The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-11

Sabine and the Rio Grsnde
Mr. Days replied that the President in his message:
assumed the Del Noe the western boundary although
the resolutions Of Congress admitting Texas into the
military government might be erected TEMPORARILY in
the Conquered territory hut denied that there autho
rity for organizing civil government General Kearney
established civil government in New MEXICO, and Capt
Stockton Did the in California General Taylor had
conquered more territory than either but had assumed
no civil powers. A voice THAT'S a iect y
Mr. DorcLAss Il want to ask the gentleman qres
ton fmurter or theft be committed Is there no right
&r. D.yis-I will tell the gentleman. What mean
ny civil powers Is such General kearney has exer
and Instituted courts Tor the a Of CRIMINAL and hos ~
CURED the citizens Of New Mexico to come forwsrd and
JOKE So no s' GS sy 81 are to se
features constitute civil government with oil ~ forms
1 Wool the ssm. h nv M: q
more, Governor of Monterey" and "a clever fsiew
Mr. H.a1lsos was about to address the house, when
Mr.. DoreLAs asked to be indulgsd for few remarks
Mr. HAAAisoS expressed the hope that he would Be
Mr.. DorolAs maintained that the proclamation Of
General Esarney did not annex the territory Of New
sy virtue Of the act Of conrre. declaring war Ts%aa
as and New Leon and all are part othe United States
unless va eeds tne back or the Mexicsns recon9uer
them fromu was therefore, the act Of Congress that
annexed the territory.
speech iustyng the conduct the commanding officers
the President because he looked on as premature as
hct has been done by the Pre- siden IL any thing
discovered for which the President ought to be condemn
cd ho will Join them in the condemnation For himself
he was now unready to vindcate or condemn because
he did not know what the President has done He took
vsw from ina. 81 nI m arsSn oass
ton but roves the establishment OF civil government
Buthe Chr Haralonl looked on Il as foreign question
from beginning TO end. lie would ask the gentleman
What should the government have dons When we
reach then and they surrender ami go ON with their
usual employ ments, must merely SIT down and
declare 10 the world that the provinces be-
long to us Must We not enforce on them
OF the soill Congress not in session. ut
the time and therefore became necessary TO establish
the harm we can-o possess ourselves of their and
munitions Of war aud property. You mast make them
b c1 op Se
protection OF lie and property THE hon gentleman
Rad from Vatteli In support OF hsviewsl
Mr RHErr entered into the debate with great spirit
He dissened fom views which had been expressed and
said that il California and New Mexico part of the
i've civil government pay the salaries of officers Sc
Tan he do for Oregon Has the President pretended
that should do it. The point which he differed
from gentlemen war this Oregon does not stand on
Their shy conquest part of the United States. We
have military occupation by force Of arms-we hold 1t
the sword The commander is despot, military des
pot who gains authority by the sword He didn't care
whether there were fifty generals or sheris. OF hun
drsd Legislators the sword is the instrument OF COM
mand aud il be says 20. those whom he commands CO.
According the law Of nations he has the right
erciss power in any way. The constitution Of the
United States is not the territory.
Mr.. Dsus-will the gentleman permit mo to ask him
n question:
Mr. Rsrrr-Certsinly
Mr. DAvis-It has been proclaimed by Stockton and
Kesrney, tina, the people Of California and New Mexico
citizens Of the States and they are requi ed
&c swear allegiance; II they refuse to do So they are
punished traitors Both have said that California and
New Mexico are annexed. / ask whether any persons,
naval OF military commanders, have right 10 promul
gate such authority
Stockton or any such people are acquainted with the
constitution. daughter The principle stand on Is
this: Neither New Mexico and California nor any other
province portion Of the territory Of the United
States; therefore the constitution of the United States
does not sppy Il is only after war is terminated and
portion OF the territory Is coded by treaty that legsla
lion can be employed to put our laws into operation
But General Kesrney and Captain stockton have
thirteen States prefer that the resolution should 60
hatfeoted IL gentlemen choose to add dozen tails let
Air 'ss eHahat slisS mal thus make beast Of it.
she Ro rsnde from rs mouth to its source to be heir
Sarr.. aud By the act they extended their civl and
ssry No;withs,andinr this General Ks~nsy under under
the authority Of the United States, hps established civil
was government in the womb Of government hereto
fore existing The gentleman from South Carolina says
that the commander Is despot, and responsible TO
one We required to Sit here to vote supplies and
yet have no right to ask questions.
Mr. RHErT lrisipg)- the gentleman stating mat as
MIR scaEScK-I 10 understood H.
Alr RHErr-I did not say that he was absolved from
obligations to his government.
Mr.. ScnEScx We ill not vote for the resolution OF
the gentleman from Kentucky a matter Of privilege
or favor, but as matter OF right sorry misun-
derstand the gentleman from South Carolina but I'M
derstocd his proposition to be than this tina,
but can control people as he may-even put them all to
death.
Mr.. Rnsrr--I meant that it was discretionary with
him to put to death but did not say it not wrong
and that he would not be called to account for it
Mr.. scnsrcx.He Is responsible conscience and the
Ia .fruf1 hall that L.
than that hold that when he is sent abroad he is not
sbsolved from the obligations to his In Mr.
legislaion the popular method but now gallant
Commanders take possession OF territory and by hasty
procamations do that which took three hundred egis-
ls,ors to do We left Texas make its own laws we
conferred no privileges OF the
Mr. HAnALsos said he would withdraw his amendment,
a. was Xix ly to proloug the debate.
Mr.. ScHEScK.-The authority which the gentleman
from Georgia read from vasll placed the question on
the gr und that the President is a sovereign.
Mr.. HARALsoS." he gentleman from Geo. gia" never
commended for any such absurd doctrine but said that
and read vattell as suthority.e
nr scHEscH-The gentleman quotes law laid dow
BY European authority but the monarch is not the
reignty OF the United States The sovereignty Of this
counrr Is vested in the ordinate branches OF the gov,
eminent, and not in one
had sprung up He regarded practical usr atom
Of the freedom OF assertion. II seemed TO him that
grosser attack on free discussion than contained 10 the
Presidents message had never been made. Those who
differ with the President and dare confute him are
derskcs to cast reprosch those who que on the res
for and propriety TO how the war is carried on
He held that whatever doubtor difference fopnon there
may DO as 10 the right OF the the
territory, the law explicit that tho cong ror
right 10 establish permanent government. That is the
pom There Is no principle better settled than this.
conqueror merely sttsns ussiructory and possesory
ryn leaves the rest TO be settled by treaty of peace
We want to know whether the President sanctions the
proclamation OF Com. Stoc kton. The President congra
tniated tue annexation of Texas as boodess &C heys
msnt; and although he now saws thst ths war has mot
Va "A ElaV IN haA .t..t.