Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-08-29

| 'helo aio>e d HdtuTdl expectation That, as
early as possible, there would come civil
government to supercede the military. But
until some such form of government shall
come into existence, it was matter of alb
solute necessity that the military govern
ment should continue, as otherwise the
country must fall into absolute anarchv.-
Ana this has been the course generally.
in the practice Of civilized nations, when
colonies or territories have been acquired
by war, and their acquisition confirmed
by treaty.
Inc military government, therefore.
existing IN New Mexico at the date of the
order, exist there oIineyitable necessity.
1t existed as much against the will of the
Executive Government Of the United
States, as against the will ofthe people.
The late President had adopted the opin-
ion, that it was justifable in the people of
the territory, under the circumstances, to
! form constitution of government, with
out amy previous authority conferred by
Congress, and therupon TO apply for ad-
mission into the Union. 1t was under
this state OF things, and under the infu-
ence OF these opinions, that the order of
the lNn November last was given. and
! executed in the manner we have seen.-
The order indicates no boundary, and de-
hnes no territory, except by the name Of
! New Mexico; and so far as that indicated
anything, it referred to known territory
Which had been organized under military
authority, approved by the Executive, and
lett without remon>trance or alteration by
Congress for more than three years. 1t
appears to tie President, that such an or
/ der could not have been intended TO invade
| the r igh,s of Texas.
Secondly, you ask whether the procla-
nation Of Col. Monroe meets with the ap-
proval OF the President of the Z. States?
10 determine this question, it is neces-
sary to look at the object of the proclama-
ton, and the effect of the proceedings had
under it. II the object was to assume the
authority to settle the disputed boundary
with Texas, then the President has no
hesitation in saying, such object does not
meet his appreciation, because he does not
believe that the Executive branch of this
government or the inhabitants OF New
Mexico, or both combined, have any con-
stltutional authority TO settle that question.
That belongs either TO the judicial depart
ment oIthe Federal Government, or to the
concurrent action by agreement of the
Legislative departments of the Govern
,nents of the United States and Texas. -
Bat it has been sufficiently shown tina,
! Colonel Monroe could have had no such
| object, and that his intention was merely
10 act in aid Of the people in forming a
! State constitution TO be submitted to Con.
gress.
Assuming then that such a constitution
has been formed, what is its effect upon
the disputed boundary? Ifi. compromits
the rights of either party 10 that question,
! then 1t does not meet the Presidents ap-
| probation, for he deems it his duty to
| leave the settlement OF that question to the
! tribunal to which it con>titnionally be-
longs. Ii is sufficient for him that this
boundary Is in dispute. That the terrific
ry east Of the Rio Del Norte seems to be
claimed in good faith, both by Texas and
New Mexico, or, rather by the United
States. Whatever might be his Judgment
in regard 10 their respective rights, he
has no power to decide upon them, or
even to negotiate in regard to them; and
therefore it would be inproper for him to
express any opinion. The subject matter
OF dispute is between the United States
and Texas, and not between the inhabi-
tants Of New Mexico and Texas.
| II these people should voluntarily con-
sent TO come under the Jurisdiction Of
| Texas, such consent would not bind the
United States, or take away their title to
the Territory. So, on the ether hand, if
they should voluntarily claim the title for
the United States, it would not deprive
! Texas of her rights, whatever those rig hts
might be. They can only be effected by
her own acts, or judicial decision. The
State constitution formed by New Mexico
can have no legal validity until it is re-
cognized and adopted by the law-making
power of the United States. Until that
is done it has no sanction, and can have
no effect upon the rights Of Texas, or Of
the United States, to the Territory in dis
pute. 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.
Indeed, no government, either terrific
rial or State, can he formed for New Mex
, leo without providing for settling th>
boundary. Hence he regards the torma-
ton of this State constitution as a mere
nu'lity. 1t may be regarded, indeed, as a
petition to Congress to be admitted as a
State but, until Congress shall grant the
prayer Of such petition, by legal enact
ments. it effects the rights of neither par
ty. But as it is, the right of all TO petit
ton Congress Tor any law which it may
consitutionally pass, this people were il
the exercise Of a common right when they
formed their constitution, with view Of
applying to Congress for admission as a
State and as he thinks the act can pre- IL
dice no one, he feels bound TO approve Of
the conduct Of Colonel Monroe, il issuing
the proclamation.
I 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 as
pect towards Texas or the claims Of Tex
as. The boundary between Texas and
New Mexico was known TO be dis pn'ed :;
and it was equally wei! known that the
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