Newspapers / The Raleigh Register (Raleigh, … / Aug. 14, 1850, edition 1 / Page 2
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v turn :M&stw - The; President's Message. TDE TEXAIf Dll? FICULTF. TAHlrrTEX'AcrsT 6(h, 1850. 7b tAe.Serwk snd House of Reprttentatues. I herewith transmit to the two Houses of Congress a letter from . his Excellence the Governor of Texas, dated on the 14th day of June last, addressed to the late President of the United States, which not having been answered by him, came to my hands on his death; and I also transmit a copy of the an swer which I felt it tobe ray duty to cause to "be made (o that communication. Congress will perceive that the Governor of Texas officially states, that by authority ' of the" Legislature of that State he despatch ed a special commissioner, with full power and instructions to extend the civil jurisdic tion of the State over the unorganized coun ties of El Paso, Worth, Presidio, and Santa Fe, situated on iU northwestern limits. He proceeds to say, that the Commission er had reported to hira, in an official iorm, that the military officers erapToyed in the service of the United States, stationed at San ta Fe, interposed adversely, with the inhab- tants, to the fulfillment of his object, in fa vor of the establishment of a separate State government, east of the Rio Grande, and with- , in the rightful limits of the State of Texas. These four counties which Texas proposes to establish and organize, as being: within her own jurisdiction, extend over the whole of the Territory east of the Rio Grande, which has heretofore been regarded as an essential and integral part of the department of New Mexico, and actually govern an po by her people, until conquered and severed from the republic of Mexico by the Ameri can arms. The Legislature of Texas has been called together by the Governor, for the purpose, as is understood, of maintaining: her claim to the territory east of the Rio Grande, and of establishing over it her own jurisdiction and her.oWn laws, by force. These proceedings of Texas may well ar rest the attention of all the branches of the Government of the United States, and I re joice that they may occur while the Congress is yet in session. It is, I fear, far from be being impossible that, in consequence of ' these proceedings of Texas, a crisis may be brought on which shall summon the two Houses of Congress and still more emphat ically the Executive Government to an im mediate readiness for the performance of their respective duties. By the Constitution of the United States, the President is constituted commander-in- chi&f of Ihfi army tmd Navy, m.nt of the mi litia of the several States, .when called into the actual service of the United States. The - Constitution declares also, that he shall take care the laws be faithfully executed, and that he shall, from time to time, give to the Con- . gress information of the state of the Union. Congress has power by the Constitution to provide for calling forth the militia to exe cute the laws of the Union; and suitable . appropriate acts of Congress have been pas sed, as well for providing for calling forth the-militia, as for placing other suitable J&hd efficient means in the bands of the Pres- idenf, to enable him to discharge the consti tutional functions of his office. The second section of the act of the twenty-eighth of February, seventeen hundred and binety-fivc, declares that whenever the laws of the United States shall be opposed, .orlheir execution obstructed, in any State, by combinations too powerful to be suppres sed by the ordinary course of judicial pro ceedings, or the power vested in the mar , shals, the President may call forth the mil itia, so far as may be necessary, to suppress - such combinations, and to cause the laws to be duly executed. By the act of March 3, 1S07, it is provid ed that in all cases of obstruction to the laws, either of the United States or any individu al. State or Territory, where it is lawful for the President to call forth the militia for the puroose of causing the laws to be duly executed, it shall be lawful for him to em ploy, for the same purposes, such part of the land or naval force of the United States as shall be judged necessary. These several enactments are now in full force ; so that if the latfi of the United States are opposed or obstructed.in any States or Territory, by combinations too powerful to be suppressed by the judicial or civil au thorities, it becomes a case in w hich it is the duty of the President, either to call out the militia or to employ the military and naval force of the United States, or to do both, if in his judgment the exigency of the occa sion shall so require, for the purpose of sup pressing such combination. The constitutional duty of the President is plain and peremptory; and the authority vested in him by law, for its performance, clear, and ample. Texas is a State authorized to maintain her own laws so far as they are not repugnant to the Constitution, laws and treaties of the the United States, to suppress insurrections against her authority, and to punish those who may commit treason against the State according to the forms provided by her own constitution and her own laws. But all this power is local; and confined entirely within the limits of Texas herself. She can possibly confer no authority which can be lawfully exercised beyond, her own boundaries. All this is plain, and hardlr needs argu ment or elucidation. If Texan militia, there fore, march into any one of the other States, or into any territory of the United States, there to execute orinforce any law of Tex as, they become at that moment trespassers ; they are no longer under the. protection of any lawful authority, and are to be regarded merely as intruders ; and if within such State or territory they obstruct any law of the United States, either by power of arms or mere power of numbers,, constituting such a combination as is too- powerful to be sup pressed by the civil authority, the President " of the United States has no option " left to him, but is bound to obey the solemn injunc tionof the Constitution, and exercise the high powers vested in him by that instru ment, and by the acts of Congress. Or, if any civil posse, armed or nnarmed enter into any Territory of the United