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hes?,V?K. O!F THE J PRESIDENT OK U. STATES* (IN THE TKXAS P.Ol'VIMRY Ql'KSTION. 7 V) the Senate a fid House of Represent aiivc : I herewith transmit to the two I louses of Congress a letter from his excellency the (Sovemor of Texas, 1 il... i i nam v? 11 I lit* I'HII OHV OI J MHO lUSt, addressed to the late President of ihe United States, which, not having ljccn answered by him, came into my hands, on his death ; and I also transmit a copy of the answer which I have felt it to be my duty to cansc '.o lin m nrln 4l?nl IIIIIMV << ?licit I UllllllllllinilllMI. Congress will perceive that the Governor of Texas officially states, that I?y authority of the Legislature of that Stale, he despatched a sperial ('ommissiom r, with full power and instructions to extend the civil jurisdiction of ihe State over the unorganised countries of F.I I'asso, ortll. l'l'osirlin. mifl IA. *.! <? * . ? *?*. K^UIIIU I. V1 OIHl" ated on its northwestern limits. Ho proceeds to say that tlie Commissioner had reported to liini, in an official form, flint the military officers Miiployed in tlie service of the Vnited States* Stationed at Santa Fe, interposed adversely, with the inhabitants, to the fulfilment of this object, in favor of the establishment of a separate S'.Vo government, east of the :?io c and within the rightful ful limits of the State of Texas.? MM r ----- mcsc lour counties which Texas proposes lb establish and organize, as neing within her own jurisdiction, exlend over the whole of the territory oast of tjie Hio Grande. which has heretofore been regarded as an essential and integral part of the Depart incnt of New M<xico, 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 railed Kr <! ?/? r inui *tj 11iu vuvi'iiiur^ ior iho purpose, as is understood- of maintaining her claim lothe territory oast of the Kio (irande, and of es-i tablislung over it her own jurisdiction and her own laws I>y force. These proceedings of Texas may well arrest 1 lie attention of all blanches of the Government of the I.'nitcd States, and I rejoice that they occur while the Congress is yet in session. It is, 1 fear, far from being improbable that, in consequence of fhesc proceedings of Texas, a crisis may be brouffht on wl>ir<li tl.nii mon the two Houses of Congress? and still more emphatically the Executive Ciovernment?to an immediate readiness for the performance of their respective duties. By the Constitution of the United States the 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 that the laws he faithfullV CYPPiitoft- mi/1 <! ? ? !??? "I---'1 r v ^ ivim iIKU in* Midi^ iruni j time to time. give to the Congress in formation of tho state of the Union. Congress lias power, bv the Constitution, to proviiie for railing 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 ( liable him to discharge the constitutional functions of his office. The second section of the act ofj the twenty-eighth of February, seven-1 i i - - * * .tn. lumeni/ii iiiid ninety live, cte- | clares, that whenever the laws of the United States shall he opposed, or their execution obstructed, in any State, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or the power vested in fho marshals, the , President may call forth the militia, so far as may he necessary, to suppress such combinations, and to cause the laws to he duly executed. By the act of March 3, 1807, it ir: provided that in all (,ises of obstructing in il.? I - -' <? * " TT " 1 .in. Mm.-, riiiii-roi me uimcci States or any individual St*.to or territory, whore it is lawful for tho Pros-1 idont to eaU forth the* militia for the purpose of causing the laws to bo duly executed. it shall be lawful for him to employ for the same purposes such part of Ihe land or naval force of the United Slates as shall be judged nceessary. These several enactments are now in Till force; so that if the laws of the United Siatos are opposed or obstructed. Ill aril' Sltlto or Im-i-UftMr ! ?' """" ?j - -.v.. .vi..iuijf?i7 '"in" binations loo powerful to l>e suppressed by the judicial or civil authorities, it becomes a case in which it is . the duty of the President, either to ??all out the militia or to employ the military And naval force of the United States, or to do both, if in his judgment the exigency of the occasion shall so require, for the purpose of sunoressiricr such c.om>un*i;^?o Ttie" eonalitutional duty of the President is plain and peremptory; and the authority vested in him by 1 law for its perforjnanee clear and am-1 pie. i^'a State authorized to1 maintain her own laws, so far us they I are not repugnant to the; Constitu- J tion, laws and treaties of the United I j States; to suppress insurrections aI gainst her authority, and to punish | those who may commit treason against tlie State, according to the ! forms provided by her constitution and her own laws. But all this power is local, and court..