The banner. [volume] (Abbeville, S.C.) 1844-1847, 1846-10-28

his country. Such a pre.Judge'r ent OF
his acts in the heartofa foreign province,
just wrested from the enemy by his
skill, bravery, and indomitable persevc-
rance, is very characteristic treatment of
gallant and patriotic soldier, by the
whig organ!
But the whole case lies in nutshell.
General kearney, in due prosecution of
lawful war, invades portion of the ene-
my's country, compels the hostile army
to abandon it, and takes military pos
session of its capital and territory in the
name of his government. By the sim
plest and planest laws Of war, it is his
right and his duty to hold possession Of
what he has conquered as belligerent
subject to the orders of his government,
till the war shall be terminated by trea-
ty. For the means which he has adopt
ed, that are necessary TO secure his mill
tary occupancy during the war, he is,
as an officer, responsible 10 the authori-
ty under which he acts.
In support Of these propositions as to
the belligerant rights Of the comanding
officer of an invading American army,
we do not deem it necessary to quote
either Vattel or any other authority legal
or constitutional, such propositions need
only to be stated. No one will dispute
them unless it be the publicists oil the
Diurio, at Mexico. or Of the Intclligenccr
at Washington.
AS to the final disposition of the terri
tory thus occupied and held by the laws
of war-it belongs to a very different
jurisdiction. 1t belongs exclusively to
the constitutional authorities of our
country-tha! is to say, the treaty-me-
king and the iaw-making powers un
der our constitution Nothing can be
done in relation to them except by these
authorities. The ultimate disposition Of
the trrritory-its annexation, govern
mcnt, or surrcndcr-all this is to be set
tied by treaty and by federal legislation
INTERESTING ACCOUNTS FROM The BAT
TIE GROUND Under this caption we
find in the Baltimore Sun Of the goth,
some additional particulars relative to
the attack on Monterey, furnished by
correspondents. Our limits will not al
low us to-day TO give The correspondence
entire, ut the main particulars contain
ed in the accounts will be found below.
MArAMoRAs, Oct. l.
Gentlemen: I wrote you few days
since from the Camp at Monterey, since
when nave been despatched 10 this
place on public business. AS l return
tomorrow, l have only time to say one
word.
The entire loss in our battalion (Balti-
more) is 8 killed, and, as am informed,
l6 wounded-oll slightly but one. /
have seen none, either of the killed or
wounded, and therefore cannot give
names.
Col. Watson was killed in the impru-
dent charge ordered by Gen. Butler.
He was at the head of the battalion, and
had ordered us to 60 into the charge with
three cheers. He received ball in the
breast while in the act of cheering, and
fell instantly. I tried to get to him, but
was borne on in the rush. The charge
was Intellectual. At this moment Gen
Tayl. rode up in great anger and or
ueIeu US 10 Tetlre. Old Rough came up
under the most tremendous fire. 1t was
here his horse was shot. 1t is said there
were angry words passed between him
and Butler.
Capt. Stewart now took command. and
said -" Boys your colonel is killed,
don't run, show those Id red skins,
that although you are ordered to retire,
you intend to aoalk" With this, he
shook his fist at them, and Id them
pretty considerably. Our entire loss will
not be much short of 800 to 900 killed
and wounded enemy the same
Ampudia has given up the main fort as
per articles of capitulation, and the stars
and stripes were floating over it when
left.
There is no doubt now but that Am
pudia will be reinforced in about one