States under the protection of the laws thereof, with intent to seize individuals to be earned else where for trial for alleged offences, and this posse be too powerful to be resisted by the local and civil authorities, such seizure, or auerapt to seize, is to be prevented or resis oy me authority of the United Stale. ine grave and important question now arises, whether fW. k. ;n ih VTmiHnr W New Mexico any existing law of the United Z " "f 1 T",uon lo which, or the obstruc tlOn Ol Which. UrrmlA - ..:... : 1.1 The Constitution of the United States de clares. that "this Constitution, and the laws of the United States which shall be made in pursuance thereof, and all the treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land." If, therefore, New Mexi co be a Territory of the United States, and if any treaty stipulation be in force therein, such treaty stipulation is the supreme law of the land, and is to be maintained and up held accordingly. In the letter to the Governor of 1 exas, my reasons are given for believing that New Mexico is now a Territory ol the united States, with the tame extent and the same boundaries which belonged to it, while tn the actual possession of the Republic of Mexi co, and before the late war. In the early part of that war, both California and New Mexico were conquered by the arms of the United States at the date of the treaty of peace. By that treaty the title by conquest was confirmed, and these territories, provinces, or departments, separated from Mexico for ever ; and by the same treaty certain impor tant rights and securities were solemnly guar antied to the inhabitants residing therein. By the fifth article of the treaty it is de clared, that The boundary line between the two re publics shall commence in the Gulf of Mexi co, 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, emptying directly into the sea ; from thence up the middle of that river, following the deepest channel where it has more than one, to the point uh, it lr'tUo the southern boundary Of New Mexico, thence westwardly along the whole southern boundary of New Mexico, (which runs north of the town called Paso,) to its western termination ; thence north ward along the western line of New Mexico, until it intersects the first branch of the river Gila, (or if it should not intersect any branch of that river, then to the point on the said line nearest to such branch, and thence in a direct line to the same ;) thence down the middle 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 Cal ifornia to the Pacific ocean." The eighth article of the treaty is in the fol lowing terms : "Mexicans now established in Territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present trea ty, shall be free to continue where they now reside, or to remove at any time to the Mex- nm Republic, retaining the projen.v which they possess in the said Territories, or dis posing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribu tion, tax, or charge whatever. "Those who shall prefer to remain in the said Territories may either retain the title and rights of Mexican citizens or acquire those of citizens of the United States. But hey shalUbe under the obligation to make their election within one year from the date of the exchange of ratification of this treaty ; and those who shall remain in the said Ter ritories after the expiration of that year, with out having declared their intention to retain the character of Mexicans, shall be consid- red to have elected to become citizens of the United States. "In the said Territories, property of every ind, now belonging; to Mexicans not establ ished there, shall be inviolably respected. he present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy with res pect to it guarantees equally ample as if the same belonged to the citizens of the United States." The ninth article of the treaty is in these words : "The Mexicans who, in the Territories a- foresaid, shall not preserve the character of citizens of the Mexican Republic, comforma bly with what is stipulated in the preceding article, shall be incorporated into the United States, and be admitted at the proper time (to be judged of by the Congress of the U nited States) to the enjoyment of all the rights of citizens of the United States, ac cording to the principles of the Constitution: and in the mean time shall be maintained and protected in the free enjoyment of their iberty and property, and secured in the free exercise ol their religion, without restric tion." It is plain, therefore, on the face of these treaty stipulations, that all Mexicans estab- ished in territories north or east of the line, of demarcation already mentioned, come wiW- in the protection of the ninth article ; and that the treaty, being a part of the supreme law of the land, does extend over all such Mexicans, and assures to them perfect secu rity in the free enjoyment of their liberty and property, as well as in the free exercise of their religion ; and this supreme law of the land being thus in actual force over this Territory, is to be maintained until it shall be displaced or superseded by other legal provisions ; and if it be obstructed or resisted by combinations too powerful to be suppres sed by the civil authority, the case is one which comes within the provisions of law. and which obliges the President to enforce these provisions. Neither the Constitution or the laws, nor my duty or my oath of of fice, leave me any alternative, or any choice, in my mode of action. The Executive Government of the United States has no power or authority to determine wnat was tne true line ot boundary between Mex ico and the United States before the treatv of Gua dalupe Hidalgo, nor has it any such power now, since uie question nas oecome a question between the btate ot 1 exas and the United States. So far as this boundary is doubtful, that doubt can only be removed by some act of Congress, to which the assent of the State of Texas may be necessary. or ny some appropriate mode of legal adjudica tion ; but in the mean time if disturbances or col lisiong arise or should be threatened, it is absolute ly incumbent on the Executive Government, however painfal the duty, to take care that the bws 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 protect all in habitants who were then established, and