~.i ....4;..~i., n?i*_ _rl | IIIKU tiiuitiy wiuiiii IIIU J11111 b Ul j Texas herself. She ran possibly con- j for no authority which can be lawJ fully exercised beyond her own boundaries. All this is plain, and hardly needs j argument or < Jucidation. If Texas 1 militia, therefore, march into anyone 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 trespassers; they are no longer under the protection 01 any mwiui authority, and are to be regarded merely as intruders; and if within such State or 1 territory they obstruct any law of I the United States, cither by power of arms or mere power of numbers, ; constituting such a combination as is | too powerful to he powerful to be suppressed by the civil authority, the ! President of the 1 irted Ftates has ; no option left to him. but is bound to : obey the solemn injunction of the , Constitution, and exercise the high 1 powers vested in him by lhat instru-1 ; mcnt and by the acts of Congress. Or if any civil posse, armed or un-! armed, enter into any Territory of; l the United States, under the protection of the laws thereof, with intent i to seize individuals )o be rarricd elsewhere for trial for allodged offences, and this 110 use he too powerful to bo resisted by the local and civil authorities, such seizure or attempt to seize is to be prevented or resisted hy the authority of the Vnited States. The grave and important question now arises, whether there he 111 the | territory of New Mexico any existing law of the United States, oppo; sit ton to which, or the obstruction of which, would constitute a ease callins? for the internosition of ibn mi | thority vested in tlie President. The Constitution of the U. States declares that "this Constitution and the laws of the United Stales, which shall he made in pursuance thereof, and all the treaties made, or which shall be made, under the authority of the United Stales, shall be the su- j preme law of the laud." If, there-1 j fore. New Mexico be a Territorry of the United States, and if any treaty stipulation be in force therein, such ; i treaty stipulation is the supreme law ' of the land, and is to be maintained j i and upheld accordingly. In the letter to the Governor of Texas, my reasons are given for beI'eving that New Mexico is now a '1'erritory ot the United States, with , the same extent and the same houn- i claries which belonged to it while in ! the actual possession of the Republic of Mexico, and before the late war. In the early part of that war, both California and New Mexico were conquered bv the arms of the United States, and were in tho mili- j mi y jMir?M;oaiuu ui uiu <U lliil'U OltllCS at the date of the treaty of peace. By that treaty the til 1?? by conquest was confirmed, and these territories, provinces, or departments, separated from Mexico forever; and by the same treaty certain important rights j and securities were solemnly guaran-, tied to the inhabitants residing there- i id. By the fifth article of the treaty it is declared, that "The boundary lino between the ! two Republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise califd the liio Bravo del Norte, or opposite the mouth of its deepest Wan eh if it should have more than one branch, emptying directly into the sea; from thence up the middle of that river, follow ing the deepest chair el where it has more than one, to the point where it strikes the southern boundary of New Mexico ; thence west warrlly along1 the whole southern boundary of New Mexico, (which ! i runs nortii of the (own called Paso,)! to its western termination ; thence northward along the western line of New Mexico, until it intersects the first branch of the uvur CJilu, (in* if it 1 should not intersect any branch of; that river, then to the point on (he i said line nearest to such branch, and j i thence in a direct line to the same;) j | (hence down (he middle of the said 11 branch and of the said river, until it empties into the Kio Colorado; thence j I across (he Kio Colorado, following J i (lie division line between Upper and i Lower California, to the Pacific!" n/<nQri "in The rtfghth article of the treaty is in the following terms: < "Mexicans now established in Tar- i ritories previously belonging to Mex- ] ico, and which remain for the future ; within the limits of the United States, I i / it.