Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-08-22
secured in the free exercise of their religion with

secured in the free exercise Of their religion with
out restriction
1t is plain therefore, in the face of these treaty
stipulations that all Mexicans, established in ter
ritores east of the line OF demarcation mentioned
come within the protection Of the ninth article and
that the treaty, being part of the supreme law of
the land, does now extend over all such Mexicans,
and assures to them perfect security in the free en-
joyment of their liberty and property, and in the
free exercise of their religion. And this supreme
law Oft the land, thus in actual force this ter
ritory is to be maintained until il shall be displac-
ced or superseded by other legal provisions, or is
obstructed or resisted by combinations too power
full to be suppressed by the civil authority. This
is one that comes within the provisions Of the
law, and 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 Of my action.
The Executive Government of the United States
has no power or authority to determine what was
the true line or boundary between Mexico and the
United states. before the treaty of the Guadalupe
Hilalgu has it any such power now, since the
question has been question between the state of
Texas ami the United States. So far this boun-
Diary is doubtful, that doubt should be removed by
some act of Congress, to which the assent of the
state Of Texas may he necessary, by some appro-
pirate mode of legal adjudicaton but if in the
time disturbances ana collisions arise should
be threatened, it is absolutely incumbent the
Executive Government, however painful the duty,
to take care the laws he faithfully maintained.
existed at the date of the treaty, and is bound to
protect all inhabitants who were then established,
who now remain north and east Of the line of de-
marcatiou, in the full enjoyment Of their liberties
and property, according to the provisions of the
ninth article of the treaty. in other words all
now be regarded as New Mexico, which was pos
sessed and occupied as New Mexico, by citizens of
New Mexico at the date Of the treaty, and until a
definite line of boundary shall be established and
by competent authority.
This assertion OF duty to protect the people of
New Mexico from threatened violence from seiz-
to be carried into Texas for trial for alleged Of
fences against Texas laws, does not at all include
claim OF power on the part of the executive to
establish any civil or military government within
that terrtorythat power belongs exclusively to the
Legislative Department, and Congress is the sole
judge Of the time and manner of creating author
izing any such government; the duty of the Execu-
tive is only the execution Of the laws and the main
tenance Of reatieS actually in force, and the pro-
lection of ALL the people of the states in the
enjoyment Oft rights which those treaties and
laws guarantee. 1t is exceedingly desirable that
occasion should arise for the exercise of the pow
thus vested in the President by the institution
and the law, with whatever mildness those powers
might be executed or however, clear the case of
necessity. Yet, consequences might nevertheless
follow, and of which no human sagacity fore
see, either the evil or the end. Having thus laid
before Congress the communication of his excel
lency the Governor Of Texas land the answer there
to, have made such observations as have tho't
occasion
obligations may arise in the future progress of
things and may devolve on me duty to be per-
formed. s.....-4.a ..-. .~- .
hope shall not be regarded as stepping aside
from the line of duhy, notwithstanding that am
aware that the subject is before both Houses. ]
EXPRESS my deep and earnest conviction OF the i'm
portance of an immediate decision or arrangement
or settlement of the question of the boundary be-
tween Texas and the territory of New Mexico.s All
considerations of Justice, general expediency and
tran rhn I'm he
in its character and by position the first of
the first of the questions growing out of the &C.
ausiton of California and New Mexico, and now
requiring decision.
No government can be established for New Mex
co either state Territory, until it shall he first
ascertained what New Mexico is, and what are her
limits and boundaries. These cannot be fixed
known till the line of division between her and
Texas shall be ascertainei and established, and
numerous and weighty reasons conspre, in my
judgment. to show that this division 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 accomplished. Judicial
proceedings would necessarily be slow, and years
would pass by, in all probability, before the con-
troyersy could be ended.
SO great delay in this case IL To he avoided If
passibie Such DELAY would be every way Incon-
-vr,I~ns, might be the occasion of disturbances
and collisions. For the same reason, l would,
with the utmost Difference to the wisdom Of Con-
gress, express doubt as to the expedenCy of the
appointment Of Commissioners and of an exaniRs-
ton, estimate and award of Indemnity to be made
bv them this would he but spec ies of arbitration
which might last as long as suit of law. So far
as / am able to comprehend, the general facts
now all known, and Congress is able to decide
on it justly and promptly now as it probably would
be after the report of the Commits sioners. -.
The claim Or title on the part of Texas appears
to Congress to be well founded in whole in part
II is in the competency of Congress to offer her
indemnity for surrender of that claim in a case
like this. surrounded as it is by many eogent con-
sideratons, all calling for amicahle adjustment and
immediate settlement. The Government of the
United States would be justified in my opinion, in
allowing indemnity to Texas, not unreasonable
or extravasant, but fair, liberal, and awarded in
just spirit of accommodation. | think no event
would be hailed with more ratification by the peo-
pie of the L. S. than the a.nicahe adjustment OF
questions Of difficulty which have now long
time agitated the country, and occupied TO the ex-
clusion Of other subjects, the time and attention OF
Congress-.
Having thus freely communicated the result of
my own reflections on the most advisable mode OF
adjusting the boundary question, shall neverthe-
less chez rfully acquiesce in any other node which
the wisdom Of Congress may devise and in con-
cluson repeat my conviction, that every consid-
Grafton of the public interests the neees
sity of a provision by Congress for settlement Of
this boundary question before the present session
be brought to close.
The settlement of other questions connected
with the same subject, within the period, is
greatly to be desired, but the adjustment of this
pears to me to be in the highest degree important.
In the train of such an adjustment, we may wen
hope, by their good feelings, there will follow
turn of harmony and good will. an increased at
achme mt to the Union, and the general satisfaction
of this country. WILLARD FILLMORE.
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