Washington telegraph., 1850-09-04
Secretary of State.

HE TEXAS BOUNDARY QUESTION
Message Of tile Presideut-W have re-
ceived the special Message of Presiden.
Fillmore in regard to the boundary line
between New Mexico and Texas, COM
nlunicated to Congress on the 9th inst.
We are able to give the ccneluding
and most important paragraphs. He
says:
The Executive Government of the
United States has no power or authority
to determine what was the true line of
boundary between Mexico and the Uni
ted States before the treaty of Guada-
lupe Hedalgo, nor has 1t any such pow
er now, since the question has become a
the United States So far as the boun-
dary is doubtful, that doubt can only be
removed by some act of Congress, to
which the assent of TIE State Of Texas
may be necessary, or by some appropri-
ate mode of legal adjudication. but in the
meantime if disturbances or collision
arise or should be threatened, it is aoso-
lutely incumbent OH the Executive Gov
ernment, however painful the duty, TO
take care that the laws be faithfully
maintained; aud he can regard only the
actual state Of things as it existed at the
date of the treaty, and is bound to pro-
tect all inhabitants who were then estab-
lished aud who now remain north and
east OF the line of demarkation, in the
full enjoyment of their liberty and prop
erty according 10 the provisions of the
9th article of the treaty; in other words,
all must be now regarded as New Mexi-
co which was possessed and occupied as
New Mexico by citizens of Mexico at
the date of the treaty, until definite
line OF boundary shall be established by
competent authority. This assertion of
duty to protect the people OF New Mex
leo from threatened violence or from seiz-
ute, to be carried into Texas for trial for
alleged offences against Texan laws, does
not at all include any claim or power on
the part of the Executive to esta blish
any civil or military government within
that Territory. That poacer belongs ex-
ciusively to the legislative department,
and Congress is the sole Judge of the
time and manner of creating or author
lzing any such governments.
| hope | shall not be regarded as step
ping aside from the line of my duty, not
Withstandlng that am aware that the
express my deep and earnest conviction
of the importance Of an immediate de-
cision or arrangement, or settlement of
the question of boundary between Texas
and the territory of New Mexico. All
considerations of justice, general expedi-
ency, and domestic tranquility call for
this. 1t seems to be, in its character
and by position, the first, or one of the
first, OF the questions growing out of the
acquisition of California and New Mexi-
co, and now requiring decision.
No Government can be stablished
for New Mexico, either State or Territory,
until it shall be first aScertdined what
New Mexico is. and what are her limits
and boundaries. These cannot be fixed
or known till the line of division between
her and Texas shall be ascertained and
establlshed-and numerous and weighty
reasons conspire, in my judgement, to
show that this divisional line should be
established by Congress, with the ascent
of the Government Of Texas. In the
first place, this seems by far the most
prompt mode of proceedings by which
the end can be accomplished. If judicial
proceedings were resorted to, such pro-
ceedings would necessarily be slow, and
years would pass by, in all probability,
before the controversy could be ended.
So great delay in this case is to be
avoided, if possible. Such delay would
be every way inconvenient, and might be
the occasion of disturbances and collisions
For the same reasons | would, with the
utmost Difference to the wisdom Of Con-
gress, express a doubt Of the expediency
of the appointment OF Commissioners,
AMI of an examination, estimate, and an
award Of indemnity to be made by them.
This would be but a species of arbitra-
ton, which might last as long as suit
at law.
So far as am able to comprehend the
case, the general facts are all now known,
and Congress is as capable of deciding
on it, justly and properly now, as it pro-
badly would be after the report of the
Commissioners. If the claim Of the title
on the part of Texas appears to Congress
to be well founded, in whole or in part,
1t is in the competency of Congress to
offer her an indemnity for the surrender
of that claim. In a case like this. sur
rounded as it is, by many cogent con-
sderations, all calling for amicable ad-
iustment and immediate settlement, the
Government Of the United States would
be justified, in my opinion, to allow an
indemnity to Texas, not unreasonable and
extravagant, but fair. liberal, and award
ed in a just spirit of accommodation.
L think no event would be hailed with
more qualification by the people of the