--.**-- * as ciennen oy me present ireaiy, snail be free tr cohtinue whefe thoy nbw reside, Or 1o remore at any time to ( the Mexican Republic, retaining ihe < property which they possess in the said Territory, or disposing thereof, nnd removing the proceeds wherever they nlease, without their being subjected, on this account, to any contribution, tax, or charge whatever. ' Those who shall prefer to remain in the said Territories may either re tain the title and rights of Mexican citizens or acouire thnsn ftf ritiwns of the United States, iiut they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall j remain in the said Territories after the expiration of that year, without j having declared their intention to retain the character of Mexicans, shall be considered o have elected to become citizens of the United States. "In the said territories property of! every kind now belonging to Mexi- | cans, not established there, shall be inviolably rcspceted. The present owners, the heirs of these, and all Mexicans who may hereafter acquire j said property by contract, shall enjoy, | with respect to it, guaranties equally j ample a?. if the same belonged to citizens 0I1I10 United States.'1 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 Mexi- j can Republic, conformably with what is stipulated in the proceeding article, j shall be incorporated into the Union \ oil he I'nited States, and be admitted nt the proper time (to be judged of; by the ('ongress ef the United States) j to the enjoyment of all the rights of , citizens cf the United States, accord ing to the principles of the Constitu- ! lion: and in the meantime shall be j maintained and protected in the free i enjoyment of their liberty and the! property, and secured in the free ex- j ereise of their religion, without re- j striction." It is plain, therefore, on thefac of j these treaty stipulations, that all Alex ieans established in territories north or east of the line of demarkation al- | ready mentioned, come within the protection of the ninth article; and that the treaty, bein a part of the su- ' prcme law of the land, does extend over all such Mexicans, and assures to them perfect security in the free , enjoyment of their liberty and property, as well as in the free exercise of their religion; and this supreme law of the land being thus in actual force i over this territory, is to be maintained ' until it shall be displaced or supcrse- ! ded by other legal provisions; and if it I be obstructed or resisted by combi- | nations too powerful to 1 e suppressed : by the civil authority, the case is one I which comes within the provisions of the law, and which obliges the Pros- ! ident to enforce these provisions. Neither the constitution, nor the laws, nor my duly, nor my oath of office, leave me my alternative, or any choice in my mode of action. The Executive Government of the United State0 has no power or au tli irity to determine what was the ; true line of boundary between Mex- | ieoand the Unite*4 States before the : treaty of Guadalupe Hidalgo, nor ha< it any such power now,since the ! question has become a question be- [ twee a the State of Texas and the ; Unite d States. So far as this boun- | dar> i.; doubtful, that doubt can only be removed by some act of Congress, ! to which the assent of the State of j Texas may be necessary, or by some appropriate mode of legal adjudication; hut in the meantime if distur- i hances or collisions arUe or should J be threatened, it is absolutely incum- i bent on the Kxecutive Government, j however painful the duty, to take j r are that the laws be ftiithfiillv main-1 tained; and he ran regard only the ; actual stale of (hi gs as it existed at j the date of the treaty, and is bound to proteo* all inhabitants who were then established and who now remain north and east of the liiv of demarkation, in the full enjoyment of their liberty and property according to the provisions ol the Oth article of the treaty; in other words, all must be now regarded as New Mexico which was possessed and occupied as New Mexico by citizens of Mexico at the rlate of the treaty, until a definite line ol boundary shall be established , by competent authority. This asse?-1 lion 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 against Texan laws, does not all include any claim of power on the part of the Kxecutive to establish imy civil or milits ry government within that torritory. That power ; belongs exclusively to the legislative department, and Congress is the sole judge of the time and manner of ere filing or authorising any suce govenr?