The Greensborough patriot [August 17, 1850]

              VOLUME XII. GREENSBOROUGH, NORTH-CAROLINA, AUGUST 17, 1850. NUMBER 17
PUBLI8HED WEEKLY
if IWIIM AMD SHERWOOD.
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THE PATRIOT.
Texas ana Mew Mexico.
MESSAGE FROM PRESIDENT FIIXMORK.
YVASHINTOM, August ft, 1850.
To ike Senate and Houte of Representative*.
I herewith transmit to the two Houses of Con-
"ftresa a le,Uer from his Excellency the Governor
of Texas, dated on the 14th day ofJune last, ad-dressed
to the late President of the United States,
which, not having been answered hy him, came
to my hands on his death : and I .No transmit a
copy of the answer which 1 have felt it to be
my duly to cause to be made to that communi-cation.
Congress will perceive that the Governor of
Texas officially states that, hy authority of the
Legislature of that State, he dispatched a Special
('onimiasioner, with full power and instructions
to extend the civil jurinuRdictinn of the State
over the unorganized counties of El Paso, Worth,
Presidio, and Santa Fe, situated on its northwes-tern
limits.
He proceeds to say that the Commissioner
had reported to 'iim, in an official form, that the
military officers employed in the service of the
United States, stationed at Santa Fe, interposed
adversely, with the inhabitants, to the fulfilment
of hi. object, in favor of the establishment ol a
separate Stale Government east of 'JieKioGrande,
And within the rightful limits of the Slate of Tex-as.
The four counties which Texas thus pro-poses
to establish and organize, as being within
her own jurisdiction, extend over the whole ter-ritory
east ofthe Kin Grande, which has hereto-fore
been regarded as an essential and integral
part of the Department of New Mexico, and ac-tually
governed and possessed by her people, un-til
conquered and severed from the Republic of
Mexico by the American arms.
The Legislatnre of Texas has been called to-gether
by her Governor, for the purpose, as is
understood, of maintaining her claim to ;he terri-tory
east of the Rio Grande, and of establishing
over it her own jurisdiction and her own laws,
by force.
These proceedings of Texas may we!l arrest
the attention of all branches ofthe Government
of the United Slates ; and I rejoice that they oc-cur
while the Congress is yet in session. It is I ^SmnL along the western iine of New Ms*
1 lear, far from being impossible that, in conse- ico unlj, it mten«,to ,ho first branch of the nv-quence
of these proceedings of Texas, a crisis | cr GiUl. (or if it .hould not intersect anv branch
may be brought on which shall summon the two \ „,- ,hal rivei, ,,,,,, .„ ,hc in. 0|, lhc ^y |ine
Houses of Congress, and still more emphatically ; nMrei, ,0 -uch bninchi and lllcnc#. jn , uirc(M
the Executive Government, to an immediate ,i||e |0 lhe 8ame s ,|ie„ce down the middle-o'ihe
readmes, for the peiformance of their respective | Sllid branph aiul „', |he ,aid river Ulllil „ cmplje8
nlo the Kin Colorado ; thence across the Hiu
such a combinalion as is loo powerful In be rap-prrssed
by lhe civil authority, the President of
the United Stairs haa no option left to him, but
ia bound to obey the solemn injunction of the
Constitution, and exercise the high power, vett-ed
in him by that instrument and by the aeta of
Congress.
Or if any civil ;»sse. armed or unarmed, en-ter
into any Territory of the United States, with
intent to seize individuals to be carried elsewhere
for trial, for alleged offences, and Ihia posse be
loo powerful to be resisted, by the local civil an
thorities, such seizure or attempt to seize ia to be
prevented or resisted by the authority of the Un-ited
Stales.
The grave and important question now arises
whether there be in the territory of New Mexico
any existing law ofthe United States, opposition
lo which, or the obstruction of which, would con-stitute
a case calling for the interposition of the
authority vested in the President.
The Constitution of the United Stales de-clares
that "this constitution, and the laws of
the United States which shall be made in pursu-ance
thereof, and all treaties made, or which
shall be made, under tho authority of the United
Slates, shall be the Supreme law of the land.*'
If, Iheiefore, New Mexico be a Territory ofthe
United Stales, and if any treaty stipulation be in
force therein, such treaty stipulation is the Su-preme
law of the land, mid is lo bo maintained
and upheld accordingly.
In lhe letter to the Governor of Texas my
reasons are given for believing that New Moxlco
is now a Territory of the United Slates, with
the same extent aud and lhe same boundaries
which belonging to it while in the actual posses-sion
of the Republic of Mexico, and before the
late war. In the early pan of that war both Cal-fornia
and New Mexico were conquered by the
arms ofthe United Slates, and were in lhe m
lary possession of the United Slates at the dale
ol the treaty of peace. By that treaty the title
by conquest, was confirmed and these Territo-ries,
Provinces, or Departments separated from
Mexico forever; and by the same treaty certain
important rights and securities were solemnly
guarantied to lhe inhabitants residing therein.
