Harper's New Monthly Magazine, Volume 1, No. 4, September, 1850Various
History
Harper's New Monthly Magazine, Volume 1, No. 4, September, 1850
Various
American literature -- Periodicals; Civilization -- Periodicals; Culture -- Periodicals
In the House of Representatives, no business of importance has been
transacted. The Civil and Diplomatic Appropriation Bill has been
discussed, and efforts have been made to change the existing rules of
the House so as to facilitate public business; but nothing important has
been done.--On the 6th of August President FILLMORE sent to the House a
Message, transmitting a letter he had received from Governor BELL, of
Texas, announcing that he had sent a commissioner to extend the laws of
Texas over that part of New Mexico which she claims, and that he had
been resisted by the inhabitants and the United States military
authorities. The President says in his Message that he deems it his duty
to execute the laws of the United States, and that Congress has given
him full power to put down any resistance that may be organized against
them. Texas as a state has no authority or power beyond her own limits;
and if she attempts to prevent the execution of any law of the United
States, in any state or territory beyond her jurisdiction, the President
is bound by his oath to resist such attempts by all the power which the
Constitution has placed at his command. The question is then considered
whether there is any law in New Mexico, resistance to which would call
for the interposition of the Executive authority. The President regards
New Mexico as a territory of the United States, with the same boundaries
which it had before the war with Mexico, and while in possession of that
country. By the treaty of peace the boundary line between the two
countries is defined, and perfect security and protection in the free
enjoyment of their liberty and property, and in the free exercise of
their religion, is guaranteed to those Mexicans who may choose to reside
on the American side of that line. This treaty is part of the law of the
land, and as such must be maintained until superseded or displaced by
other legal provisions; and if it be obstructed, the case is regarded as
one which comes within the provisions of law, and which obliges the
President to enforce these provisions. "Neither the Constitution or the
laws," says Mr. FILLMORE, "nor my duty or my oath of office, leave me
any alternative, or any choice, in my mode of action." The Executive has
no power or authority to determine the true line of boundary, but it is
his duty, in maintaining the laws, to have regard to the actual state of
things as it existed at the date of the treaty--all must be now regarded
as New Mexico which 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 established by competent authority. Having thus indicated the
course which he should pursue, the President expresses his earnest
desire that the question of boundary should be settled by Congress, with
the assent of the government of Texas. He deprecates delay, and objects
to the appointment of commissioners. He expresses the opinion that an
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