* menls. The duty of the Executive extends Dnly to the execution of laws and the maintenance of treaties actually in force, and the protection of all the people of the United States in the enjoyment of the rights which thoee treaties and laws guarantee* It is CXW.fidinoflv (lpurnhln nn i occasion should arise for the exercise of the powers thus vested ih the President by the Constitution and j the laws With whatever mildness -? ? ^jjP" 1 ? ? those powers might be executed, or however clear the case of necessity, yet consequences might nevertheless lollr w, of which no human sagacity can foresee either the evils or the end. Having thus laitj before Congress Hip rnmmnnipntmn r\f F Tic l^.vpnllon/?ir I the Governor of Texas, and the answer thereto, and having made such observations as ) have thought the occasion called for respecting constitutional obligations which may arise in the further progress of tilings, and may devolve on me to be performed, 1 hope I shall not be regarded as stepping aside from the line of my duly, notwithstanding that I am aware that the subject is now before both Houses, if 1 express my dec)) arid earnest conviction of the impor-' tancc of an immediate decision or ; arrangement, or settlement of the i question of boundary between Texas and the territory of New Mexico. All considerations of justice, general expediency, and domestic tranquility call for this. It seems to be, m 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 established for New Mexico, either State or Territory, until it shall be first ascertained what New Mexico is, and what arc her limits and boundaries. These cannot be fixed or known, till ii.? i:..~ ~r ? i.~< i * nit; niiu ui uimmuii uuiwt't'll nor R1KI Texas shall be ascertained and established?and numerous and weighty reasons conspire, in my judgment, to show that this divisional line should j be established by Congress, with the assent of the government of Texas. In the first place, this seems by far the most prompt mode of proceeding bv which the "lid can hn ac.rnmnlisti eel. If Judicial proceedings were resorted to, such proceedings would necessarily he 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, j and might be the occasion of distur-i bances and collisions. Por the same I reason, 1 would, with the utmost deference to the wisdom of Congress, express a doubt of the expediency of the appointment of commissioners, and of an examination, estimate, and mi award of idcinnity to be made by them. This would be but a species | of arbitration, which might lasv^s J iong as a suit at law. So far as I am able to comprehend ' the case, the general facts are now nil L'nfiurn nn/1 Pnnnfi-neo no amtiwvviai UUU VVII^n.O.I SO C? VUjm" 1 ble of deciding on it, justly and properly now, as it probably would be af-j ter the report of the commissioners. ! If the claim of title on the part of i Texas appears to Congress to be wed founded, in whole or in part, it is in the competency of Congress to oiler her an idenmity for the surrender of that claim. In a case like this, surrounded as it is by many cogent considerations, all calling for amicable adjustment and immediate settlement, the Government of the United States would be justified, in my opinion, in allowing an indemnity toTexas not unreasonable and extravagant, but fnir. liberal, nnrl nivmvlofl in a just spirit of accommodation. I think no event would be hailf j with more gratification by the people of the United States, than the amicable adjustment of questions of difficulty, which have now for a long time agitated the country, and occupied, to the exclusion of other subjects, the time and attention of Concrress. Having thus freely communicated the result of my own reflection on the most advisable mode of adjusting the boundary question, I shall, never heless, cheerfully acquiesce n any other mode which the wisdom of Congress mav devise. And, in conclusion, I repeat my conviction that every consideration j of the public interest manifests the ; necessity of a provision by Congress for the settlement of this boundury question, before the present session j be brought to a close. The settlenient of other questions connected ! with the same subject, within the j same period, is greatly to be desired; but the adjustment of this appears to mr to in the highest degree 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 the general satisfaction of the country. Millard 1< illmore. Washington, August 6, 1850. iTiLiikiy:<ir jmpWfttt ' tr" '' <H Indiana.?The cholera appears to be committing great ravages in this State. Almost every papor we have from Indiana contains n melancholy account of deaths from the fatal disease. Wc notice that Joseph Ushdr, late editor of the JefFersonville True Republican, fell a victim to it on the ult Sing-sirig prison was lately destroy cdhy Wtw ~"::f=rr?