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SOUTHERN TRIBUNE. rfMHatt v. tikit, *r Wln . B. B AP.RI SO N , WM B. HARRISON, i asd 5 Editors. WM. 3. LAWTON, > MESSAGE OP THE PRESIDENT, On tike Tem« Boundary Qnettiob. To the Senate and House of Representatives 1 herewith transmit to the two Houses of Congross, a letter from his Excellency the Governor of Texas, ilated on the 14th day of June last, addressed to the late President of the United States, which, not having been answered by him, came into roy bauds on his death; and I also trans mit a copy of the answer which 1 felt it to be my duty to cause to be made to that communication. Congress will percieve that the Govern or of Texas officially slates, that by author, ity of the Legislature of that Stete, he despatched a special Commissioner, with full power and instructions to extend the civil jurisdiction of the State over the or ganized coun'ies ofElPasso, Wo th, Pre sido, and Santa Fe, situated on its north western limits. He proceeds to say that the Commis sioner had reported to him, in an official form, that the military officers employed in the service of the United States, sta tioned at Santa Fe, interposed adversely, with the inhabitants, to the fulfilment of his object, in favor of the establishment of a separate State government, east of the Rio Grande, and within the rightful limits of the State of Texas. These four coun ties which Texas proposes to establish and organize, as being within her own ju risdiction extend over the whole of the territory east of the Rio Grande, which has here ofore been regarded as an essen tial and integral pat t of the Department of New Mexico, and actually governed and possessed by her people, until con quered and severed from the Republic of Mexico by the American arms. The Legislature of Texas has been called together by the Governor, for the purpose, a3 is understood, of maintaining her claim to the territory cast of the Rio Grande, and of establishing over it her own jurisdiction and her own laws by force. These proceedings of Texas may well arrest the attention of all brauches of the Government of the United States, and I rejoice that they occur while Congress is yet in session. It is, I fear, far from be ing improbable that, in consequence of those proceedings of Texas, a ctisis may bo brought on which shall summon the two Huuses of Congress— and still more emphaiicully the ExecutiveGoverument to an immediate readiness for the perform ance of their respective duties. Dythe Constitution oftheUuited States, the President is c nstituted commander in chief of the army and navy, and of the millitia of the several States, w hen called into the actual service of the United States. Ihe Constitution declares, also, that he shall take care that the laws be faithfully executed, and that he shall, from time to time, give the Congress information of the state of the Union. Congress has power by the Constitution, to provide tor calling forth the militia to execute the laws of the Union; and suit able and appropriate acts of Congress have been passed, as well for the Provid ing for calling out the militia,aß for placing other suitable and efficient means in the hands of the President, to enable him to discharge the constitutional functions of hia-office. fho second section of the act of the twenty-eighth of February, seventeen hundred and ninety-five, declares, that whenever the laws of the United States shall be opposed, or their execution ob structed, in any State, by combinations too powerful to be suppressed by the otdina. ry course of judicial proceedings, or the power vested in the marshals, the Presi dent may ._•»!! forth the militia, so fat as may be necessary, to such comidnations, and to causo the laws to bo duly execu ted. By the act3 of March 3, 1607, it is pro- j vided in all cases of obstruction to the laws, either of the United States or any individual State or Territory, where it is lawful for the President to call forth the militia for the purpose of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, waeh part of the land or naval force of the Huited States as shall bejudged necessary. These several enactments are now in full force ; so that if the laws of the Uni ted States are opposed or obstructed, in w any State or Territory, by combi nations too powerful to be suppressed by the judicial or civil authorities, it becomes « case in which it is the duty of the Presi dent, either to call out the militia or to employ military and naval force of the United Staets, or to do both, if in bis judg ment the exigency of the occasion shall so require for the purpose of suppressing such combination. The Constitutional duty of the Presi. dent is plain and peremptory; and the authori’y vested in him by law, for its per