Weekly national intelligencer., 1850-08-10
TEXAS AND NEW MEXICO.
MESSAGE FROM THE PRESIDENT.

| The following message was transmitted to both
Houses of Congress on Tuesday, the 9th instant
WASHINGTON, AUeUsr 9. 1850.
To the Senate and House of Representatives.
herewith transmit the two Houses of Congress letter
from his Excelency the Governor Of Texas dated on the
18th day Of June last addressed to the late President Of the
United Staes which, not having been answered by him.
came to my hands his death and also transmit copy
of the which have felt it be my duty to cause 10
| be made to that communication.
Congress will perceive that the Governor Of Texas off
cay states that by authority Of the Legislature Of that State
be dispatched Special Commissioner with full power and
instructions to extend the civil jurisdiction of the State over
the unorganized counties Of Ell Paso WORTH Preside, and
Santa Fe, situated on its northwestern limits.
He proceeds that the Commissioner had reported to
him, in official form, that the military officers employed in
the service Of the United Sates stationed Santa Fe inter-
posed adversely with the Inhabitants to the fuflment Of his
object in favor of the establishment of separate State Gov
east Of the Rio Grande and within the rghtu limits
Of the State Of Texas. The four counties which Texas
thus proposes establish and organize being within her
own jurisdiction, extend the whole of the territory east
Of the Rio Gande which has heretofore been regarded an
essential and integral part of the Department Of New Mexico
and actually governed and possessed by her people, until con-
quered and severed from the Republic Of Mexico by the Ame-
ricaH
The Legislature Of Texas has been called together by her
Governor for the purpose is understood of maintaining
her claim to the territory of the Rio Gande, and Of es
tablshng her jurisdiction and her own laws by
force.
These proceedings Of Texas may well arrest the attention
Of all branches Of the Government of the United States and
rejoice that they while the Congress yet in session
It is fear, far from being impossible that in consequence Of
these proceedings Of Texas crisis may be brought which
shall summon the Houses of Congress- and still
emphaticay the Executive Government, to an immediate
readiness for the performance of their respective duties
BY the Constitution of the United States the President is
constituted Commandern-chef Of the Army and Navy and
of the militia Of the several States when called into the actual
service Of the United States The Constitution declares also
that he shall take that the laws be- faithfully executed
and that be SHALL from time to time give to the Congress
information of the state of the Union.
Congress has power by the Constitution, provide for
calling forth the militia execute the laws Of the Union and
suitable and appropriate acts Of Congress have been passed.
well for providing for calling forth the militia, for placing
other suitable and efficient in the hands Of the Presi-
dent enable him to discharge the constitutional functions
of his Office.
The second section of the act Of the 2Sth Of February,
1895, declares that whenever the laws of the United States
shall be opposed their execution obstructed any State
by combinations powerful to be suppressed by the odna
y Of judicial proceedings the power vested in the
marsha the President may call forth the militia, far
may be suppress such combinations and
the laws to be duly executed
By the act Of March 3d. 1907 it provided that in all
Of obstruction the laws either Of the United States
any individual State Territory where lawful for the
President call forth the militia for the purpose Of causing
the laws be duly executed it shall be lawful for him to
employ for the purposes such part of the land naval
force of the United States shall be judged necessary
These several in full force that if
the laws Of the United States opposed obsuced in any
State Territory, by combinations powerful to be sup
pressed by the judicial civil authorities, it becomes
which is the duty Of the President either to call out
the militia employ the military and naval force Of the
United States to do BOTH if in his judgment the exgen-
cy of the occasion shall require for the purpose of sup
pressing such combinations The constitutional duty of the
President plain and perempto, and the authority vested
in him by law for its performances clear and ample.
Texas is State, authorized to maintain her laws
far they repugnant to the constitution, laws, and
treaties of tho United States to suppress instructions
against her authority, and to punish those who may commit
against the State according to the forms provided BY
her constitution, and her own laws But all this poweis
local. and confined entirely within the mitsof Texas herself
She can possibly confer authority which be lawfully
exercised beyond her boundaries All this is plan and
hardly needs argument eucdation. If Texan militia,
therefore, march into any Of the other States into any
Territory Of the United Sates there execute enforce
any law Of Texas they become that moment epassers
they are no longer under the protection Of any lawful autho
ty and be regarded merely intruders and if with
in such State or Territory, they obsruct any law Of the
United States either by power of power of
numbers constituting such combination 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 exercise
the high vested in him by that and by the
acts Of Congress.
Or if any civil posse, armed unarmed, enter into any
Territory of the United States with intent to seize individuals
to be carried elsewhere for trial. for alleged offences and this
posse be powerful be resisted by the local civil auho-
rites such seizure attempt seize is to be prevented
resisted by the authority Of the United States
The grave and important question arises, whether there
be the Territory Of New Mexico any existing law Of the
United States opposition to which, the obstruction Of
which, would constitute calling for the nterposion Of
the authority vested in the President
The Constitution of the United States declares that this
constitutions and the laws of the United States which shall
be made in pursuance thereof and all treaties made which
shall be made under the authority of the United States shall
be the supreme law Of the land" IT, therefore, New Mexico
be Territory Of the United Staes and any treaty spula
be in force therein, such treaty stipulation is the supreme
law Of the land and is be maintained and upheld accord
ingly.
In the letter 20 the Governor of Texas INV reasons ere