The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-08-21

provided by her own constitution and by
her own laws.
Bot all this power IS local, and con6n-
Cd enlirrly within the limits Of Texas
herself. She can possibly confer no au-
ihoriiy which can be lawfully exercised
beyond her own boundaries.
All this is plain aud hardly needs ar
gument or elucidalion. lfTexas militia,
therefore. march into any one Of the 9TH
er States. or into any territory Of the
United States, there TO execute or en-
farce any law Of Texas, they become at
that moment irespassers; they are no
longer under the protection Of any law
ful authority, and are TO be regarded
merely ms in,ruders; and II with him
such State or Territory they obsiruci any
law of the United States, either BY pow
er Of arms or mere power Of numbers,
constituting such combination as is Too
powerful 10 be suppressed by the civil
authority, the President Of the United
Siaies has no option leit him, but is
bound 10 obey the solemn injunction oi
the Constitution, and exercise the high
power vested in him by that instrument,
and BY the acts Of Congress.
Or ifany civil posse, armed or unarm.
cd. enter into any Territory ofihr United
States, under The protection ot the laws
thereof, with intent TO seize individuals
10 be carried elsewhere for trial for alleg-
ed offences, and this posse bc too power.
ful 10 be resisted BY the local and civil
authorities, such seizure or attempt 70
seize, is 10 be prevented or resisted By
the authority Of the United States.
The grave and important question now
arises whether there be- in the Territory
Of New Mexico any existing law Of the
United States, opposition TO which, or The
obstruction Of which would constitute a
case calling for the inierposi,ion Of the
authority vested in the President.
The Constitution, OF the United States
declares that .this Constitution, and the
.laws of the United States which shall
.be made in pursuance thereof, and all
.,he treaties made or which shall be
.made, under the authority ofthe United
States. shall be the supreme law OF the
.land." lf therefore, New Mexico DC
territory of the United States, and d
any treaty stipulation be in force therein
such treaty stipulation the supreme law
! of the land, and is to maintained and up
held accordingly.
In the the letter to the Governor ol
Texas, my reasons are gwen for believing
that New Mexico is now territory ol
the United States, with the same extent
and the same boundaries which belonged
to it, while in the actual possession oil the
Republic OF Mexico, and before the late
war. Ia the carly war, both Calilor
mai and New Mexico were conquered by
the arms of the United States and were
in the military possession Of the United
States at the date of the treaty OF peace.
/ BY that treaty The title by conquest was
confined, and these territories, provinces
or departments, separated from Mexico
forever, and by the same treaty certain
important rights and securities were so
lemnIy guaranteed TO the inhabitant'
residing therein.
/ By the fifth article Of the treaty il !:
declared that
4 .Thc boundary line between the tw'
republics shall commence in the Gull Q
Mexico, three leagues from land opposit,
the mouth Of the Rio Grande, otherwis,
called the Rio Bravo del Norte, or opPo
site the mouth Of It's deepest branch, if
should have more than one branch, emp
tying directly into the sea from theme
up the middle Of that river, following tn
deepest channel where il has more tha
, one, 10 the point where it strikes tn
, southern boundary ofNew Mexico, theme
!, westwardly along the whole souther
boundary of New Mexico, (which ru
north Of the town called Paso.) TO il
western termination; thence northwar
along the western line Of New Mexic
!. until il intersects the first branch OF tn
!, river GiIa, Tor if it should not interset
!, any branch Of that river, then TO tn
!, point on the said line nearest to sue
branch, and thence in direct line TO u
same:) thence down The middle OF tn
:, said branch Of the said river until 1t eli
. pties into the Rio Colorado; thence
cross the Rio Colorado, following The d
= vision line between Upper and Lowe
California IN the Pacific ocean,.
n The eighth article Of the treaty is
IS the following terms:
all "Mexicans now established in Teri
n tories previously belonging to Mexico al
i which remain for the future within u
v limits of tie U. States, as defined by Y
/ present treaty, shall be free TO con.In'
= where they now reside. or to remove
II any time TO the Mexican Republic,
g tanning the property which they posse
in the said Territories, disposng there
4 and removing the proceeds wherev
le they please, without their being subject
Is on this account TO any contribution, u
or charge whatever.
n arhose who shall prefer 10 remain