Newspaper Page Text
for the Brahmin, tvlio again lifted up his voice and
said:—
“ Mav it please your Highness ! Let me declare
to you that it was neither the dog nor the cat that
caused all this misery, but the Fly and the Honey!”
“ The fly and the honey ! The fly and the honey!” j
exclaimed the astonished Rajah.—“ What honey, j
and what fly •’
And, as this was a perfectly new idea, the assem
blvlistened with profound attention while the holy
man unfolded the true history of the case. His j
having seen the strauger, and warned the people a
gainst him. How accurately he had observed the
drop of honey dabbed against the wall. Then the
approach of the fly, the sly gliding of the lizard, the j
wily creeping of the cat, and the stealthy, vindict
ive* movements of the dog —involving all these
creatures in much pain and difficulty, and which af- j
terwards overspread the city.
“ Hold, learned man,” cried the Rajah,” thou hast j
well said; my eyes are opened! ” aud he desired
search'to be made for the man who had too well !
earned the title of Mischief-Maker. But he was no
where to be found or heard of; and the poor flour
dealer, among the prisoners with a ban
daged head, declared that the villian had not even
paid for the honey that had caused the whole tu
mult.
“ Well,” exclaimed the Rajah, after a profound
pause; ‘‘here now may most plainly be seen a proof
-—if any such were required —that my subjects on
ly want a pretext, no matter what, to quarrel, and
they are sure to go to loggerheads.
“ I throw no blame upon either the cat or the
dog ; for each animal followed its own peculiar in
stinct. The blame and the punishment too, must
light upon the owners of the dog and cat for fight
ing, and thus inducing others to espouse so ridicu
lous a quarrel.”
And forthwith be ordered all the principal rioters
into confinement, saying also to the rest of the peo
ple :
“Go home, now, fools that ye are, and try whether
vou cannot make up your minds to live at peace with
one another. I cannot prevent your keeping cats
and dogs, because, were I to do so, we should be de
voured by vermin, or exposed to robbery. But this
I tell vou, you shall not turn yourselves iuto cats
and dogs for the future with impunity—Depart !”
So they all sneaked olF; and the active little man
whose head somebody had broken, scratched it and
said;
“Only think how well that strange fellow knew us
all!” ___
THIRTY-FIRST COXGRESS-First Session.
WASHINGTON, Aug., G, 1650.
U. S. SENATE.
The following message was received from the President of
the United States by the hands of Edmund M. Evans, Esq.,
his Private Secretary.
Washington, August G, 1850.
To the Senate and Home of Representative* :
I herewith transmit to the two Houses of Congress, a let
ter from his Excellency the Governor of Texas, dated on the
l Hh 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 answer which I have felt it to be my duty to cause to
be made to that communication.
Congress will perceive that the Governor of Texas official
ly states that, by authority of the Legislature of that State,
lie despatched a Special Commissioner, with full power and
instructions to extend the civil jurisdiction of the State over
the unorganised counties of El Faso, Worth, Preside, and
Santa Fe, situated on the north-western limits.
He proceeds to say the Commissioner had reported to him,
in an official form, that the military officers employed in the
service of the United States, stationed at Santa Fe, interpo
sed adversely, with the inhabitants, to the fulfilment of his
object, in favor of the establishment of a separate State Gov
ernment east of the Rio Grande, and within the rightful lim
its of the State of Texas. The four counties which Texas
thus proposes to establish and organise, as being within her
own jurisdiction, extend over the whole of the territory cast
of the Rio Grande, which has heretofore been regarded as
an essential and integral part of the Department of New
Mexico, and actually governed and possessed by her people,
until conquered and severed from the Republic of Mexico by
the American arms.
The Legislature of Texas has been called together by her
Governor, for the purpose, as is understood, of maintaining
her claim to the territory east of the Rio Grande, and of es
tablishing over it her own jurisdiction and her own laws by
loree.
These proceedings of Texas may well arrest the attention
of all branches of the Government of the United States ;
and I rejoice that they occur while the Congress is yet in
session. It is. I fear, far from being impossible that, incon
sequence of these proceedings of Texas, a crisis may be
brought on which shall summons the two Houses of Con
gress. and still more emphatically the Executive Government,
to an immediate readiness for the performance of their res
pective duties.
By the Constitution of the United States, the President is
constituted Commander-in-chief of the Army and Navy;
aud of the militia of the several States, when called into the
actual service of the United States. The Constitution de
clares also that he shall take care that the laws be faithfully
executed, and that he shall, from time to time, give to the
Congress information of the State of the 1 uion.
Congress has power, by the Constitution, to provide for
calling forth the militia to execute the laws of the Union ;
and suitable and appropriate acts of Congress have been
passed, as well for providing for calling forth the militia, as
for placing other suitable and efficient means in the hands of
the President to enable him to discharge the constitutional
functions of his office.
The second section of the act of the 28th of February,
1705, declares that whenever the laws of the T nited States
shall be opposed, or their execution obstructed, in any State,
by combinations too powerful to be suppressed by the ordina
ry course of judicial proceedings, or the power vested in the
marshals, the President may call forth the militia, so far as
may be neocssary to suppress such combinations, and to cause
the laws to be duly executed.
By the act of March 3d, 1807, it is provided that 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, such part of the land or na
val force of the United States as shall be judged necessary.