who now remain north and east of the line of demar cation, in the full enjoyment of their liberty and property, according to the provisions of the 9th article of the treaty ; in other words, all must be now regarded as New Mexico which was Dosses- sed and occupied in New Mexico by citizens of Mexico ai ine oate oi me treaty, until a dehnite line of boundary shall be established by competent au thority. .This assertion of duty to protect the peo ple of New Mexico from threatened violence or from seizure, to be carried into- Texas for trial for alleged offences against Texan laws, does not at all include any claim of power on the part of the Executive to establish any civil or military gov ernment within that .Territory. That power be loncs exclusively tu the Wisla and Congress is ihe sole judge of the time and- " -ieawng or aainonzing any such gov ern men w. The duty of the Executive extends only to the execution of law and the maintenance of treaties actually in force, and the protection of all the peo ple of the United States in the enjoyment of the rights which those treaties and laws guaranty. It ia exceedingly desirable that no occasion, should arise for the exercise of the powers thus vested in the President by the Constitution and the laws. With whatever mildness those powers might be executed, or however clear the case of necessity, yet consequences might nevertheless follow, of which no human sagacity can foresee either the evils or the end. Having thus laid before Congress the commu nication of his Excellency, the Governor of Tex as, and the answer thereto, and having made such observations as I have thought the occasion called for respecting constitutional obligations which may arise, in the further progress of things, and may devolve on me to be performed, I hope I shall not be regarded as stepping aside from the line of my duty, notwithstanding that I am aware that the subject is now before both Houses, if I express my deep and earnest conviction of the importance of an immediate decision, or arrangement, or set tlement of the question of boundary between Tex as and the Territory of New Mexico. All con siderations of justice, general expediency, and do mestic tranquility, call for this. It seems to be, in its character and bv oosition. the first, or one of the first, of the quesuons growing out of the acquisition of California and New Mexico, and now requiring; decision. No government can be established for New Mexico, either State or Tenitory, until it shall be firsl ascertained 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 established and numerous and weighty reasons conspire, in my judgment, to show that this divisional line should be established by Congress, with the as sent of the government of Texas. In the first place, this seems by far the most prompt mode of proceeding, by which the end can be accomplish ed. If judicial proceedings were resorted to, such proceedings wwuhl necessarily be slow, and years would pass bf, in all probability, before the con troversy could be ended. So great a delay, in this case, is to be avoided it possible. Such de lay would be every way inconvenient, and might be the occasion of disturbances and collisions. For the same reason, I would, with the utmost deference to the wisdom of Congress, express a doubt of the expediency of the appointment of commissioners, and of an examination, estimate, and an award of indemnity to be made by them. This would be but a species of arbitration, which might last as long as a suit at law. !So far as I am able to comprehend the case, the general facts are now ail known, and Congress is as capable of deciding on it, justly and properly now, as it probably would be atter the report of the commissioners. If the claim ol titleon the part of Texas appears to Congress to be wtll founded, in whole or in part, it is in the competency of Congress to offer her an indemnity for the surren der of that claim. In a case like this, surround ed as it is by many cogent considerations, all cal ling for amicable adjustment aaJ immediate set tlement, the Government of the Uuited Slates would be justified, in my opinion, in allowing au indemnity to Texas, not reasonable aud extrava gant, but lair and liberal and awarded in a just spirit of accommodation. I think no event would be hailed with more graiiGcaiion, by the people of the United State?, than the amicable adjustment of questions ot dif ficulty which hare now, for a long lime, agitated the country, and occupied, to the exclusion ot other subjects, the time and attention, of Con gress. Having thus freely communicated the results of my own reflection, on the most advisable mode of adjusting the boundary question, I shall, nev ertheless, cheerfully acquiesce in any other mode which the wisdom of Congress may devise. And, in conclusion, I repeat my conviction, that every consideration of the public interest mani fests the necessity of a provision by Congress for the settlement ot this boundary question, before the present session be brought to a close. The settlement of other questions connected with the same subject, within the same period, is greatly to be desired ; but the adjustment of this appears, to me, to be in the highest degree important. In the train of such an adjustment, we may well hope that there will follow a return of harmony and good will, mm increased attachment to the Union, and the general satisfaction ot the coun try. MILLARD FILLMORE. VVashiicgtok, August 6, 1850. LETTER OF GOVERNOR BELL. Executive Department, Austin, Texas, June 14, 1&50. To his Excellency Z. Tavlor, President of the United Stales : Sir : By authority of the Legislature of Texas, the Executive of the State, in Febru ary last, despatched a special commissioner with full power and instructions to extend the civil jurisdiction of this State over the unorganized counties of El Paso, Worth, Presidio, and Santa Fe, situated upon its northwestern limits. That commissioner has reported to me, in an official form, that the military officers em ployed in the service of the United States, stationed at Santa Fe, interposed adversely with the inhabitants to the fulfilment of his object by employing their influence in fa vor of the establishment of a separate State Government, east of the Rio Grande, and within the rightful limits