The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-09
A MEMBER Military goyenmept

lied that act and made lis performance positive duty
The government was military IN It's orgin-mlhlary in
us source Not only did the fact OF conquest confer the
right TO regulate the military affairs of that country but
also TO see that justice administered life protected,
and property respected All the powers Of government
by virtue of the act of conquest Were settled in
the commanding general and it his duty TO
exercise il, until the government at home prescribed
another government The only question that could
arse was whether those commanding generals had
esed their discretionary powers wisely properly and
suitably under all the circumstances In that point OF
view, as he advisedand he had no other infoma-
non than that which accessible the mind and in
teligence OF the gentleman from Kentucky hmself-he
was prepared to say that the power had been execS IN
wlse prudent and proper manner In his opinion, the
commanding officers entitled 10 the respect and
thanks OF this government and the people Of che United
States for the manner in which they had discharged their
duties lie wished 70 see this question met bodlybodly,
AT the threshold The gentleman complained that the oi
GERS had not only gone there commanders -ehehad
not only conquered provinces but had assumed the right TO
go on and appoint Judges and municipal officers and esab
llsh all the machinery OF government He Mr. DAvIsl
wished to know whether the President DICTATOR
whether he was sovereign ruler, in whom all power
congregaied, independently Of the constitution. Why,
what would he have had the generals do after they
had expelled the authority Of Mexico from the conquered
provinces! Would he have had the people left without
any government Without lawl Would he have per-
United murder, raplne, and robbery to be committed with
lmpunity' All that disorder must have been permitted
the proper officers TO administer justice and the laws
had not been appointed First, IL right and
~ that the officers should substitute temporary govern
ment Secondly II was incumbent upon them, and need
iul tosstablish the form OF government congenia
with the principles and spirit of the government at home
1.-The government OF the conquerng nation. II the
duty OF the commanding officer to assmilae the Temporal
ry government TO the government at home. And he had
observed strictly and 10 the letter all these considerations
IN the establishment OF the temporary government of the
conquered provinces II seemed that the commanding
military officers, and the commanders OF the squadrons
had taken the territorial governments OF the United States
their models IN the formation OF these temporary gov
ernments Ia the appointment OF judges, legislative
sembles, and all the other neediul arrangements, they
had strictly conormed 10 the free LIBERAL and enlightened
principles Of the United States government In doing So
they exercised clear and undOubted rght-a night con-
iened by the constitution and laws OF the country. Be-
cause war had been declared 10 exist under the
stituton and laws, and, consequently, a conquest
made during that constitutional and legal
Such being the character Of the conquest IL con-
erning the country, till the home government should
prescribe permanent government The right was
therefore clear, and no doubt II would be conce-
ded, even by his friend from Kentucky, when he
came to reflect the American and a
patriot laying aside his feelings partisan He meant
TO cast no odious reflection by that remark But his
inend like some others with strong partisan feelings
had he feared, suffered the msts of prejudice and pas
SION To obscure his Judgment The gentleman sought for
the means and point of attack, without carefully and
dispasonatey investigating the and ascertaning
whether there were any grounds for assault He
(Nr. d. maintained that the right clear, and
undoqbed, without reference to the question
whether the President of the United States did
or did not specifically order these acts. General
kearny had the right to act he had acted without any
PRESIDENT
right authorize the act but if he did that right
he only enforced what II General Keany's duty to
do, independent OF any such authority. II was quite I'M
MATERIAL therefore, whether any express orders were is
sued II he thought, evident enough from the
sage that the President assumed and adopted what had
been done. But whether the President did or not he
(Ar. d. assumed the act, and he believed that House
would assume it, and confer honor on those who did it.
He therefore objection TO the resolution with the
qualifying clause moved by the gentleman from Georgia
MIR. HARALSON again rose, but gave way to
who an tunty tn an
immediate reply TO the gentleman from Illinois, Mr..
DouGLAssl That gentleman had affirmed that it was
right in these commanders without instructions from
him, under the law of nations establish military govern
ment in the conquered provinces Such not the
point in his (Alr DAvIss) inquiry. Without discussing
that proposition with the gentleman at present. he would
refer him the terms of the resolution which he had had
the honor To offer, and tell him that it contemplated
inquiry whether these subordinate officers had constitu
provinces of the states of Mexico land whether these
civil governments had been created and established in
conformity to instructions OF the President OF the United
States, or whether he had recognised and approved OF
them. That the inquiry. Well now, there was
General Keany establishing his headquarters the capi
tai of New Mexico He issued his proclamation there
he organized civil government; he established udci
and Legislative branch OF the government and he
installed ministerial officers into power. There the
point % his M G inquiry Had the ffsdeS. author
this difficulty the President, in his message, COM
municated to the House Yesterday stated that the west
boundary OF Texas extended along the Rio Grande.
Mr. DOUGLASS. If the gentleman would look into
his (M DouGLAsss) former speeches, he would find that
he had made assertion TO how far the
the boundary ran but that far enough to include
General Taylors position.
Mr. DAVIS referring to the message of the Pres-
dent [Seyeral sentences were here naudible.]
Mr., DOUGLASS here replied to question put by the
gentleman from Kenucky but both question and
were naudibe al the reporters desk.
Mr.. DAVIS proceeded He wholly denied the right to
establish civil government in the military naval COM
manders.
Mr.. DOUGLASS wished to know what the gentleman
meant by civil government Did he mean
Mr. DAVIS. Ii the gentleman would exercise little
Mr. DOUGLASS II murder committed there
Mr.. DAVIS. If the gentleman wond have patience
Mr.. DOUGLASS. Improperly were stolen there,
der
Mr.. DAVIS begged the gentleman to exercise little
patience and he (Mr. D. would tell him what he meant
rient as General Keamy had formed. That was civil
government. He had declared himself goyernor-civ
governor OF New Mexico; he had instituted
judiciary for the trial of civil and criminal cases ;
he had appointed executive officers he had ordered
he citizens of New Mexico TO come forward and
lake the oath of allegiance to the United States
he had declared that all who refused to do So and all
who were found in arms against the United States would
be treated traItors-he had annexed the domains of
New Mexico 10 the United States That, in his (MI.
D's) Judgment, constituted civil government in all It's
forms and with all its sanctions and5oblgatons, There
was the issue between him and the gentleman from lll-
1ois Under what national code-under what constitu-
onal provisionunder what recognised authority, regu
ating the usages OF civilized nations did the gentleman
find the right Tor the exercise of such penary powers
Had not all the other generals the right But had the
ame procedure taken place al Monterrey Had any such
been made there! Had New Leon been so
annexed' Not at all. The discretion exercised by Gen.