Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-12-25

e1lensn ',hes territory north of The Rio Grande,
ana ne IT,, sa;zsd and conquered. Their inhaei-
,,n,s have submitted, and no emoouieu oipoSs ~
sms;ms IN DISPUTE the military common OF oui
commanders over them. Under such e.su !.
stances. what became our risnis anu 49,
reference 10 these provinces, anu'hei, ''"a
under the law OF nations Inc pIl'naiJ 20 &C
mount obligation oflhe successui commences 10, e..
r.coo Missed by that law, and, indeed, Inc nis' VI
an Isws that of self-detence was plainly 10 secure
,nd datsnd his CONQUEST and his army IN Inc m'l'-
., ,nsscsson thereof With as little injury W
lbs nsope as might be compatible win ms ieda'ns
anj ;nteed bul with all The authority and power
necessary to secure il, he was oonno 70 dc.. ou'
moi merely though in The flTst instance W his eun
oues, and his army were his rlSh's anu eoi'.
nunding obligations confined. 80 soon as 'ne .''
habans ofhe conquered province suoini 1" anu
all embodied opposition was al au enu' ."Iy or;,r
80 honnd ~ Incidence 10 the existing authority
,rh;ch h,d superseded and Uyerlhrown Inc soVe-
reienrv previously governing them, ana 10 mem
had All he rights OF DE- facio government; ana Inc
canoneror he corresponding obligation, became
honnd IN secure them, so Tar as compalioie WIN
The salty nj his conquest and army, 10 all tneii
r;sh,s nj nronerty. and in the enjoyment oil clVii
;nslirntion. and The regular administrator OF JUS
lice Ii absolutely necessary iof sei-ueiehce' I've
mich, have asserted and continued over .heh "'I
harsh control Of martial law but ~ Inc aoseneeo
such necessity such course wou'u nav :, or
and rsvol,;no 10 The Jus, principles OF The law OF
na,;ons The worst OF all conditions for people
10 n he w;ibout government al ala prey 10 an
.rcbv and confusion with their, tights tneir pro-
nerty and lheI persons, atthe mercy oil Inc runan,
ar he r,visher whose excuses no law res1fains
and no Justice Furnishes. Fora conqnefof 10 ovel-
throw an existing civil polily, and leave suomls-
siye people 10 such horrors, would be sucn 1yIanhy
40 M nrincjple of humanity or law could tolerate
The next greatest evil would be to proclaim anu GU
force over exiensiveregions and submissive P9p-
ula,ion, only The harsh edics OF maflial iaw anu "
leave whole districts al The commando Pel'y MN
rary subordinales, and The rights and wrongs oi
,he heness inhabitants 10 be invaded or redfessed
a, the mer. will and pleasure Of Lieutenant OF
corporal. Influenced, as he must be, by The pas
Sims and pr,iudces OF his rude soldiefy. oucn
Examination would have been oppressive ana IN
,olerable In The state Of things in which our
commanders found themselves with whole pro-
yinces conquered, and the people submitting quiet
~ unless ihey deemed i. incompatible with the
security of their conquest and their army, were
they moi bound 10 supply the civil poiiiy lhey nau
superseded, 10 guard the conquered inhao'an's
against anarchy and confusion, and protect them
IN The ENJOYMENT Of their rights OF properly anu
person7 This could emily be effected by laws and
nv ORGANIZING and establishing in all essential
d.ra,I,nrn,s The framework of a temporary or
provisional government.