By lhe liflii article ofthe treaty, it is declared
that
"The boundary line between the two repub-lics
shall commence in the Gulf of Mexico three
leagues from land, opposite the mouth of the If io
Grand,otherwise called lhc Hio Biavodel Norte,
or opposite tit*1 inoulli of ils deepest branch, if it
should have more limn one branch emptying di-rect!
i into the sea. from ihenct-, up the middle of
thai river, following lhc deepest channel, where
il has n."re ihan one, lo the point where it strikes
the southern lioundary of New Mexico ; thence
westwardly, along lhc whole southern boundary
of New Mexico, (which runs north of the town
called Paso) lo its western termination ; thence
Colorado, follow ing the division line between
Upper and Lower California, to the Pacific o-cean."
The eighih arlicle of lhc Ircaly is in lhe follow-ing
terms :
'• Mexicans now established in territories pre-viously
belonging to Mexico, and which remain
for the future within lhe limits of the United
States, as defined by the present treaty, shall be
duties.
Uy the Consiiiution of th« United Slates, lhe
President is constituted Commander-in-chief of
the Army and Navy, and of the militia of the
several States, when called into the actual service
of the United States. The constitution declares
also that he shall take care thai the laws be faith-fully
executed, anil that he shall, from lime to
lime, give to the Congress information ofthe
•tale ofthe Union.
Congress has power, hv lhe Constitution, to . ,
provide for calling forth ti.e mililia ,„ „c,.uu, , free lo conlmue where .hey now res.de, or lo re
the laws of the Union; and suitable and appro- move at any lime lo the Mexican republic, re-priale
act. of Congress have been passed, as well i »>«">* "'e V'"1""? " l"C'' a2 CTS '" £
for providing for calling forth the militia, M fbt "**^^^^S^fSH^ "T"'
Placing other ruitable and efficient mean, ,n .he ' ">*.lh? £*»•* w"|"rev"ll"'>' P'«»». "itl.out
hands of the President to enable him to discharge \ xU"r bein« •ubJM,fd on lhls a""1"" ,0 an> c°'<-
thecon.liii.lionairunciions of his office. inbutinn, lax, or charge whale, er.
The second Mellon of the act of lhe 2S.I, of I ". ' h.Me who * la" £** * '*T'" '!' *J ""
Februarv. I7U5, declare, that whenever the ! '""">"" ">"> <"">" re,:"» ,h* ""« «* "«'"* «[
law. ol ihe United States shall be opposed, or I "'T"" T^™'- "J3&1 "|."U U CI"fe"S
1"f
their election obstructed. ,v Stale, by com- *J l'"""" «""«• "'." 1 icy -hall be under .he
bination. too powerful to be suppressed'by .he "*"*■ ■"".u" ■•*• ""•!' clecl.on wi.hin one year
ordinary course of judtcial proceeding,, or Ihe f""n ,hc ****** «f''»"»«,"' '■"•^"«'» <>f
power vested in the marshals, lhe Preside,,, may I ,h!" "e,"> L*"^*0? u'hn."h it t .u .u» ™;i;.i- -« *„., «- ... i „ . „ i said territories after the expirat"io"n"'o"f'"'t,h"at,"'year. call fcrth the militui, so far as mav be uece»earv '.,.,- ■ ■ » .' - ': ■ to suppress suchi co™mib.i;n„a-t,i;o.„n„s, .an/di ,lo. cause^i.Lhc without having declared their intention to retain
laws to be duly executed.
I»> tile act ol March 3d, 1807, it is provided
that, in all cases of obstruction to the laws, eith-er
of the United Stales, or anv individual State
or Territory, where it is lawful for lhe President
to call forth the militia for the purpose of caus-ing
the laws lo be duly executed il shall l>u law-ful
lor him to employ, for the same purposes,
auch part of lhe land ur naval force ofthe Unit-ed
Stales, as shall be judged necesarv.
