Mobile register and journal., 1846-12-28


 denounced by the Advertiser servie apologsts for Executive omnpotence In the course ofthesc full minaons it was assumed that the conduct of Gene ral Kearnv and Commodore Stockton in New Mex ico and California IS unexamped exercise Of un- constitutional power. and the right of the wings 10 to denounce t. and the duty of the democrats not o check them In their denuncations declared in the following style
 "If to-day by gross usurpaiion of power he Ohe President) shell make war upon neighborlng na- ton, we must submit without word of enqury-as we must do also if tomorrow m it's prosecution he shall annex entire provinces to the Union, organize new '"fsrritorin Governments in place of those EEbpsted by is prociamaf'ons fthe officers of his Ar 7ny-appoint Governors and Judges to make laws andto execute them absolus ths citizens of s sgbjugated propncSs from allegiance 10 their gOv srnmsnt, aud coap'i heR 10 take oath of fidelity 10 that fsrced thea, by tr congverorsn one word, if he assume 10 himself powers as large those srsreiSsd 6y CSsar in ancient, or BY NAPOLEON in modern times"
 In one "word' as the Advertiser declares, the conduct of Kearny and Stockton in establishing go- yernment by proclamation in conquered territory. and administering oahs ofallegiance the conquer ed people is aseribed 10 MT. Polk as usurpaons as violent as those of Ce,ar and Napoleon
 A good precedent is sometimes an excellent arqu- IHeht NC tnefeioTe Deg lHe altenIOn OI me AdVer- ,ser 10 the follow ng example of exactly such an exercise of power by another Executive and other officers of the army and navy 10 vii: Jas Madison President; Wni. Henry Harrison, Commander in Chef of the army; and Oliver H. Perry, commander of the fleet on Lake Erie. lt was issued on taking possession by conquest of part of Canada in 1915:
 "TsociimofiOa, by William Henry Harrison, Ma Jor General in the service of the U. s., Commander in-Chief of the Northwestern Army, and Oliver Hax ard Perry, Captain in the Navy, and commanding the fleet of the U. s on Lake Erie.
 Whereas, by the combined operations of the land and naval forces under our command, those of the enemies W thin the upper district of Upper Canada have beencaptnred or destroyed, snd the said dis trIct is now in the qret possession of troops, il becomes necessary 10 proiids for its gopanment5 therefore, we do hereby proclaim and make known, that the rights and privileges of tho inhabitants, and the laws and customs ofthe country, they existed or were In force at the period of our arrival, shall continue 10 prevail Ait Dsdgisirotes and other cipil e6e0s % resns fhs srefvise of their functions, previously taking oath 10 De (aiif 10 the gousrn. meat af 1s Uatsd States, us long they shall be in possession of the country.
 "Fhe authority of ali militia commissions IS sus- pended in said distuicts and lhe officers required to give their parois in such way ths officers Who may ts appOiRisd by ths Commanding General to adptinis Ser fhs gopersmsst shaii dpsct.
 ''The inhabitants of said district promised pro- lection for their persons and property with the ex cep,on of those cases embraced by the proclamation ofGeneral Procter. of the - ultimo, which Is de. clared be n force and the powers therein transfer red to he oDcGs appointed fs adminisfeT fhs gopnn msnt. Gisan under hands and seals, at Sand wich, this l7h October, 1913.
 [Signed WM. H. HARRIsoN,
 OLIVER H. PERRy" Herein an entire .proyince" IS annexed, by pro- | clamation, as completely as Stockton or Kearny have annexed Cal,iornL, or New Mexico-tlat is, it ;s d. tak,n tn Inc TTued hv quesl--a new government is appointed fin place of those subverled by the proclamaons of the officers of the army" and the citizens of the subugated pro- vince are absolsed from allegance to their own go- vernmeni," and compelled ito take an oath of fdell- ty to that forced upon them by their conquerors - All this in "one word according to the Advertiser, constitutes Madison. Harrison and Perry, usurpcrs and tyrants of the order of CRsar and Bonaparte; for they did just what Polk Kearny and Stockton have done-and these last arc, therefore, tyrants, and the mnions oftynntsI The Advertiser does not, like some of it's fellow editors carp about the small things in the procama- lions of those American officers. who at the distance of thousands of miles from home, maintaining the honor of their counry's flaRthe loose phraseoogy and questionable details of their acts in ihe novel po sition wherein they find themselves There might be something said in the spirit of verbal criticism, to which no better answer could be given than they are of the small thiags with which liberal minded men would deal tenderly towards gallant officers, l doinga great public duty honestly, al the breadth of a continent from the source of their powers. The | broader position IS taken, that 10 subver foreign government by ar@ies, and impose upon the people | the rule of the conquerors has been done in these Mexican territories now, and was done in Canada | during the late Wal, unc constitutional usurpailon and military desposm! We are willing to try that issue and would feel II of some importance to argue the points now fit had mol been so trmphantly ex- ecuied by the democrats ill Congress, that the pro- Mexican whgs who maintained ihe view have been | utterly routed and sha1ed. Our neighbor can do good deal to sustain his party, but here we think silence will be found the better discretion. While however, we are the subject of American precedens and authorities for the ssbyerson of civil government within conquered territory, we can af ford our neshbor anoitser, not military or Execu- tive, by high judicial authority-and the potent because t snstains the l,w unier n reversed position of the parsles that s when American terr tory was snbjngaled by the British during the last Nobody who remembers the conduct during that l war of the ancestors of ihe Massachusetts whigs whose foreiga prediecons in time of they inber' it. that Casias, now a port in the State of Maine then belonging 10 Massachusetts, seized by the British and remained in their hands u reaee--sub- ect to their military control. The British esiabsh ed custom houses and levied duties oA importations. During this period some goods were imported, and were in Casfne al the conclusion ofihe pc The American collector then demanded the ales levied by the Amercsu tarth act. This was denied and the question wen, up 10 the Supreme Court.
 Chief Justice SToRY,a high judicial name. in that high tribunal decided that the claim for the American duties cauld not be sustained, because Cassine had been conquered and its inhabitants owed temporary, but perfect obedience he civil govern .asat imposed by ,he British. Here is what Judge Story said: By the conquest and military occupation oI Cas- sine, the enemy acquired ,AAi firm possession which ssabed him the fullest rights of sover- eignit, over that place. The sovereignty of the U. States the territory of course. suspended. aud the laws of the Uniied States could logger | be rehtfally enforced there. be obligatory upon the nhabitaats whs remained and submitted to the | conquerors Fly the surrender the inhabitants pass- ed under temporary allegiance tp the British gos srnment, and bound by such laws, and such Iy, az chose 10 recogaise and impose. From the nature of the case, other laws could bc obligatory upon them, for where here is ao protection alie gience. or sovereignty, there be claim 10 obe dience Castiie was therefore. during this period. far as respected revenue laws, ie he deemed | at ii h. Incl