|, has been commended here, that the only 60
yerpmenl which could be rshtully eslaolisneI
must be a military one, as ccntradlslinsuisheu
from civil institutions; but how can any one, I'M
Ter the pretence OF advocating The cause oil justice
and humanity, maintain thathe conquered people
| should be kept under the despolism oil martial
law-lhe stern control OF military authority IN
constant exercise, instead OF being brought under
institutions OF civil administration appro1imalins
Ia The benign rule of peace2 1.-THE power 10 main
Tain and exercise The extreme OF despolc authority
martiallaw and 10 establish military government
existed a. is confessed by all, surely the exercise
Of any less aulhority-lhe adoption and promul-
cation Of regulations or laws to apply and govern
in social and civil relations and the appointment
of civil officers in lieu OF military subodinales le
interpret and enforce them, are involved in the
higher claim and not only might properly, but, i
| circumstances allowed, ought rightalg, 10 be pre-
| terred. II is true, The sanction and authority Q
such laws and officers would spring from the mi
| liiary dominion exercised; but, assuming The
,imilitude. they would likewise have most of The
advantages which, TO the people governed, The
institutions of civil poily have over the arbi
rrary exactions OF martial law. There was
therefore, clearly not only the right, but The duty
on our conouerins commanders 10 establish pro
yisional civil government, and, instead Of being
mailer OF complaint w The conquered people, Wa:
| TO them concession of justice and humanity
To The citizens too, Of all neutral nations, eithe
resident in he conquered country, or having re
aiuns ol trade or intercourse with It's people, III
benefits OF such civil Institutions, in contrast viii
Inc riyors OF military law, are apparent In th'
establishment of such tempory government 10
the regulation ofthe people while under our domi
nation, il would be OF course but compatible will
The law OF nations and The principles Of justice
| that as few innovations should be made IN IN
| existing institutions, customs and officers OF TN
| conquered people as were consistent WIN IN
| primary objects of safety, and the maintenance
of ascendsrcy over them. To secure these inds
pensable objects, il is salpable, that IA the pre-
yious civil institutions were derived from an
other sovereignty, and designed 10 eh:clnaV
The ends oil a hostile government, fsseniIa
notifications and changes must be made in NAM
respects, 10 accommodate them 10 Inc new reia
lions OF The people with their conquerors, and t
| make them suhservcnl 10 the maintenance o
;heir military ascenjency. In determining sucl
inevitable alterations, The most pa'pabie cons'de
rations Of Justice and pfopriely would natural,
lead The corquerors to assimiate the new tea
lures introduced by them 10 the institutions o
their own country which they were best acquaint
ed with. and naturally believed The most just "
wise. Such si,nilude would enable The new
agents 10 be selected for their execution NOR
readily to understand aud execute them, ant
would more naturally secure the respect and de
ference Of the conquering army; while 10 the es
,imation. not unreasonable, certainly, Of the con
oucring commander, institutions similar 10 these
OF our own nation would Be most likely 10 secure
Inc rights and subseIve The Interests Of The con
ouered paonIe In conclusion on this branch .
NV subject, trust, Mr.. Speaker, IL may be re
earded as established that, in entire subservienct
10 The law of nations, and indeed in compliance
both with lis obligations and those oi justice ant
humanity, our victorious Generals, on conquerlns
the provinces of Mexico, and receiving The sub
mission Or their inhabitants, were entitled ans
bound so far as they could do so with safety L
their army and its conquest 10 establish nrovi
sional civil governments, and, in their necessary
changes Of existing instiu ions, might naturally
and usliiably assimilale them To the institutions
and laws OF their own country.
But. MIR. Speaker, while our commanders were
bound 10 establish such provisional governments
by no means intend that the rights 10 be exer
cised at the pleasure al the conquerng nation
according TO the law of nations, end there. A
higher and further right clearly appertains 10 lht
conquercr at his election. Having subdued anc
exlinguished all organized opposition in proyn
|
for vengeance and punishment, or for lawful in
demnily, may choose permanently 10 hold such
provinces as its own-io make their territory par
aud parcel Of its own dominions, and 10 receive
and incorporate their inha btants among its owr
citizens. This is clear under the law OF nations
whether The universal practice of warning sove
reignlies, or the Hottest principles OF ethics, az
expounded by the abest civilians, be regarded a:
the just source OF its principles. Our Union
might, therefore, in regard 10 the conquered pro
vinces Of Mexico, elect 10 regard Them, one OF
all, as affordng just measure OF punishment
or a reasonable indemnify for its claims and in
cooperating them into lis territories, make heil
lands The SOIL and their inhabitants the citizens
OF the United States. BY what authorities of the
Union, and in what mode, as domestic ques
tion. under our Constitution, such election ant
Incorporation nigh, he made, may he very i'm.
porlant question, as we shall hereafter see in ano
iher branch of This investigation; hut as an inter
national question, whether between our Union
and Mexico, or in regard TO neural nations il j:
certainly within The scope OF our national rights