formance, clear and ample. Texas is a State authorized to maintain her own laws, so far as they are not re pugnant to the Constitution, laws and trea ties of the United States ; to suppress in surrections against her authoriiy, 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 confin ed entirely within the limits of Texas her self. She can possibly confer no authori ty which can be lawfully exercised beyond her own boundaries. All this is plain, and hardly needs argu ment or elucidation. If Texan militia, therefore, march into any one of the other States, or into any Territory of the Uni ted States, there to execute or enforce any law of Texas, they become at that mo ment trespassers; they are no longer 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 combina tion as is too powerful to be supprssed by by the civil authority, the President of the United States has no option left to him, but is bound to obey the solemn injunction of the Constituton, and exercise the high powers vested in him by that instrument and by the acts of Congress. Or, if any civil posse, armed or unarmed, enter into any Territory of the United States, under the ptoiection of any laws thereof with intent to seize individuals to bo carried elswheru for trial for al ledged offences, and this yrojse be too pow erful to be resisted by the local and civil authorities, such seizure or attempt to seize is to be prevented or resisted by the ! authority of the United Stales. The grave and important question now arrises, whether there be in the Territory of Now Mexico any existing law of the United States, opposition to which, or the obstruction of which, would constitute a case calling for the interposition of the authority vested in the President. The Constitution of the United States declaies 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 un. dor the authority of the United States, shall be the supreme law of the land.”— If, therefore, New Mexico be a Territo ry 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 upheld accord ingly. In the letter to the Governor of Texas, my reasous are given for believing that New Mexico is now a Territory of the United States, with the same extent and the same boundaries which belonged to it, while in the actual possession of the Re public of Mexico, and before the late war. In the early part of that war, both Cali fornia and New Mexico were conquered by the arms of the United States, and were in the military possession of the Uni ted States at the date of the treaty of peace. By that treaty the title by conquest was confirmed, and these territories, provin ces, or departments, separated from Mexi co forever; and by the same treaty certain important rights and securities were so lemnly guarantied to the inhabitants tesi ding therein. By the fifth article of the treaty it is de clared that "The boundary line between the two Republics shall commence on the Gulf cf Mexico, three leagues from the land oppo site the mouth of the Rio Grande ; other, wise called the Rio Bravo del Norte, or opposite the mouth of its deepest branch if it bhould have than one branch emptying directly into the sea; from thence up the middle of that river, follow ing the deepest channel where it has more than one, to the point where it strikes the southern boundary of New Mexico; thence westward'y along the whole southern boundary of New Mexico, (which runs north of the town called Paso,) to its west ern termination ; thence northward along the western line of New Mexico, until it intersects the first branch of the River Gi la, (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 Colora do, following the division line between Upper and Lower California to the Pacific ocean.” The eighth article of the treaty is in the f dlowing terms : "Mexicans now established in the Ter ritories previously belonging to Mexico, and which remain f«r the future within the limits of the United States, as defined by the present treaty, shall be free to con tinue where they now reside, or to re move at any time to the Mexican Repub lic, retaining the property which they pos sess, in the said Tenitories, disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this acoount, to any contri bution, tax, or charge whatever. "Those who shall prefer to remain in the said Territories may either retain the title of Mexican citizens or acquire those of citizens of the United States. But they shall be under the obligation tomake their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said Territories after the expiration of that year, without having declared their intention to retain the chtracter Mexicans, shall be considered to have elected to be come citizens of the United States. “In the said Territories property of ev ery kind now belonging to Mexicans not