^? ' gsg -KKOWHK COUR1EK. I'l'iilay, ytuguxt 10, 1HSO. "With a view of accommodating our Sub scribers who live at a distance, the following gentlemen arc authorized and requested to act as agonts in receiving and forwarding Sub criptons to tlic Ksovke Courier, viz: Maj. W. S. Qkisiiam, at West Union. Edward Hughes, Esq., " Horso Shoe. E. P. Vkune&, Esq.. " Bachelor's Retreat M. F. Mitcuull, Esq.. " Pickensvillc. J. E. Hagood, *' Twelvo Mile. J. T. WauB. for Anderson District. Texas Boundary.?In another column will be found the Message of President Fillmore in relation to the difficulty between the Slate ofTexas and New Mexico. Accompany ing lliis docuniout is the letter of Gov. Bell, ol Texas, propounding certain interrogatories to the late Ad ministration, and the answers of Mr. Webster, Secretary of Slate, to these questions, both of which we shall lay before our readers next week. Mr. Fillmore is fairly out, and furnishes the most unequivocal evidence that he is determined to follow in the 'foot steps of his illustrious predecessor' in every thing tlmt relates to the South. He seems fully determined to carry out the views of Gen. Taylor in their strictest sense, so that, we gain nothing by the death of the latter, except perhaps the influence which Gen. Taylorv\ ?^uld have exercised at the SouLi, will all be lost to his succes sor, unci by that means the South w.li be more united under the present Administration than under the former. The Message holds that all dispu. ted territory East of the Rio Grande belongs to New Mexico?that it is the duty of the Executive to support the laws, and that if he finds il ne> e. sary, lie will call out the vyhole ar? my and navy of the United Slater, as well as the militia of the country for the protection of the portion of that territory claimed by Texas. The authorities of Texas arc equally dcte mined tc maintain what they deem their rights, and have already placed at the disposition of the Executive a large number of troops, with instructions to defend her right to the disputed land, even to the death. We may, therefore, not bo surprised to hear of actual collision between the r1 A . l r tl rni * * vjovcrimieiu ana lexas. I lie Aclmmislration may possibly be able to command tlie services of a very small portion of tlie urmy, and navy, but he will make a total failure when he undertakes to call out the militia of one State to cocrcc the citizens of another to any measure whatever. We should like to see this last operation, it would be something new under the sun. CONGRESS. In the Senate, August 5th, Mr. Pearce's bill providing for, and fixing the boundary of Texas, was passed by a vote of yeas 30, nays 20. The Bill takes from Texas all territory north of 36 30, and established for New Mexico the old boundaries set forth by Humboldt, as nearly as can be ascertained. The following is the principle provisionof the bill: ,,mi n. . / rn "incoiaic 01 i c. as will agree that her boundary on llie north shall commence at the point at which the meridian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees thirty minutes north Intiti de, and shall run from said point duo west to tlx .neridian of one hundred and three ^ . t* / degrees wesnrom Greenwich; 1 hence her boundary shall run due South to the thirty-second degree of north latitude, thence on the said paral' M of thirty-two degrees north latitude to the Kio Bravo del Norte, and thence with the channel of said river to the Gulf of Mexico." <1\ < tf i The bill is only off red to Texas for her acceptancc or rejection, and in the event she accepts, the.Governrnent is to pay her the sum off 10,000,000, in 5 per cent, stotfk, roclecrnable in fourteen years, with interest payable semi-annually. One half of this amount is to bo reserved as a set off to the pledge bonds, and will not be paid until that class of bond holders execute a release. * The South Carolina Senators voted against the bill, while the Texas Senators vot d reluctantly for it. \Ve are far from believing that this bill Will settle the difficulty of boundary, for we would be| loth to think jj that iexas sviil