Newspapers / The Tarborough Southerner (Tarboro, … / Aug. 24, 1850, edition 1 / Page 1
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.Ml Is km H JiUliiyH 1 lil hjMl ralhHnl lr Tarborough, Edgecombe County, .V. V. Saturday, August 24 IH30. 1 il i The Tarboro Press, BY GEORGE HOWARD, j3 nublid weekly at Two Dollars per year j,n ajyance or, Two Dollars and Firrr if pa iu i u ' hts ai expiration of the subscription year. lVcnjsetnents not exceeding a square will be : ted at Oxi Dollar the first insertion, and 25 a8M4. 0I every succeeding one. Longer ones at rat Yex S(laae Court Orders and Judicial Jrfftisfnicnts 23 per cent, higher. POLITICAL. From the Southern Press, MESSAGE Of the President oj the U. S.f on the Texas Boundary Question. To the Senate and House of Iteprescn tatives: I herewith transmit to the two Houses of Congress, a letter from his excellency the Governor of Texas, dated on the 14th 4i gSlli day of June last, addressed to the late j military and naval force of the United President of the United States, which, notjSlalcs or do both, if in his judgment hivin been answered by him, came into;106 exigency of the occasion shall so re my hinds on his death; and I also trans-! T11"6' for lne purpose of suppressing such mit i copy of the answer which I have combination. felt it to be my duty to cause to be madej Tne constitutional, duty of the Presi to that communication. (dent is plain and peremptory; and the au- Congress will 'perceive that the Gov- thonty vested in him by law, for its pci ernor of Texas officially states, that by formance, clear and ample, authority of the Legislature of that State,! Texas is a State authorized to maintain he despatched a special Commission, with her own laws, so far as the y are not re full power and instructions to extend the pugnant to the Constitution, laws and civil jurisdiction of the State over the un- treaties of the United States; to oppress organized counties of El Passo, Worth, insurrections against her authority, and to Presidio, and Santa Fe, situated on its punish those who may commit treason northwestern limits. against the State, according to the forms He proceeds to say, that the Commis- provided by her own constitution and her sioner had reported to him, in an official own laws. form, that the military officers employed But 3,1 !h5s power is local, and confined in the service of the United Ststes, station- entirely within the limits of Texas her e l at Santa Fe, interposed adversely with ; self She can possibly confer no authori se inhabitants, to the fulfillment of his !y which can be lawfully exercised be object, in favor of the establishment of a 'yond her own boundaries, separate State government east of the Rio All this is plain, and hardly needs argu Grande, and within the rightful limits of ment or elucidation. If Texan militia, the State of Texas. These four counties therefore, march into any one of the oth which Texas proposes to establish and or- cr State?, or in any territory of the Unit ganize, as being within her own jurisdic- ted States, there to execute or enforce any tion, extend over the whole of the Icrri- ,3vV r Texas, they become at that mo tory east of the Kio Grande, which has,1 ment trespassers; they are no longer under heretofore, been regarded as an essential lbe protection of any lawful authority, and integral part of the Department of and are to bc regarded merely as intru New Mexico, and actually governed and ders5 and if within such State or Territory possessed by her people, until conquered l!ieT obstruct any law of the United and severed from the Republic of Mexi- Stales, either by power of arms or mere co.hvthp Amonn .mo nower of numbers, constituting such a The Legislature of Texas has been call combination as is too powerful to be sup cJ together by the Governor, for the pur- pressed by the civil authority, the Presi Pe, as is understood, of maintaining her clentof the United States has no option claim to the territory east of the Kio Ieit to ni' but is bound 10 obe.v l,,e 8o1 Grande, and of establishing over it her e' injunction of the Constitution, and own jurisdiction and her own laws, by exercise the high powers vested in him force. by that instrument and by the Acts of These proceedings of Texas may well Congress, arrest the attention of all branches of the 0r if an-v c,vil Posse armed cr unarm Government of the United States, and I cd enler in, an' Territory of the United rejoice that they occur while the ( Wrps States, under the protection of the laws is yet in session. It is, I fear, far from beine imnrobahlfi th.t in r these proceedings of Texas a crisis mav . J ' ' "Muuitc ill be brought on which h9ll ,,mm .I,- JO two Houses of Confess and st:ll more emphatically the Executive Government -to an immediate rHin. r t Un J Jormance of their respective duties. . I y the Constitution of the United rtes, the President is constituted com l3n l-r-in-chief of the army and navy, Sficl ofthe militia of the several States, tv.'ien called into the actual