established there, shall be inviolably re spected. The present owners, the heirs of these, and all Mexicans who may here after acquire said propery by contract, shall enjoy, with respect to it, guaranties equally ample as if the sane belonged to citizens of the United Staes. rne ninth article of the treaty is in these words: "The Mexicans who, in the Teritory aforesaid, shall not presene the character of citizens of the Mexican Republic, con formably with what is s ipulated in the preceding article, shall be incorporated into the Union of the Uni’ed Slates and he admitted at proper time (*r> be judged of by the Congress of the United States,) to the enjoyment of all the rights of citi zens of the United Stares, according to the principles of the Constitution ; and in the meantime shall bo maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion, without re striction.” It is plain, therefore, on the face of those treaty stipulations,that all Mexicans estab- lished in territories north or east of the line of demarkation already mentioned, c <me within the protection, of the ninth article; and that treaty, being a part of the supreme law of the land, does extend over all Mexicans, and assures to them perfect security in the free enjoyment of theii liberty and property, as well as is 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 by other legal provisions; and if it be obstructed or resisted by combi nations too powerful to be suppressed by the civil authority, the case is one which comes within the provision of the law, and which obligoa the President to enforce these provision. Neither the constitution nor the laws, nor my duty, nor my oath of office, leave me any alternative, or any choice in my mode of action. Iho Executive Government of the United States has no power or authority to determine what was the true line of boundary between Mexico and the United States before the treaty of Guadaloupe Hidalgo, nor lias it any such power now, since the question has become a question between the States of Texas and the Uni ted States. So far as this boundary is doubtful, that doubt can only be removed by some act of Congress, to which the as sent of the State of Texas may be neces sary, or by some appropriate mode of le gal adjudication ; but in the meantime, if disturdances or collisions arise or should be threatened, it is absolutely incumbent on the Executive Government, however painful the duty, to take care that the laws he faithfully maintained ; and he can re gard only the actual 6taie of things as it existed at the date of the treaty, and is bound to protect all the inhabitants who wete then established, and who now re main north and east of the line of demar cation, in the full enjoyment of their lib erty and property according to the provi sions of the Bth article of the treaty; and in other words, all must be now regard, ed as New Mexico w hich was possessed and occupied as New Mexico by citizens of Mexico at the date of the treaty, until a definite line of boundary shall be estab lished by competent authority. This as sertion “f duty to protect the people 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 exclude any claim of j power on the part of the Executive to es tablish any civil or military government within that Territory. That power belongs exclusively to the legislative department, and Congress is the sole judge of the time and manner of creating and authorising any such governments. The duty of the Executive extendsonly to the execution of laws and the mainte nance of treaties actually in force, and the protection of the rights which those trea ties and laws guarantee. It is exceedingly desirable that nooccaaion should arise for the exercise of the powers thus vested in the President by the Con stitution and the laws. With whatever mildness those powers might beexecuted, or however clear the case ofnecessity, yet consqtiences might nevertheless follow, of which no human sagacity can foresee ei ther the evils or the end. Having thus laid before Congress the communication of his Excellency the Go vernor of Texas, and the answer thereto and having made such observations as I have tho’t 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 lam aware that the subject is now before both Heuses, if I express my deep and earnest conviction of the importance of an immediate decision, or arrangement, or settlement of the question of boundary between Texas and the territory of New Mexico. All considerations of justice, general expediency, and domestic Iran, quilty call for this. It seems to be, in its character and by position, the first, or one of the first, of the questions growing out of the acquisition of California and New Mexico, and now requiring decision. No government can be establshed for New Mexico, either