This Constitution, and the laws of the United States which shall be
made in pursuance thereof, and all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme
law of the land.
If, therefore, New Mexico be a Territory of the United States, and if
any treaty stipulation be in force therein, such treaty stipulation
is the supreme law of the land, and is to be maintained and upheld
accordingly.
In the letter to the governor of Texas my reasons are given for
believing that New Mexico is now a Territory of the United States,
with the same extent and the same boundaries which belonged to it
while in the actual possession of the Republic of Mexico, and before
the late war. In the early part of that war both California and New
Mexico were conquered by the arms of the United States, and were
in the military possession of the United States at the date of the
treaty of peace.
By that treaty the title by conquest was confirmed and these
territories, provinces, or departments separated from Mexico forever,
and by the same treaty certain important rights and securities were
solemnly guaranteed to the inhabitants residing therein.