Des Moines courier. ([Ottumwa] Iowa) 1848-1854, 1850-08-30

" HAO ohn~u 1s"sCoJ w uiC CuJOJ ulCii'
of all the rights of citizens of the Uni
ted States, according to the principles oil
the Constitntion; and in the meantime
shall be maintained and protected in the
free enjoyment of their liberty and prop
erty, and secured in the free exercises OF
their religion, without restriction
II is plain, therefore, ON the face of
these treaty stipulations, that all Mexi.
cans established in territories north or
east of the line of demarkation already
mentioned, come within the protection of
the 9th article; and that the treaty, being
a part of the supreme law of the land,
does extend over all such Mexicans, and
assures TO them perfec: security in the
free enjoyment of their liberty and prop
erty, as well as in the free exercise of
their religion, and this supreme law of
the land being thus in actual force over
this territory is to be maintained until il
shall be displaced or superseded by 9TH
er legal provisions; and if it be obstruc-
ted or resisted by combinations too pow
erful TO be suppressed by the civil author
ity, the case is one which comes within
the provisions of the law, aud which
obliges the President to enforce these
provisions. Neither the Constitution or
the laws; nor my duty or my oath of
Office, leave me any alternative, or any
choice, in my mode of action.
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 Uni
ted States before the treaty of Gauda-
loupe Hldalgo, nor has it any such pow
er now since the question has become a
question between the State of Texas and
the United States. So far as this boun-
dary is doubtful, 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 meantime if disturbances or collisions
arise or should be threatened, it is abso-
lutely incumbent on the Executive Gov
ernment, however painful the duty. to
take care that the laws be faithfully main
tanned, and he can regard only the actual
state of things as it 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 enjoy
ment Of their liberty and property, ac-
cording to the provisions of the 9th ar
ticle cf the treaty.
In other words, all must now be regar-
ded as New Mexico which was posses
sed and occupied as New Mexico by
citizens OF Mexico at the date of treaty,
until definite line by treaty shall be es-
tablished by competent authority. This
assertion of duty to protect the people
of New Mexico from threatened violence
or from seizure, to be carried into Texas
for trial for alleged offences agains. Tex
an laws, does not include any claim of
power on the part of the Executive to
establish any civil or military government
within that Territory. Thar power be-
longs exclusively to the Legislative de-
partment, and Congress is the sole Judge
of the time and manner of creating or
authorizing any such governments.
The duty Of the Executive extends
only to the execution of laws and the
maintainance of treaties in actual force,
and the protection Of all the people in
the United States in the enjoyment of the
rights which those eaties and laws
guaranty.
II is exceedingly desirable that no oc
casion should arise for the exercise Of the
powers thus vested in the President by
the constitution and the laws. With
whatever mildness these powers might
be executed; or however clear the case Of
necessity, yet consequences might never
'theless follow which no human sagacity
can foresee either the evils or the end.
Having thus laid before Congress the
communication of his Excellency the
Governor of Texas. and the answer there
10, 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 10 be
performed; hope shall not be regard
ed as stepping aside from the line of my
duty, Notwithstanding that l am aware
that the subject is now before both Hous-
es, if express my deep and earnest con-
viction of the importance of an immeai-
ate decision, or arrangement, or the set
dement, of the question of boundary be-
tween Texas and the territory of New
Mexico. All considerations of justice,
general expediency, and domestic tran
guilty call.for this. II seems to be, in
its character and by position, the first, or
one OF the questions growing out Of the
acquisitions of New Mexico, and now
requiring decision.
No government can be established for
New Mexico, either State or Territory,
until it shall be first ascertained what is
New Mexico and what are her limits and
boundaries. These cannot be fixed or
known, till the line of division between
her and Texas shall be ascertained and
established--and numerous and weighty
reasons conspire, in my judgement, to
show that this divisional line should be
established by Congress, with the assent
cf thu q Of la, hn