These several enactments are now in full force;
so that if the laws of the United Slates are op-posed
or obstructed, in any Stale or Territory
the character of Mexicans, shall be considered to
have elected to become citizens of the U. States.**
" In the said territories properly ol every kind
now belonging lo Mexicans not established there
shall be inviolably respected. The present own-ers,
the heirs of those, and all Mexicans who
may hereafter acquire said properly by contract,
shall enjoy with respect to it guaranties equally
ample as if lhe same belonged to citizens o( the
United Stales.**
The nint . article of the treaty is in iliese
words:
14 The Mexicans who, in tl.e territories afore-
By combinations loo powerful lobe suppressed said, shall not preserve the character of citizens
by lhe judicial or civil authorities, it becomes a of the Mexican repuMic conformably with what
case in which il is lhe duty ofthe President eith-, '8 s.ipidated in the preceding article, shall he in-pr
to employ the military and naval force of the ' corporaied iuto the union of lhe United Slates,
tJnited States ; or to do both, il in his judgment and be admitted al the proper lime, (to be judged
the exigency of the occasion shall so rreeqquuire, for ™* nT mfc Congress of the United States) to the
the purpose* of suppressing such eombloations. enjoyment of all the rights o\' citizens of lhe Uni
The constitutional dutv ol lhc President is plain ,cd Slates, accordingly lo the principles of lhe
and peremptory, and the authority vested in constitution ; and, in the mean lime, shall be
dim by law for its performance, clear and am- , msinttined and protected in the free enjoyment
|,|f_ ■ of their liberty and properly, and secured in the
Texas is a Slate, authorized lo maintain her free exercise of their religion wiihout restric-own
law, 80 far as they are not repugnant to the i llon-eonstiiution,
laws, and treaties of the United j It is plain, therefore, on the face of these trca-
States ; to suppress insurrections agiusl her au- (ly stipulations, that all Mexicans established in
thority, and to punish those who may commit lernlones north of lhe line of demarkation alrcn-treajpu
againal ihe Stale, according to the forms dy mentioned, come wiiliin lhc protection of lhe
iirovidcd by her own constitution, and her own 9th article ; and that iho treaty, being a part of
aws. Hut all ibis power is local, and confined ' lhe supreme law of lhe land, docs extend overall
cuiire.y within ihe limits of Texas herself. She \ such Mexicans, and assures to ihein perfect so-on
possibly confer no authority which can be curity in the free enjoyment ol" their liberty and
lawfully exercised beyond her own boundaries, J properly, as well as religion; and this supreme
• All this is plain* and hsrdts need.- argument or j law of lhe land, being thus in actual force over
■elucidation. II Texas militia, therefore, march ihis territory, is to be maintained and enforced
into any one of the other States, or Into any Ter-ritory
of lhc Doited stale*, there to execute or
enforce any law of Texas, they become ai that
moment trespassers ; they an no longer under
the protection ol any lawful authority, and an
10 be regarded inertly an intruders; and if. wnh-in
such Sialp or Tentnry. tliey obstruct snj
law of life (foiled Slales, eiilu r by poUet o|
until it shall be displaced or Miperseded by other
legal provisions; and if it bo ohsiructcd or re-stricted
by combinations too powerful to be sup-pressed
b ihe civil authority, lhe rase i«« one
whirh comes wilhin lhe provisions of law, nml
which obliges t|ie President to enforce ihose pro-vision*.
Neithei the oqnslltdhofl no* the law.
my duty or niv >vi\h rf «&>'.. leaves me any aj
The Executive Government of the United
Stales has no power or authority to determine
what was the true line of boundary between
Mexico and the United States before the treaty
ofGaudplupe Hidalgo; nor haa it any such pow-er
now, since the question has become a question
between the State of Texas and the United States.
So far as ibis boundary is doubtful, that doubt
can only be removed by some act of Congress,
to which lhc assent of the State of Texas may be
necessary, or by some appropriate mode of legal
adjudication ; but in the meantime,if disturbances
or collisions arise, or should be threatened, it is
absolutely incumbent on the Executive Govern-ment
however painful the duty, to take care dial
the laws are faithfully maintained. And he can
regard only the actual state of things as il exisied
at the date ofthe treaty and is bound to protect
all inhabitants who were iheu established and who
now remain north and east of the line of demark-ation,
in the full enjoyment of their liberty and
property, according to Ihe provisions of lhe 9th
arlicle of lhe treaty ; in other words, that all
must be now regarded as New Mexico which
was possessed and occupied as New Mexico by
citizens of Mexico at the dale of the tresly. until
a definite line of boundary shall be established
by competent authority. This assertion of duty
to protect the people of New Mexico from threa-tened
violence, or from seizure to be carried into
Texas for trial for alleged offences against Texan
laws, does not al all include any claim of power
on the part ofthe Executive to establish any civil
or military government within that territory.
7 fiat power belongs exclusively lo lhe Legisla-tive
<!eparimenl, and Congress is the sole judge
of lhe lime and manner of creating or authorizing
any such governmenl. The duly of the Execu-tive
extends only lo lhe execution of laws and
the maintenance of treaties already in force, and
the (Toteciiou of all the people of the United
Stales in lhe enjoyment of lhc rights which those
treaties aud laws guaranty, It is exceedingly
desirable thai no occasion should arise for the ex-ercise
of the powers thus vested in the President
bv the constitution and lhe laws. Wilh what-ever
mildness those powers might be executed,
or however clear lhc case of necessity, yet con-sequences
might nevertheless follow of which no .
human sagacity can foresee cither lhe evils or lhe ,
cud.