These several enactments are now in full force; so that if
the laws of the United Suites are opposed or obstructed, in
any State or Territory, by combinations too powerful to be
suppressed by the judicial or civil authorities, it becomes a
case in which it is the duty of the President cither to callout
the militia or to employ the naval and military force ot the
United States; or to do both, if in his judgment the exigen
cy of the occasion shall so require for the purpose of suppres
sing such combinations. The constitutional duty of the Pres
ident is plain and peremptory, and the authority vested in
him by law for its performance clear and ample.
Texas is a State authorised to maintain her own laws, so
far as they are not repugnant to the constitution, laws, and
treaties of the United States; to suppress insurrections a
gainst her authority, and to punish those who may commit
treason against the State, according to the forms provided
hy her own constitution, and her own laws. But all this pow
er 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 hardly needs argument or elucidation. If Texan
militia, therefore, march into any one of the other States, or
into any Territory of the United States, there to execute or
enforce any law of Texas, they become at that moment tress
passers; they are no longer under the protection of anylaw
ful authority, and are to be regarded merely as intruders;
and if, within such State or Territory, they obstruct any law
of the l nited States, either by power of arms or mere pow
er of nnnibers, constituting such a combination as is too pow
orful to be suppressed by the civil authority, the President of
the United States has no option left to him, but ho is bound
tp obey tks solemn injunction of the Constitution, and exer-
cise 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, with intent to seize individu
als to be carried elsewhere for trial, for alleged offences, and
this posse be too powerful to be resisted, by the local civil
authorities, such seizure or attempt to seize is to be prevented
or resisted by the authority of the United States.
The grave and important question now arises, whether ‘
there be in the territory of New’ 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 declares that “this
constitution, and the laws of the United States which shall j
be made in pursuance thereof, and all treaties made, or which 1
shall be made, under the authority of the United States, shall j
be the supreme law of the land.” If, therefore, New Mexi
co be a territory of the United States, and if any treaty stip
ulatiou be in force therein, such treaty stipulation is the su
preme Uuv of the land, and is to be maintained and upheld
accordingly.
In the letter to the Governor of Texas my reasons are j
given for believing that New’ Mexico is now a territory of the
United States, with the same extent and the same bounda
ries which belonged to it while in the actual possession of the
Republic of Mexico, and before the late war. In the early
j part of that war both California and New Mexico were con
quered by the arms of the United States, and w ere in the
military possession of the United States at the date of the
treaty of peace. By that treaty the t itle of conquest was
confirmed, and these Territories, Provinces, or Departments
, separated from Mexico forever; and by the same treaty cer
tain important rights and securities were solemnly guarantied
to the inhabitants residing therein.
By the fifth article of the treaty it is declared that,
The boundary line between the two Republics shall com
mence in the Gulf of Mexico three leagues from land, op
| positetlie 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 in
| to 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 Mexi
co : thence westwardly, along the whole southern boundary
; ot New Mexico, (which runs north of the town called Paso)
to its western termination; thence northward, along the
I western line of New Mexico until it intersects the first branch
of the river Gila; (or it 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 un
til it empties into the Rio Colorado; thence across the Rio
Colorado, following the division line between Upper and Low
er California, to the Pacific ocean.”
1 he eight article of the treaty is in the following terms :
“ Mexicans now established in territories previously belong
ing to Mexico, and which remain for the future within the
limits of the United States, as defined by the preselit treaty,
shall be free to continue where they now reside, or to re
move at any time to the Mexican republic retaining the prop
erty winch they possess in the said territories, or disposing
thereof, and removing the proceeds wherever they please,
without their being subjected on thus 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 the United States. But they shall be under
! the obligation to make their election within one year from
i the date of the exchange of ratifications of this treaty ; and
those who shall remain in the said territories after the expi
i ration of that year, without having declared their intention to
! retain the character of Mexicans, shall be considered to have
1 elected to become citizens of the United States.”
“ in the said territories property of every kind now belong*
: ing to Mexicans not established there shall be inviolably res
i peeted. The present owners, the heirs of these, and all Mex
i ieans who may hereafter acquire said property by contract,
j shall enjoy with respect to it guaranties equally ample as if the
■ same belonged to citizens of the United States.”
The ninth article of the treaty is in these words :
“ The Mexicans who, in the territories aforesaid, shall not
preserve the character of citizens of the Mexican republic
conformably with what is stipulated in the proceeding article,
I shall be incorporated into the Union of the United States,
and be admitted at the proper time (to be judged of by the
Congress of the United States) to the enjoyment of all the
rights of citizens of the United States, according to the prin
ciples of the constitution ; and, in the meantime, shall bo
maintained and protected in the free enjoyment of their lib
erty and property, and secured in the free exeriese of their
j rel igion without restriction.”
