EXECUTIVE MANSION, March 24, 1883. In lieu of Executive order dated May 19, 1882, setting apart certain lands in New Mexico as a reservation for the Mescalero Apaches, which order is hereby canceled, it is hereby ordered that there be withdrawn from sale or other disposition and set apart for the use of the said Mescalero Apaches and such other Indians as the Secretary of the Interior may see fit to locate thereon, the tract of country in New Mexico bounded as follows: Beginning at the northeast corner of township 12 south, range 16 east of the principal meridian in New Mexico; thence west along the north boundary or township 12 south, ranges 16, 15, 14, and 13 east to the southeast corner of township 11 south, range 12 east; thence north along the east boundary of said township to the second correction line south; thence west along said correction line 12 miles; thence south 12 miles; thence east 6 miles; thence south to the thirty-third degrees of north latitude, as established and marked on the ground by First Lieut. L. H. Walker, Fifteenth Infantry, U.S. Army, in compliance with Special Orders No. 100, Series of 1875, Headquarters District of New Mexico; thence east along said thirty-third degree of north latitude to its intersection with the range line between ranges 16 and 17 east; thence north along said range fine to place of beginning. CHESTER A. ARTHUR.
Presidential Order
⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02)
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Executive Order—New Mexico Mescalero Apaches Land
Executive Brief • At a Glance
⏱️ 1 min read (237 words) •
● In Effect
🎯 Primary Mandate
There be withdrawn from sale or other disposition and set apart for the use of the said Mescalero Apaches and such other Indians as the Secretary of the Interior may see fit to locate thereon, the tract of country in New Mexico bounded as follows: Beginning at the northeast corner of township 12 south, range 16 east of the principal meridian in New Mexico; thence west along the north boundary or township 12 south, ranges 16, 15, 14, and 13 east to the southeast corner of township 11 south, range 12 east; thence north along the east boundary of said township to the second correction line south; thence west along said correction line 12 miles; thence south 12 miles; thence east 6 miles; thence south to the thirty-third degrees of north…
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Chester A. Arthur on March 24, 1883, this order concerns New Mexico Mescalero Apaches Land. There be withdrawn from sale or other disposition and set apart for the use of the said Mescalero Apaches and such other Indians as the Secretary of the Interior may see fit to locate thereon, the tract of country in New Mexico bounded as follows: Beginning at the northeast corner of township 12 south, range 16 east of the principal meridian in New Mexico; thence west along the north boundary or township 12 south…
Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.
Key Directives & Operative Actions
▪
There be withdrawn from sale or other disposition and set apart for the use of the said Mescalero Apaches and such other Indians as the Secretary of the Interior may see fit to locate thereon, the tract of country in New Mexico bounded as follows: Beginning at the northeast corner of township 12 south, range 16 east of the principal meridian in New Mexico; thence west along the north boundary or township 12 south, ranges 16, 15, 14, and 13 east to the southeast corner of township 11 south, range 12 east; thence north along the east boundary of said township to the second correction line south; thence west along said correction line 12 miles; thence south 12 miles; thence east 6 miles; thence south to the thirty-third degrees of north…
Constitutional & Societal Entities Impacted
🏛️ Armed Forces & Military Establishments
Policy Areas & Topics
🏛️
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
⚖️✨ Zone 2 (Zone of Twilight)
§
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Madisonian Stance: Vigilant / Cautionary
AH
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
Hamiltonian Stance: Strong Prerogative Support
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Anti-Federalist Stance: Eternal Vigilance Required
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
⚖️ Discretionary Twilight Zone
26 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Low Friction
Federalism & State Sovereignty
Confined strictly to internal federal jurisdiction, federal property, or direct military command.
Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers
Moderate Friction
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
Benchmark: Concurrent Authority / Congressional Silence
⚖️
Audit Synthesis
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
237
1,385 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
20.7
Post-Graduate Legal
Text size:
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📜
Scholarly & Legal Citations
Exec. Order, New Mexico Mescalero Apaches Land (Mar. 24, 1883), https://executiveordersarchive.org/orders/app-executive-order-new-mexico-mescalero-apaches-land.
