the laws, nor my duty, nor 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 state of Texas and the United States. So far as this boundary is doubtful, that doubt can only be removed by some act of Congress, to which the assent of the state of Texas may be necessary, or by some appropriate mode of legal adjudication; but, in the meantime, if disturbances or collisions arise or should be threatened, it is absolutely incumbent on the executive government, however painful the duty, to take care that the laws be faithfully maintained; and he can regard only the actual state of things as it 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 demarcation, in the full enjoyment of their liberty and property according to the provisions of the 9th 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 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 against Texan laws, does 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 exclusively 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 guaranty.

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. With 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 have thought 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 that I am aware that the subject is now before both houses, 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 tranquillity, 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 established for New Mexico, either state or ter

ritorial, until it shall be first ascertained what New Mexico is, and what are her limits and boundaries. These can not be fixed or known till the line of division between her and Texas shall be ascertained and established; and numerous and weighty reasons conspire, in my judgment, to show that this divisional line should 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 by which the end can be accomplished. If judicial proceedings were resorted 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 same reason, I 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 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 commissioners. 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 competency of Congress 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 amicable adjustment and immediate settlement, the government of the United States would be justified, in my opinion, in allowing an indemnity to Texas, not unreasonable or 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 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 Congress.

Having thus freely communicated the results of my own reflections on the most advisable mode of adjusting the boundary 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 consideration 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 subject, within the same period, is greatly to be desired; but the adjustment of this appears to me to be 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.

SPECIAL MESSAGE.

AUGUST 8, 1850.

To the Senate and House of Representatives :—

IT has been suggested that the language in the first paragraph of my message to the two houses of Congress, of the 6th instant, may convey the idea that Governor Bell's letter to my predecessor was received by him before his death. It was addressed to him, but appears, in point of fact, to have been sent to me from the postoffice after his death.

I make this communication to accompany the message and prevent misapprehension.

SPECIAL MESSAGE.

SEPTEMBER 9 1850.

To the Senate of the United States :

In compliance with the request of the Honorable Manue Alvarez, acting governor, &c., I have the honor to transmit to the senate herewith a copy of the constitution recently adopted by the inhabitants of New Mexico, together with a digest of the votes for and against it.

Congress having just passed a bill providing a territorial government for New Mexico, I do not deem it advisable to submit any recommenda. tion on the subject of a state government.

SPECIAL MESSAGE.

SEPTEMBER 23, 1850.

To the Senate and House of Representatives :

HAVING been informed that it is the wish of the family and relatives of the late lamented president of the United States that his remains should be removed to the state of Kentucky, and being desirous of manifesting the most sincere and profound respect for the character of the deceased, in which I doubt not Congress will fully concur, I have felt it to be my duty to make known to you the wishes of the family, that you might, previous to your adjournment, adopt such proceedings and take such order on the subject as in your wisdom may seem meet and proper on the

occasion.

FIRST ANNUAL MESSAGE.

DECEMBER 2, 1850.

Fellow-Citizens of the Senate and of the House of Representatives :

BEING suddenly called, in the midst of the last session of Congress, by a painful dispensation of Divine Providence, to the responsible station which I now hold, I contented myself with such communications to the legislature as the exigency of the moment seemed to require. The country was shrouded in mourning for the loss of its venerated chief magistrate, and all hearts were penetrated with grief. Neither the time. nor the occasion appeared to require or to justify, on my part, any general expression of political opinions, or any announcement of the principles which would govern me in the discharge of the duties to the performance of which I had been so unexpectedly called. I trust, therefore, that it may not be deemed inappropriate, if I avail myself of this opportunity of the reassembling of Congress to make known my sentiments, in a general manner, in regard to the policy which ought to be pursued by the government, both in its intercourse with foreign nations, and in its management and administration of internal affairs.

Nations, like individuals in a state of nature, are equal and independent, possessing certain rights, and owing certain duties to each other, arising from their necessary and unavoidable relations; which rights and duties there is no common human authority to protect and enforce. Still, they are rights and duties, binding in morals, in conscience, and in honor, although there is no tribunal to which an injured party can appeal but the disinterested judgment of mankind, and ultimately the arbitrament of the sword.

