The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-09

The Pr.sldsnts Message and Mr. web.tsr's Letter.
Two days ago laid these papers before readers
with such hasty comments suggested by hearing
them read the table Of the Secretary of the Senate But
the unusual interest which attaches them the first
important documents which have emanated from the
new adminislration-enhanced. too, by the momenous
importance OF the subject Of which they treatdemands
more extended notice at hands In performing this
task. may properly regard the message Of the Presi-
dent and the letter OF Mr. Webster constituting but
single production
We will not crcise the style Of these productions,
although we might well do SO The country is con-
cernsd only in the positions assumed by the admin
sation and the facts and Arguments adduced to sustain
them And the whole country must be surprised that
traces Of Mr. Websters great ability appear even in the
letter which bears his own signature; and that the
letter. to say nothing Of Mr. Flmore's message is not
very superior, in any respect the State papers which
emanated from the cabinet OF General Taylor We do
not make this remark by way Of criticism, but for the
purpose OF mentioning fact which is not without sig
nificance
The message, after stating that Texas had sent
missioner to organize the counties Of FL Paso, Worth.
Preside. and Santa Fe. proceeds to set forth that the
President is, by the constitution, appointed the
CnleI Oh army navy,
the same instrument to see that the laws be faithfully
executed that the law Of February 49, 1885, gives the
President the authority TO call the militia whenever the
laws Of the United States shall be opposed, their
cuton obs,ructed, by combinations too powerful to be
suppressed by the ordinary Of judicial proceed
ngs and that the law Of March 8, 1907, empowers the
President to employ the land and naval forces Of the
United States in those cases c,e he empowered 10
- ~ 49,
ton to the laws either Of the United States Of Stale
or Territory.
II is manifest that these recals made for pur
posesthe to menace Texas with the power OF the
federal and the other to claim for the Presl
dent the authority call out the militia, and to the
army and navy Of the United States, (oout the sanction
Of Congress, although that body is now in sessoa,) in
order repe any attempt Of Texas to vndcate her terri
toal claim from the violent usupaton committed under
the auspices Of the United States troops Santa Fe The
first point--the menace to Texas-we leave to Texas
and 10 the representatives Of Texas, who we doubt not
will treat il all deserve to be treated. But on
the second point have something to say in the name
OF the constitution and behalf of the rights OF the
States when menaced extravagant authority OF the
federal Executive will be by reference to the 18th
clause of the 9Th section Of the first article Of the cons
tution that Congress empowered "o proride for calling
forth the militia execute the laws of the Union, sup
press instructions and repe invasons" In exercising
that power Congress has authorized the President call
out the militia for the purposes mentioned in the consiitu-
on and TO use the army and navy of the United States
in those cases in which he is authorized to call out the
militia On this point we would remind MIR. Webster
that during the last war with England the State OF Mas
sachusets contended that although the militia might be
Had In n
that il could no, be required to march beyond the
fines Of the State from which il called II mis-
take not. Mr. Webster was one Of the prominent cham
pons Of that party in Massachusetts, which took that
ground and ii would now be interesting know whether
he now adheres to the doctrines Of for would
tighten the country as to the real intent and meaning Of
Mr. Fillmore's message. II he still sdhens the Mas
sachusetts doctrines the militia OF twenty OF the thirty
States would certainly be useless As the other State
Texas-her militia could not be sent to Santa Fe, except
by acknowledgment that Santa Fe in the Stale Of
Texas, and that Col Munroe, officer and agent Of
the United States had given his sanction and support
reasonable effort 10 establish separate government
within the confines OF Texas. But to return: Congress
cannot under the constitution, confer upon the President
the authority call out the militia TO the army and
navy except in the three specified We take the
three cases in inverse order.
TO repei INVASION No one pretends that the United
States have been invaded, that they will be invaded,
Texas endeavors 10 extend her authority to the Rio
Grande.
To suppress insurection. No one pretends that il the
State OF Texas should attempt extend her authority to
the Rio Grande it will be case Of instruction under
| the constitution.
| To execute the iaws Of The Un,on What laws OF the
Union would be obstructed II Texas should attempt
and actually succeed in maintaining her jurisdiction
over the whole eastern bank Of the Rio Gnnde !
There is no law Of the United States in force at
Santa lie that is not in force at Austin. There is
nothing in State organization which per obstructs
the laws OF the United States and there separate
and distinct laws, applicable to New Mexico, which
would be ntefered with the jurisdiction OF Texas should
be extended over the whole OF II. Both Mr.. Webster
and Mr. Fillmore seem TO acknowledge the force OF this
reasoning for both OF them endeavor to avoid by APP
peang 10 the provisions Of the treaty with Mexico as
furnishing THE Law which the President was bound to
execute That treaty gives rights to the inhabitants
Of the Territories which the constitution OF the United
States did not secure to them inhabitants OF territory
belonging 10 the United States And submit that the
constitution as we'll as treaty, is binding in State
ss in Territory and that the right. as well as the obi
CATION to enforce the and the other in State Is as
perfect and as obligatory the United States as in