It is plain, therefore, on the face of those treaty stipula
: tions, that all Mexicans established in territories north of the
! line of demarkation already mentioned, conic within the pro
tection 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 them perfect security in the free en
joyment of their liberty and property, as well as in the free
I exercise of their religion; and this supreme law of the land,
! being thus in actual force over this territory, is to be main
tained and enforced until it shall be displaced or superceded
by other legal provisions; and if it be obstructed or restricted
by combinations too powerful to be suppressed by the civil au
thority, the case is one which comes within the provisions of
law, and which obliges the President to enforce those provi
sions. Neither the constitution nor the law, my duty or my
oath of office, leaves 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 what was the true line of
boundary between Mexico and the United States before the
treaty of Guadalupe Hidalgo ; nor has it any such power
now, since the question has become a question between the
j State of Texas and the United States. So far as this boun
dary is doubtful, that doubt can only be removed by some act
of Congress, to which the assent of the State of Texas may
he necessary, or by some appropriate mode of legal adjudi
cation ; but, in the meantime, if disturbances 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 are faithfully maintained. And he
can regard only the actual state of things as they existed at
the date of the treaty, and is bound to protect all inhabitants
who were then established and who now remain north and
: east of the line of demarkation, in the full enjoyment of their
liberty and property, according to the provisions of the ninth
article of the treaty ; in other words, that all must be now
regarded as New Mexico which was possessed and occupied
as New Mexico by citizens of New Mexico at the date* of the
treaty, until a definite line of boundary shall be established
by competent authority. This assertion of duty to protect
the people of New Mexico from threatened violence, or from
seizure to be carried into Texas for trial for alleged offences a
gainst Texan laws, docs not at all include any claim of power
on the part of the Executive to establish any civil or military
government within that territory. That power belongs ex
clusively to the Legislative department, and Congress is the
sole judge of the time and manner of creating or authorizing
any such Government. The duty of the Executive extends
only to the execution of laws and the maintenance of treaties
already in force, and the protection of all the people of the
United States in the enjoyment of the rights which those
treaties and laws guarantee. It is exceedingly desirable that
no occasion should arise for the exercise of the powers thus
vested in the President by the constitution and the laws.
\\ ith 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 communication of
his Excellency the Governor of Texas, and the answer
, thereto, and having made such observations as I thought the
, occasion called for, respecting constitutional obligations which
j >nay arise in the further progress of things, and may devolve
on me to be performed, I hope I shall not be regarded as step
ping aside from the line of duty, notwithstanding that I am
aware that the subject is now before both Houses, if I ex
press my deep and earnest conviction of the propriety 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 tranquility calls for this. It scorns 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 calling for decision.
No Government can be established for New Mexico, either
?m i ©1 or 11 jl ©it 111 h.
State or Territorial, until it shall be first ascertained wliat
New Mex.co is, and what are her limits, and boundaries.
These cannot be fixed or known till the line of division be
tween her and Texas shall be ascertained and established ; \
and numerous and weighty reasons conspire, in my judge
ment, to show that this divisional line should be established ;
by Congress, with the assent of the Government of Texas, j
In the first place, this seems by far the most prompt mode of
proceeding by which the end can be accomplished. If judi
cial proceedings were resorted to, such proceedings would
necessarily be slow, and years would pass by, in all probabili
ty, before the controversy could be ended. So great a delay
in this case is to be avoided, if possible. It would be every
way inconvenient, and might be the occasion of disturbance
i and collisions.
lor the same reason, I would, with the utmost deference
to the wisdom of Congress, express a doubt of the appoint
ment 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 ease, the general
facts are now all well known, and Congress is as capable of
deciding on it justly and properly now as it probably would
j be after the report of commissioners.
If the claim of title on the part of Texas appear to Con
gress to be well-founded, in whole or in part, it is in the coni-
I petenoy of Congress to offer her an indemnity for the surren
; derof that claim. In a case like this, surrounded as it is by
i many cogent considerations, all calling for amicable adjust
ment and immediate settlement, the Government of the U.
States would be justified, in my opinion, in allowing an in
demnity to Texas, not unreasonable and extravagant, but fair,
liberal, and awarded in a just spirit of accommodation.
I think no event would be hailed with more gratification
by the people of the United States than the amicable arrango
| ment of questions of difficulty, which have now for a long
: time agitated the country, and occupied, to the exclusion of
j other subjects, the time and attention of Congress.
Having thus freely communicated the results of my own
j reflections on the most advisable mode of adjusting theboun
j dary question, I shall nevertheless cheerfully acquiesce in any
other mode which the wisdom of Congress may devise.
And, in conclusion, I repeat my conviction that every con
sideration of the public interest manifests the necessity of a
provision by Congress for the settlement of this boundary
question before the present session be brought to a close. The
settlement of other questions connected with the same sub
ject, within the same period, is greatly to be desired; but
the adjustment of this appears to me to be in the highest de
gree important. In the train of such an adjustment, we may
! well hope that there will follow a return of harmony and
; good will, an increased attachment to the Union, and thegen-
I eral satisfaction of the country.
* MILLARD FILLMORE.
Executive Department, )
Austin, ( Texas,) June 14, 1850. j
’• —By authority of the Legislature of Texas, the Ex
ecutive of the State, in February last, dispatched a special
commissioner with full power and instructions to extend the
civil jurisdiction of this State over the unorganized counties of
El Paso, W orth, Presidio, and Santa Fe, situated upon its
north-western limits.
That commissioner has reported to me, in official form,
that the military officers employed in the service of the Uni
ted States, stationed at Santa Fe, interposed adversely with
the inhabitants to the fulfilment of his object, by employing
their influence in favor of the establishment of a separate
State Government east of the Rio Grande, and within the
right! ul limits of the State of Texas. I transmit to you here
with the proclamation of Col. John Munroe. acting under the
orders of tlie Government of the United States, under the
designation of Civil and Military Governor of the Territory
j of New Mexico.
