The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1850-08-14
Message of the President of the United
States, on the Texas Boundary
Question.

l.
| herewith transmit to the two Houses of
Congress, letter from his Excellency. the
Governor of Texas, dated on the l4,h day oil
June last addressed to the late President of
he United States, which, not having been
answered by him, came into my hands on his
Heath; and also transmit copy of the an
swer which have felt it my duty 10 cause 10
be made 10 that communication.
Congress will perceive that the Governor
of Texas officially states that, by authority
of the Legislature OF that State, he dispatch
ed special commissioner, with full power
and instructions to extend the civil jurisdic-
ton of the State over the unorganZed
counties of FL Paso, Worth, Preside, and
Santa Fe, situated on the northwestern linn
its.
He proceeds to say that the commissioner
had re ported 10 him in an official form, that
the military officers employed in the service
of the United States, stationed at Santa he
lnterposed adversely, with the inhabitants.
to the fulfilment Of his object in favor of the
establishment of a separate State Govern
mcnt east ofthe Rio Grande. and within the
rightlul limits of the State Of Texas. These
four counties which Texas proposes 10 es-
iablish and organize, as beng within her
own jurisdiction extend over the whole OF
the territory east of the RIO Grande, which
has, heretofore, been regarded as an essential
and integral part OF the Department. of New
Mexico, and actually governed and possessed
by her people, until conquered and severed
frem the republic of New Mexico by the
American arms.
The Legislature Of Texas has been called
together by The Governor. for the purpose. as
is understood. Of maintaining her claim TO the
territory east of the Rio Grandc. and oil es-
Publishing over it her own jurisdiction and
her own laws by force.
These proceedings of Texas may well ar
rest the attention of all branches of the Gov
eminent Of the United States, and ! rejoice
that tley occur while our Congress IS yet in
session. Ii is. | fear, far from being improb-
able thar, in consequence Of these proceed
ines of Texas, q crisis may be brought on
which shall summon the two houses Of Con
gress-and still more omphatically the Exec
tive Government--to an immediate readiness
for the performance of their respective du
ties.
Bv the Constitution of the United States,
the President is constituted commander IN
Chief of the army and navy: and OF the mill
tia of the several States, when called luto
Tie actual service OF the u. States. The
Constitution declares ALSO that he shall take
care that the laws be faithfully executed, and
that he shall, from time To time, give TO the
Congress information Of the state Of the
UuiUn.
Congress has power, by the Constitution,
TO provide for calling forth the militia 10 exc
cute the laws of the Union; and suitable and
appropriate acts of Congress have been pas
sed, as well for providing for calling forth the
militia as for placing other suitable and ell
| ficenf means in the hands OF the President 10
enable him 10 discharge the constitutional
functions of his Office.
The second section of the act OF the twenty
eighth of February, seventeen hundred and
ninety five, declares, that, whenever the
laws OF the United States shall be opposed
or their execution Distracted, in any State,
by combinations too powerful TO be suppress
ell by tie ordinary course OF judicial pro-
ceedings, or the power vested IN the mar
shals, the President may call forth the mill
tia, so far as may be necessary. 10 suppress
such combinations, and to cause the laws 10
be duly executed.
BY the act OF March 3, 1907, it is provided
that in all cases of obstruction to The laws,
either of the United States or any individ
ual State or Territory, where it is lawful for
the President TO call forth the militia for the
purpose of causing the laws to be- duly exc
cuted, it shall be lawful for them to employ,
Tor the same purposes, such part OF the land
or naval force of the United STATES as shall
be Judged necessary.
These several cnactments are now in full
| force; so that If the laws of the United States
are opposed or Gbstructed, in any State or
Territory, by combinations too powerful 10
be suppressed by the judicial or civil author
tiles, it becomes case in which it is the duty
Of the President, either 20 call out the mill
tia or to employ the military and naval force
of the United States, or TO 90 both, if in his
judgement the exegency OF the occasion shall
so require, for the purpose Of suppresslng
such combination.
The constitutional duty of the President is
plain and percmptory; and the authority vest
cd in him by law, for its performance, clear
and ample.
Texas is State authorised TO maintain
hher own laws SO far rs the =, are not repug-
nant TO the Constitution laws and treaties OF
the United States; to suppress Instructions
against her authority; and TO punish those
who may commit treason against the State.
according to the forms provided by her own
constitution and her own laws.
But all this power is local. and confined
entirely within the limits of Texas herself
She can possibly confer no authority which
can be lawfully exercised beyond her own
boundaries.
All this is plain, and harlly needs argu-
mcht or calculation. II Texan militia. there
fore. march into any one of the other States,
or into amy territory of the United States,
there to execute or enforce any law of Texas.
they become at that moment trespasscrs !;
they are no longer uader the protection OF
any lawful authority, and are to be regarded
merely rs intruders; and fwithin such State
or territory thcyobslructany law ofthe United
States, either by power oIarms or mere pow
err of numbers, constituting such Il combina-