State or Territory, until it shall be first asertuined what New Mexico is, and what are her limits and boundaries. These cannot be fixed or known, till the line of division between her andTexas shall be ascertained and established—and numerous and weighty reasons conspire, in my judgment, to show that divisional line should be established by Congress, with the assent of the govern ment of Texas. In the first place, this seems by far the most prompt mode of pro ceeding, by which the end can be accomp lished. lfjudical proceedings were resor ted to,such proceedings would necessarily be slow and years would pass by, in all probability, before the controversy could be ended. So great a delay, in this case, is to be avoided if possible. Such delay would be every way inconvenient, and might be the occasion of disturbances and collisions. For the reason, I would, with the utmsot deference to the wisdom of Congress, express a doubt of the expe diency of the appointment of commission ers, 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 all known, and Congress is as capable of deciding on it, justly and properly now, as it probably would be after the report of the Cornission ers. If the claim of title on the part of Texas appears to Congress to be well founded, in whole or in part, it is in the compeiency of Cougress to offer her an indemnity for the surrender of that claim. In a case like this, surrounded as it is, by many cogent considerations, all calling for an amicable adjustment and immediate settlement,the Government of the U. States would be justified, in my opinion, in al lowing an indemnity to Texas, not unrea sonable and extravagant, but fair, liberal, and awarded in a just spirit of accommo dation. I think no event would be bailed with more gratification by the people of the United States, than the amicable adjust ment of questions of difficulty, which have now, for a longtime, agitated the country, to the exclusion of other subjects, the at tention of Congres. Having thus freely communicated the results of my own reflections, on the most advisable mode of adjusting the boundary question, 1 shall, nevertheless, cheerfully acquiesce in any other mode which the wisdom of Congress may devise. And, in conclusion, 1 repeat my conviction, that every consideration of the public in terest,manifests the necessity of a provision byCongress for the settlement of this boun dary quest ion,before the present session be brought to a close. The settlement of other questions connected with the same subject, willtin the same period, is greatly to be desired : but the adjustment of this sppears to me, to be in the highest degree impor tant. Itt the train of such an adjustment, ; we may well hope that there will follow a return of harmony and good w ill, an in creased attachment t<« the Union, and the general satisfaction of the country. MILLARD FILLMORE. Washington, August 6, 1850. From the Southern Press. On the 9th of August, on motion of Mr Bayi.y, the House of Representatives went into Committee of the Whole on the state of the Union, Mr. Bcet in the Chair, when Mr. Stephens, of Ga., addressed the House on the President's recent meessage. Heconceived that paper to beat variance withthe Constitution, and dangerous to the rights and liberties of the people. The Coustiutioii did riot confer on that officor the powers he had therein assumed. He (the President) says he is sworn to excute the laws, and to secure the obser vance of the Mexican treaty, he is author ized under the laws of’9s, to use the mili tary force without act of Congress. Mr. S. held the contrary of this position, m toto. He could not call out forces, except when the execution of an adjudica tion of a court of justico was opposed.— The clause in the act of ’95, (from which Mr. S. quoted) he held,only referred to ca ses where the judgment of a court was be ing enforced. It was the businessot'the Ex ecutive to see to the execution of the nea ty, according only to the previous action of Congress directing bow it should be exe cuted. It was the business of Congress to declare what were the rights of these Mex icans under the treaty, whereupon the President was hound then to see them ac corded to the inhabitants of this territory acquired from Mexico. There was no law defining what were those rights. Could the President put his hands intothe treas ury and pay the twelve millions (that obli gation being equally a part of the treaty,) without special law of Congress? When the Treaty (of Ghent,) with Eng land was ratified, there was no effort on the part of the President to carry out its pro visions until after Congress bad passed a law declaring how it should bo carried into effect. Mr. S. argued this point atlength. The only authority on which he (the President) had