of the State of Tex as. I transmit to you, herewith, the procla mation of Col. John Munroe ; acting under the orders of the Government of the United States, under the designation of Civil and Military Governor of the Territory of New Mexico. I have very respectfully to request, that your Excellency will cause me to be inform ed, at your earliest possible convenience, whether or not this officer has acted in this matter under the orders of his Government, and whether his proclamation meets with the approval of the President of the United States. With assurances of distinguished conside ration, I have the honor to be your Excellen cy's most obedient servant, P. H. BELL. LETTER OF HON. DANIEL WEBSTER DEPARTMENT OF STATE. Washington, Augusts, 1850. lo as excellency F. H. Bell, Governor of lexas : Sir : A letter addressed by you to the late President of the United States, and dated on the 14th of June last, has since his lamented decease, been transferred to the hands of his successor, by whom I am directed to address you the following answer : In that letter you say. that bv lh anthm-Wv of the Legislature of Texas, the Executive of that sute, in ebruary last, despatched a special commissioner with full power and in structions to extend the civil jurisdiction of mat state over tne unorganized counties of JL.I raso, Worth, Presidio, and Santa Fe, sit uated upon its northwestern limits ; and that the Commissioner has reported to you in an official form, that the military officers em ployed in the service of the United States, stationed at Santa Fe, interposed adversely with the inhabitants to the fulfilment nf hi. object, by employing their influence in favor vi uic esiaDusnraent ot a separate State gov ernment east of the Rio Grande, and viihin the rightful limits of the State of Texas. You also transmit a copy of the proclamation of Col. John Munroe, acting under the or- aers ot the Government of the United States, under the designation of Civil and Military Governor of the territory of New Mexico, arid respectfully, request ,the President , to cause too to be Informed whether or not this officer has acted in this matter under the orders of his gorernment, and whether his proclamation meets with the approval of the President of the United States. In the events which have occurred, the President hardly knows whether your excel lency would naturally expect an answer to this letter from him. His predecessor in of fice, to whom it was addressed, and under whose authority and direction the proclama tion of Col. Munroe was issued, is no more, and at this time, that proclamation, whatever may be regarded : as it true character, has ceased to have inJLieott or effect. The meeting of the peofU'hf New, Mexico, by their representatives, "Which it,invited, is un derstood to have-Taken place; although this Government has ai yet received no official information of it. Partaking however, in the fullest degree, in that high respect which the Executive Government of the United States always en tertains towards the Governors and govern ments of the States, the President thinks it his duty, nevertheless, to manifest that feel ing of respect by acknowledging and answer ing your letter. And this duty, let me as sure your Excel'ency, has been so long de layed only by uncontrollable circumstances, and is now performed at the earliest practi cable moment, after the appointment ol those heads of departments, and their acceptance of office, with whom it is usual, on impor tant occasions, for the President of the Uni ted States to advise. In answer therefore to your first interroga tory, viz : whether Colonel Monroe, in issu ing the proclamation referred to. acted under the orders of this Government, the President directs me to stale, that Col. Monroe's pro clamation appears to have been issued in pursuance, or in consequence, of an order or letter of instructions, given by the late Sec retary of War, under the authority of the late President, to Lieutenant Colonel McCall. Of this order, which bears date on the 19th ol November, 1849, your Excellency was undoubtedly informed at the date of your letter. A full and accurate copy, however, is attached to mis communication, ioionei McCall is therein instructed, that if the peo ple of New Mexico, for whom Congress had provided no government, should manifest a wish to take an' steps to establish a govern ment for themselves, and apply for admission into the Union, it will be his duty, and the duty of others with whom he is associated, not to thwart, but to advance their wishes. This order does not appear to authorize any exercise of military authority, or of any offi cial or even persoual inteference to control, or affect in any way the primary action of the people, in the formation of a government, nor to permit any such interference by sub ordinate officers. Colonel McCall and his associates were not called upon to take a lead in any mea sure, or even to recommend anything as fit to be adopted by the people. Their whole duty was confined to what they might be a ble to perform, subordinate to the wishes of the people. In this matter it was evidently contemplated that they were to act as the agents of the inhabitants, and not as officers of this government. It must be recollected that the only government then existing in the territory was a quasi military govern ment, and as congress has made no provi sion for the establishment of any form of civ il government, and as the President doubt less believed that, under these circumstan ces, the peop'e had a right to frame a gov ernment for themselves, and submit it to Congress for its approval ; the order was a direction that the then sitting military gov ernment should not stand in the way of the accomplishment of the wishes of the people nor thwart those wishes, if the people enter tained them, for the establishment of a free, popular, republican, civil government, for their own protection and benefit. This is evidently the whole purpose and object of the orders The military officer in command, and his associates, and American citizens, acquaint ed with the forms of civil and popular pro ceedings, and it was expected that they would aid the inhabitants of the territory, by their advice and assistance in their proceedings for establishing a government of their own. There