Having thus laid before Congress thecommu-nication
of his Excellency the Governor of Tex-,
as, and the answer thereto, and having made j
such observations as 1 have thought the occasion i
called for, respecting consliluiional obligations
which may arise in the further progress of things,
and mav devolve on me 10 be performed, 1 hope
1 shall not be regarded as stepping aside from the
line of duty, notwithstanding that I am aware that
lhe subject is now before both Houses, if I ex-press
niv deep and earnest conviction of lhc pro.
priciy ofau immediate decision, or arrangement,
orsetilemcnt ofthe question el boundary between
Texas anil lhe Territory of New Mexico. All
co'uideraiions ofjustice, general expediency, aud
domestic tranquility call for this. It seems to
be, in its character and by position, the first, or
one of lhe first of the questions growing out of
the acquisition of California and New Mexico,
and now calling for decision.
No Government can bo established for New
Mexico ; either Stale or Territorial, until il shall
be first ascertained what New Mexico is, and
what are her limits and boundaries. These can-not
be fixed or known till the line of division be-tween
her and Texas shall be ascertained and es-tablished
; and numerous and weighty reasons
conspire, in my judgment, to show that this di-visional
line should be established by Congress,
wilh the assent ofthe Government of Texas. In
the first place ; this seems by far the most prompt
mode of proceeding by which the end can be
accomplished, lfjudicial proceedings were re-sorted
to, such proceedings would necessarily be
slow, aud years would pass hy, in all probability,
before the controversy could be ended. So great
a delay in this case ia to he avoided, if possible.
It would be every way inconvenient, and might
be the occasion of disturbances anil collisions.
For the same reason, I would, with die utmost
deference to the wisdom of Congress, express a
doubt of the expediency of lhc appointment of
commissioners, and of an examination, estimate
and an award of an indemnity, lo be made by
them. This would be but a species of arbitra-tion,
which might last as long as a suit al law.
So far as 1 am able lo comprehend lhe case,
the general lacls arc now all known, and Con-gress
is as capable of deciding on il justly and
properly now as il probably would be aficr the
report of commissioners.
If the claim of title on lhc part of Texas ap-pear
to Congress lo be well founded, in whole or
in part, il is in lhc competency of Congress lo
oiler her au indemnity for the surrender of that
claim. In a case like this, surrounded as it is
by many cogent considerations, all calling for
amicablc adjustment and immediate si illcmeut,
ihe Government ol (lie United Slales would be
justified, in my opinion, in allowing an indemni-ty
to Texas, not unreasonable aud extravagant,
but fair, liberal, and awarded iu a just spirit of
accommodation.
I think no event would be hailed wilh more
gratification by the people of lhe United Stales
'ban lhe amicable arrangement of questions of
difficulty, which have now for a long time agitat-ed
the country, and occupied 10 the exclusion of
other subjects, ihe time aud attention of Con-gress.
Having thus freely communicated lhc results
of my own rellrclions on lhc most advisable,
mode ol adjusting lhe lioundary question, I shall
nevertheless cheerfully acquiesce in any other
mode which the wisdom of OoOflOM may devise.
And in conclusion, I repeat my conviction that
every consideration of the public IntOfesI mani-fests
ihe necessity of a provision hy Congress
for lhe settlement of this boundary question be-fore
the present session he brought to a close.
Theselllemeiil ol oilier questions connected, wilh
lhc same subject, wilhin the same period, is
greatly to be desired ; but the adjustment of this
appears lo me 'o be iuibe highest degree impor-tant.
In the train of such an adjustment, we may
well hope that there will follow a return of har-mony
and good will, an increased aitachuiem to
ihe Union, aud the general satisfaction of the
country. MfLLAUD PU.tMORE.
FROM Ma. WEBSTER, SECRETARY OF STATE,
TO GOV BELL, OF TEXAS.
