The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-08-15


Constitution, laws, and treaties of the United
States; to suppress instructions against her
authority, and 10 punish those who may commit
treason against the State, according to the forms
provided by her own Constitution and her own
laws. But all this power is local. and confined
entirely within the limits Of Texas herself She
can possibly confer no authority which can be
lawfully exercised beyond her own boundaries
All this is plain, and hardly needs argument or
calculation, If Texan militia, therefore, march
into any one Of the other States or into any Ter
ritory of the United States, there to execute or
enforce any law Of Texas, they become at that
moment trespassers; they are no longer under
the protection of any lawful authority and are to
be regarded merely as intruders and If within
such State or Territory they obstruct any law of
the United States, either by power Of arms mere
power Of numbers, constituting such combina-
ton as is too powerful to be suppressed by the
civil authority the President of the United States
has option left to him, but is bound TO obey the
solemn injunction of the Constitution, and exer-
cise the higher powers vested in him by that in
| strument and by the acts Of Congress-
+ Or II any civil posse, armed or unar01ed, elfsr
into any Territory Of the United States, with in
I seas 10 selze InoIuuuaIs, oarII~a 0,so~nvrv
for trial. for alleged offences aud this posse be too
powerful to be resisted by the local civil authori
ties such seizure attempt to seize is to be pre-
vented or resisted by the authority of the United
| States
The grave and important question now arises,
| whether there be in the Territory Of New Mex.
leo any existing law of the United Seates, oppo-
stion to which, or the obstruction of which,
would constitute a case calling for the interposi-
tion of the authority vested in the President.
The Constitution of the United States declares
that " this Constitution, and the laws or the
| United States which shall be made in pursuance
thereof, aud all treaties made or which shall be
made under the authority of the United States,
| shall be the supreme law of the land" IL, there
fore. New Mexico be territory of the United
States and IL any treaty stipulation be in force
therein, such treaty stipulation is the supreme
| law of the land and is to be maintained and up
! held accordingly.
| In the letter to the Governor Of Texas my rea-
sons are given for believing that New Mexico is
| now Territory of the United States, with the
same extent and the same boundaries which
belonged TO il while in the actual possession Of
thS Republic of Mexico, Shd before the late
war. 10 the early part of that war, both Cali
fornis and New Mexico were conquered by the
9rps of the United S,s3Ds az -"-A ~ tbe mil,
itary possession Of the Omitted States at the date
of the treaty of peace By that treaty the title
by conquest was confirmed, and these Territories,
Provinces, or Departments, separated from Mexi-
co forever and by the same treaty certain impor-
tant rights and securities were solemniy guar
tied to the inhabitants residing therein.
By the fifth article of the treaty it is declared
| that
"The boundary line between the two Repub-
| lies shall commence in the Gulf Of Mexico three
leagues from land, opposite the mouth Of the
| Rio Grsnde otherwise called the Rio Bravo del
| Norte, or opposite the mouth Of its deepest
branch, if II should have more than one branch,
| emptyng directly into the from thence, up
! the middle Of that river, following the deepest
| channel, where 1t has more than one, to the point
| where it strikes the southern boundary Of New
Mexico; thence westwardly, along the whole
southern boundary Of New Mexico, (which runs
North of the town called Paso,) to its western
termination; thence northward, along the west
ern line of New Mexico, until it intersects the
first branch of the river CHA; or if it should not
intersect any branch Of that river, then to the
| point on the said line nearest to such branch
| and thence in q direct line to the same J thence
! down the middle of the said branch and of the
said river until it emptes into the Rio Colo
RADIO; thence across the Rio Colorado, following
the division line between Upper and Lower Calf
fornia, to the Pacific ocean,
The eighth article of the treaty Is in the fol-
| lowing terms
"Mexicans now established in Territories pre-
yiously belonging to Mexico, and which remain
for the future within the limits Of the United
States as defined by the present treaty, shall be
free to continue where they now reside, to re-
move at any time to the Mexican Republic, re-
tanning the property which they possess in the
said Territories, or disposing thereof and remov
ing the proceeds whenever they please, without
their being subjected on this account to any con-
tribution, tax, or charge whatever.
Those who shall prefer to remain in the said
Territories may either retain the title and rights
Of Mexican citizens, or acquire those OF citizens
of the United States. But they shall be under
the obligation to make their election within one
year from the date Of the exchange of ratifca-
tions Of this treaty and those who shall remain
in the said Territories after the expiration Of that
year, without having declared their intention to
retain the character of Mexicans, shall be con-
sidered to have elected to become citizens of the
United StatesD
" In the said Territories, property of every kind
| now belonging to MeKicans not established there
shall be inviolably respected The present own
ers, the heirs OF these, and all Mexoans who
may hereafter acquire said property by contract
shall enjoy with respect to it guarantees equally
ample as If the same belonged to citizens of the
United States"
The ninth article of the treaty Is in these
words
"The Mexicans who in the Territories aforesaid
shall not the character ofthe citizens ofthe
Mexican Republic conformsbly with what is stipu-
ted into the Union of the United States, and be
admitted at the proper time TO be judged of by
the Congress of the United Stated to the enjoy
ment of all the rights of citizens of the United
States according TO the principles Of the Consti-
tuition I; and, in the mean time, shall be main
tanned and protected in the free enjoyment Of
their liberty and property, and secured in the
free exercise of their religion, without restric-
tionn
IA i Al 4. - ~
stipulatons that ell Mexicans established in
Territories north of the line Of dsmarkaiion al
ready mentioned, come within the protection of
the 9th article and that the treaty, being part
of the supreme law of the land, does extend over
oil such Mexcans, and assures to them perfect Sc
curity in the free enjoyment of their liberty and
property AZ 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 and enforced until 1t shall be displaced
superseded by other legal provisions; and II it
be INSTRUCTED restricted by combinations too
powerful to be suppressed by the civil authority,
the case Is one which comes within the provi
sons Of law, and which obligss the President to
enforce those provisions. Neither the Constitu-
ton nor the law, my duty or my oath of office,
leaves 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 United States, before the treaty
Of Guadalupe Hidslgo; 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 doubtful that
doubt can only be removed by some act Of Con-
gress, to which the assent of the State Of Texas
may be necessary or by some appropriate mode
of legal adjudication but, in the mean time, II
disturbances or collisions arise or should be
threatened, it is absolutely incumbent on the
Executive Government, however painful the