was no reason to suppose that Colonel Munroe, an officer as much distinguished for prudence and discretion, as for gallant conduct in arms, meant to act, or did other- ' wise than in entire subordination and sub- i serviency to the will of the people amongst ! whom he was placed. He was not authori zed to do, nor does the President understand him as intending to do anything whatever in his military character, nor to represent in any ay, the wishes of the Executive Gov ernment of the United States. To judge intelligently and fairly of these transactions, we must recall to our recollec tion the circumstances of the case as then existed. Previous to the war with Mexico, which commenced in May, 1846, and received the sanction of Congress on the 13th of that month, the Territory of New Mexico formed a Department or State of the Mexican Re public, and was governed by her laws. Gen. Kearney, acting under orders from this Government, invaded this department with an armed force ; the Governor fled at his approach, and the troops under his com mand dispersed, and Gen. Kearney entered Santa Fe, the capital, on the 18th of August 1846, and took possession of the territory in the name of the United States. On the 22nd ol that month he issued a proclama tion to the inhabitants, stating the fact that he had taken possession of Santa Fe, at the head of his troops, and announcing " his in tention to hold the department with its origi nal boundaries (on both sides of the Del Norte) and under the name of New Mexico." By that proclamation he promised to pro tect the inhabitants of New Mexico, in their person and property, against their Indian enemies and all others ; and assured them that the United States intended to provide them a free government, when the people would be called upon to exercise the rights of freemen in electing their own representa tives to the Territorial Legislature. On the same day he established a Territorial Consti tution by an organic law, which provided for executive, legislative, and judicial depart ments of the government defines! the right of suffrage, and provided for the trial by iu- . J 1 11 A , . .. . . - . ry aim ai uiuame urae established a code oi laws, iiws constitution declared that " the country heretofore known as New Mex ico, shall be known hereafter and designated as the territory of New Mexico, in th Uni ted States of America," and the members of tne lower house of the legislature were ap portioned among the counties established by the decree of the department of New Mexi co, of June 17, 1844, which counties, it is understood, included all the territory over which Texas has lately attempted to estab- " u. own junfaicuon. On the 23d of December, lg47, a copy of iu inn.t;tutioTi and code' w transmitted by President Polk to the House of Repre sentatives, in pursuance of a call on him by that body. ' In the message transmitting the constitution, he says, that " portions of it pur purport to establish and organize a perma nent territorial government over the territo ry and to impart to its inhabitants political rights which under the constitution of the United States can be enjoyed. These have not been approved and recognised by me. Such organized regulations as have been established in any of the conquered ler ritories for the security of our conquest, for the preservation of order, for the protec tion of the rights of the inhabitants and for depriving the enemy of the advantages of these territories while the military possession of them by the forces of the United States continue, will be recognised and approved. Nearly four years have now elapsed since the quasi military government was establish ed hv military authority, and received with the exceptions mentioned, the approval of President Polk. In the meantime, a rreaiy of peace has been concluded with Mexico, by which a boundary line was established that left this territory within the United States, thereby confirming to the U. States by treaty, what we had before acquired by conquest. The treaty, in perfect accordance with the proclamation of Gen. Kearney, declared that the Mexicans remaining in this territory should be incorporated into the United States, and be admitted at the proper time, (to be judged of by the Congress of the United States,) to an enjoyment of all the rights of citizens of the United States, accor ding to the principles of the Constitution : "And in the meantime should be maintained and protected in the free enjoyment of their liberty and property, and secured in tne free exercise of their religion without re striction." Thus it will be perceived that the authority of the United States over New Mexico, was the result of conquest ; and the possession held of it. in the first place, was a of course a military possession. The treatv added the title, bv cession to the already existing: title by succesful a chievements in arms. With the peace, there arose a natural expectation that, as early as possible, there would come a civil govern ment to supersede the military. But until some such form of srovernment should come into existence, it was matter of absolute ne nessitv 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 co'onies or territories have been acquired by war, and tneir ac quisition confirmed by treaty. The military government, therefore, existing in New Mexico at the date of the order, existed there of inevitable necessity. It existed as much against the will of ihe Executive Government of the U nited States, as against the will of the people. The late President had adopted the opinion, that it was justifiable in the people of the territory, un der the cireumsiances, to form a constitution of jrovernment, without any previous authority con ferred by Congress, and thereupon to apply for admission into the Union. It was under this stale of things, and under the influence of these opinions, that the order of the 19th November last was given, and executed in the manner we have seen. The order indicates no boundary, and de fines no territory, except by the name of New Mexico ; and so far as that indicated any thing, it referred to a known territory, which bad been organized under military authority, approved by the Executive, and left without remonstrance or alteration by Congress for more than three years. It appears to the President