The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-08-13

the militia. or 10 employ the military or ma
val force of the United States, or TO do both.
il in his Judgment the exigency of the occa-
sion shall so require, for the purpose of sup
pressing such combination, the constitutional
duty of the President is plain and percmp>
tory. The authority vested in him by law
for the performance of this duty is clear and
ample.
Texas, as n state, is authorized TO maintain
her own laws. so far as they are not repug
nant to the constitution, laws and treaties of
the United States, TO suppress nsurrection
against her authority, and TO punish those
who commit treason against the state, ac>
cording TO the forms provided by her own
constitution and her own laws. But this
power is local, and confined entirely within
the limits Of Texas herself. She can possi
bly, confer no authority which can be lawful
ly exercised beyond he. own boundary. All
this is plain, and hardly needs argument or
calculation. If Texan militia, therefore.
march into any one Of the other states, or
into any territory of the United States,
there to execute or enforce any law of Tex
as, they become at that moment trespassers
they are no longer under the projection
OF any lawful autl GRITTY, and are TO be re.
garded merely as iniruders; and if within
such state or territory they obstruct any law
of the United States, either by force of arms
or mere power Of numbers, CONSTITUTING such
a combination ms is too powerful to be sup
pressed by the civil authority, the President
of the United States has no oplion left 10
him, but is bourd TO obey the solemn %iniunc-
tions Of the Constitution, and exercise the
high powers vested in him by that instru-
ment and by the acts of Congress. Or. if
any civil posse, armed or unarmed, enter in
tc any territory Of the United States under
the protection of the laws thereof. with the
intention TO seize individuals to be carried
elsewhere for trial, for alleged offences. and
this posse be too powerful TO be resisted bv
the local and civil authorities, such seizure.
or attempt to seize, is TO be prevented or
resisted by the authorities of the United
States.
The grave and important question now A..
rises, whether there be IN the Territory of
New Mexico any existing law of the United
States, opposition to which, or obstruction of
which, would constitute a cause calling for
the l%nterposition of the authority vested in
the President. The Constitution of the Uni
ted States declares that the Constitution and
Laws of the United States, which shall be
made in pursuance thereof, and all the ,rea-
lies made, OF which shall oe made under the
authority of the United States, and If any
treaty stipulation be in force therein, such
treaty stipulation is the supreme law of the
land, and is TO be maintained and upheld.
and accordingly, in the letter to the Gov
ernor oil Texas. my reasons are given for
believing that New Mexico is now a terri.
tory of the United States, with the same cx-
tent and the same boundaries which belong
ed TO II in the actual possession of the Re
public OF Mexico, and before the late war.
In the early part of that war both California
and New Mexico were conquered by the
arms of the United States, and were in the
military possession OF the United States at
the date of The treaty of peace. BY that
treaty. the title by conquest was confirmed.
and these territories, provinces or depart
mem's, separated from Mexico forever F; and
by the same treaty, certain important rights
and securities were solcmnly guaranteed 10
The inhabitants residing therein. BY the
hiIh article of the treaty, it is declared, that
he boundary line between the two Repub.
lies shall commence in the Gulf of Mexico.
three leagues from land opposite the mouth
OF Tie no Grancc. otherwise called the Rio
Bravo del Norte, or opposite the mouth Of
ITS deepest branch, if it should make more
than one branch, emptying directly into the
sea: from thence up the middle of that riv.
er,foilowin1 the deepest channel where it has
more than one, 10 the point where it strikes
Tho southern boundary of New Mexico
thence westwardly along the whole southern
boundary Of New Mexico, which runs north
of the town called Paso, to It's western
termination thence westward along
the western line of New Mexico, until it in.
t%crsccts the first branch of the river ella, or
II 1t should not intersect any branch Of that
river, then TO the point on the said line near
est TO such branch, and thence in a direct
line to the same thence down the middle
of said branch and of the said river until it
cmpiies into the Rio Colorado; thence a.
cross the Colorado, following the division
line between Upper and Lower California,
to The Pacific Ocean"
The sth Article of the Treaty is in the
following terms: "The Inhabitants of Mex.
lean origin now established in territories
previously belonging TO Mexico, and who
remain for the future within the limits OF
the United States, shall be free to continue
where they now reside, or 10 remove at any
time TO the Mexican Republic, retaining the
property which they possess ia The said ter
rltory, or disposing thereof and removing
the proceeds wherever they please, without
being subjected Oh this account to any con-
trlbution, taX, or charge whatever. Those
who shall prefer to remain in the said terri.
tories may either retain the title and rights
OF Mexican citizens, or acquire those of ci,i-
zens OF the United States; but they shall be
under obligation to make their election with
in one year from the date of the exchange
of notifications of this Treaty, and those who
shall remain in the said territories after the
expiration of that year without having de.
clared their intention TO retain the character
OF MeNicans, shall lie considered to have
elected to become citizens of the Uni
ted States in the said territories. Property
OF every kind now belonging TO Mexicans
not established there, shall be inviolate. The
present owners, their heirs, 4 MexicaLs who
may hereaite? acquire said property. by con.
tract, shall enjoy, with respect to it, guaran.
tees equally ample as if the same belonged
TO citizens of The United States"
The 9Th article of the Treaty is in these
words =" The Mcsicans who in the terri.
tories aforesaid shall not preserve the char.
acter Of citizens of the Mexican Republic
coniormably with what is stipulated in the
preceding article, shall be incorporated in.
to the Union Of the United States, and be
admitted at the proper time TO be judged Of
by the Congress of the United States, 10 the
enjoyment of all the rights of citizens of the
United States; according to the principle o
the Constitution, and in the meantime shall
be maintained and protected in the free en-,
joyment of their liberty and property, ant
secured in the free exercise of their religion
without restriction" 1t is plain, therefore, il
the face Of these treaty stipulations, that al