DEPASTVKNT or STATE, )
Washington, August 6, 1850. {
Sia: A letter addressed by you to the late
President of the United Slates, and dated on the
14th uf June last, has, since his lamented decease,
been transferred to ihe hands of his successor, by
whom 1 am directed to transmit to you the fol-lowing
answer:
In that letter you say lhat hy the authority of
the Legislature of Texas, the Executive n| that
Stale, in February last, despatched a special com-missioner,
with full power and instructions lo ex-lend
the civil jurisdiction of that Stale over the
unorganized counties ol El Paso, Worth, Presi-dio,
and Santa Ee situated upon its northwestern
limits ; and thai the commissioner has reported
to you, in an official form, that the military offi-cers
employed in the service of lhe U. States,
stationed at Santa Fe, iulerposed adversely with
the inhabitant* to the fulfilment of his object, by
employing their influence in favor of ilujj estab-lishment
of a separate Stale Government east of
the Rio Grande, and withiu the rightful limits of
the State of Texas. You also transmit a copy
of lhe proclamation of Colonel John Munroe,
acting under the orders of the Government of die
United Stales, under lhe desfsfDStloa of Civil aud
Military Governor oflhe Territory ofNew Mex-ico,
and respectfully request ihe President lo
cause you lobe informed whether or not this of-ficer
has acted in (his mailer under the orders of
his Government, and whether his proclamation
meets wilh the approval ofthe President of the
Vnilcd Stales '.
In the events which have occurred, I hardly
know whether your Excellency would natural-ly
expect an answer lo this leiler from him.
His prtdrcessor in office, lo whom it was ad-dressed,
and under whose authority and direction
the proclamation of Colonel Munroe was issued,
is no more; and, al this lime, that proclamation,
whalcver may be regarded as its true character,
lias ceased to ha»e influence or etl'cct. The
meeting of the people i»f New Mexico, by their
representatives, which i! invited. Is understood lo
have taken place, although ihis Government has
as yet received no official information of it.
Partaking, however, in the full- si degree, in
that high respect which the Executive Govern*
men! of the United Stales alwavs entertains to-wards
the Governors and lhe Governments of
lhe Stales, the IV'sidcnt thinks it his duly, iicv.
trtheleaa, lo manifest lhat feeling of reaped, by
acknowledging and answering } our letter. And
this duly. Icl DM assure your Excellency, has
been so long d. layed only by uncontrollable cir
under orders from ihis Uovefrimem, invaded
this Depirtment with an armed force ; the Gov-ernor
fled at his approach and the troops under
his command dispersed ; mid General Kearny
entered Santa Fe, the capital, on the 18th of
August, 1846, and took possession of the Ter-ritory
in the name of die United Stales. On
the 22d of thai month he issued a proclamation
lo the inhabitants, staling tho fact that he had
taken possession of Santa Fe, at the head of his
troops, and announcing his " intention to hold
the department with its original boundaries, (on
both sides ofthe Del Norte,} and under the
name of New Mexico.'* By that proclamation
he promised to proteel the inhabitants of New
Mexico in their persons and property, aniast
their Indian enemies, and alt others, and assured
them that the United States intended to provide
for ihem a free Government, where the people
would be called upon to exercise the rights of
freemen in electing their own representatives lo
the Territor..! Legislature. Oil the same day he
established a Territorial constitution by anor-ganic
law, which provided for executive, legis-lative,
and judicial departments of the Govern-inent.
defined lhe right of suffrage, and provided
for trial by jury, and at the same lime establish-ed
a code of laws. This constitution declared
lhat *' the country heretofore known as New
Mexico shall be known hereafter and designated
as the Territory of New Mexico, in the United
States of America," and the members of the
lower House of the Legislature were appointed
among the counties established by the decree of
ihe department of New Mexico, of June 17th,
1814 ; which counties it is understood included
and that his intention was merely tq act in aid
of the people in forming a Slate constitution to
be submitted to Congress. Assuming then that
seen s constitution has been formed, what is ili
JJjjWj the disputed boundary? Ifileom-promiti
ihe rights of either psrtv to that question,
UMR 11 does not meet the Presiden' s approbniioii
for he deems it his duty \o ieive the setilenvntof
thai question to the tribunal to which it const!-
toiionally belongs. It is sufficient for him lhat
this boundary is in dispute; that the territory east
of the Rio del Norje seams lo be claimed in good
faith both by Texas and Now Mexico, or raiher
by the United Slales. Whatever might be his
judgement in regard lo their respctive rights, ho
has no power lo decide upon them, or even to ne-gotiate
in reyird to them; snd therefore it would
be improper for him lo express sfiy opinion.