Among the acknowledged rights of nations is that, which each possesses of establishing that form of government which it may deem most conducive to the happiness and prosperity of its own citizens; of changing that form, as circumstances may require; and of managing its internal affairs according to its own will. The people of the United States claim this right themselves, and they readily concede it to others. Hence it becomes an imperative duty not to interfere in the government or internal policy of other nations; and, although we may sympathize with the unfortunate or the oppressed, every where, in their struggles for freedom, our principles forbid us from taking any part in such foreign contests. We make no wars to promote or to prevent successions to thrones; to maintain any theory of a balance of power; or to suppress the actual government which any country chooses to establish for itself. We instigate no revolutions, nor suffer any hostile military expeditions to be fitted out in the United States to invade the territory or provinces of a friendly nation. The great law of morality ought to have a national, as well as a personal and individual application. We should act toward other nations as we wish them to act toward us; and justice and conscience should form the rule of conduct between governments, instead of mere power, self-interest, or the desire of aggrandizement. To maintain a strict neutrality in foreign wars, to cultivate friendly relations, to reciprocate every noble and generous act, and to perform punctually and scrupulously every treaty obligation these are the duties which we owe to other states, and by the

performance of which we best entitle ourselves to like treatment from them; or if that, in any case, be refused, we can enforce our own rights with justice and a clear conscience.

In our domestic policy, the constitution will be my guide; and in questions of doubt, I shall look for its interpretation to the judicial decisions of that tribunal, which was established to expound it, and to the usage of the government, sanctioned by the acquiescence of the country. I regard all its provisions as equally binding. In all its parts it is the will of the people, expressed in the most solemn form, and the constituted authorities are but agents to carry that will into effect. Every power which it has granted is to be exercised for the public good; but no pretence of utility, no honest conviction, even, of what might be expedient, can justify the assumption of any power not granted. The powers conferred upon the government and their distribution to the several departments, are as clearly expressed in that sacred instrument as the imperfection of human language will allow; and I deem it my first duty, not to question its wisdom, add to its provisions, evade its requirements, or nullify its commands.

Upon you, fellow-citizens, as the representatives of the states and the people, is wisely devolved the legislative power. I shall comply with my duty, in laying before you, from time to time, any information calculated to enable you to discharge your high and responsible trust, for the benefit of our common constituents.

My opinions will be frankly expressed upon the leading subjects of legislation; and if, which I do not anticipate, any act should pass the two houses of Congress which should appear to me unconstitutional, or an encroachment on the just powers of other departments, or with provisions hastily adopted, and likely to produce consequences injurious and unforeseen, I should not shrink from the duty of returning it to you, with my reasons, for your further consideration. Beyond the due performance of these constitutional obligations, both my respect for the legislature and my sense of propriety will restrain me from any attempt to control or influence your proceedings. With you is the power, the honor, and the responsibility of the legislation of the country.

The government of the United States is a limited government. It is confined to the exercise of powers expressly granted, and such others as may be necessary for carrying those powers into effect; and it is at all times an especial duty to guard against any infringement on the just rights of the states. Over the objects and subjects intrusted to Congress, its legislative authority is supreme. But here that authority ceases, and every citizen who truly loves the constitution, and desires the continuance of its existence and its blessings, will resolutely and firmly resist any interference in those domestic affairs, which the constitution has clearly and unequivocally left to the exclusive authority of the states. And every such citizen will also deprecate useless irritation among the several members of the Union, and all reproach and crimination tending to alienate one portion of the country from another. The beauty of our system of government consists, and its safety and durability must consist, in avoiding mutual collisions and encroachments, and in the regular separate action of all, while each is revolving in its own distinct orbit.

The constitution has made it the duty of the president to take care that the laws be faithfully executed. In a government like ours, in which all laws are passed by a majority of the representatives of the people and