that such an order could not have been intended to invade the rights of Texas. Secondly, you ask whether the proclamation of Col. Monroe meets with the approval of the Pre sident ot the United States t To determine this question, it is necessary to look at ihe object of ihe proclamation, and the effect of the proceedings had under it. If the ob ject was lo assume the authority to settle the dis puted boundary with Texas, then the President has no hesitation in saying, such object does not meet his approbation, because he does not believe that the Executiveranch of this Government or the inhabitants of 5few Mexico, or both combin ed, have any constitutional authority to settle that question. That belongs eiiher to the judicial de partment of the Federal Government or to the concurrent action by agreement of the Legislative departments of the Government of the U. States and Texas. But it has been sufficiently shown that Col. Monroe could have bad no such object, and that his intention was merely to act in aid of the people in forming a Slate constitution to be submitted lo Congress. Assuming then that such a constitution has been formed, what is its effect upon the disputed boundary ? If it compromits the rights of either party to that question, then it does not meet the President's approbation, for he deems it his duty to leave the settlement of that question to the tri bunal to which it constitutionally belonss. It is sufficient for him that the 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 hU judgment in regard to their respective rights, he has no power to decide upon them, or even negotiate in regard to them; and therefore it would be improper for him to ex press any opinion. The subject-matter of dis pute is between the United Slates and Texas, and not between the inhabitants of New Mexico and Texas. If those people should voluntarily consent to come under the jurisdiction of Texas, such con sent would not bind the United States, or take a way their title to the Territory. So, on the other hand, if they should voluntarily claim the title for the United States, it would not deprive Texas of her rights, whatever these rights might be. The) can only be affected by her own acts, or a judicial decision. The State constitution formed by New Mexico can have no legal validity until it is recognized and adopted by the law makin power of the U. Slates. Until this is done it has no sanction, and can have no effect upon the rights of Texas, or of the United Stales, to the Territory in dispute. And it is not to be presum ed that Congress will ever give its sanction to that constitution without first providing for the settle ment of this boundary. lndeed.no govern ment, 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 as a mere nul lity. It may be regarded, indeed, as a petition W Congress to be admitted as a State ; but, until Congress shall grant the power of such petition, by legal enactments, it affects the rights of neither party. But as it is the right of all to petition Con gress for any law which it may constitutionally pass, this people were in the exercise of a common right when tbey formed their constitution, with a view of applying to Congress for admission as a State ; and as he thinks the act can prejudice uo one, he feels bound to approve the conduct ol Col. Munroe in issuing the proclamation. I am directed, also, to state that in the Presi dent's opinion, it would not be just to suppose that the late President desired lo manifest any un friendly attitude or aspect towards Texas or the claims of Texas. The boundary between Texas and New Mexico was known to be disputed ; and it was equally well known that the Executive Government of the United States had no power to settle that dispute. It is believed the Execu tive power has not wished it certainly does not aow wish to interfere with that question, id any manner whatever, as a question of title. In out of his last communications to Congress, that of the 16th of June last, the late President re peated the declaration that he had no power to de cide the question of boundary, and no desire to interfere with it; and that the authority to settle the Executive Government has been, as I believe, uiai question resiuea elsewhere. Tne object ot and as I am authorised to say if certainly now is, to secure the peace of the country; to maintain m Tar nmrtirahl the state of tllnsrs as it exis ted at the date ot tne ireaiy ; ana 10 jnpuuiu d reserve the risrhts of the respective parties as they were under the solemn guaranty of the treaty, unnl the hiVh v interesting: Question ot Dounaary should be finally settled by competent authority. .Thie treaty, which is now a supreme law of the land, declares, as before state!, that the mnao itants shall be maintained and protected in the free enjoyment of their liberty and property, and se cured in the free exercise of their religion. It will, of course, be the President's duty to see that this law is sustained ; and the protection wnicn h guaranties made effectual and this is the plain and open path of Executive duty, in which he proposes to tread. Other transactions of a very grave character, are alluded to, and recited in your Excellency's letter. To those transactions, I am now directed, not more particularly to advert, besides, the only questions propounded by you, respect the author ity under which Col. Munroe acted, and the ap proval or disapproval of his proclamation. Your Excellency's communication and the answer will be immediately laid before Congress, and the Pre sident will take that occasion to bring to its notice the transactions alluded lo above. It is,however,kiiown to your Excellency, that the questions growing out of the acquisitions of Cal ifornia and New Mexico, and among them the highly important one of the boundary of Texas, have steadily engaged the attention of both Houses of Congress for many months, and still engage it, with intense interest. It is understood that the Legislature of Texas will be shortly in session, and will have the boundary question before it. It is a delicate crisis in our public affairs; not free certainly from possible dangers, but let us confidently trust that justice, moderation, patriot ism, and the love of the Union, may inspire such counsels, both in the government of the United States