The subject matter of dispute is between tho V-niled
Slates and Texas; snd not between the irir
habitants of New Mexico and Texas. If those
people should voluntarily coosent to come on*
der this jurisdiction of Texas, such consent
would not bind the United Ststes or lake sWsy
their title lo the territory. So, ou lhe other
hand, if they should voluntarily claim the title
for the U. Slates, i: would not deprive Texas of
her rights. Whatever those rights may be, they
can only be affected by her own arts or a judi-cial
decisiun. The State constitution formed by-
New Mexico ean have no legal validity until it
is recognized and adopted by die law raskinr
power ofthe Uniteu States. Until that is done
it has no sanction, and can have no effect upon
the rights of Texas or of lhe United States to the
territory io dispute. And it is not to be pre-all
the Territory over which Texas hss lately suroed that Congress will ever give iu ssnetion
attempted to otganize counties and establish her to that constitution without first providirur for
own jurisdiction. On Ihe 22d of December,
1816. a copy of this constitution and code was
transmitted by President I'olk to the House of
Representatives, in pursuance uf a call on him
by that body. In the message traiisinittiiur. the
constitution, he says that •• portions ol" it purport
Ihe settlement of this boundary. Indeed no Gov-ernment,
either Territorial or Sialc, can bo
formed (or New Mexico without providing for
settling ihis boundary. Hence lie regards the
formation ofthe State constitution as a mere nul-lity.
Il may be regarded, imlecd, as a petition trt
lo establish and organize a permanent Territo-j'"ongress to be admitted as a Stale,'but uiiiil
rial Government over the Territory, and lo im. Congress shall gram the. prayer of such petition,
part to iu inhabitants political rights which, un- hy legal enactment*, it affects the rights of nei-dcr
the couslhuliun of lhe United Slates, can be tiler party. But as il is the right of all to peii-enjoyed
permanently only by ciliiens of lhe t'- 'ion Congress for any law which il may consii-nitod
Stales. These have not luen approved toiionally pass, this people were in lhc exercise
and recognized hy mc. Such organized ragn- of a common right when they formed their con-laiions
as haie been established in any of the j slilution with a view of applying to Congress for
conquered Territories, for the security of our admission as a State, and as he thinks tho act
couquesl. for the nresenaiiun of order, for lhe ' can pr-judice no one, he feels bound lo approve
protection of the rights of the inhabitants, and ' of ihe conduct of Col. Munroe, in issuing hi,
lor di-privine; lhc enemy ol the advantages uf proclamation.
these Territories, whilo lhe military possession ! lam directed also to state lhat, iu the Presi-been
Oi laveii otiiy ny uncotiiroiiaDie rir-1 o;.f them b.y'... the Inrces. of, ilm ,United S,l,a,les„con-1 dent's opinion,, it would not li,e just to s-u„pp—ose
cunislances and is now p<>rformed al the earliest I '"""'"• """'i* ""*'»«*«^W«>w«f." Near thai the late Prijidenl desired lo manifest an/
practicable meant, altot the appointment of I f""r. vcarshnvc now elapsed since this quiui unfriendly altitude or aspect towards Texas, or
those head, of Departments, and their accept, j niil'lary Government was established, by mill- the claims of Texas. The houndarv between
with whom il is usual, on inipor- '">' au"'or"y. and received, with Ihe Sleep. Texas and New Mexico was known lo be dis-
Ibr the President ofthe lulled "°"s """""•n™. »'" approval of President Polk, puled ; and H was equally well known that lbs
In the meantime a treaty of peace has been co.i- Executiuc Government of the United Stales bad
eluded wilh Mexico, by which a boundary line ! no power lo settle that dispute. Il is believed)
was established thai left this Territory within 1'ial the Executive power has not wished—it
Ihe United Stats*, thereby confirming lo lhc U- , certainly does nol MOW wish—lo inirrfere with
niled Stales, by treaty, what we had before ac- lhat question in any manner whatever, aa a
quirod by conquest. The treaty, in perfect ac- question oflitlc.
cordnnec wilh ihu proclamation of Goneral Kear- In one of his last communication, to Congress,
ny, declared that the Mexicans r.maining in ihis , thai of lhe I7lh of June last, the late Presilent
' Territory should be incorporated ink) the Union j repealed Ihe declaration thai he had no power lo>
mice of offic
tUI occasions,
Siaies lo advise.
In answer, therefore, lo your first interroga-tory,
viz : whether Colonel Monroe, in issuing
lhe proclamation referred to, acted under lhe or-ders
of Ibis Government, 1 have the honor to slate
that Col. Monroe's proclamation appears to have
been issued in pursuance, or iu consequence of
an order, or lelier ol instruction, given by lhe
authority of lhe late President, to l.ieut. Col
McCall. Of Ihis order, which bean dale'on lhe , of,,.,c ?*™ 8*|* a.nd,bJ; al'">illed al lhe prop-; decide the queslion of boundary, and no desire lo
cr lime, (le be judged of by lhc Congress of lhe . interfere with it, and lhat the authority lo sctth.
United Slales.) lo ihe enjoyment of ail ihe rights ' that queslion resides elsewhere. The object of
ol citizens of lhc United Slates, according lo lhe j the Executive Government has been, as I believe,
principles of lhc constitution ;" and in the mean- and as I am authorized lo say il certainly now-time
"should be maintained and protected in the j is. lo secure the peace of lhe countrv ; to main-free
enjoyment of their liberty and properly, ! tain, as far as praclicahle, the stale of things as it
and secured in lhe free exercise of iheir religi on existed al lhe dale of iho treaty ; and lo uphold
without restriction. Thus it will be perceived and preservo the rights of the respective parties.
