The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-07-30

A writer in the Louisville Journal, comment
ing upon the rumors of an intention on the part
of the State authorities of Texas to invade New
Mexico, calls attention to the tenth section of
the Constitution, which prohibits any State
from keeping troops or ships of war In time OF
peace; and from engaging III war, unless actu-
ally ncaded or in such imminent danger as will
not admit of delay. He says:
'Texas is about to raise troops in time Of peace,
and is about TO engage in war when she is not III
vaded or in imminent danger of invasion. know
that those who back Texas, right or wrong, would
claim that Texas has right to the civil jurisdiction
of part of New Mexico, and that she Is merely
calling out the posse coiats to enforce obedience
TO her laws, and that it is mere civil proceeding.
This is begging the entire question This is law
less and despotic assumption Of power, which would
make might and not right the arbiter OF disputed
claim. The fact that Texas never had possession
or jurisdiction New Mexico in any manner,
and that her claim to both possession and jursdic-
government of New Mexico, and disputed by the
people of other States interested in the public lands
should shame this pretence OF enforcing her right
full civil authority.
Suppose that Texas should d, clare that her just
boundary embraced Oregon, would her mere naked
declaration to that effect in her constitution,
authorize her to levy troops and wage a war for its
subsection? If Texas had at any prior time been
blance Of point TO those who uphold her; but she
did not acquire a claim by discovery, by conquest,
by treaty, or possession, any other title either
perfect or inchoate, which would authorize the as
sumption that her armed invasion is merely en-
forcement of her civil authority. | take it TO be
the duty of Congress TO act in this threatened
and that on the instant; and until Congress shall
il is the duty OF the President who has charge of
the faithful execution Of the laws TO in the de
iensive, and as a conservator OF the peace OF the
country to arrest all aggressors against the public
peace
GAS before stated, II is a violation Of the Consti-
tuition if any State shall, without the consent of
Congress, keep troops, or engage in war, unless
actually invaded or in such imminent danger as
will not admit of delay; and Congress has power
20 call forth the militia, TO raise and support ar
miles, to execute the laws of the Union, suppress in
surrections, and repel invasons, &c. II the pro-
ceeding OF Texas 10 RAISE army TO conquer New
Mexico IN time OF peace, under all the fact OF
the case, is not an invasion and an instruction,
really am unable 20 find language by which il can
properly be characterized.
ut is the duty Of the President 10 sec the laws
faithfully executed, and il is his duty, the first
conservator Of the peace in this Union, 10 prevent
all awlcss invasons of the territories of the United
States, whether by foreign domestic foe, and
10 protect the possession and property of the United
States, and the people of the territories from all tres
passes, aggressions, and usurpations, whether by
the lawless OF our own a foreign land. This dis
tnction would bold through Difference to a soye-
reign State OF this Union, that the President should
act on the defensive, and further than 10 pre-
serve the peace, and that only i'm an emergency 50
pressing as To prevent and blOodshed, until
Congress should act in the matter. With a foreign
foe, who should march an army 10 take possession
Of New Mexico, under a claim like that now set up
by Texas, President of the United States would
be hootcd ut as craven coward II he did not al
once punish IL in the most exemplary manner
With sovereign State the President should act de-
iensyely, and by prevention, until Congress should
declare it's will De should act Az any civil ma Ris
tato would feel II hs duty and power ~ act 10 sep
arate armed citizens who were about 10 enter intC
furious combat /"