Washington telegraph., 1850-09-04

|
rights. he has no power to decide upon
them, Or even to negotiate in regard to
them; and therefore it would be improper
for him to express any opinion. The
subject matter OF dispute is between the
United States and Texas, aud not be-
tween the Inhabitants of New Mexico
and Texas.
L those people should voluntarily con.
SEM TO come under the Jurisdiction of
Texas, such consent would not bind the
Un,t-d States, TO take away their title
10 The Territory. So, on the orl.er hand
if they should voluntarily claim the title
for the United States, it would not deprive
Texas Of her rights, whatever those rights
might be. They can only be affected
Ivy her Own acts, or a judicial decision.
The State Constitution formed by New
Mexico can lave no legal validity until it
is recognized and adopted by the law
making power of the United States
Until that is done, it mas no sanction,
and can lave no effect upon the rights of
| Texas, Oi of the United States, to the
Territory in dispute. And it is not to be
presumed that Congress will ever give its
sanction to that Constitution, without
first providing for the settlement Of this
| boundary.
Indeei, no Government, either Terrific
rial or State, can be formed for New
! Mexico, without providing for settling
this boundary. Hence. he regards the
| forma tlol of this State Constitution as
mere nuIity. 1t may be regarded, indeed,
as a petition to Congress to be admitted
as a State; but, un.i. Congress shall grant
the prayer of such petition, by legal en-
| actments, it affects the rights of neither
party. Bat, as it is the right of all to
petition Congress for any law which it
may consNitutionally pass. this people
were in the exercise OF common right
| when they formed their Constitution, with
view of applying to Congress for admis-
sion as a State; and, as he thinks the act
can prejudice no one, he feels bound to
approve of the conduct OF Col Monroe,
in issuing the proclamation.
am directed. also. TO state that, in the
Presidents opinion. it would not be just
to suppose that the late President desired
to manifest any unfriendly attitude or
aspect toward Texas or the claims Of
Texas. The boundary between Texas
and New Mexico was known to be dis.
puted; and it was equally well known
that the executive government of the
United States had no power 20 settle the
dispute. 1t is believed the executive
power has not wished-it certainly does
not now wish--to interfere with that
question, III any manner whatever, as a
question of title.
In one of his last communications to
Congress, that Of the 18th June last, The
late President repeated the declaration
that he had no power to decide the ques
ton of boundary, and no desire to inter
fere with it: and that the authority to
settle that question resided elsewhere.
The object of the executive government
has been, as | believe, and as | am au-
secure the peace of the country; to main
tain as far as practicable the state of things
as it existed at the date Of the treaty;
and to uphold aud preserve the rights of
the respective parties as they were under
the solemn guaranty of the treaty, until
the highly interesting question of bounda-
ry should be finally settled by competent
authority.
This treaty, which is now a supreme
law Of the land, declares, as before stated
that the inhabi shall be maintained
and protected in the free enjoyment of
their liberty and property, and secured in
the free exercise of :her religion. It will,
of course, be the Presidents duty to see
that the law is sustained; and the pfotec
ton which it guarantees made effectual-
| and this is the plain and open part of ex-
ecutive duty, in which ne proposes to
tread
| Other transactions of very grave
character, are alluded to, and reclted in
| your Excelency's letter. To those trans
actions, I am now directed, not more
! particularly to advert besides, the only
questions propounded by you, respect the
authority under which Col. Monroe acted
and the approval or disapproval of his
proclamation. Your Excellency's COM
munication and the answer will be I'M
| mediately laid before Congress, and the
President will take that occasion TO bnng
to its notice the transactions alluded TO
above.
It is known, however, to your Excel
lency, that the questions growing out OF
the acquisitions of California and New
Mexico. and among them the highly
important one of the boundary of Tex
as, have steadily engaged the atten-
| ton of both Houses OF Congress for
| many months, and still engage 1t. with
intense interest 1t is understood that
the Legislature of Texas will be shortly
| in session, and will have the boundary
| question before 1t.
II is delicate crisis in our public
AFFAIRS not free certainly from possible
| dangers, but let us confidently trust that
| Justice, moderation, patriotism, and the