Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1846-12-24

have, by order OF the President, established
IN these "rerrilories Of the United Stalos." J"
This recommendation by the Execuiiveis u.
full recognition of what his officers have
said aud done.
The President refers to the Law OF Ma
tons as authorizing what he has done, and
proposes TO do, in California and New Mexl
co. Leaving him to settle with Congress
the question how far o stste of war erects an
Executive authority supreme over both Con
gross and the Constitution, we will content
Yourselves with saying that, in what the Presi.
dent asserts to be 1.-The right and duty Of TIE
coDqueror," he and his advisers have evident
y suffered themselves to be mised by the
antiQuated maxims OF writer's upon national
law who hourished at time when such
thing as a written Constitution was as un.
known as the Magnetic Telegraph at time
when oil power was deemed the prerogative
Of the ruler, and all rights Of the people re-
garGed as gracious or cocrced concessions BY
him in their favor. These max inns, the re fore :,
SO far as they concern the relations between
our Executive and his constituents or their
Representatives in Congress, have in many
cases no application at oil and certainly
have none when they are resorled to for the
purpose of deriving from them for the Presi-
dent powers which are denied TO him by the
Constitution. The President has Of himself
no lawful authority to annex or acquire Ter.
ritory, or to establish civil governments over
Territories either within or without the Uni.
ted States. All such acts are foreign to his
office, and, in tho absence Of any authority
derived from Congress. cannot but be regard.
ed as usurpations of power.
Tho whole idea Of acquisition Of foreign
territory by casual conquest, or temporary
possession obtained by force, is q deIusion.
Not only has not the President no power to
90 forth with arms IN his hands and wrest
territories from a foreign Power, but Con.
gress cannot lawfully authorize him 10 do it.
The law on that point is not only we'll under
stood by civilians of The present day all over
the world, but in our own country il has been
long ago adjudicated and settled by its high.
est Judicial tribunal. In Peters Digest Of
the Decisions Of the Supreme Court, which
we have taken occasion to consult, we find,
at page 535 OF volume |, the law on this sub
ject very clearly laid down as follows:
"By conquest, the conqueTor acquires
nothing but a temporary right Of possession
and government over the territory conquered
until a pacifcation, and cannot, in the mean
time, impair, by any transfer, the rights of
the former sovereign"
[Clark rs. The U. Suites, 3 Wash. C. c. r. 101.
:" II territory, conquered by an enemy, IS not
10 be considered as incorporated INTO The do
minions Of that enemy, tciihout a remuneration
in treaty 9fpeace, or long and permanent
possession"
TO the same effect we find the following
passage in Judge SToRY's Commentaries
"ln cases of conquest, the usage Of The
ioorid is, If a nation Is not wholly subdued, to-
consider the conquered territory as merely
held by military occupation, until It's fate
shall be determined by treaty Of peace"
But, further, the PRESIDENT says, IN his
Message, by the laws Of nations a conquer
ed territory is subject to be governed by the
conqueror," &C., "the old ciuil government be.
ing necessarily superseded" &c.
The SUPREME Court has decided other.
wise:
"By the law of nations The rights Of proper
ty are protected, even IN the case OF con-
quered country, and held sacred and inviola-
BILE when it is ceded by treaty, with or without
any stipulation to such effect /; and the Laos,
,ohether in ,0riiing or Evidenced by the usage
and customs Of The conquered or ceded country,
continue IN force until altered by The new sou-
ereign."
[Strother rS. Lucas, 12 Peters, 40.
1t is very clear, therefore, that the United
States acquires, by the conquest Of the chief
ports OF California and Of the capital Of Santa
Fe, no rights but those which pertain to it as
the military tenant of the territory during the
continuance Of the war, and that the claim oi
title set up under that occupation will coun,
for nothing when the two Governments come
to reckoning at the end of the war.
Upon the explanation which the President
has made Of his purpose in allowing, and in
deed encouraging, the return of SANTA ANNA
to Mexico, we have but a single remark to
make. We are perfectly willing to give
credit to the President tor good intentions in
pursuing this course, but we cannot shut our
eyes to the fact that the Military Chietain
thus permitted to return to his country is the
very individual under whose Presidency were
perpetraied those delays and denials Of jus.
,ice for alleged outrages against our citizens,
out Of which our President has in his Mes
sage compiled so formidable list of griev
ances as to constitute in his opinion jus,
cause of war. There is an apparent incon.
gruity in these facts which it is for those to
reconcile who cans
We had intended to follow the view which
we have taken of the Mexican war With some
observations of the danger to the Republic
Of indulglng IN spirit of conquest and lust
Of dominion, the propensity to which has
been abundantly revealed within the last few
years, not in the acts and designs Of the Ex
ecutive merely, but IN the debates which
have within that period taken place in Con.
gress. We find, however, that what VIC
have to say on that head would cover too
much space for to-day ; and we reserve il,
for another paper.
In the same manner, and for the same rea-
son, we defer also our consideration Of the
remaining topics of the Message.
IL would be refinement of cruelty to hold
the President responsible for all the discrep-
ancies between the statements of his Message
and those which have from time to time APP
pcared on the same subjects in the government
paper. But some of them are too glaring not
to have attracted our involuntary notice. On
the subject of SANTA ASNA's return, for ex-
ample, the Message informs that, under dis
tinct understanding of professions by him of
"an entire change of policy and with the be-
A. Al IL 81