I have very respectfully to request that your Excellency
j will cause me to be informed, at your earliest possible convc
! nicnee, whether or not this officer has acted in this matter
j under the orders of his Government, and whether his pro
j clatnation meets with the approbation of the President of the
i United States ?
W ith assurance of distinguished consideration, T have the
i honor to be your Excellency's most obedient servant,
P. If. BELL.
i To Tlis Excellency /. Tayi.or,
President of the United States.
_______
Department ok State, )
Washington , August 5, 1850. j
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 transfer to you the
following answer;
In that letter you say that, by the authority of the Ts'gis
! laturc of Texas, the Executive of that State, in February
J last, dispatched a special commissioner, with full power and
I instructions to extend the civil jurisdiction of that Stale over
• the unorganized counties of El Paso, Worth, Presidio, and
j Santa Fe, situated upon its north-western limits; and that
j the commissioner has reported to you, 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 his object, by employing their
! influence in favor of tlie establishment of a separate State
i Government east of the Rio Grande, and within the rightful
j limits of the State of Texas. You also transmit a copy of
; the proclamation of Col. John Munroc, acting under the or
ders of the Government of the United States, under the de
signation of Civil and Military Governor of the Territory of
j New Mexico, and respectfully request the President to cause
you to be informed whether or not this officer has acted in
i this matter under the orders of his Government, and wheth
er his proclamation meets with the approval of the President
j of the United States ?
In the events which have occurred, 1 hardly know wlictli
j er your Excellency would naturally expect an answer to this
j letter from him. Ilis predecessor in office, to whom it was
addressed, and under whose authority and direction the pro
clamation of Col. Munroe was issued, is no more; and at this
, time, that proclamation, whatever may be regarded as its true
: character, has ceased to have influence or effect. The mcet
i ing of the people of New Mexico, by their representatives,
| which it invited, is understood to have taken place, although
i this Government has as yet received no official information
j of it.
Partaking, however, in the fullest degree, in that high rc
* spect which the Executive Government of the United States
; always entertains towards the Governors and the Govern
| nients of the States, the President thinks it his duty, licver
i theless, to manifest that feeling of respect, hy acknowledging
I and answering your letter. And thisduty, let me assure your
Excellency, has been so long delayed only by uncontrollable
circumstances, and is now performed at the earliest practica
ble moment, after the appointment of those heads of de
partments, and their acceptance of office, with whom it is
usual, on important occasions, for the President of the Uni
ted States to advise.
In answer, therefore, to your first interrogatory, viz:—
| whether Colonel Monroe, in issuing the proclamation referred
to, acted under the orders of this Government, I have the
honor to state that Col. Munroc’s proclamation appears to
have been issued in pursuance, or in consequence of an order,
or letter of instruction, given by the late Secretary of War,
under the authority of the late President, to Lieut. Colonel
McCall. Os this order, which bears date on the 19th of No
vember, 1849, your Excellency was undoubtedly informed at
the date of your letter. A full and accurate copy’, however,
is attached to this communication. Col. McCall is therein
instructed that if the people of New Mexico, for whom Con
gress had provided no Government, should manifest a wish
to take any steps to establish a Government for themselves,
and apply’for admission into the Union, it would be bis duty’,
and the duty of others with whom he was associated, not to
thwart, but to advance their wishes. This order does not ap
pear to authorize any exertion of military authority, or of any
official or even personal interference, 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 subor
dinate effects. Col. McCall and his associates were not call
ed upon to take a lead in any measures, or even to recommend
any thing as fit to bo adopted by the people. Their whole
duty was confined to what they might be able 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 Govern- !
| ment. It must be recollected that the only Government then
existing in the Territory was a quasi military Government,
and as Congress had made no provision for tlie establishment
of any form of civil Government, and as the President doubt
less b Sieved that under these circumstances the people had ,
a right -o frame a Government for themselves, and submit it ‘
to Congress for its approval, the order was a direction that
the then existing military Government should not stolid in
the way of the accomplishment of the wishes of the people,
nor thwart those wishes, if the people entertained them, for
the establishment of a free, popular, republican civil Govern
ment, for their own protection and benefit. This is evident- ‘
ly the whole purpose and object of the order. The military
officer in command, and his associates, were American citi
zens, acquainted with the forms of civil and popular proceed
i ings, and it was expected that they would aid the inhabitants
of the territory, by their advice and assistance, in their pro
ceedings for establishing a Government of their own. There
is no room to suppose that Col. Munroe, an officer as much
distinguished for prudence and discretion as for gallant con
; duct in arms, meant to act, or did act, otherwise than in cn
! tire subordination and subserviency to the will of the people
among whom we was placed. lie was not authorized to do,
nor do l understand him as intending to do, any thing what
ever in his military character, nor to represent, in any way,
the wishes of the Executive Government of the U. States.
