The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1850-08-17

any treaty stipulation be in force therein, such
treaty stipulation Is the supreme law Of the land
and is to be maintained and upheld accordingly.
| In the letter to the Governor Of Texas, my rca
sons are given for believing that New Mexico is
now territory Of the United States, with the
same extent and the same boundaries which be
longej TO II, while in actual possession Of thcRc
public of Mexico. and before the late war In the
early part Of the war, both California and New
Mexico were conquered by the arms ofths United
States and were IN the military possession of the
United States at the date of the treaty ofpoace
/ By that treaty, the title by conquest was con
timed and these territories, provinces or depart
ments separated from Mexico forever and by
the same treaty. certain important rights and
securities were s0lcmnly guaranteed 10 ihe nhab-
itants therein,
By the fifth article Of the treaty it is. declared
| that
The boundary between the two republics shall
commence IN the Gulf If Mexico, three leagues
/ from land opposite the mouth of the Rio Grande.
otherwise called the Rio Bravo del Nurtc ar OPP
po,c the mouth Of its deepest branch ii it should
have more than one branch, emptymg directly
into sea from thence up the middle Of that river,
following the deepest channel where 1t has more
chan one t. the point where 1t strikes the south
crn boundary uf New Mexico thence wcs,wardly
along the whole southern boundary of y. Mexico
(which runs north Of the town called Pdsob To its
western Termination thence nurthward along the
western line II New Mexico until il in,crScCts the
first branch of the river CHA, Tor II It should not
intrrSrct any branch Of that riyer then to the
point ON the said lue nearest to such branch and
/ thence IN direct lne Ia the salne , thence down
the middle of the said branch and OF the said river
J until it emptieS into tie Rio Colorado thence
across the kio Colorado, following the division
| line between Upper aud Lower California To the
1 Pacific ocean
J The Sth article Of the treaty is in .he iollowin,
tcrns-now established IN territories previously
/ belonging to Mexico and which remain for the fu
turc within the limits Of the United States def
nitcly "By the present treaty, the inhabitants
shall be free to continue whore they now reside
or to remove AZ anv time to the Mexican Rcpub-
lie retaining the property Which they possess in
the said territory. or dI>posing thereof and reno
wing the proceeds wherever they please without
their being subjected on this account to any con
tribution tax or charge whatever. those who
shall prefer 10 remain IN the sand territories may
either retain the title AMI right OF Mexican ,iti.
zens or acquire thoSe Of ctizcn- of the |. ),
But they shall be under obligation To make
their election within one year from the date Ut the
exchange of of notifications ot this treaty; and
those who shall remain IN the said territories af
ter the expiration ot that wear without having
declared their intention To- retain their character
Of MexcAns, shall be considered to have elected
to become citizens Of the United States an the
sand territories Property of every kind now be.
longing to MeN,cars no, established there shall
be nyolably respected The present owners,
the heirs OF these, and all McXicans who may
hereafter acquire said property by contracts, shall
cnloln with respect 10 its guarantees equally am
Pile as If the same belonged To citizens of the l.
States"
The IXth Article Of the treaty i. in these
words: Tho Mexicans who IN TIE Territories
aforesaid shall not preserve the character of Cit
zens Of the Mexican Republic, cunformably with
what Is stipulated in the preceding article, shall
be Incorporated into the Union Of the United
States and bc admitted at the proper time. to be
Judged Of bv the Congress Of the United States,
T. tho enjoyment Of all the rights OF citizens Of
the United States, according to the principles Of
the Constitution and IN the mean time shall be
maintained and protected IN the free enjoyment
Of TIER liberty and property and secured IN the
free exercise of their religion without restriction
II IS PLAIN therefore in the face Of these Treaty
stpulations, that all Mexicans established in Ter
ritories north or east Of the line Of Gemarcation
already mentioned, come within the protection Of
the INth article and that the treaty, being part
.
over all such Mcxicans, and assures to them per
feet security IN the free enjoyment Of their liberty
and property, and in the free exercise Of their
religion. And this supreme law Of the lah1 thus
m actual force over this Territory, is to 5c main.
taiucd until it shall be displaced or superseded
by other legal provisions, or Is obStructed or re
sisted by combinations too powerful ~ be sup
pressed by the civil authority. This case is one
which comes within the provisions Of the Law, and
which obligcs the President Ia enfore these pro
visions. Neither the Constitution nor the liNs,
'iur my duty CT my oath Of office leave me any
alternative or any choice Of my action.
I The Executive Government Of the United
States has no power or authority 10 determine
what was the true line If boundary between
Alevic0 Il tire United States before the treaty
| Of GuldMonpe lillalgo nor has It any such pow
er now, since the question has been n question be
tween the State of Texas and the United States.
80 far as this boundary is doubtful that doubt
should be- removed by some act Of Congress, Ia
which the assent Of the State uf Texas may be
necessary, by some appropriate mode of legal ad-
ludication; nut in The meantime. If disturbances
o. collision arise. or should be threatened 1t is
absolutely Incumbent on the Executive Govern.
ment, however painful tie duty, to take care the
laws be faithfully maintained He can regard
only the actual state Of things rs 1t existed az the
date Of Treaty, and is bound to protect all nhdb-
itants who were then established ard who now
remain north and east Of the line OF dcmarca;ion,
in the full enjoyment Of their liberties and proper
Ity according to the provisions Of the lXth article
Of the Treaty; in other words, all must be nov
regarded rs New Mcxicu. which was possessed
and occupied as New Mexico, bj citizens of New
Mexico at the date Of the Treaty, until definite
line Of boundary shall be- established and by
competent authority. THIS assertion of duty Ia
protect the people Of New Mexico from threatens
ed violence or from seizure to be carried into Tex
as for trial for aledgcd offences against Texas
laws, does not at all include any claim Of power
on the part Of the Executive to establish any civ.
il or military Government within that Territory
that power belongs exclusively to the Legislative
Department, and Congress is the sole Judge o
the time and manner Of creating or authorizing
any such Government; the duty Of the Execu
tive is only The execution of laws and the mamie
nance of treaties actually in force, and the pro
lection Of all the people of the new States il
the enjoyment of the rights which those treaties
and laws guarantee. Ii is exceedingly dcsirabl,
that no occasion should arise for the exercise Of
the powers thus vested in the President by the
Constitution and the laws, with whatever mild
ness those powers might be executed, or however
csnr tho # necessity Nat