claimed the right to appeal to arms, was the law of ’95, authorizing him to use the miiita only, and that, too, in case of obstruction to thejudgment of courts. He defied any one to show by what law the President was authorized to call out the militia even, except to carry out thejund ment of a court under a previously enacted law of Couress. I he principle for which Mr. S. contend ed, was older than our Constitution. It was that of the Mayna Charta —that no freeman should be molested except by or for judgment of his peers. This principle was also incorporated in our Constitution , to prove which Mr. Stephens quoted that instrument. No man could he seized and tried under the Constitution, ex cept for violation of a law. Therefore, it was preposterous to bold that a man could be rightfully shot down by the military power of this Government, for doing that for which he could not be punished, when arraigned before some legal tribunal of tins country. He (the President) could not say that the jut isdicti 3ti of Texas could not extend up to Santa Fe, as he had said, without viitually deciding the boundary dispute. Mr. Moore inquired whether the annex ation resolutions did not say that the Gen eral Government should determine the boundaries of Texas? Mr. S. replied in the negative. Had Mexico not put up the claim for territory east of the Rio Grande.no power on earth would have disputed the claim of Texas to this strip of territory. The only out standing claim being extinguished, the claim of any other party against Texas was preposterous. Mr. Stevens, of Pennsylvania, held that the United Slates was the assignee of Mexico. Mr. Stephens, of Georgia, denied the fact, Texas only permitted the United States to become the umpire between her self and Mexico, not the assignee of the latter The House, by a large majority, in vo ting that Mexico had spilled American blood on American soil, had acknowldged the right of Teyas to the territory in dis pute. Ho (Mr.S.) had originally denounc ed this declaration as untrue; but the na tion had affirmed it. Would Congress present the shameless front of now de claring that declaration to have been made in bad faith ? That would be saying to the world, that we bad gone to war at a cost of one hundred and fifty millions, and thousands of fives, to steal land from Mexico—such would be the declaration in this proposed change of front on the part of Congress. There was another grave question in volved in this controversy. This was whether Congress had the power to pass a law to coerce a State of this Union.— He would not discuss question now, how ever. Jackson had not dared to say that he would use force against South Carolina until Congress had expressly authorised him to do so. He could not say whether J exas would maintain her jurisdiction over the disputed territory or not. Were he a citizen of Texas, he should advocate the jurisdiction of that State there,to hang those forcibly combatting that jurisdiction, and to repel by force, any forcible effort of the general government to dispute its vali dity. Whenever the President of the United States, or bis officers, attempted to shoot down American citizens without au thority of law, he, for one, would go to the rescue. Mr. S. here drew an analogy between such advice as he was here giving Texas, and the course of our fathers in the War of independence. Ho approved highly of the conciliatory tone of the message, but if the government ever nttempt to car ry out the course for it laid down in that paper, his voice would be for war, and for the destruction of theThanged ted General Government. He was ?' peace, and for the preservation of t k. mon. which could only be preserved k' rightful, constitutional and just letri-| a . : y He denied the allegation of M«J °f Pennsylvania, that the South ast a' special legislation. She had only IT] co-equality and protection frn m dem.nS of this character coming constantlv r 2 r'h s - The South had done as much to arm.; the territory in dispute as the Northman! under the laws of nations, (as Mr S “ ted from Vattell to show) she was entE to enjoy lt w.th as many privileges in t territory as the North. He would § nev« he knowledge allegiance for a day to a r raC ' ment which arrayed itself against ih« oVern ‘ and social organization offo* sechoHf*,? Union. Seven millions of peonle ' the s.ly conquered, and it would be L well for S' North to estimate the cost to-dav ns f th ® It might be that the North woifld r ' m ° rrow South-that she might ciLn l ,nil C " ( ? qUer ,he race of grown up Southern cit.zen, bR"' sons would never come to this ball aga,„ J 0 elate in fraternity with thr North 8 10 M °- He held that the nmi-alavery sentim™, , the North was an unfounded and sickly D h‘ f bnlhropy . I, waß querulous—quarrelling with God Alm.ghty and finding fault with Nature 1 lie Negro s akin was as easy to be chamoolT Ins nature. The Bible said that .he Elliump.' could not change his skin nor the leonarTh spots. The next step in the anli-.