To Judge intelligently and fairly of these transactions, we
must recall to our recollection the circumstances of the case
as they then existed. Previous to the war with Mexico, which
commenced in May, 1846, and received the sanction of Con
gress en the 13th of that month, tlie Territory of New Mexi
co formed a Department or State of the Mexican Republic,
and was governed by her laws. General Kearney, acting
under orders from this Government, invaded this Depart
ment with an armed force; the Governor fled at his approach,
and the troops under his command dispersed; and General
Kearney entered Santa Fe, the capital, on the 18th of August,
1846, and took possession of the Territory in the name of the
l nited States. On the22d of that month he issued a pro
clamation to the inhabitants; stating the fact that lie had taken
possession of Santa Fe, at the head of his troops, and an
j nouncing his intention to hold the Department with its orig
| hial boundaries, (on both sides ot the Del Norte.) and under
j the name of New Mexico.” By that proclamation lie prom
j ised to protect 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 for
them a free Government, where the people would be called
upon to exercise the rights of freemen in electing their own
representatives to the Territorial Legislature. On the same
day lie established a Territorial constitution by an organic law,
which provided for executive, legislative and judicial depart
, mentis of the Government, defined the right of suff rage, and
. provided for trial by jury, and at the same time established a
code of laws. This constitution declared that “the country
; heretofore known as New Mexico shall be known hereafter,
I and designated as the Territory of New Mexico, in the Uni
ted States of America,” and the members of the lower
House of the Legislature were apportioned among the coun
ties established by the decree of the department of New
Mexico,of June 17, 1841; which counties it is understood in
cluded all the Territory over which Texas has lately attempt
ed to organize counties and establish her own jurisdiction.—
,On the 22d of December, 18 }G, a copy of this constitution
| and code was transmitted by President Polk to the 1 louse of
Representatives, in pursuance of a call oil him by that body.
In the message transmitting the constitution, he says that
“portions of it purport to establish and organize a permanent.
Territorial Government over the Territory, and to impart to
its inhabitants political rights which, under the constitution of
the L nited States, can be enjoyed permanently only by citi
zens of the I. nited States. These have not been approved
and recognised by me. Such organized regulations as have
been established in any of the conquered Territories, for the
security of our conquest, for the preservation of order, for the
protection of the rights of the inhabitants, and for depriving
i the enemy of the advantages of these Territories, while the
! military possession of them by the forces of the United
States continues, icill be recognized and approved.'’ Near
four years have now elapsed since this quasi military Govern
ment was established, by military authority, and received,
with the exceptions mentioned, the approval of President
j Polk. In the meantime a treaty of peace has been conclu
• ded with Mexico, by which a boundary line was established
that left this Territory within the United States, thereby con
firming to the United States, by treaty, what we had before
! acquired by conquest. The treaty, in perfect accordance with
1 tlie proclamation of General Kearny, declared that “the
Mexicans remaining in this Territory should be incorporated
into the Union of the I'nited States, and he admitted at the
proper time, (to be judged of by tiie Congress of the United
States,) to the enjoyment of all the rights of citizens of the
I nited States, according to the principles of the constitution;”
and in the mean time “should lie maintained and protected
in the free enjoyment of their liberty and property, and secu
red in the free exercise of their religion without restriction.”
j r llius it will be perceived that tlie authority of the United
States over New Mexico was the result of conquest; and the
I possession held of it, in the first place, was of course a milita
i ry posession. The treaty added the title by cession to the al
! ready existing title by successful achievements in arms. With
| the peace, there arose a natural expectation that, as early as
possible, there would come a civil government to supercede
tlie military. But, until some such form of government
I should come into existence, it was matter of absolute neces
sary that the military government should continue, a* o her-
I wise the country must fall into absolute anarchy. And this
has been the course, generally, in the practice of civilized na
! tions, when colonies or territories have been acquired by war,
: and their acquisition confirmed by treaty.
The military government, therefore, existing in New Mexi
i eo at the date of the order, existed there of inevitable nc
| cessity. It existed as much against the will of the Exeeu
! tive Government of the United States as against the will of
I the people. The late President had adopted tlie opinion that
it was justifiable in the people of the Territory, under the eir
cuinstanccs, to form a constitution of government, without
, any previous authority conferred by Congress; and thereup
on to apply for admission into the Union. It was under this
state of things, and under the influence of these opinions,
that the order of the 19th November last was given, and ex
ecuted in the manner we have seen. The order indicates no
boundary, and defines no territory, except by the name of
New Mexico; and so far as that indicated any thing, it referred
to a known Territory, which had been organized under mili
tary, approved by the Executive, and left without remon
strance 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 Colonel
Munroe meets with the approval of the President of the
United States ?
To determine this question it is necessary to look at the ob
ject of the proclamation and the effect of the proceedings
had under it.
If the object was to assume the authority to settle the dis
puted boundary with Texas, then the President has no hesita
tion in saying that such an object does not meet his approba
tion, because he does not believe that the Executive branch
of this Government,or the inhabitants of New Mexico,or
both combined, have any constitutional authority to settle
that question. That belongs either to the Judicial Depart
ment of the Federal Government or to the concurrent action
by agreement of the legislative Departments of the Govern
ments of the United States and Texas. But it has been suffi
ciently shown that Col. Munroc could have no such object,
and that his intention was merely to act in aid of the people
in forming a State constitution to be submitted to Congress.
