New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-08-07


possession OF the Republic Of Mexico ard hsi,,s
we Is'e war. In the early part of thst ,v.r 80
Cshornia and New-Mexico xera r.",-..S -
the United States and were in the nol;,.rs 80!
son Oh the nlted Sts.es at the date OF n. Trss.v
Of Peace. BY that treaty the tide hv s,r. -
COT hImed. aud these Territories. Pcovincs. =. n.
pariments separated from Mexico forever "a ~,
The same treaty certain important right, and en-
rites were sole muly guaranteed to the inhAbtsnt,
retidiT therein.
By the VIII article Of the Treaty, it is declsrsi
that the boundary line between the Two Rspablic,
shall commence j. the If Of Mexico, three L. Sxge.
from and, pposite the mouth Of the Rio GranSe
Otherwise called the RIO Bravo del Norte or oo
poste the mouth Of i,s deepest branch if Il sbond
make more than one branch emptying directly into
the thence up the middle Of that river folio "
ing the deepest channel, where il has more than
one, to the point where il strikes the sou hern
boundary Of New Mexico thence westward slong
the whole southern bour Diary ofNew- Mexico which
runs north Of the town called Psso 10 its western
boundary termin ati0D thence northward along the
western line Of New Mexico until il intersecss the
frat branch Of the river ella, il II should not in
tersect any branch Of tina. river then 70 The point
the Eeid line nearest TO such branch, and thence IN
a direct line to the same, thence down the middle
of said branch of the said river until il empties
into the Rio Colorado, thence across the Rio Colo
RADIO following the division line between Upper aad
Lower California to the Pacific Ocean.
The With article of the Treaty is in the fol.
lowing terms row established in territories
previously belonging to Mexico, and which re.
main for the future within the limits OF the
United States defnitively: "By the present
treaty, the inhabitants shall be free TO con.
tinue where they now reside, or TO remove at
any time to the Mexican Republic, retaining the
property which they possess in the said territory,
~ disposing thereof aud removing the proceeds
wherever they please without their being subject
cd n mt IN nv pfrih fau
charge whatever those who shall prefer to remain
in the said territories may either retain the title
and right of Mexican citizens or acquire those of
citizens Of the United States but they shall be
under obligation to make their election within one
year from the date Of the exchange of rat8cations
OF this treaty. and those who shall remain in the
said territories after the expiration 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 inviolably respected The present
owners the heirs of these and all Mexcans who
may hereafter acquire said property by contract
shall eDjoin with respect to it guarantees equally
ample, as if the same belonged to citizens Of the
United States"
The IXth Article Of the Treaty is in these words:
" The MexicaEs who, in the Territories aforesaid,
shall not preserve the character of citizens Of the
Me xican Republic, conformably with what is stip
ulsted in the preceding article, shall be incorpora-
ted into the Union Of the United States and be ad
mitted at the proper time, to be judged Of by the
Congress Of the United States to the enjoyment Of
all the rights Of citizens Of the United States, &c
cordiDg to the principle Of the Consultation and in
the mean time shall be maintained and protected in |
the free epjJy ment Of their liberty and property,
snd secured 10 the free exercise Of their relig IN
without restriction" Ii 10 plain therefore in the face
0f hes ST AT a Ia
tablsheo in Territories north east of the line OF
d. n srcation already mentioned, come within the
protection Of the lXth article, and that the Treaty.
being part Of the supreme law Of the laud, does
now extend over all such Mexicsus, and assures to
them perfect security in the free enjoyment of
their liberty and property, and ia the free exercise
Of their religion. And this supreme law OF the |
land thus in actual force this Territory, is to
be maintained until it shalI be displaced or super
seeded by other legal provisions, or is obs.rd5..eed
or resisted by combinations too powerful to be sup |
pressed by the civil authority. This case is one |
" hich comes within the provisions Of the law. aud
which obiiees the President to enforce these pro.
visions. N either the Constitution or the laws nor
ny duty, or my oath Of Office, leave me any alter
native or any choice Of my action.
The Executive Government i the u United States
1ss no power or authority to determine what was
he true line OF boundary between Mexico and the
United States, before the treaty OF Guadalupe
|
question has been a question between the State OF
Tex ss and the United States. So far as this boun
lary ia doubtful that doubt should be removed by
.One act Of Coz gress, TO which the assent of the
State of Texas may be necessary by some appro.
pirate mode Of legal adjudication; but in the mean.
ime, II cisturbancegor collision arise or should be
hrestened it is abso utely incumbent on the Elk
,cutive Government however painful the duty to
axe care the laws be faithfully maintained. He
'sD regard only the actual state Of things as it ex.
sed at the date Of the Treaty, and ia found TO pro
ect all inhabitants who were then established and
\ no now remain north and east Of the line Of
emsrcstion, in the full enjoyment OF their liberties
nd property, according to the provisions of the
X,h article Of the Treaty in other words, all
lust be now regarded as New Mexico which
ras posseised and occupied as New Mexico
y citizens Of New Mexico. at the date Of
he Treaty, until O definite line Of boundary
; all be established and by competent authority.
his asSertion of duty to protect the people Of New.
iexic0 from threatened violence or from seizure
1be carried into Texas for trial for alleged Of
,nces sgalnst Texas laws, does not at all include
ny claim of power on the part OF the Executive
establish any civil or military Government with
that Territory that power belongs exclusively |
!, the Legislative Department, nd CONGRESSES the
lie judge Of the time and manner Of creating or
any such Government; the duty
the Executive is only the execution OF laws and
10 vi bCtuhu1 III lOtCob
I'd the protection Of oil the people Of the new
.ates in the enjoyment of the rights which those
eaiies and laws guarantee. Ii is exceedingly
ssrabe that occasion should arise for the exer-
sc Of the powers thus vested in the President by
e Constitution and the laws, with Whatever
ildDess those powers might be executed, or, how
yer clear the case of necessity. YET consequent
. might, nevertheless follow, and of which
imam sagacity can foresee either the evils
the end. Having thus laid before Congress
e communication Of his Excelency the Gov.
Texas, and the answer thereto, ! have
ade such observations as | have thought the
cssion called for. Disputed Const utional obi.
ltions may arise 10 the future progress Of things
d may devolve on me duty to be performed. /
'pe shall not be regarded as stepping aside from
e line ofmy duty, uo.withstapdiogih hat amaw
at the subject is before both Houses. Iexpress
deep and earne st conviction Of the mpOrtance Of