and that of Texas, as shall carry the coun try through these dangers, and bring it safely out of them all, and with renewed assurances of the continuance of mutual respect and harmony in the great family of States. I have the honor to be, with entire regard, your Excellency's most obedient servant. DANIEL WEBSTER, Secretary of Slate. Correspondence of the Baltimore Sun. Washingtoh, August 9th, 1850. T7ie President's Message- A Wise State Pap r Si-uthern Objections T7te Sword Pointed lo. Now that the President's message on the subject of the boundary disputes between New Mexico and Texas is spread before us ia print, giving everybody an opportunity of perusing it leisurely, aud reflect ing ou it soberly, there appears to be but one opin ion about it, to wit : That it is a very able, judicious And wise State paper explaining first the law, then the position in which the country is placed, aud last ly the means by which peace may be preserved and hirmony restored between the contending parties. " It is exceedingly desirable," says the message, ' that no occasion shall arise for the exercise of the potr-.rr thus rested ia the President by the constitution and lfe lairs. With rrhaterer mildness they might be executed, or however clear tlie case of nectssiiy yet consequences might, nevertheless, follow, of which no human sagacity can foresee either the evils or the end." The President then disclaims ailintentiou of es tablishing either n civil or military government in New Mexico til! the boud:iry question shall be disposed of. and recommends to Congress to settle it before they adjourn, preferring an offer of money to Texas, which Texas herself sUn.ll accept, to eith er the appointment of commissioners, or the refer ence of the dispute to the supreme juJic'al tribunal of the land, as both theae methods would consume much time, and in the meanwhile peihaps lead to a is the tenor of the President's message; and this Mr. Volncy Howard called " the first drawing of the sword ' on the part of the President It is stated that Eirnum, the Museum nvin, has expres sed great curiosity to see thut sword which the Pre sident has drawn to fight Texas with, and that he has telegraphed for it. Its exhibition in New York and Philadelphia, would, no doubt, attract numerous and fashionable audiences. The President has not drawn the sword ; he has merely pointed to it as a means which the Constitu tion has placed at his command to support the Uniou and the law ; urging Congress at the same time to act iu such a manner that he may not be obliged (because compelled by the Constitution) to unsheaih it. And have not Seuators and members of Con gress in their speeches pointed to the sword that they are ready to draw, when they should be called upon to do so 1 And shall the President of the U States, to ichom the sword is gicen by the Constitution, have na right to answer these unworthy, if not treasona ble menaces ! The fact is, the Texas boundary is the. sum and substance of the whole difficulty under which the country is now laboring ; and hence the southern ultras cling to it as a priceless gem. They do not wish it to be settled and hence dislike the message because it nrges its settlement. The Texas bound ary is the brandy of their punch ; without which it would be. nothing but weak lemonade. The Union of this morning thinks that the mes sage of the President is not sufficiently conciliatory that the President ought not even to hate pointed at, or alluded to the sword. How would ouch a message have been taken by the North 1 Have not all the threats of dissolution come from the South 1 and has not the Jnion" itself croaktngly (though with great innocence of heart, and no doubt with great patriotism.) repeated them ? The Union is, perhaps, iu quite as great danger from the want of energy of the general government, as from its yield ing too little. The fact i, the Union cannot treat with one, two, or more States on even terms. The Union is supe rior to the limited outes sovereignty, or we should have no government at all, but a mere copartner ship of States, to be disolved at any time, whenever one or two or three parties think it their interest to do so. If auy portion of the South assume such an hostile attitude, they have no right to find fault with the President, when he points to the law and the inevitable conseqnences of such a step-, not optional with him, but prescribed by the Constitution. MR. CLAY IN NEW YORK. Mr. Clay, on his arrival at New Yerk, on Wed nesday, was met by an immense concourse of persons, although he made every effort to escape them. The correspondent of the Ledger says : When the boat came up to the wharf, a simul taneous "Three cheers for Henry Clay" rose up, fairly making the dock tremble with the reverbera tions. By and by, the veteran appeared on the quarter deck, in company with Mr. David Gra ham and Nicholas Carroll, Esq., and spoke as follows: "Gentlemen, it is impossible for me to make you a speech, and you must really excuse ray do ing so. I am fatigued and worn out, in eudea voring to serve you as your representative; and am now going to recruit my strength a little, in quiet and retirement.at Newport and Providence." Voice. "You'll make us a visit when you get strong, won't you V Mr. Clay. "Oh yes, when I get strong again. Well now, gentlemen, I've got a compromise to you Voice. "Three cheers for the compromise !" Mr. Clay proceeded. "Well, as to my com- Eromise, and by the way, too, about that Orani us, 1 want you to let me alone, now ; I wish to go to my room aud get some rest, and will sec you again at some future time, if I live, and you, gen tlemen. You had better get into that omnibus and ride home as soon as you can !" You may imagine the effect of this good natur ed sally upon the crowd. I can't describe it. The noise rings in my ears yet. Mr. Clay goes East in the steamer this evening. He looks worn out and fatigued, I thought. Hojr. Hcnrt A. Wis. A Jight.