9th of November, ifliB, your BxeeUeae* mat
undoubtedly informed at the date of your letter.
A full anil accurate copy, however, is atlaehed
to this communication. Col McC.ill is therein
instructed mat if lhe people of New Mexico, for
whom Congress had provided no Government,
should manifest a wish lo lake any steps to as>
tablish a Government for ihemseliei, and ap-nlv
for admission inlo lhe Union, il would be ,,
hi. dut>, and Iho date of oibers wilh whom he I ■jff**™? l,'l'i
re.s" °>conquest 1 »"d die DO*
was associated, not 10 thwart, but to :,,|vanre -cssion held of ,I, in the first place, was ofcourse
Iheir wishes. This order does not appear »**«*»» P°™n. ' he Irea.y added .he
authorise toy exertion of military authority o, I,,,lc B>\.™,r" ,0 ,,,e aIread.v «'»""i?«'lc by
of any odin-il or even personal inierlcprnce, to
; that the authority ofthe Uuited States over New
control, W a fleet in any way, iln- primary ac-tion
ofthe people in lhe lurmaiinn of a (iovern-meni,
ur lo permit <»ny such interference by sub-ordinate
officers* Col* McCall and his associ-ates
were not called upon to take a lead in any
measure*, or even to recommend any thins ns
fit, lo be adopted hy the people. Their whole
duly was confined lo whet they illicit be able
to perform, subordinate IO the wishes of the peo-ple.
Iu this matter il was evidently cnntein-platcd
that they were to arias the agent* of lhe
inhabitants, and nol :is nllicers of this (iovern-meut.
li must be recollected that the only Go**
crnment then cxisii'ijj in lhe Territory was H
quasi military t.ovrrnniriil, and as lloogTesI
had made no provision for the establishment of
any form of civil Government, ami as lhe Presi-dent
dooblleSS believed thai under these circum-stances
the people had a right lo frame a t.ov-eruincut
for themselves, and submit it tot'ou-fressfoi
it* approval, the order was a direction
thai the then existing military Ooverniiknt should
nol stand in the way o( the accomplishment of
the wishes of the people* not thwart those wish-es
if the people entertained them, for the estab-lishment
of a free, popular, republican, ci.il Gov-ernment*
'or their own protection and heneiit.
This is evidently lhc whole pOTpoaa and object
ol (he Order. The military officer in comnund,
and his associates, were Anvr."in citizens, ac-quainted
with lhe forms of civil ami popular pro-ceedings,
and it was expected that tlmv would
aid ihe inhabitants of the territory, by their ad*
vice and assistance, in their proceeding- for es-tablishing
a Government ol iheir own. There
is no room lo suppose lhat Col. Monroe, an of-ficer
as much distinguished fur prudence and
discretion as for gallant conduct in arms, uieuil
to act, or did act. Otherwise than in cnlire sub.
ordination and subserviency to the will of (he
people imon| whom he was placed. He was
not authorised to do, nor do ! understand bitn
as intending lo do, anything whatever in lua
military character, nor lit represent in any way,
the wishes of the Executive Government of the
United States.
To iudm)• intelligent)v, and fairly ol these
transactions, WC most rej-ill to our rcoolleclion
the circqiiistances ofthe case, as ihcy then ex
successful achievements in arms. With the
peace, there arose a natural expectation that as
early as possible, there would come a civil gov-ernment
to supersede iho military. But, unlil
some such form of government should come into
existence, it was matter of absolute necessity
lhat the military governmen* should continue,
as otherwise the country must fall inlo absolute
anarchy. And ihis has been the course gener-ally,
iu the practice of civilized nations, when
colonies or territories have been acquired by war,
and their acquisitions confirmed by treaty.
The military governmenl therefore, existing in
New Mexico at the dale of the order, existed
there of inevitable necessity. It exisied as
a-, they were under the solemn guaranty of ihe
treaty, until the highly mlercsthig queslion ot
boundary should be finally settled by competent
authority. This treaty, which is now ihe su-preme
law of ihe land, declares, us before Slated*
that the inhabitants shall be maintained and pro-tected
in the free enjoyment of their liberty am!
properly, and secured io the free exercise of their
religion. Il will, of eouise, be (he President*-,
duty to see that this law is sustained, and tho
protection which it guaranties made olTeciual ;
and Uiis is the plain and open path of Executive
dutv, in which he proposes to tread.
