The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1850-08-10


a Territory oftAe United States, with the same ex-
tent and the same boundaries which belonged to 1t
while in the actual possession of the Republic of
Mexico, and bdore the late war. In the early part
of that war, both California and New Mexico were
conquered by be arms of the United States, and
were in the military possession Of the United States
at the date of the treaty peace.
BY that treaty the title by conquest was confirm
ed and these TERRITORIES Provinces, or Departments,
separated from Mexico forever; and by the same
treaty certain important rights and securities were
soemnly guaranteed to the inhabitants residing
therein.
BY the fifth article of the treaty it is declared,
that
"The boundary line between the two Republics
shall commence in the Gulf of Mexico, three
leagues from land, opposite the mouth Of the Rio
Grande, otherwise called the Rio Bravo del Norte,
or opposite the mouth of its deepest branch if it
should have more than one branch, employing direct
ly into the sea from thence up the middle of that
river, following tie deepest channel where it has
more than one to the point where it strikes the
southern boundary of New Mexico; thence west
wardly along tile whole southern boundary OF New
Mexico, (Which runs north of the town called PGSO,)
to Its western termination; thence northward along
the western line of New Mexico, until it ntersects
the first branchof the river, Ga Tor should not
nersect any branch of that river, then to the point
on the said line nearest TO such branch, and thence
in direct line TO the same;) thence down the mid
die of the said branch and of the said river until it
empties into the Rio Colorado; thence across the
Rio Colorado; following the division line between
Upper and Lower California to the Pacific ocean. -
The eighth Article of the treaty is in the following
terms:
'Mexicans now established in Territories pre-
viously belonging to Mexico, and which remain for
the future within the limits of the United States, as
defined by the present treaty. shall be free to contin-
ue where they now reside, or to remove at any time
to the Mexican Republic, retaining the property
which they possess in the said Territories, dispo-
sing thereof, and removing the proceeds wherever
they please, without their being subjected, on this
nccount, to any contribution, tax, charge what
ever.
"Those who shall prefer to remain in the said
Territories may either retain the title and rights o.
Mexican citizens acquire those of citizens of the
United States But they shall be under the obliga-
ton to make their election within year from the
date Of the exchange of notifications of this treaty
and those who shall remain in the said Territories
after the expiration Of that year, without having de
clared their intention to retain the character of Nexi
cans, shall be considered to have elected to become
citizens OF the United States.
Gin the said Territories property of every kind
INV UcAOhSinS W tOI csldUllSIlSu IUeIe
shall be inviolably respected. The present owners
the heirs of these, and all Mexicans who may here
after acquire said property by contract, shall enjo
with respect to 1t, guarantees equally ample as if tn
same belonged to citizens of the United States
The ninth article of the treaty is in these words
s'The Mexicans who, In the territories aforesaid
shall not preserve the character of citizeus of tn
Mexican Republic, conformably with what's stipula
ted in the preceding article, shall be incorporate
into the Union of the United States, and be admitte
at the proper time Ito be Judged of by the Congress
Of the United States) TO the enjoyment Of all tn
rights Of citizens of the United States, according
the principles of the Constitution; and in the meal
time shall be maintained and protected in the fire.
enjoyment of their liberty and property, and secures
in the free exercise Of their religion without restrc
tion.'' EsF
1t is plain, therefore, on the face of these treat
spulations, that all Mexicans established in terrific
res north east of the line of demarkation alread
mentioned, come within the protection of the mint
article; and that the treaty, being part the su
| preme law of the land, does extend over all sue
| Mexicans, and assures to them perfect security
the free enjoyment of their liberty and property,
well in the free exercise Of their religion; and th
supreme law of the land being thus in actual fore
over this territory, is to be maintained until it sha
be displacedo or superseded by other legal provisions
and if it be cbstructed or resisted by combination
too powerful to be suppressed by the civil authority
the case is one which comes within the provisions {
law, and which obliges the President TO enforc
these provisions. Neither the Constitution moi tn
laws, nor my duty my oath Of office, leave me an
alternative, CT any choice, in my mode of &C
| ton. -lsa.
The Executive Government of the United State
has no power or authority to determine what wa
the true line of boundary between Mexico and tn
United Suites before the treaty of Guadalupe Hidal
| go, has it any such power now, since the questio
has become question between the State ofTexa
and the United States So far as this boundary
doubtful, that doubt can only be removed by som
act of Congress, TO which the assent of the State
Texas may be necessary, or by some appropriat
mode oflegal adjudication; but in the mean time
disturbances or collisions arise or should be threaten
ed, 1t Is absolutely incumbent on the Executive Gov
eminent, however painful the duty to take care tha
the laws be faithfully maintained and he can regar,
only the actual state of things as it existed at tb
date OF the treaty, and is bound to protect all nhab
Itants who were then esta bIished and who now re
man north and east of the line of demarkaton in IN
iuil enjoyment OF their liberty and property, accord
ing to the provisions Of the 9th Article of the
IN other words, all must be now regarded as Me-,
Mexico which was possessed and occupied as Ne,,
Mexico by citizens of Mexico at the date of treaty
until definite line Of boundary shall be estabshe,
by competent authority
1hisassertion ofduty to protect the people of New
Mexico from threatened violence or from seiznre !,
be carried into Texas for trial for alleged offanco
against Texan laws, does not at all include any cl;
OF power on the part ofthe Executives establish on
clyil or military government within that Territory
mat poref belongs exclusively to the legislative de-
partment, and Congress is the sole Judge of the tim