service ofthe United States. The Constitution declares, J-so, that he shall take care that the laws faithfully executed, and that he shall, from time to lime, give to the Congress information ofthe state of the Union. Congress has power, by the Constitu tion, to provide for calling forth the mi htia to execute the laws ofthe Union; 3!H sj'uable and appropriate acts of Con Rrevhave been passed, as well for provi ding for calling forth tho militia, as for p....... u.tau.e ana einc.eni means stipulation is the supreme law of the land. in the hands of the President, to enahle and is to be maintained and upheld ac him to discharge the constitutional func- cordingly. tions of his office. ' In the letter to the Governor of Texas, The second section of the ct of the my reasons are given for believing that twenty-eighthof February, seventeen hun- New Mexico is now a territory of the dred ant! ninety-five, declares, that when- United States, with the same extent and ever the laws of the United States shall the sime boundaries which belonged to it, be opposed, or their execution obstructed, while in the actual possession of the Re in any State, by combinations too power- public of Mexico, and before the late war. ful to be suppressed by the ordinary In the early part of that war, both Cali course of judical proceedings, or the pow- fornia and New Mexico were conquered er vested ,n the marshals, the President by the arms of the United States, and may call forth the militia, so far as may were in the military possession of the be necessary to suppress such combina- tiuu?, auu iu cause me laws to ue duly exe- peace. CUi1 u I By ,nat treaty the title by conquest By the act of March 3, 1S07, it is pro-; was confirmed, and these territories, pro vided thai ,n all cases of obstruction to Vmccs, o r department, separated from the laws, either of the United States or . Mexico forever; and by the same treaty any individual State or temtory, where! certain important rights and securities it is lawful for the President to call forth, were solemnly guarantied to the inhabil- me mintia tor the purpose of causing the laws to be duly executed, it shall be law ful for him to employ, for the fame pur poses, such part of ihe land or naval force of the United States as shall be judged ne cessary. These several enactments arc now in full force; so that if the laws of the United States are opposed or obstructed, in any Stite or territory, by combinations too powerful to be suppressed by the judicial or ciril authorities, it becomes a ca.e in which it is the duty of the Piesidcm, eilh er to call out the militia or to employ the thereof, with intent to seize individuals to he carried elsewhere for trial for alleged - ... . . , . offences, and hs posse be too powenui to " be resisted by the local and civil authon- tics, such seizure or attempt to seize is to, after acquire said propert by contact, b prevented or resisted by the authority shall enjoy, with respect to it guaranties of the United States. .equally ample as if the same belonged to fi : t .ia4ann una? i lie grav e aim nujiui louv ijucsuuh --'" arises, whether there be in the Territory The ninth article ofthe treaty is in of New Mexico any existing law of the these words: United States, opposition to which, or thej "The Mexicans who, in the territories obstruction of which, would constitute a 'aforesaid, shall not preserve the character case calling for the interposition of the : of citizens ofthe Mexican Republic, con authority vested in the President. Iformably with what is stipulated in the The Constitution of the United States j preceding article shall be incorporated declares that "this Constitution and the into the Union of the United States, and laws ofthe United States, which shall bejbe admitted at the proper lime (to be judg made in pursuance thereof, and all the led of by the Congress of the United States.) treaties made or which shall be made, j to the enjoyment of all the rights of citi under the authority of the United States, jzens of the United States, according to shall be the supreme law of the land." If, the principles of the Constitution; and in therefore. New Mexico be a Territory of the meantime shall be maintained and pro the United States, and if any treaty stip-jtccted in the free enjoyment of their lib ulalion be in force therein, such treaty Icrty and property, and secured in the free J United States at the date of the treaty of anti 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 Kio Giande, other.visc called the Rio Bravo del Norte, or oppo- site the mouth of its deepest branch if it . should have mop than oie branch, tying directly into the sea, from thence up the middle of tli3t river, following ihe deepest channel where it has more than one, to the point where it strikes ihe southern boundary of New Mexico; thence by some act of Congress, to which the as westwardly along the whole southern sent of the St.te of Texas may be neces boundarv of New Mexico, (which runs sary, or bv some appropriate mode of le north of the town called Passe,) to its western termination; thence northward disturbances or collisions arise or should of Texas appears to Congi ess 10 be well alcng the western line of New Mexico, he threatened, it is absolutely incumbent i founded, in who e or in par:, it is in the until it intersects the first branch of the on the Executive Gorernmenl, however, competency of Congre.