Mobile register and journal., 1846-12-31
Thursday Morning, December a1' 1s40

Contrary 10 our antlclpauohi the eui'o' " ~ vertser dnl attempt yesterday to break the lofce oi inc military precedenls which have been quoted te sbexv thai Madison, Harrison and Perry in the late war exercised just such powers as Polk, kearny and Stockton are denounced in the Adpsrfis" as despots and violators of the constitution for exer cisne now. His confidence is greater and h's dls cretion less than we thought Thcprecedents do CO yer the case "exactly" as the Advertiser mado H. when the attack began, although he IS now spN"is to give il some new features. General Iarlsoh anu Commodore Perry did take Possesslon ol iorelgn roy;ncedid administof to citizens of the territory tan ooh to be faiihful to the government of the u. S,,esn- did continue the laws and usages of the countrv. as by their own will as conquerors-and as conqnerors did exact the administration of the laws to be made by persons sworn to allegiance 10 the United States! IL was in view ofexactly this sort of power that the Advertiser, with classical u ". compared MT Polk and the two General officers to Caesar and Napoleon
 He has, however, discovered difference in the ca ees and as it furnishes fair specimen of hs styeo o argument, we reproduce it in all its original smpll- city:
 ,sThe Register remarks that by the proclamation of Harrison and Perry, lhe citizens of the sbJueal- ed province are absoved from allegiance to ther go yernment, and compelled to take an oath of hdeHy to tha, forced upon them by their conquerors mus hoping or pretending 10 hope 10 furnish precedenl for the course of Gen. Kearny in New Mexico; but most unfortunately for the repnta lon oi our nelgh bor for fairness and honesty, he has mtsquoted the language of the proclamation The only reference 10 the subject of "aking oath 10 be found Tn the proclamation Harrison and Perry IS conialaed Il the following sentence:
 "All magistrates and other civil officers are to re- '',snme the exercise of ther functions, prevousy a ".king ca h to be faithful 10 the government oi |" the United States long as they shall be Ill the country"
 Now, il will be perceived that the only oath re- qured, was, oath ''lo be faithful to me govern Inent of the United States;' and what IS more m- portant than all-showlng the mlsquotatlon of the Register-this oath was not required of cdISens al all as he Register states but was confined 10 "nd- gisraes and other cipii officers" who were appoint ed for the temporary execution of the laws me he- giser must be hard up for excuses tor ms pets, when such little artifices resorted to-.
 Considering that we published the whole of the proclamation in the same article, the phrase "mls- quoted" is oddly misappled If he had said "ms- described" it ,;uh have been excused from his un- fortunate habit of mistakes. But the whole is ludi- crously aborcd to meAe case where there IS noth- ing at all for him tostaad on. The question of des- potlc power raised by him upon lhe ground that Stockton and Kearny had subverted the govern ments of California aud New Mexlco-and compell- ed the citizens Hto take an oath of fidelity to that forced upon them by the conquerors!" This was hs complaint-the very basis ofhs bitter denuncation to which we interposed check! We showed him that ia these respects Harrison andPerry hadln Ma dison's lime done the same thing in Canada; that they did exact an oath of fidelity to the States and did assume to be the source of power for the continuance of all exis.ing laws. The miserable bubble above, that has not the air of even plausi- ble subterfuge-a mere play upon words without meaning is his reply! Harrison and Perry did not administer an oath to "the citizens of Upper Cana da''-only to the magistrates and civil officers s- who the Advertiser implies could not be "citzens." !" They did require every citizen to take an oath of allegiance; but ''procIamed' that all should cont- nue to obey their magistrates as before-but that these magistrates should receive their authority from the military and naval authorities of the U. States, and sworn to aegance
 This according to the Advertiser, IS, we presume, all right, constitutional and proper; but to swear a man in California or Mexico who is not magls- trae, is military despotsm beyond that which des- troyed ancient Rome and desolaed modern Eu- rope!
 The breadth. world wide, in these principles and consequences, is found by our subtle contemporary in the distinction between swearing in Mexican ct zens in conquered California and British magistrates in conquered Canada! Most accurate of logIcans-- most Jealous of patriolsand wisest of Adrertlsers Happy the readers who are thus instructed in cons- tutional and national law. For our part we will take no pains to hunt for interpretations or artfces in the arrangement of these premises and deductions. It contents us to see them as they are, and let them explain each other they can.
 This is all that relates to the charges made orlg nally in the Advertiser, which we defended by the precedent; and gravey speaking, there is nothing m which the Advertiser has said that affects the de- fence.
 He has, however, shifted his case by opening new matter. which we have not discussed with hlm Ills attacks are now directed particularly against the form in which Commodore Stockton executed the duty of providing government for the conquered country. There is undoubtedly, very loose phrase ology in these proclamatons, and an indlscreet use of words to which exceptions may he justly ta- ken besides afiordng political partizans materials for many small qubble. Theformatlon of a tier rtory' in the legal sense of territory belonging to the Union and the process of Enumeration" in the legal sense of annexation to the political system of the United States are things beyond the power and probably beyond the intention of either Kearny or Stockton. Verbal criticism may extract presump' tions of such an intention-and political malignity may make it a crime deserving instant and condlsn punishment and heap up reproaches upon the Pre- sident for acts which he neither dectednor knew of
 The Advertiser itself has cautioned us that It may appear that MT Polk gave no instructions for these acts and will not approve of themi thus pre- pairing quietly to abandon his whole charge against the President, and fix the fault upon the commando ing officers.
 But as we have said before, those officers will un- doubtedly be sustained in their right to subyer the government of Mexico, to supply temporary gov- ernment and 10 exact q sworn allegiance from the conquered; matters which the Advertiser commen- ced by charging as high crimes-and will end, by advocating substantially, or we mistake the turn Of it's genius for controversy.
 What shall be the public judgment of the acts oi Kearny and Stockton--and what should be the course of the Executive towards them, will depend something upon facts with which the country IS ac- quainted, but nperlectly; and will be influenced very decidedly by those sentiments ofkind conslder- aton for the errors of honest enthusiasm, which na turaly and generously temper the judgements of the people towards the exccntrictes of brave men. who assume great responsibilities with an excess of pa troiic zeal
 The annual meeting of the "Art Uron'' was held