Assuming then that such a constitution has been formed,
what is its effect upon the disputed boundary ? If it compro
mits the rights of either party to that question, then it does
not meet the President's approbation; for he deems it his du
ty to leave the settlement of that question to the tribunal to
which it constitutionally belongs. It is sufficient for him that
this boundary is in dispute; that the territory east of the Rio
del Norte seems to be claimed in good faith by Texas and
New Mexico, or rather by tlie United States. Whatever ,
might be his judgment in regard to their respective rights, lie
lias no power to decide upon them, or even to negotiate in re- .
gard to them; and therefore it would be improper for him to
express any opinion. The subject matter of dispute is be
tween the United States and Texas, and not between the in
habitants of New Mexico and Texas. If those people should
voluntarily consent to come under the jurisdiction of Texas,
such consent would not bind the United States or take away
their title to the territory. So, on the other hand, if they
should voluntarily claim the title for th® United States: it
would not deprive Texas of her rights. Whatever .those .
rights may be, they can only be affected by her otvn acts ofr a
judicial decision. The State constitution formed by New
Mexico can Lave no legal validity until it is recognised and
adopted by the law-making power of the United States. Un
til that is done, it has no sanction, and can have no efibet, up
on the right of Texas or of the United States to the territory
in dispute. And it is not to be presumed that Congress will
ever give its sanction to that constitution without first provi
ding for the settlement, of this boundary. Indeed, no govern
ment, either Territorial or State, can be formed for new
j Mexico, without providing for settling this boundary, lienee
| lie regards the formation of this State constitution as a mere
nuiity. It may be regarded, indeed, as a petition to Con
gress to be admitted as a State, but until Congress shall grant
; the prayer of such petition by legal enactments, it afiects the
| rights of neither party. But as it is the right of all to peti
tion Congress for any law which it may constitutionally pass,
’ this people were in the exercise of a common right when
j they formed their constitution with a view of applying to
Congress for admission as a State, and as he thinks the act
l can prejudice no one, he feels bound to approve of the con
i duet of Col. Munroc, in issuing his proclamation.
I am directed also to state that, in the President's opinion,
it would not be just to suppose that the late President desi
red to manifest any unfriendly attitude or aspect towards
Texas, or the claims of Texts. The boundary between Tex
as 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 be
lieved that the Executive power has not wished—it certainly
does not now wish—to interfere with that question in any
manner whatever, as a question of title.
In one of his last communications to Congress, tliat of the
lTtli June last, the late President repeated the declaration
, that he had no power to decide the question of boundary, and
no desire to interfere with it, and that the authority to settle
that question resides elsewhere. The object of the Kxoou
! tive Government has been, as I believe, and as I am authori
zed to say it certainly now is, to secure the peace of the coun
try; to maintain, as far as practicable, the state of things as
it existed at the date of the treaty, and to uphold and pre
j serve the rights of the respective parties, as they were under
the solemn guaranty of the treaty, until the highly interesting
: question of boundary should be finally settled by competent
authority. This treaty, which is now the supreme law of the
land, declares, as before stated, that the inhabitants shall be
j maintained and protected in the free enjoyment of their liber
ty and property, and secured in the free exercise of their re
ligion. It will, of course, be the President's duty to see that
’ this law is sustained, and the protection which it guaranties,
made effectual; and this is the plain and open path of Execu
tive 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 transac
’ tions lain now directed not more particularly to advert, be
! cause the only question propounded by you respecting the au
’ tliority under which Col. Mnnroe acted, an 1 the approval or
disapproval of his proclamation. Your Excellency's com
munication and this answer will be immediately laid before
! Congress, and the President will take that occasion to bring
to its notice the transactions alluded to above.
It is known to your Excellency that the questions growing
out of the acquisition of California 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 al
so 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, and patriotism, and the love of
J the Unh n. may inspire such counsels, both in the Govern
! ment of the L T nited States and that of Texas, as shall carry
| the country through these dangers, and bring it safely ont
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 Excellen
cy's most obedient servant, DAN'L. WEBSTER.
! To his Excellency P. 11. Bell.
Governor of Texas.
On motion of Mr. Douglas, the message of the President
and accompanying papers were laid on the table and ordered
to be printed.
CormjuinitTiiiT.
LETTER from WASIISSGTC.T.
Washington, Aug., 0, 1830.
The failure of the Compromise Bill has by no means dis
; couragcd the friends of peace, and it is yet hoped that anam
-1 ieable adjustment will be had of the question, so vital to the
’ continuance of the Union, and the well being of all its parts.
If no single bill can pass embodying redress for all the griev
ances of the South, separate bills will be tried, and from
present appearances, it seems almost certain with success.
You may rest assured there will be no adjournment of Con
-1 gross till the slavery question is settled.
The enemies of the Union North and South are bent on
; adjourning without doing anything; they prefer chaos to or
der; anarchy to law. The greater the confusion, the better
I is the chance of their promotion—their craving ambition nev
er rises above the consideration of self.
There are now three separate bills before Congress :
| one lor the admission of California, the other for the establish
ment of a Territorial Government in Utah, and a third for
the settlement of the boundary between Texas and New Mex
ico. ‘lhe Utah bill has already passed the Senate aud will
pass the House without adding the Wilmot proviso. In no
ease can the Wilmot proviso pass the present Congress, and
if the question is disposed of, the Wilmot-proviao men too,
arc dead and buried. If the South really wants to get rid of
; the nuisance, let the compromise bills piss, and the agitation
| at the North will at once cease, or become divested of all po
-1 litical importance and consequence.
i The admission of California is a foregone conclusion ; two
thirds of the Senators aud the same ratio of members of the
House arc directly in favor of it. Nothing but revolutionary
means resorted to on the part of Southern ultras can prevent
| legislation on the subject, and the enactment of the will of
the clearly ascertained majority. The question now is, is
the South justified in resorting to those means ? The rules
of the two Houses give to one fifth of the members the pow
er to call for the ayes and noes ; but no sane person will pre
tend that this rule was adopted for the purpose of giving to
one fifth of ail the members the power of controlling and
defeating the will of the majority. Such a rule would be j
subversive of the Government, and destructive to our liberal
Institutions. Ilcnce it is revolutionary. No government ;
can live under such a rule, if thus interpreted; it would no
longer be a government of the majority ; it would be a revi
val of the Polish Diet, with all its disastrous and suicidal con
sequences.