-s to- ofler- her an river Gila, or if it should not intersect painful the duty, to lake care that the laws indemnity for the surrendei of that claim. r y branch of that river, then to ihe point be faithfully maintained; and he can re-! n a case like this, surrounded as it is, by on the said line nearest to fiich branch, gard only the actual state of things as it! many cogent considerations, all calling and thence in a direct line to the s. me;) existed at the dale of the treaty, and is for amicable adjustment;, and immediate thence down the middle of the said branch bound to protect all inhabitants who were settlement, the Government oi thf United and of the said river, until it empties into Ihcn established, and who now remain States would be justified, in my opinion, the Rio Colorado; thence across the Rio north and cast of the line of demarkation, j in allowing an indemnity to Texas not Colorado, following the division line, be- in the full enjoy mcnt of their liberty and unreasonable and extravagant, but fair, tween Upper and Lower California to the property according to the provisions of ; liberal, and awarded in a just spirit of ac Pacific ocean." j the 9th article of the treaty; in other; commodation. . The eighth ailiclc of the treaty is in' words, all must bc now regarded as New; I tbink no event would behailed with the following terms:- Mexico which was possessed and occupied . more gratification by the people of the "Mexicans now established in Territo- as New Mexico by citizens of Mexico atj United States, than the amicable adjust ries previously belonging to Mexico, and the date of the treaty, until a definite line j ment of questions of difficulty, which w hich remain for the future within the of boundary shall be established by compe-, bave now for a long time, agitated the limits of the United Stales, as defined by I tent authority. This assertion of duty to count ry and occupied, to the exclusion the' present treaty, shall be free to contin-j protect the people of New Mexico from of other subjects, the time and attention of ue where they now reside, or remove at , threatened violence or from seizure, to be , f ongress. ' : - any time to the Mexican Republic, re : carried into Texas for trial for alleged of- Having thus freely communicated the laining the property which they possess fences against Texan laws, .Iocs not at all results of my own refit ci ion, on the most in the said territories, or disposing there- include any claim of power on the part of adviabl mode of adjusting the. boundary of, and removing the proceeds wher- the Executive to establish any civil or question, I shall, nevertheless, cheerfully ever they please, without their being sub- military government within that territo- acquiesce in any other mode which tho iected, on this account, to any contribu- ry. That power belong- exclusively to ; wisdom of Congress may devise. i ...... - - i ! 1 a tion, tax, or charge whatever. J the legislative department, and Congress: na, in conclusion, i repeal my corf "Those who shall prefer to remain in is the sole judge of the time and manner viction, that every consideration of tho the said territories may either retain the of creating or authorizing any such gov-1 puMic interest, manifests the necessity of title and rights of Mexican citizens or ac- crnn.cnts. j provision by Congress for the settlement quire those of the citizens of the United Theduty ofthe Executive extends only oi this boundary question, before the pres States, But they shall be under the obli- to the execution of laws and the mainten ent session be brought to a cose Tho gation to make their election within one ance of treaties actually in force, and the settlement of other questions connected year from the date ofthe exchange of rat- protection of all the people of the United with the same subject, within the same ificationsof this treatv; and those who -'States in the enjoyment ot the rights: Pou, is greauy 10 oe ucMrcu, uui mC shall remain in the saTd Tenitories after' which those treaties and laws guarantee, jadjustment of this appears, to me, to be m the expiration of that yenr, without hav ing declared their intention to retain the character of Mexicans, shall be consider - ' P,1fnhvR elected to horome citizens of " - the United States. "In the said territories property of every kind, now belonging to Mexicans not established therr, shall be inviolably J Ti . ,U ULcilr fnrPSPP Pllhpr thfi P.V k nr ihp Pn, : respecieu i nu Pit-Cuiuii, .c m.