Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-15

q
constitution would have afforded the means Of obtaining an
jusment of the question of boundary with Texas by judicial
decision AT present however, no Judicial tribunal has the
power oil deciding that question: and remains tor Congress
to devise some means for its adjustment Meanwhile sub
NIT to Congress the question: whether it would be expeden
before such dusmen to establish Territorial Govern
men which, by including the district so claimed would prac
ca beside the question adversely to the State of Texas
excluding it. would decide it in her favor. In my opinions
such course would not be expedient," sc.
Here be assumed that il the duty of Congress
to devise some for the adjustment Of the line be-
tween Texas and New Mexico and I'LL that adjustment takes
place, Is recommended that government be established
lest such an establishment should practically decide the
question" at issue.
Now, Mr. President Congress utterly poweress in this
matter except so far it may make accept propositions
tor compromise between Texas and the United States.
me boundaries oil Texas much beyond the reach
OF the National Legislature are the boundaries Virginia
or any other State of the Union An obligatory decision of
such question only be made ageeaby the message
by the Supreme Court and then only when it arises between
Two States and not when arises between State and the
United States, acting for Territory In the latter CASE the
parties wholly Independent of each other and compro
mise presents the only practicable Of adjustment be-
tween them. No other mode of adjustment be deuse
and seems that when the Executive presented the subject TO
Congress- would have been better recommend such
plan OF adjustment rather than to leave the controversy inde-
hnitely open, and the country without government
But sir, there still serious objection this
than the failure to recommend specific action to Congress
The recommendation 10 do nothing. If read the const
tuition rightly, the duty of the Executive is to communicate
information to Congress conceninng the state of the Union
and to recommend to their consideration such
he shall judge necessary and expedient."
Instead Of the recommendation have received being
for the consideration of measures it is that measures be
ments. It admits the power of Congress- but advises that
this constitutional power be left unexecuted. In what clause
of the constitution found that the President has authority
advise Congress not to of its duties when the
occasion arises, have been utterly unable to discover
neither its existence oresee all its consequences If
constitutional duty may be omitted and that too, with
the express sanction of the Executive who tell how far
this principle of legislative nacion may 60, and what other
great interests the country become the sport of chance
instead Of being directed by wisdom and experienced Little
gained in the management of national affairs by yielding
great duty to the pressure Of temporary circumstances
shall not pursue this topic, s though it is fruitful in e6ec
TONS but will merely remark that the powers of the Govern
men granted the exgence Of the country and
meet them in the mode provided in the constitution. To
do nothing, when such exigences arise neither to fulfil
our own duties to exercise Just forecast which is aware
of impending difficulties, and seeks to obvate them by
dence and 6rmness
But for myself sir do not the difficulty which the
President apprehends Under any aspect declaration
ing all Interior rights would prevent any conclusion being
drawn adverse TO Texas, from act Of legislation merely
providing temporary government for people just passing
under the dominion Of the United States The President,
however, recommends not to establish Territorial Go
vernment New Mexico because that measure by incud
ing the district claimed would practically decide the ques
ton adversely to the State Texas by excluding would
decide in her favor Neither action nacton
affect the rights Of Texas practically specuhtire IT,
indeed acknowledge her jurisdiction the Rio Gande
there is of course end of the question: being Of
the parties have full authority recognise her claim
But should undertake, in the establishment of Ter
rtoria Government expressly to carry its boundaries across
the Rio Gande how is possible that such STEP taken by
of the parties would decide the question adversely to
the oher We have just much authority, by act of
Congress- decide question between the United States and
the British possessions have between the United States
and Texas
But sir, there is very obvious mode of avoiding any i'm
proper interference with the claims Of Texas and that is the
very mode provided in the BILL does not undertake to de-
fine her boundary by defining the boundary
of New Mexico 1t leaves that question for amcable adjust
men and if that cannot be brought about for such Interior
settlement constitution provides 1t therefore decides
no claim adversely taporab specuatirey or practically
But wisely offers liberal terms to Texas in the hope-a
founded one, trusthat these will be accepted and
this controversy terminated without further difficulty. Should
they not neither party be injured by the establishment Of
these local temporary Governments. Texas will retain all
her rights, and New Mexico will acquire Ones The
latter will possess legal nsead of doubtful ORDER actual
disorder How far it shall extend question cannot
auhoratvely settle but far as it does go, it will be
great benefit leaving to the parties all their just rights thus
removing the objection to action stated by the President that
such action would pactcay decide question which we
have no right to decide
But sir in this brief examination of the objections Of the
Administration to the establishment of Government for New
Mexico what becomes of Utah. removed thousand miles by
any travelled route from the western boundary of Texas
claimed by herself and where there neither nor have
been any Mexican laws to justify inaction These
grounds of opposition to legislation utterly nappca
bic to that region the given for reconcng US to
sit still and to do nothing
There is district claimed by Texas to be found
there and therefore question of jurisdiction to be decided
favoaby unfavoraby by action. Nor do "the people
Of this Territory still enjoy the benefit and protection of their
municipala originally received from Mexico Nor have
they ga military force stationed there to protect them from
the Indians which OF the especially urged
in the message why "such he establishment Of
territorial government) would not be expedent do not
understand how, in free country like this the presence of
an armed force should reconcile Congress the omission Of
its constitutional duties the people to the absence Of eg
mate government Wherever there danger Of Indian in
cursions, there is the duty of the Executive to afford pro-
lection by adequate force but this duty is wholly indie
pendent of the question Of civil government and its perform
ance affords just compensation for any neglect in the esta
bishment Of political institutions.
But though this objection to legislation is most prominently
stated in the Presidents California message, there is still
another which is also presented and which Of should
meet with our consideration:
Seeing, then, (says the President) that the question
which exces such painful sensations in the country WILL
end certainly be settled BY the silent effect OF causes
independent of the action of Congress- again submit your
wisdom the policy recommended in annual message of
awaiting the saluay operation of these believing
shall thus avoid the creation of geographical parties and
cure the harmony of feeling necessary to the beneficial
ton OF our political system"
In the annual message here referred the policy Of egs
ative nacon is recommended solely the ground that
thereby in consequence of the action Of the people
themselves, Governments would be established, and all
causes of avoided and confidence and kind feeling
preserved The objection to Legislation, founded the
Texan ciaim which occupies prominent place in the
second message altogether unnotced in the first. Why
know not for time has made neither stronger clearer