But the Ultras say that they resort to this means to prevent
! oppression—to resist the enactment of laws contrary to the
I Constitution. And who is to be the judge of what is oppres
sive and unconstitutional ?—One fifth of all the members ? Is
there no constitutional tribunal in the land upon which the
issue may be made legally, that is, in compliance with the
constitution? Have we not the Supreme Court of the Uni
ted States to appeal to ? And is not that tribunal composed
of gentlemen, a majority of whom are Southern men ? One
fifth of all the members then mean, not only to defeat legis
lation and the will of the majority, but they attempt also to ;
usurp the powers of the Judiciary, and to constitute them- j
selves the supreme judges of the law. What is this but
revolution ot the foulest, and most dastardly kind ? It is the
attempt to subvert the government without even as much as
assuming the consequences of such a daring and unlawful
act. The majority will not and dare not submit to it, and in
that case they would be held responsible tor the overthrow of
the Government.
There is nothing unconstitutional in the bare admission ot
California with a republican constitution, and nothing that the
South can complain of, as, an intolerable grievance or op
pression, if that admission be accompanied by oilier measure*
conceived in the spirit of conciliation. It is even extremely
doubtful if the division of California would not lessen the po
litical influence of the South, more than the admission of
her as a single State; for it is almost physically, certainly
morally certain, that slavery will never go to any part of it.
If Territorial Governments be established for Utah and
New Mexico without the Wilmot proximo, as will certainly
be done during this session, the South will have 140 right to j
‘ complain of an infraction of the constitution , and J the
Texas boundary is settled and a fugitive slave bill passed,
there will be nothing left to justify rebellion.
Mr. Pearce's bill for the settlement of the Texas bounda
ry is already before the Senate, and a hope is entertained that
it will pass this rery day. I may puaobiijr be able to announce
I its passage in a postscript. The provision# of the bill are sat
isfactory to Texas—so the Senators from Texas here pro
nounce it, and I have no doubt the people of Texas will be
i equally satisfied with it. It establishes the Northern bounda
ry at the 32nd parallel of North latitude to the one hundred
and third degree of west longitude, and then runs north in
a straight line to 36 degrees 30 minutes, and then east till it
strikes the undisputed territory of Texas. Mr. Douglas
means to erect the gap thus created between New Mexico and
Texas into an Indian Territory—the best thing to prevent
the contact of persons opposed to slavery with the negroes of
slave-holding Texas. If the bill passes in that shape as I
think it will, it will be a good and satisfactory bill.
The President has sent a message to Congress in regard
to Tex;is, and in answer to Gov. Bell’s protest. I leave it
ito the “Union*’ and other papers to find fault with it. I can
see in it nothing but an attempt to'settle the question, and an
; earnest appeal to Congress to do it, to prevent the collision of
j arms. The President cannot consistently with the act of
the late President, and the opinion of a large majority of the
United States allow Texas to invade New Mexico, carry off
prisoners, try, and hang them. This would put an end to the
constitutional power of the President. But what docs Mr.
Fillmore say in his message, or rather what does Mr “Webster
say for him ? He says, l must protect the people of New
; Mexico against an armed invasion; but Ido not pretend to
j have the right of establishing a civil or military gov
ernment there. By this single avowal he surrenders tho
i whole question, and I doubt much whether, if a commission
er, were now sent to New Mexico to organise the county of
I Santa Fe, he would meet any serious obstacle. The Presi
dent will only resist force, aiul this is according to his view
of the Constitution.
Again the President deprecates an appeal to arms, and
calls upon Congress to buy out Texas. If Texas has noth
ing to sell, why should he recommend to purchase a title l
lie says, “ Don't leave it to the Supreme Court—for that is a
chancery suit—don't appoint commissioners, because that im
plies delay ; do it note, and pay Texas, not extravagantly,
yet liberally for it."’ That is the eotnmmon sense view of
the message. The North is pleased with the theory, and will
i be induced to vote for the bill ; Texas (the South respective
ly) will receive the substantial benefits.
Mr. Henry S. Geyer, having declined the Department of
the Interior, Mr. Fillmore has offered it to Mr. MeKennon,
of Washington county, Pennsylvania. The War Depart -
i ment has been offered to Mr. Conrad, of Louisana. On the
whole these appointments look well.
ANTI-DISUNION.
P. S. Mr. Pearce's Texas bill ha.* passed tho Senate by
a vote of 30 to 20. It will no doubt, pass the Home also and
become a law. A—D.
Extract of a Lcttet from (olnmbns.
Columbus, August 7th, 1850.
Dr. Andrews— Dear Sir : The Citizen hist week was
vastly rich, and every body sought to hear it read, in groujw.
