The North-Carolina standard., 1850-08-21

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ulation be in force therein. such treaty sspsation is
and upheld accordingly.
In the letter to the Governor of Texas my reasons
are given for believing that New Mexico is now a
territory of the United States, with the same extent
the actual possession of the Republic of Mexico and
before the late In the early part of that war,
both California and New Mexico were conquered by
the of tho u. s. and were in the military pos
session Of the United States at the date of the treaty
Of peace.
and these territories, provinces, departments, sep
arate from Mexico forever, and by that same treaty
certain important rights and securities were solemnly
guaranteed to the inhabitants residing therein.
By the fifth article of the treaty it is declared,
that
"The boundary line between the two republics
shall commence in the Gulf of Mexico three leagues
from land opposite the mouth of the Rio Grande,
otherwise called the Rio Bravo del Norte, oppo-
site the mouth of its deepest branch, if it should have
sea- from thence up the middle of that river follow
ing the deepest channel where it has than one,
to the point where it strikes the southern boundary
Of New Mexico, thence westwardly along the whole
southern boundary of New Mexico, (which runs
north of the town called Paso) to its western term
New Mexico, until it intersects the first branch of
the river Gila, (or if it should not intersect any
branch of that river. then to the point the said line
nearest to such branch, and thence in direct line
the same) thence down the middle of the said branch
of the said river until it empties into the Rio Color
ado; thence across the Rio Colorado, following the
division line between Upper and Lower California
to the Pacific Ocean,"
The eight article Of the treaty is in the following
terms:
"Mexicans now established in Territories previous
ly belonging to Mexico, and which remain for the
future within the limit of the United States, den-
ed by the present treaty, shall be free to continue
where they now reside, or to remove at any time to
the Mexican Republic, retaining the property which
they possess in the said Territories, dsposing there
of, and removing the proceeds wherever they please
without their being subjected this account to any
contribution, tax, or charge whatever.
'Those who shall prefer to remain in the said Ter
rores may either retain the title and rights of Mex
ican citizens or acquire those of citizens Of the United
States. But they shall be under the obligation to
make their election within year from the date of
the exchange of ratification of this treaty; and those
who shall remain in the said Territories after the
piraton Of that year, without having declared their
intention to retain the character of Mexicans, shall be
considered to have elected to become citizens of the
United States.
'In the said Territories, property of every kind,
now belonging to Mexicans not established there.
shall be inviolaby respected. The present owners,
the heirs of these, and all the Mexisans who may
hereafter acquire said property by contract. shall en-
joy with respect to it guarantees equally ample if
the same belonged to the citizens of the United
States"
The ninth article of the treaty is in these words:
''The Mexicans who, in the Territories aforesaid,
shall not preserve the character of the citizens of the
Mexican Republic, comformably with what is stipu-
lated in the receeding article shall be incorporated
into the Union of the United States, and be admitted
at the proper time Ito be adjudged by the Congress
of the United States) to 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
oyment of their liberty and property. and secured in
tion.''
1t is plain, therefore, the face of these treaty
that all Mexicans established in terrific
res north east of the line Of demarcation already
mentioned, come within the protection of the ninth
article; and that the treaty, being part of the
preme law of the land, does extend over all such
Mexicans and to them perfect security in the
free enjoyment Of their liberty and property, well
in the free exercise of their religion; and this
preme law Of the land being thus in actual force over
displaced or superseded by other legal provisions
and if it be obstructed resisted by combinations
too powerful to be suppressed by the civil authority,
the case is which comes within the provisions of
law. and which obliges the President to enforce
these provisions. Neither the Constitution or the
laws, my duty my oath of Office, leave me any
alternative, or any choice, in my mode of action.
The Executive Government of the United States
has no power or authority to determine what was the
true line of boundary of the United States before the
treaty Guadalupe Hidago, nor has it any such pow
er, since the question has become question be-
tween the State of Texas and the United States. So
far as this boundary is Doubtful that doubt only
be removed by some act of Congress, to which the
assent of the State of Texas may be necessary or by
appropriate mode of legal adjudication; but in the
mean time if disturbances collisions arise or should
be threatened, it is absolutely incumbent on the Ex-
ecutive Government, however painful the duty, to
take care that the laws be faithfully maintained; and
he can regard only the actual of things it
listed at the date of the treaty, and Is bound to protect
all inhabitants who were then established and who
now remain north and east Of the line of demarcation,
in the full enjoyment of their liberty and property
cordng to the provisions of the ninth article of the
treaty in other words, all must be regarded New
Mexico which possessed and occupied as New Mexico
by the citizens Of Mexico at the date of treaty until
definite line Of boundary shall be established by COM
the people of New Mexico from threatened violence
from seizure, to he carried into Texas for trial for
alleged offences against Texan laws, does not at all
include any claim Of power the part Of the Execu
tive to establish any civil military government
within that Territory. That power belongs exclu-
sivey to the Legislative department, and Congress is
the sole Judge Of the time and manner Of creating
authorizing any such governments.
The duty of the Excessive extends to the execu-
ton of laws and the maintenance of treaties actually
force. and protection of all the people of the Unit
ed States in the enjoyment Of the rights which those
| treaties and laws guaranty.
1t is exceedingly desirable that no occasion should
arise for the exercise of the powers thus vested in
the President by the Constitution and the laws
With whatever mildness those powers might be ex-
ecuted or however clear the Of necessity. yet
consequences might nevertheless follow, of which
no human sagacity can orsee either the evils or the
u.v;n. si.nn l.;d hafnna Conoress the commnnica.