Other transactions of a very grave charar-ler
are alluded to and recited iu your Excel
Icncy's letter. To those transactions I :mi now
directed not more particularly to advert, because
the only questions prop Minded by you re-ipe.-t
ihe authority under which ('o'oucl Munro? act-ed,
and the approval of his proclam itiou. Yonr
much against the. v ill ofthe Executive Govern , Excdlency's communication and (hi* answer will
incut ofthe United States al against the will ol I'"' immediately laid before Congress, and the
the people. The late President had adopted lhe | President will take lhat occasion to bring to it
opinion that il was.justiliablo in ihe people of j not''"f die transactions alluded to above.
the Territory, under the circumstances, to form ; . 'l '8 ^nnw" ln >'",,i" Excellency that uV qucs-a
OODJtlmilon of government, without any previ- j tio is growing out* f he acquisiii n of California
ons Minority Conferred by Congress; and there
upon to apply for admission inlo the .mm. It
was under this State of (dings, and under the iu-llueucc
of these opinions, that the ordiv ofthe
IU ili ofNovember last w s giver, and cxecuud
in the manner WS have seen. The order indi-cates
no boundary, and defines no territory, ex-cept
by lhc name of New Mexico ; and so far as
that indicated any thing il referred to a known
Territory, which had been organized under mil-itary
authority, approved by the Executive, and
left wiihout remonstrance or ailoralioii by Con-gress,
for more (ban three years. It ap|H'ars lo
the President that auch an order could nol have
been intended to invade the nghls uf Texas.
Secondly, you aok whcibcr (lie proclamation
of Col. Munroe meets with the approval of the
President of the United Stales !
To determine this question it M necessary lo
look al the objwt of the proclamation and the */■
Jeet of lhe proceedings had under il.
If lhe object was io assume the authority 4o
settle the disputed boundary wilh Texas, then
Ihe PfCSMSnt has oo hesitiiion in saying thai
such object does m.i meet, his approbation, be-cause
he docs not believe thai the. Executive
branch ofthia Government, or the inhabitants of
New.Mexico, or both comufnod.' hive any coii-stitolional
authority to settle that question.
. - ■ v, irtd ydu1 leach t *a\< ,.
ajm* or mere powtr oj numbers! consntuiing I ternary*. As aiyehwcwfctwl/SftboVeiswifcsna' I ^7ear4**atW you snd tew •.«.].t-uinJ
'* « 1 • kaft " . * K
kllll! l*lhi*
islcd. PreviooatO lb*" war wiih'Mexieo, which ' That belongs either lo ihe Judicial Denarliiicui
commenced in May, IMO, snd .received ilie I ofUVgeneral Govemment* or to the conenrreni
sanction of Congress on the 18th of thai moui|i action by sgreemen* ofthe l«ewislstivs Depart-
1 the Territory of New Mestico for metis Depsrt, ments of die Govnrnnlents of the* United States
nreni or Blot n| the Mexican Republic, snd WAS and lexai, But M has heen ralficieirlly aho'i fl
neveruTd a| n*j !**«. f*% v ' 11<> Nwjr« • linj ,h*' '•."l
f- Muni j JiaeTjm suclt>nj ri
snd New M xico, and Bjueng them the highly
impjrlant on; of the boundary of Texas, have
moodily < ngiged the ale ilio.i of both l!ou«cs of
Cocgrcf-s for many Hon.ha* and still ergige if,
with in ensc Interest. It is undersb o I thai the
Legislature of Texas will be shortly in losston,
and will have lhe boundary question also before
it. It is a delicate ff's'S iu our public affair-,
not free, cerliiuly, from possible dangers, but let
us conliduitly trust tint justice, irndcraiioir, am'
patriotism, and the love ofthe Union*, may i-i-spiic
such counsels, both in the Government ol
the United Slates mid that of Texas, as shall
carry the country through these dangers, ant'
bring it safely out of them all, and wilh renewed
assurances of tlie coniinu nit e of mutual roopect
and harmony in the great family of Sla'e*.
I have the honor to be, with entire regard,
vour Excellency'-, most obedient servant.
DANIEL WEBSTER
To his Excellency P. H. BKLI..
Governor nf Texas,
Tne fallowing epitaph, which. «c believe ,
inscribed on the tomb of I*idy Pombfokotis fii
most [>erle< l and besutiful we have ever seen ,
. " *' Beneath this stone doth lie.
As much virtue as could die;
Which, when alive, did vigor give
To li uiurh beauty as could live."
Tirtrity-n'At ton* '■/ rVoW.—The amouui
■fOalifomia gohl reeeived ai ihe mint in I'l
idelphin, .;< in Julv l-llh, is *I'.7.'IIMH»I. I
r freight of winch ibout ^wenty-nin.s t •*