In fact, it* columns constitute the chief topic of conversation
everywhere I travel. At Americas, during the session of
the Supreme Court, it was read, 12 o’clock at night, to a
crowd of fifty, who shouted ever and anon, ‘"Hurrah for the
I Citizen.” I would now let Andy Dawson, healorer. He is
too insignificant for further notice. The Governor and h
i ought to be put in the same box, because the Governor di
rectly disgraced the State in hi* appointment of him.
I have been satisfied for some time, that there was a dorp
j lakl and extensive scheme, l*oth at the North and at tho
South, to produce a dissolution of the Union. It has now
been carried so far I don't believe it can be controlled. The
effort will now be ma le, openly to secede through a conron
; tion. X civil war, bloodshed, destruction of all property and
I the overthrow of all civil liberty will follow. It eauuot event
ually prevail, but when the contest is ended, there will lie no
thing left worth a government. My own course has long
since been taken—l shall cling to the Union and the Consti
tution, so long as they exist and protect me, in prr**> snd
, property, and ensure to me the blessings of liberty. A go
vernment that cannot defend itself against refractory ni**m
| bers in it* own bosom, is no government at all. If b-mcn
, ted citizens at the South, and religious fanatics at the North,
I have the power to annihilate the best government ever devi
sed by the wit of man, they will assuredly do it. because tho
1 two classes know no stopping place short of Ilcaven or of
ll—ll. Conservatism is laughed at; a love of law, order and
pea -e is branded as cowardice; love fur Washington, is ridicu
j led; respect for hi* ouin’ons is denounced as foolishness; ad
| miration S>r his woifei elicit* the contempt of all vile scoffers,
j These are sad, yet shameful truth*. I cannot be banished
j from my native land, because I will not yield my own opin
j ions to a band of usurpers. The original plar, I doubt not,
; was to shed tlie first blood on the borders of Texas, if that
| unpent-up Utica, lias any contraction of it* powers. Should
I there be no pretext for this, then the show will open in the
! benighted Kingdom of South Carolina. Aged intelligent
men are not doing their duty to prevent this catastrophe.—
The Fathers of suns and daughters are too slow in coming
forward to prevent the work of devastation. The property
j holder is unnerved by timidity for the safety of his dollars;
1 the slave-owners are phrenned by an insult from a fanatic,
1 The safety of the Republic hangs upon the middle classes..
The laboring classes will come forward, to a man, for the
preservation of the Union : These, with an Independent
Press to speak out the truth, may save the Republic. But
I they must come forward soon. Yours. Ac. AMICUS.
Meeting in .llonroe.
At a large meeting of the citizens of Monroe County, held
j 27 th ult., without distinction of party, in the Court Howe, to
i express their opinions on the several plans which hav e been
1 proposed for the adjustment of the slavery question.
On motion of J. K. Simmons, Esq., Dr. D. S. Bcr.nky
was appointed President, and W. S. Norman, Esq. Vico
• President.
The President on taking the Chair, addressed the meeting
| at length in an able argument in vindication of the bill re
j ported by the committee of thirteen, and expressed a willing-
I ness to accept the Missouri Compromise line, or any plan
| which will adjust the question satisfactorily.
On the motion of Col. Host. Mays, Dr. A. Bean, was
appointed Secretary.
On motion of E. G. Cabaniss. a committee consisting of
E. G. Cabauiss, John Powell, Reuben Wright, lliram Phin
azee, Thomas M. Speer, Mode Lcsuer, John K. Simmon*.
Aquila Cheney, Dr. T. K. Slaughter, anti Col. K. Mays was
I appointed by the Chair to report matter for ihe action of the
j meeting.
Th c committee retired and after a short interval returned
! and reported the following preamble aiul resolutions, which
were apopted separately and by large majorities :
[Preamble omitted on account of its great length.]
After a candid and dispassionate discussion of the princi
ples to which the South lias ever been attached, wc are led
j to the conclusion that we abandon no Southern right, and
submit to no indignity as Southern men, in acquiescing in the
! passage of the bill reported in the Senate of the United
| States, for the adjustment of the several questions relating to
■ slavery.
Ist. Therefore Resolved. That we, a portion of the peo
ple of Monroe County, highly approve of the efforts now be
i ing made in the Senate of the United States to adjust satis-
I faetorily the slavery question, and to free the country from
j the turmoil and excitement growing out of the agitation of that
; question, and we express a confident hope and ardent wish
[ that those efforts may be successful, and that Congress will
speedily resume her ordinary business of legislation.
2nd. Resolved, That we regard the Union of thoso
States, as an invaluable boon, not to be surrendered ** for
light and transient causes ’* —that under it our country has
prospered aud advanced in “ all that can exalt or embellish
civilized life” with unparalleled rapidity. And we would
regard its dissolution as the greatest calamity which can be
fall us, and will cling to it as long as we can do it without dis
honor and without a surrender of our dearest rights.
3d. Resolved , That in our opinion the provisions of the
bill reported iu the Semite of the United States by the com
mittee of thirteen, as it has been amended, conflicts with no
principle heretofore held sacred to the South—it can be ac
cepted by the North and South without a sacrifice of princi
ple by either. Wc therefore hail it as a peace offering on
the altar of our common country,and will chcrfully acquiesce
in its passage.
