Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1850-08-21

ed ana protected IN the tree enjoyment Ol
their liberty and property. and secured in
the free exercise of their religion without
restriction" Thus it will be perceived
tha: the authority of the United States
over New Mexico was the result of con-
quest; and the possession held of it. in
the first place. was of course a military
possession. The treaty added the title
by cession TO the already existing title BY
successful achievements in arms. With
the peace. there arose a natural eNpecta-
ton. that, as early as possible there
would come a civil government TO super
sede the military. But until some such
form OF government should come into ex-
istence. 1t was a matter of absolute neces-
slty that the military government should
continue, as otherwise the country must
fall into absolute anarchy. And this has
been the course generally, in the practice
of civilized nations. when colonies or ter
rtories have been acquired by war. and
their acquisition confirmed bv treaty.
Ihe military government. therefore, ex-
isting in New Mexico at the date of the
order existed there of inevitable neccs-
sltv. 1t existed as much against the will
OF the Executive Government of the Uni
ted States. as against the Will of the peo-
pie. The late President had adopted the
opinion. that it was justifiable in the peo-
pie of the Territory. under the circum-
stances. to form constitution Of govern.
men:. without any previous authority con-
tered by Congress. and thereupon to ap-
ply tor admission into the Union 1t was
under this state Of things, and under the
influence of these opinions. that the or
der of the 10Th November last was given.
and executed in the manner we have
seen. The order indicates no boundary,
and defines no territory, except bv the
name of New Mexico; and so far as that
indicated anything. it referred to known
territory. which had been organized un-
der military authority. approved bv the
Executive, and left without remonstrance
or alteration by Congress for more than
three years. 1t appears to the President.
that such an order could not have been
intended to invade the rights of Texas.
Secondly. you ask whether the procla.
nation of Col. Monroe meets with the an
proval OF the President of the United
Statesl
10 determine this question. it is nee
essarv to look at the Object of the procla-
nation. and the effect of the proceedings
had under it. If the object was to assume
the authority to settle the disputed boun-
Diary with Texas, then the President has
no hesitation IN saying such object does
not meet his appreciation. because he does
not believe that the Executive branch of
this Government. or the inhabitants of
New Mexico. or both combined. have
any constitutional power 10 settle that
question. That belongs either to the iu-
d1cIal department of the Federal Govern
ment or to the concurrent action bv the
agreement OF the legislative departments
OF the Governments of the United States
and Texas. But it has been sufficiently
shown that Colonel Monroe could have
had no such object, and that his intention
was merely to act in aid of the people in
forming a State Constitution to be sub.
mitted to Congress. Assuming then that
such constitution has been formed. what
is its effect upon the disputed boundary
If it compromiis the rights of either par
ty to that question, then it does not meet
the Presidents appreciation, for he deems
it his duty to leave the settlement of that
question to the tribunal to which it consti-
tutlonally belongs 1t is sufficient for him
that this boundary is in dispute That
the territory east of the Rio del Norte
seems to be claimed in good faith. both
by Texas and New Mexico. or rather BY
the United States. Whatever might be
his judgment in regard to their respective
rights, he has no power 10 decide upon
them. or even TO negotiate in regard to
taem; and therefore it would be improper
tor him to express any opinion. The
sublect-matter of dispute is between the
United States and Texas. and not between
the inhabitants of New Mexico and Tex
as. If these people should voluntarily
consent TO come under the jurisdiction Of
Texas. such consent would not bind the
l nited States or take away their title TO
the Territory. So. on the other hand, if
they should voluntarily claim the title of
the United States. it would not deprive
Texas Of her rights. whatever those rights
might be. They can only be affected bv
her own acts. or judicial decision The
State Constitution formed by New Mexico
can have no legal validity until it is rec
ognized and adopted by the law-makinc
power of the United States Until this is
done. II has no sanction. and can have no
effect upon the rights of Texas. or Of the
United States. TO the territory in dispute.
And il is not to be presumed that Con.
gress will ever give lis sanction to that
constitution without first providing for the
settlement of this boundary. Indeed, no
government. either Territorial or State.
can be formed for New Mexico without
providing for settling this boundary
Hence he regards the formation of this
State Constitution a mere nullitv 1t
may be regarded. indeed. as a petition to
Congress to be admitted as a State: but
until Congress shall grant the prayer of
such petition by legal enactmen,s, it af.
fects the rights OF neither party But as
il is the right of all to petition Congress
for any law which it may constitutionallv
pass. this people were in the exercise of
common right when they formed their
constitution. with a view of APPLYING to
Congress for admission as State: and as