The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1850-08-31


New Mexico bc a territory of the nited
States, and il any treaty stipulation he IN
force therein. sach treaty stipulation II IL"
supreme Law OF the land, aud 10 to b. man
tainsd aud uplrcld accordingly.
Ia the letter 10 the Governor Of Texas,
NV rsasons are given for believing that New
Mexico is a territory 81 the United states,
with the samc extent and the same bonnda'
lie. which belonged to il while in the &C
,nal possession OF III. rcpnbl,c OF Mexico,
and before the late war. In the early part
of that war, both California and New Mex.
leo were conquered by the arms ai 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 was confirmed.
and these territories, Provinces or depart,
menta, separated from Mexico forever; aud
by the same treaty certain important rights
and securities were soIcmnly guaranteed to
the inhabitants residing therein.
Bv the 9Th article of the treaty 1t is de-
clared that
"Th. boundary line between the two
republics shall commence III the Gull Of
Mexico, three leagues from land. opposlie
the mouth Of the Rio Grande. otherwise
called the Rio Bravo del <ort.. or opposite
the mouth, OF It's deepest branch. II II should
have more than one branch emp,,ing di-
rcrrly into the sen from thence, up the
middle of that river, following the deepest
channel where /, has more than one. to the
point where il strikes the southern bound.
AIRY Of New Mexico, thence we,twardly,
along the whole OF the southern boundar,
Of New Mexico, (which runs north Of the
town OF Paso,l to its present termination !;
thence northward, along the western line
Of New Meyico, until it lutcrssc,s the first
branch Of the river ella, Tor, il 1t should
not intcrseet any branch Of that rivcr. then
to the point on the SAID line nearest to such
branch and thence 10 direct lOc TO the
same ! thence down the middle OF the said
ties into the Rio Colorado thence across
the Rio Colorado following the division
line between the Upper and Lower Cali.
iorna to the Pacific ocean"
The sth article Of the treaty i, in the
following terms
Mcsicans now established in Terrific.
rics previously belonging to Mexico. and
which remain for the future within the Inn.
It's Of the United States a. defined By the
prcson, treaty, shall be free 20 continue
where they now reside, or 10 remove at any
time to the Mexican republic, retaining the
property which they possess in the said
Territories, or disposing thereof. and re-
moving the proceeds wherever they please,
without their being subjected, on TIN. ac.
CONT. to any contribution, tax, or charge,
whatever.
Those who may prefer Ia remain in
the Territories may either retain the title
and rights Of Mexican citizens or acquire
those of citizens Of the United States but
they shall be under the obligation to make
their election within one year from The
date of their exchange or raiihcaiions ot
this treaty and those who shall remain IN
the said Territories after the expiration oi
that year, without having declared their IN.
,enton to retain the character of MexIcans,
shall be considered to have elected to be.
come citizens Of the United States
+" In the said Territories property OF ev.
cry kind, now belonging to MeSicans not
established there. shall DO Inviolably re.
spccid The present owners, the heirs Of
these. and all Mexicans who may hereafter
acquire said property by contract, shall en-.
Joy. with respect to it. guarantees equally
ample Ms if the same belonged to citizens
of the United States
The 9th article of the treaty is in these
words
THE Ncxicans who, in territories aforc.
said, shall not preserve the character OF
citizens Of the Mexican republic, conform.
ably with wha. is stipulated in the preee.
ding article shall be Incorporated into the
Union of the United States, and be admit
ted ut the proper time TO he judged of by
the Congress Of the United Statcs) 10
the enjoyment Of all the rights OF citizens
of the United States, according to the
principles Of the constitution, and, in
the mean time, shall be maintained and
protected in the free enjoyment Of their
liberty and property. and secured in the
free exercise OF their religion without re.
strclion.'
|, is plain, therefore on the face Of these
treaty stipusaiions. tina. all Mexicans es'
tabishcd in Territories north or east of
the line Of dcmarcation already mentioned
come within the protection Of the oh mr.
ticle; and that the treaty. being part OF
the supreme law Of the land, does extend
over all such Mcxicans. and assures to
them perfect security in the free enjoyment
of their liberty and property. as well as in
the free exercise of their religion; and this
supreme law of the land. being thus in nc.
tual force over this territory. is IN be main.
tanned until j, shall BIZ displaced or super.
seeded by other legal provisions and IL it
be obstructcd or resisted by combinations
too powerful to be suppressed by the civil
authority, the case is one which comes
within the provisions of law, and which
obligcs the President to enforcr these pro.
visions. Neither the Constitution nor the
laws. nor my duty. nor my oath Of office.
leave me any alternative, or any choice.
in my mode Of action.
The Executive Government Of the L.
States has no power or authority to deter.
mine what was the true line Of boundary
between Mexico and the United States be.
fore the treaty Of Guadalupe HidaIgo, nor
has Il any such power now, since the ques.
ton has become a question between the
State of Texas and the United States. So
far as this boundary is doubtful. that doubt
can only be removed by some act Of Con.
gress. TO which the assent of the State Of