The miners' express. (Dubuque, Iowa) 1849-1854, 1850-08-28
Power Changes Positiona.

of the present volume.
Power Changes Positions.
Immediately after the reception of Presden
Fillmore's first Message, we took occasion t
advert to the positions assumed therein, and il
brief criticism upon the documents as connect
cd with the circumstances which brought it forth
we did not hesitate to say that it was uncalle
for by the circumstances.
We will now undertake to show that the doc
trines of this message and of Mr.. Webster let
ter to Gov. Bell, are both untenable in their DO
sitons, and therefore illegal in their conclusions
We are well aware that this announcement
will curl up sneer on many nose and lip
The idea the Miners Express undertaking t,
show that Mr.. Fillmore or Mr.. Webster erret
in such great points as those now in issue, will
we know, be treated in certain quarters with al
least an ill-natured ha ha but that shall moi
deter US from our purpose.
One ofthe questions at issue relates to the true
boundary of Texas. By her Constitution, Tex
as has defined her own boundary in the same
manner and by the same authority as other
t'loICS nave uChheu lllciES, dllu WIFI lnS OOun-
dairy she was admitted into the Union as State
This boundary as she claims it, extends her
western frontier to the Rio Grande, and until
her legislature yields to an arrangement by
which this boundary is circumscribed, Texas
and not the United States must hold the juris-
diction of the territory in question.
To prove that this is the true position of the
case, we have but to refer to the boundary bill
which has lately passed the Senate of the Uni
ted States
This bill gives to Texas, $lO,0OO,OOO for the
very territory now in dispute, thus admitting
the claim of Texas over the territory, and pay
ing her amply for this claim. Nor is this law
binding upon Texas without her consent, which
is another conclusive admission that Texas and
not the United States owns the territory in dis
putc. -. r. ....--.,ua- # -..-.
II the United States owns this territory, az
the President and Mr. Webster would lead us te
infer, why would they consent to buy from Tex.
as that which they already own, and why would
they bargain with Texas as the rightful owner
There is no reason for supposlng any thing SC
absurd. Mas ..# e.. ~..
SIN the letter to the Governor of Texas, nv
reasons are given for believing that New Mexi-
co is now territory Of the United States, with
the same extent and the same boundaries which
belonged to it while in the actual possession of
the Republic of Mexico, and before the late war.
This extract from the Presidents message is
sufficient to show that he regarded the bounda-
ries of Texas to extend only to the Nueces riv-
er, for all beyond that river was claimed by
Mexico as part of the Department Of one of
her territories previous to the late war. Here
then we have a boundary indicated by the au-
thorty of the Executive, who, by the way, has
no right to NEEDLE with, much less settle boun-
Diary between States or Territories.
The President not only prescribes boundaries
for New Mexico, and by consequence for Tex
as, but he informs Congress that he will defend
this boundary against trespassers for the United
States. et -..
After reciting his duty and powers under the
constitution and laws Of the United States, the
President proceeds to say:
If Texan militia, therefore, march into any
one of the other States, or into any territory of
the United States, there to 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 or mere power
Of numbers, constituting such combination as
is too powerful to be suppressed by the civil au-
thority, the President Of the United States has
no option left to him, but is bound to obey the
solemn injunction of the constitution, and ex.
ercise the high power vested in him by that in
strument, and BY the acts of Congress.
sslf Texan militia march into any territories
Of the United States, there to execute or enforce
any law Of Texas, they become at that moment
trespasscrs." Well, who did not know that
without being told by the President. But Tex
as has not attempted, nor is she likely to at
tempt to march her militia into any territory of
the United States. She claimed the territory in
dispute before the United States. She annex
ed herselfto the United States, with this claim
embraced in the terms Of annexation, and in her
constitution; and in defense of this claim, the
United States went to war with neighboring
Republic.
IA az is not our intention here to defend the
claim Of Texas TO the territory in dispute. We
may well differ with her on that subject; but as
between her and the Executive Of the United
States, we say that the claim is good against
his usurpation. The misfortune Of the Presi-
dent is, that he anticipates the guilt Of Texas;
whereas, Texas i determined not to be guilty.
The act Of Congress fixing the boundary of Tex
as, will give her all she wants, and perhaps more
than she 10 entitled to, and President Fillmore,
notwithstanding all his buster, will sign that
act.
The first position Of the President, is that
New Mexico is Of the same extent and bounda-
ries which belonged 70 il while in the actual pos
session Of Mexico, and before the late war.
This position Il rendered untenable; lot, by the
~ ~ annexation, to eonfrm which the United
5t1teS Eoskht for and conquered the boundaries
cIaimed by Texas; "a, BY The implied assent CIV
~ q this claim W Congress in III passage Of
the boundary bill, which gives Texas $40, 900
90 for ! part Of her claim; and Sd, by the Ian.
9uage Of the President hinselfina subsequent