--Thc Snow Hill (Md.) Shield, published in Winchester 'coun ty, opposite to Accomac, Va., states that at a Reform meeting, held at Temperanceville.on Sat urday week, Mr. Wise, who is a candidate for the Virginia Reform Convention, provoked an al tercation of words with Mr. D. Wallop, an influ ential Democrat, who opposes Mr. W.'s election en the ground of principle. After some angry words between them, Mr. Wise is said to have made some reckless declaration in reference to Mr. Wallop and the motives waicu prompted his course, which Mr. Wallop pronounced a " d d lie." Upon this, Mr. Wise dealt him a blow, which the Shield says, would probably have cost Wise his life, but for the interlerence of by sun ders who prevented the difficulty. Wallop is still unredressed and as both are men of high mettle, " th end is not yt Belt, Sun. Ours are the Diana of fair flon.v. TJnwarp'd by party rage to live like brotj iialeighTnTC Wednesday, August 14, i860, THE CABINET COMPLETE. The two vacant places in the Cabinet U been filled by the following appointments; p' Thos. M. T. McKennon, a sterling and JS known Whig of Western Pensylvania, Secr, of the Department of the Interior: and th u Charles M. Conrad, a distinguished citizeil Louisiana, Secretary of War. The Cabinet Ministers will therefore consist of The Secretary of State, Mr. Webster. The Secretary of the Treasury, Mr. Corwin. The Secretary of the Intprmr i . m.T, l- o.--. . r r Wm) me trctiaurj ui i r, ivir. vonrad The Secretary of the Navy, Mr. Griharn The Postmaster General, Mr. Hall. The Attorney General, Mr. Crittenden. WAKE COUNTY. It is not true as the " Standard" alleges th,t any WThig. has laid himself open tothec'harl ol a " gross breach of faith," in not having roied for Gen. Saunders in the recent election! Th boot is upon the other leg. Leading Whigs M. doubledly solicited Gen. Saunders to become Candidate, in the expectation that his servica might be important to the cause of Internal In. provement at the next session, and inasmuch u he had proclaimed his isolation, for the future from party squables and pursuits. But after hit tergiversations upon the question of Internal Im. provement after his truckling to the Rev. Bur- well Temple and the Rolesville indigaationistj after his denunciationfof Gen. Tartar's adminis- tralion after D inocracy was made '.he only for office, and after he had propagated throughout the Country the vile slander that Gov. Manly hid 1 ; r c -i - , . '. tancu jiuuuu m mvui ui ciidugmg ine basis 01 ncjicijcuioiiuu unci iiitrac gross Dreaches of faith" Whigs were not only absolved from any pledges to endorse and support him, but were doing the Whig cause an essential injury bjio. ing so ! These are our own independent opin ions, and are expressed without any reference to the course of those gentlemen who saw fit to sui tain him. However much we may rgretn,tt have no province to go farther. Our Wrhig friends in Wake in Raleigh espe cially must inuuige us iu the remark, tw tha can nener jrn. ct to inrrrnxe. their ihvmrM '- prote meir prospects Jur success, so tong are found, year after year, contributing to pat 1 1 T J f . it wiruj;j;uiitnij imw tic-; ..All past eipeneDct uruiuniiiain nc iwiy ui anowuig a canvass 10 JO . I r . 1 1 r n uncontested : and all past experience demonstrates the worse than foJlv of voting for the Onnrairmn J - rf rt I wnen we nave Candidates ot our own in the held, though there may be but little orobabilitv of their election, iach increased vote that W higi assist them to roll up. is claimed bv the Loco Fo- co party in the County, as an evidence of ne growiug sirengiu oi meir numoers ana tue pro gress of their nnnciMtM . and we are thus modi ine tnsirumenis or our own numuiaiion: we must act differently, or the conseauences willbt destructive to our integrity as a Party ! THE PRESIDENT'S MESSAGE The President's Message relative to the diScul- IV Dei ween ipw IVlpYirvi nntl I pvas orcunitti j - - - - " r ponton oi our columns today. Ihe message Strikes us. as wp havp nlrpailv rpmarirpd. though , - 3 C ui in o wutrtui j iu itJtirr, diiu it no ictwuiiui natinnfi aro t-il Inrtrorl im in tho enmp cnirif. iDa vexed question can be adjusted, without any Jis tnrhnnno Tlio TTnirn whilct it thinks some 01 the positions "indiscreet and unfortunate, ' yf admits that "its Inne ie rnrilintnrv " and instead . 1 1 r ., t , f IT. ji yicrtfuuug a sememeai, as arijueu uj .m. w- nrrl nf Tevnt "if will nrooinilntp llip issue IDS hasten tho ariitietmont " Wp invokp the reJSW j .. Onl IndmnAnl .-f lii. AAunt.t' nnt lie naS0D Ot uu juugllKUl Ul W1C WU 1111 , iiu. f - historv. Let the Prpsidpnt' views be calm' consiuereu. 1 nat ne is nonest, sincere, auu oils-- nfins in t-iAurtr i nar n rs mc happiness, and union of the republic, all know. thissuo- nrt TmrfcOf CintAt!tt Mai r ilia kru f Knf no cax can ever occur in which a resort to lorce to mam tain lKo rirkt fiftka TT Static will be DCC" CO fT MM1 kmnc-t KamwS.I A ..n...,r viih bus q t va a.u U uwu wiauw also, in his recommprwlati.in of a Drompt wj0'' . . .: 1 . nnt nillT of lie uiluuuiiv wuica nas arisen whu j:flc i. li.l :.u fkaSllteOl rr- k... , r .l .: .w,nrpd wit Olir npwlv 9ivimrpl lArrili-irioa s fill al settlement J ...w. , . . - a . . , r mi. : u. .1,. mrolfarelM mi.pt nf fhie wKno TTnirtn frwi Inner disturbed of iKp strife of COt- i: : : d This.tW iciiuuuatuuues. nuuenousiv uciuauu. 1Q what tK. Dc.... r n Lwiet tiwpntV.nill6 h.fr r . I. TT: oninilslV (1851 - u .l... ' .i r.. 1- nf pach Slit ktv uiucu 00, uiai coum uie reuuic v. - nlanrecoi KM U W UlUU UCT UUlirU ULJUll lUb CUMW T" j, , c.u,,i in UK meuaeo in ine jviessape. we are cgyuu" l,i:r .v. . i- ., .k- TTninn except one and perhaps even from that oue the res ponse of the People to that plan, to he carried by Congress in its most liberal and cornpreb" sense, would be an all but unanimous ATR- wcirci iudi iiiHii evcrv tztuic iu mc v (ftj- A splendid letter of condolence to Mrs. Tay lor, relict of our late President, has been pubw ed by Dr. Gabor Napheg yi, a Hungarian residing at, Washington, written in eighteen y ferent languages, and signed by the Prese?'lh the United States, and by each member of houses of Congress. It is executed in tbe beautiful manner .entirely with the pen, on of paper five feet long by seven broad, on ' are delineated in beautiful chirography j ' gilding and coloring,a poetic tribute of grief, ing as so many letters from eighteen dlfferea,reB.' each in its owu character and style, aud ted and scattered about as so many funeral ins. 1 " . v 4" d ,
The Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 14, 1850, edition 1
2
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