideration of the public interest mani
fcsts the necessity OF provision by Congress for
the settlement OF this boundary question, before the
present session be broug chit To a close. The settle
mcnt Of other questions connected with the same
subject within the PERIOD greatly 10 be de-
sired; but the adjustment of this appears TO me- to
be in the highest degree important. In the train Of
such an adjustment, we may well hope that there
| will follow a return of harmony and good will an
increased attachment to the Union and the gene
raj satisfaction of the county S,1 nm Eft NOPE
WAsHINGToS, august 6, 1850.
Mr.. BAYLY moved to refer the message to the
Committee the Whole the state Of the Union,
and that il be printed. And he demanded the pre-
| yious question.
In response to the desire expressed all over the
ball, the accompanying documents were read, as
follows
EXECUTIVE DEPARTMEST,
AUsrIS, Texas, juno IL, 1850.
| TO his Ercellsncy, H. Taylor,
President of the United States:
SIR. by authority Of the Legislature Of Texas
the Executive Of the State, in February last, de-
spatchcd special commissioner, with full power
and instructions TO extend the civil jurisdiction of
this State the unorganizcd counties of II Paso,
Worth, Preside, and Santa Fe, situated upon its
northwestern limits.
| That commissioner has reported TO me, in an
Official form, that the military officers employed in
the service Of the United States stationed at Santa
Fc, interposed adversely with the inhabitants to
the fulhlment Of his object by employing their in
nucncc in favor of the establishment of a separate
State government east Of the Rio Grandc, and
within the rightfu limits Of the State Of Texas. |
transmit. TO you, herewith, the proclamation OF
Colonel john Monroe, acting under the orders Of
The Government Of the United States under the
designation Of Civil and Military Governor Of the
Territory Of New Mexico.
] have very respectfully TO request, that your
ccllcncy viii cause me TO be informed, at your
earliest possible convenience, whether, or not, this
officer has acted in this matter under the orders OF
his Government, and whether his proclamation
meets with the approval Of the President Of the
| United Statcsi
With assurances Of distinguished consideration,
] have the honor TO be, your excellcncy's most
obcdicnt servant, y. II. BELL.
DEPARTMBNT OF STATE,
WAsHiNGTos August 5, 1850.
10 his Erceilency p. m Bell,
Governor Of Ttra,:
sra: A letter addressed by you to the late Pre-i-
dent Of the United States, and dated the lith Of
| June last has since his lamentod deccasc, been