Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-10-29
GEN. Kearney in sania Fc.
From the " Union. ,

lie Wig Journals nave, OF late, been greatly
troubled about tie transactions of this officer, aud the
lnieigcncer, of this morning bunders and twaddles
through three columns with the patriotic purpose of
showing that Gen. kearney IN taking military pos
session Of New Mexico. and making arrangements
to hold without farther shedding of blood, pend
ing tbs rar and subject to the orders of his govern
meni, has violated the constitution of the United
States This is all quite in keeping with the whole
course Of the Mexican organ, which unfortunately
happens to be published not Mexico but at Wash
ngton. Unable TO deny the glory Of Gen. Kearney s
victory 1t contents with assang him, (and through
him the administration under which lie acts) for
getful of the limitations imposed upon his military
authority by the constitution and laws of his country.
Such pre-udgment of his acts in the heart of a
foreign province just wresied from the enemy by his
skill, bravery, and indomitabe perseverance, very
Characteristic treatment of gallant and patriotic sol
der, by the wing organ!
But the whole case lies in nutshell. General
Kearney in due prosecution of lawful war, invades
portion of the enemys country, compes the hostile
army to abandon it, and takes military possession of
its capital and territory in the of his govern
ment BY the simplest and plainest laws of war, it
is his right and his duty to hold the possession of
what he has conquered belligerent subject the
orders Of his government, till the shall be termi-
mated by treaty. For the means which he has adop
ted, that are necessary to secure his military occu-
pancy during the war; he is, officer, responsible
to the authority under which he acts.
rights of the commanding officer of an American
army, we do not deem it necessary to quote either
Vatte any other authority, legal constitutional
Such propositions need only to be stated. No one
will dispute them unless it be the publciss of the
Diario at Mexico, or of the Integencer at Wash
ington.
As to the final disposition of the territory thus oc
cupied and held by the laws of war-it belongs to
very different jurisdiction. 1t belongs exclusively to
the constitutional authorities of our country-that Is
to say, the treaty-maklng and the law-makng powers
under constitution. Nothing be done IN rela
ton to them except by these authorities. The ult-
mate disposition of the territory-its annexation,
government, or surrender-a this is to be settled by
treaty and by federal legislation.
In .connexion with this subject, we find the follow
article in the 81 New York Sun -
.'The power OF annexing New Mexico to the Un-
ted States is denied TO General Kearney, and is
claimed to be an attribute Of Congress alone. 1t is
so, beyond doubt; and General Kearney has done no
more than to capture that country from the enemy,
and announce lis provisional occupation and annexa-
ton to the United States 1t is said that we declared
that the war was not of conquest, but of defence
We had no declarations TO make IN the matter; none
could be made The declared against /;
and it was our side defensive and offensive,
necessity might require. We have right 10 cap
ure all or any part of Mexico and TO hold it until
treaty of peace shall decide how it is TO be disposed
of. We may restore all or part Of our conquests
but that we have right to make those conquess from
the enemy is not to be disputed. The President is
authorized TO instruct commanders 10 capture and
to hold any part Of the Mexican territory. Congress,
when in session, make whatever dispositions OF
the acquired provinces it sees fit
The above comedies with the following views,
which we promptly expressed on receiving the ac-
counts of Gen. Kearney's success. We beg leave Ia
add that the whig press are making great clamor
upon the permanent annexation of New Mexico 10
the United States. They talking Of General r. S
instructions. We advise these editors to be little
more cautious in their assertions, and more chGry IN
their censures The provisional and temporary gov
eminent of the territory in a state of war Is one
| thing its ultimate destination at the conclusion OF
peace is another. No military power and no execn-
tive power can permanently annex new territory tc
the Union That act must depend upon the Other
constitutional authorities of country, in connection
with the executive power The wing press is blum
dering in error, as they are too much accustomed TO
do They must strike at the administration. Such
is their fashion, and such, too often, is their folly
but they striking in the dark, and they may be
assured that they striking themselves. They
are making speculatiOns which they cannot establish
and committing themselves to assertions of which
they may hereafter be ashamed.