The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1850-08-13

SullHeSScu ny LNt CtSI dutiOlilys tuc CaSS 10
one which comes within the provisions Of the
law, which obliges the President to enforce
these provisions Neither the constitution nor
the laws, nor my duty, nor my oath of office,
leaves me any alternative, or any choice in my
mode OF action.
The Executive Government of the U. States
has no power or authority to determine what
was the true line of boundary between Mexico
and the United States before tie treaty of
Guadaloupe Hi,!algo, nor has if any such pow
or now, since question has become Il question
So far us this boundary is doubtful, that doubt
can only he removed by some act Of Congress,
to which the assent of the State Of Texas may
be necessary or by some appropriate mode OF
legal adjudication; but in tic meantime, ii dis
turbanccs or collisions arise, or should be
threatened, it is absolutely incumbent on the
Executive Government, however painful the
duty, to take care that the laws be tath!ully
maintained; and he can regard only the state
Of things as it existed 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 dcmarkatlDn, i'll
the full enjoyment OF their liberty and property
according to the provisions of the ninth article
oil, the treaty: in other words, all must now be
regarded as New Mexico. which was possess
ed and occupied as New Mexico by citizens of
Mexico at tic date of the said treaty, until a
definite boundary line shall be established by
competent authority. This assertion Of duty to
protect the citizens of New Mexico from threa-
tened violence, or from seizure, to BE- carried
into Texas for trial for alledged oliences against
Texan laws, does not at all include any claim
to power on the part Of the Executive to estab-
lisil any civil or military government within
that territory. That poarer belongs exclusive
ly to the Legislative department, and Congress
is the sole Judge Of the time and manner ot ere.
ating or authorizing any such government
The duty of the Executive cXtchds onl y to- the
execution oflaws and the maintenance oftreatIes
actually in force, and the protection of all the
people of the United States in the enjoyment
of the rights which those treaties and laws guar
antce.
1t is exceedingly desirable that no occasion
should arise for the exercise of the powers thus
vested in the President by the Constitution and
thelaws With whatever mil'lncss those powers
might be executed, or however clear the case of
necessity, yet consequences might nevertheless
follow, OF which no human sagacity can foresee
either the evils or the end.
Having thus laid before Congress the commu-
nication of His Excellency the Governcf Of Tex
as, and the answer thereto, and having made
such observation as have thought the occasion
called for respecting constitutional obligations
which may arise in the further progress OF things,
and may dcvolve on me to be perfOrmcd,l nope l
shall not be regarded as stepping aside from the
line of my duty notwithstanding that am aware
that the subject is now before both Houses, if l
express my deep and earnest conviction of the
Importance of All immediate decision or ar
rangement, or settlement of the question OF
boundary between Texas and New Mexico
All considerations OF justice, general expedien-
cy, and domestic quiet call for this. 1t seems
to be, in its character and by position, the first,
or one of the first, of the questions growing out
of the acquisition of California and New Mexi-
CO, and now requiring decision.
No government can be established for New
Mexico, either State or Territory, until it shall
be first asccrta.. I'D what New Mexico is, and
what are her limits and boundaries. These
cannot be fixed or known, till the line o.! ,livis-
sion between her and Texas shall be ascertain
ed and cstablished-aud numerous and weigh
ty reasons conspirc, in my Judgment, to show
that this divisional line should be established
by Congress witt: the assent of the government
of Texas. In the first place, this seems BY far
the most prompt mode Of proceeding, by which
the end eau bs accomplished. If Judicial pro-
ceedngs were rcsortcd to, such proceedings
would necessarily be slow, and years would
pass by, in all PROBABILITY, before the coatrover.
sy could be ended SO great delay i'll this
case, is to be avoided if possible. Such delay
would be in every way inconvcnicnt, and might
be- the occasion of disturbances and collisions.
For the same reason, would, with the utmost
Difference to the wisdom of Congress, express
a doubt Of the cxpediency ofthe appointment Of
commissioners, and OF an examination, estimate
and IN award of indemnity to dc made by
them. This would be but Il species of arbi-
tration that might last as long as Il suit at law.
So far as am able to comprehend the case,
the general facts are now all well known, and
Congress is as capable OF deciding on it, justly
and properly now, as it probably would be at.
ter the report of Commissioners. If the claim
of title on the part of Texas appears to Con-
gress to well founded in whole or in part, it is
in the competency of Congress to offer her
an indemnity for the surrender of that claim.
In Il case like this, surrounded rs it is, by ma
| ,,,, .ll nullinr for