newt* of any such brib?. Wilms NV atek Falls.?In these sultry times many persons will seek the refreshing breezes, pure water, and fine scenery, which nlnnp is to be found near the mountains. And we know of no retreat more pregnant with the beauties of nature than the Jocassc Valley and White Water Falls. An excellent ioad leads from this place into the Valley, a distance of 20 miles, and wo unierstan 1 that such improvcmenent has been made ? .1 C iU? Xr_l! .. .1 iiiu i uau it viii me * aiiuy iti uiu f Falls as to render them quite ea3y of approach. Good accommodations may be had in the Valley within 2 miles of the Water Falls. | At a late meeting of the Bank o f the State of South Carolina, C. M. Furman was unanimously elected President, of that institution. THE DIFFICULTY AT CAPE M A V. Our contemporaries, in their telegraphic columns, having had something relative to a difficulty at this waierirg place, for the information of those whose curiosity may have been raised by the intimation contained therein, we lay before them a full and authentic accouut of the 'tempest in a teapot,' gleaned from a letter communicated to the Baltin n - * ' * more oun, 01 mc otn inst., .and dated Cape May, inst. It appears that on the 31st ult., there was a hop given at the Atlantic Hotcl.by subscription, which was largely attended, and every thing passed off pleasantly, until about ten o clock, when a gentleman of Baltimore was requested to hand a lady a glass cf claret punch. lie started on his mission, when one of the waiters refused to allow him fo take a glass, accompanying his refusal with crossly insulting language, tn wiiicl he wr.s sustained by a gentleman present from Philadelphia. Considerable excitement took plaqe fine h?*J I ui imo tiKu^ cummmc uuiumoreans j present, but it was concluded to let the matter stand until the ball was oyer, on the interference of some friends; but the assurance was given that the account would then be setI tied. The ball closed about 12 o'clock j and by that time all the Baltimcreans were notified of the fact. Scarcely had the ladies left the room, before the gentleman who had been so grossly insulted, demanded of the servant an explanation of his conduct, and the name of the Philadelphianwbohad sustained him in h'.s insolence, and who is understood to i iiuve immediately Jell the Island.? Having received 110 satisfactory information, and ralher more impertinence than a Baliimorean was willing to take, the servant was immemediately knocked down and measured liia length on the floor. This action on the nart of the in j suited Baliimorean brought about j one hundred colored servants into j the room in hostile array, who were I apparently watching for thedenoue menj. An indiscriminate fight immediately commenced, and the scene that ensued ia scarcely describable. Chairs, tumblers, decanters, pepperboxes, salt-cellars, and every thing that could bo urecl as a projectile was in immediate raquisition, and the way they flew through the air and drew the claret from the colored heads, will cause the battle of Cnnn Island to be more memorable than that of Pool's Island, especially as the whites gained the victory and I put the whole motley group to flight in the shortest possible time, retaining full possession of the dining room, and the surrounding buildings. It was not considered prudent to follow the matter further, and watch was set to guard ihe buildings during the night. The next day hostilities ceased, and the day after about half the servants refused to wait upon the table unless what they considereu sufficient nnn'norv ?* mmunuf? to them by the Mcrvltioders through the landlord, which they, considering themselves the aggrieved party, of course refused to accede to. How the dignity of the oftended darkeys was at length appeased we know not, but we understand that tranquility now prevails. A good joke is told of the TSotts Barbecue in Powhatan. When the guest of the oc casion had announced u: 1 -?' ** M m? usuai eiujmunc manner, With n knowing look nt the fair portion of his audience, that he was a candidfite for nothing except matrimony, an old gentleman in the crowd ex? claimed, so that all the ladies could hea.' "Ah well, I reckon you ran be elected to that?it only takes one vote,11 . The fVathin/rton The ' _< > uiwt/fc or. lunrcic 10 repiWPiW State of Georgia in that Monument, has been prepared at thdnljunfry of Col. Tnii, in Cherokee county, and it is probably on its way to Washington. It bears th? inscription 4 wisdom justice and moderation.*, ^Marietta Helicon.