|, V e™ w would be to follow the French Revolutioffof .8. They would attempt to dethrone the Deity himself. Mr. Mann, of Massachusetts, wlio h here declaraed that he would rather see war pestilence and fnmine upon us tlmn slavery ei’ tended one inch, had also held doctrines, ,Vaf feet, saying lhat if the Scriptures justified slave ry, then Christianity was a mockeiy. Mr. Stephens, of Georgia, continuing went on to show that notone man more would be made a slave by the extension of the institution thus and that its diffusion would have the effect 0 f ameliorating the condition of the slave. And then he laid before the North the alternative declaring that the North was at liberty tomake war on this account if she would, the South having made up her mind to remain wholly on the defensive ' M ACON, G A SATUDRAY AFTERNOON, AUGUST 17 o*We are indebted to the Hon. P. Soul*, of the Senate, and Messrs. R. Toombs and J. R. Orr, of the House,for valuable public documents, for which they will please accept our thanks. IITWc have been requested to state that the President of the Macon & Western Railroad has reduced the fare on that road to one-half the customary rates for those who wish to attend the great Mass Meetingin Macon on THURSDAY, 22d inst.; and that the other Railroad Compamel have been solicited to, and will doubtless do the same. The departure of the cars will be so ar ranged as to prevent any delay or disappoint ment at Atlanta or elsewhere on the route. We therefore renew the invitation already given to the People of Georgia to come up to Macon tit that time, cn masse and enfoule. The following gentlemen, among others, have been invited to attend, addresses front many of whom, may lie expected, viz : Messrs. Bagby, Berrien, Barnwoli, Butler, Brown, Benning, J. A. Campbell, Colquitt, Clemens, Crawford, Gibson, Hammond, Howard, Hunter, Harris, Iverson, Inge, J. W. Jackson, Johnson, Mortor, Meade, McDonald, Memntingcr, Moses, Orr, Porter, Pugh, Rlictt, Soule, Seddon, Strong, Shorter, Stiles, Troup, Turney, Toombs, Vena ble, Wallace, Woodward, Yulee and Yancy. New Cotton.—The first bale of new Cotton in our market, was received in this city on the • 2th inst. from the plantation of Mr. I. Davis, near Oglethorpe in Macon county. It required a field 0f250 acres to be picked over twice to obtain the bale which weighed only 285 pounds, was of “middling fair” quality, and sold at 13 cents per pound. The first bale last year was received here on the 13th of August, from the plantation of Mr. J. B. Ross in Houston county. It was of“good middling" quality, and sold at IO.J cents. Late from Europe. —The steamer Pacific has arrived, bringing Liverpool dates to the 31st ult. Cotton had advanced from an }d. to jd since the sailing of the Cambria The sales of the four days amounted to 47,000 bales, of which speculators and exporters took 25,000. The Danish and Holstein question is exciting general discussion in England. Should the British trade in the Baltic be interfered with, it will become the duty of the Eugland to protect her interests. War has afttually commenced be tween Denmark and the Duchies, and on the 25th of July the hostile armies met at Adstcd — the Danes numbering 40,600, and the Holstein ers 30,000 men. The battle lasted eleven hours beforo victory decided for the Danes, with the loss on both sides of 7000 men. Later Still —The Pacific has arrived bring ing Liverpool dates to the 3d inst. Cotton hid again advanced Jd. Fair Orleans is qunted at Bjd. The saies of the week amount to 119,C0G bales, of which speculators took 71,000. (CpThe California Bill passed the Senato on the 13th inst. by a vote of 34 to 18, and it i* *»'<• the other measures will be hurried through by the majority. In view of this, the Southern members have determined to insist upon the line 0f36 30, being applied to California and the Territories, and will refuse to rote supplies un til the North meets them on this ground. That is right,— let our men adhere to this and they will certainly got it, or do better. O’ Mr. Clemens lias introduced s bill i n the Senate to confer the title of Lieutenant General upon Major General Winfi*ld Scott, as a token of the public regard for his distinguiA* ed services in behalf of the liberties of the coun try. “Harry of the West" had better keep * sharp look out, lest “Greek meet Greek. O’David Reid, the Democratic candid* 1 * for Governor of North Carolina, has been elect* by upwards of3ooo voles, and both branches 0 the Legislature ere Democratic The returns from Missouri are in favor the anti-Benton party