Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1850-08-14

crty and property according to the provisions
of the 9th article of the treaty; ;in other words,
all must be now regarded as New Mexico
which was possessed and d:occupied as New
Mexico by citizensof Mexico at the date OF
the treaty, until ade6nite line of boundary
shall be established by competent authority.
This assertion of duty TO protectth the people
of New Mexico from threatened violence or
from seizure, to be carried intoai 'exas for
trial for alleged offences against Iexanlaws,
does not at all include any claim OF power on
the part of the Executive to establish any
civil or military government within that ter
ritory. That porer belongs exclusively to:
the Legislative department, and Congress isS
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 maintenance
of treaties actually in force, and protection
of all the people Of the United States in the.
enjoyment of the rights which those treaties
and laws guarantee. iss.fs
It's exceedingly desirable that no occasion
should arise for the exercise of the powers
thus vested in the President by the Constitu-
tioniand the laws. With whatever mildness
those powers ,mightbe executed, or however
clear the case ofnecessity, yet consequences
might nevertheless follow, of which no hu-
man sagacity5 can f0sesce either the evils or
| the end.
Having thus laid before Congress thescom-
munication of His EScellency the Governor
of Texas, and the answer thereto, and hav.
ing made such observations as ! ave thought
the occasion called for respecting sconstitu-
tional obligations which may arise. in the
further progress of things. and may .deyolve
on me to be performed, / hope l shall not be
regarded as stepping aside from The line Of
my duty notwithstanding that i a1n aware
thatthe subject is Ilow befuresboth Houses,
if l express my deep aud earnest conviction
of the Importance of an. immediate decision
or arrangement, or set tlement Of the ques-
ton of boundary between ct g IeSas and the ter
ritory of New Mexico: All considerations
of justice, general espedieney, and domestic
tranquility ell for this* ltsscems to be, in
its character and by position, the first, or one
of the first, of thei questions growing out of
the acquisition of Califoriaand 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 New Mexico
is, and what are her limits and boundaries.
These cannot be fixed or known, till the line
of between her and Texas shall be
ascertaincd and established-and numerous
and weighty reasons conspire, in my judge.
ment, 10 show that this divisional line should
be established by Congress, with the assent
of the government Of Texas. In the first
place, this seems by far the most prompt mode
Of proceeding, by which the end can be &C.
complished. If Judicial proceedings were
resorted to, such proceedings would neccs-
sarily be slow, and years would pass by, in
al probability, before the controversy could
q Sat delay in this case, is