-.. iima of these, and all Mexicans who may nere I riii7Pn nt Ihp UniiPfl rtates. exercise of their religion, without restric tion." - - It is plain, therefore, on the face of these treaty stipulations, that all Mexicans es tablished in territories north or east of the line of demarkation already mention ed, come within 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 security in the free en joyment of their liberty and property, as well as in the free exercise of their relig ion; and this supreme law of the land be ing thus in actual force over this territory, is to be maintained until it shall be displa ced or superceded by other legal provis ions; and if it be obstructed or resisted by combinations loo powerful to be suppress ed by the civil authority, the case is one which comes within the provisions of the law, and which obliges the President to enforce those provisions. Neither the constitution, nor the laws, nor my oath of office, leave me .any alternative, or any choice in my mode of action. The executive Government of the Uni- ted States h3S no power or authority to determine what was the true line of boun- dary between Mexico and the United States before the treaty of Gaudalupe Hi- emp-'dalgo, nor has it any such power now, since the question has become a question between the State of Texas and the Unit- ed States. So far as this boundary is doubtful, that doubt can only be removed gal adjudication; hut in the meantime if It is exceedingly desirable that no oc- casion should arise for the exercise of the ! powers thus vested in the President byjP m-i mere m iuhow .c.uru i f ... !l I I'll .JA ! . . I the Constitution and the laws. Y ith i j whatever mildness those powers migh be executed, or however clear the case of ! necessity, yet consequences might never- ,im:. U1 " ,1U "uu,d" MK' ty can foresee either the evils or the end. Having thus laid before Congress the communication of his Excellency the Gov ernor of Texas, and the answer thereto, and having made fcuch observations as I have thought the occasion called for res peeling constitutional obligations w hich 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, notwith standing that I am aware that the subject is now before both Houses, if I express my deep and earnest conviction ofthe im portance of an immediate decision, or ar rangement, or settlement of the question of boundary between Texas and the terri lory of New Mexico. All considerations of justice, general expediency, and domes tic tranquility call for this. It seems to he. in its character and by position, the first, or one of the first, of the, questions growing out of the acquisition of Califor nia and New Mexico, and now requiring decision. No government can be established for New Mexico; either State or territory, until it shall be first ascertained what New Mexico is, and what are her limits and boundaries. These cannot be fixed op known, till the line of division between her and Texas shall be ascertained and es tablished and numerous and weighty reasons conspire, in my judgment, to show that this divisional line should be estab lished by Congress, with the assent of iho government of Texas. In the first place, 1 his seems by far the most prompt modo of proceeding, by which the end can bo accomplished. If judicial proceedings were resorted to. such proceedings would necesarily be slow, and years would pass by, in all probability, befoie trie contro versy could be ended So great a delay, in this case, is to be avoided if possible. Such delay would be every way inconve nient, and might be the occasion of distur bances and collisions. For the same reas on, 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 spe cies of arbitration, which might last as long as a suit at law. So far as I am able to comprehend the case, the general (acts are now all known, and Cong;ess is as capable of deciding on it, justly and propeilv now. asil probably would be after then-pert of the Comniis- sioners. If the cairn of liile on the part j the highest degree important. In the train of such an adjustment, we may well ' i u .1 .. .: 1 1 1 1 ,r ! narmony ana good win, an increasea ai- tachment to the Union, and the general atisfaction of the country. - MILLARD FILLMORE. Washington, August 6, 1550. Prom ihe Portsmouth Pilot. Smatl Notes. By a recent act ofthe Pi nnsylvania Legislature, the circulation of bank notes under the denomination of $5, is prohibited in that State alter the 21st of August. It is said that they have begun to appreciate in value already as the brokers in Pittsburg shave them at 4 cent. discount. Navigating the. Jiir. Capt Taggart made another sue essful ascension wi th his self propelling balloon, on Monday af ternoon, from Lowell, Mass., ascending to, a great height. After floating in different directions for about two hours, he larded in Wilmington He propels his balloon in the course desired by working a crsnk, ' which puts in motion the necessary fad dies or fafijr - - .i ,,i i i
The Tarborough Southerner (Tarboro, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 24, 1850, edition 1
1
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