The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-15

cannon taken at Monterey He has the night to
order him to hold the Bishops Palace" till paci6ca
ton and Just the same right 10 order him TO hold and
keep safely, and in due submission and order the
rounding country One order is legtmated just much
as the other by the general authority given by Congress
TO prosecute the war"
This is plainly the common sense OF the case But II
is also the well settled law of our Federal Courts Inthe
case Of The Ealuous, Calls c. C. R., 500, the court
held that he President OF the United States, the Ex
ecutye Of the nation, has incident OF the Office
right to employ all the usual and customary means de-
k,oWledged IN trdr 10 carry into effect He may, there
FORE authorize the capture OF enems property when
ever by the law OF nations, il may be lawfully seized
and is not restrained from autortstng captures Oh land"
But says the Intelgencer, "he charge is not that the
President has authorized military occupation OF for
egn territory but that he has established within such ter
rtory civil governments" The sole proof brought TO sus
tain this charge in the procamaons OF General kear
ny and Commodore Stockton On the face OF these doe
unents, we deny that they prove anything but tenn
ponry and provisional organization to preserve or
der in the conquered territory during our militia
~ occupation of it, Be this il may, however
the call OF the House OF Representatives upon the
President, as made this day, will probably bring
out in due season, such Of the Presidents instructions
those officers touch this question, and the interests
of the public service will permit to be published We
entertain no doubt whatever that these instructions viii
show that none other than provisional and temporary
government OF the conquered territory, during militia
~ occupation of it, has been authorized by the President
Meantime since the President authorized BY law to
employ call the usual and customary means acknowl-
edged in war, to carry it into effect" let what
forms of proclamation in respect TO the government Of
conquered territory have heretofore been usua and
omary" with our military officers Here are two such
proclamaons issued under Mr. Madson's adminis,ra-
ton; .. ....
tie United Sfaie,, and commander ihicf Of the sh Nh
tary District:
"a PROCLAMATION.
The enemy having been driven from the territory of
Michigan, and part OF The army under my command hay
% ESn o b % e,roty soaJ be-
and the former officers the exercise of their author
% S,s hG %mG r S-s GSss S SS a on
officers fa hat the citizens of the territory
9Iea % @ ~. e 5s a pnns w %sn 6H e
18th Of August 1872 Under the present circumstances,
ag proper S S direct hat al sos iaUias cga qs ia
e territory Of MotigaH al ne period Of hs capitalization q
qce rpecfivey In the present dispersed state OF It's popa.
ation, many officers doubtless absent In all thus
resume ihe exercise OF lis duties The laws in force al the
period aforementioned win be re-esabsied and continue
in force until repealed by the proper authority. -
''WM. HENRY HARRISON"
Ertra from The Proclamation Of Bigadier General Georgr
quarters, Fort George, October IS, 1878.
"ADDRESs INHABITANTS UPPER PROVINCE OF
CANADA.
'sBrigadcr General Mcclure, commanding the Niagara
frontier, finds the upper province deserted by the British
army and abandoned by its government In the peculiar
that regulations should be established for their gorcra
sHt hR' the Aeriean army has hs po,cer Of enforcing
them The general regrets to s,y that Illegal unauthorized,
and forbidden pilage has been committed by lew, who
lost to all honor and nsensble OF the obligations OF
ton his power, and insure safety the properly and
persons of the inhabitants who under his CONTROL
the general has issued this address,"
After rccting the efforts made to prevent ourages by
the Indians proof of American cemency and for
bearance the Proclamation proceeds:
'o that forbnaance the inhabitants have easy
duty to perform let them abstain from communications
with British army and remain ut home quietly pursuing
their avocations Those who conduct differently will incur
the Penaes o. rigorous marai aW nc natec@r oI
suon will Justify expectation of security and protec
or THEIR OFFICES MERELY As coNsERvAroRs
PEACE THEY ARE ABLE, THEY Will. PRE-
QUIET AMONG THE INHABITANTS. The Ex-
TsTNG LAWS OF THE PROVINCE so FAR AS THEY REGARD THE
PEhCE INTERPRETING wrH THE REGULATIONS
MEASURES The magistrates particularly
qired give information headquarters OF all violences
authorized by written order The general enlons
the inhabitants submit their magistrates, and those
who refuse obedience, must be reported to headquarters
Such was the esprit OF conquest shown in the
proclamaons OF officers, which the National lntei-
gencer and country, (all but the Federaliss) thought
quite legitimate in Mr. Madisons time!
But the federal organ, in its invcctivc against the
esprit OF conquest" which it alleges have pervaled
this war, has manfestly enough falen-ino confu
sion in respect to the terms employed It is not the
Esprit of conquest, but it is the spirit OF rictory in which
this has been carried on that gals the Integencer.
From the firs this federal organ has denied that our
government hal just of war; and now il is eager
to make out that the war must be 50 managed to
bring with its victories neutrality-suspicious. repara-
ton indemnity just and peace for the fu
ture What else is the significance OF these sentences
which we cite from its article of Saturday last
The whole idea of acquisition of foreign territory by
casual conquest temporary possession obtained by iocc
deusion Not only has not the President power &c
go forth with in his hands and territories from
foreign power but Congress cannot lawfully authorize
him to do it, .....
III is very clear therefore, that the United States ac
quire by the conquest OF the chief ports of California and
the p Of Santa Fe, rights but those which per-
tain il the military OF territory during the
tnuancc of the war; aud that the claim Of tile SET under
that occupation UW for nothing cea the ttco goveH
Bre,as come reckoning at the end Of the gur."
This is very federal doctrines and to proclaim il now
to Mexico, apprizng her beforehand that military
occupation will count for nothing" when treaty comes
he ia a al