The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-12

Mr.. Daris's Radiation Continued DEBATED
L EM ETplanatioa-Ihe Presidents Message
The Ex-Governor of Cahfarnia-Ihe U. s.
Soop Of War Bostow.
This question of the establishment off tempo
rary government in the conquered provinces of
Mexico, has really proved more prolific Of dis
ousson than l at first imagined possible. 1t has
let loose food of eratory quite astonishing for
30 simple a question. II is not at all unlikely
that it will occupy the House several days longer
I have reason TO believe that the President is
willing TO communicate the copies OF orders is
sued from the departments to the officers of the
army and navy, mentioned IN Mr. Davis's reso.
luton, so far as those orders justify the officers
In the course they have severally pursued. But
through imperfect information as to the safe of
affairs between the two countries, or through
mistake, committed any slight informality in the
wording of their procamations, or in the esta-
blishment OF the tribunals necessary for the due
vindicaton OF the law, think the President is
bound to assume the responsibility, and not to
pose those meritorous officers to censure because
their procemations and other official documents
are not in the measured jargon of the convey
ancers.
There is most unacoountable misapprehen-
sion on this subject manifested by most Of those
who have expressed their views upon it, They
the one side of its having been violated by those
acts of our officers, and, on the other, of those
acts being justified by the constitution. Now, in
effect, il is neither violated by them, ror does it
justify them. In one word, 1t has nothing to do
with them. The war was constitutionallJ re-
ongnized and was begun and prosecuted under
the law OF nations. One might, with as much
propriety, speak Of the men uader the command
orGeneral Taylor executing manDuvre, or the
First Lieutenant on board Commodore Conner's
flagship, ordering his people to close reef the
top-sas in gale of wind, by the authority of the
constitution OF the United States. as to talk of
any net Of our army or navy in the enemy's
country, or on the enemys coast, in time Of war,
interfering with the constitution, being done
under IFS sanction. General Taylor, then, and
his brother officers, General Wool and General
kearney, as well as Commodore Sloat and Com
modore Stockton, proceeded, sfter receiving or
ders from the constitutional commander-in-
chief of the army and navy IF the United States
10 fight the enemy, u seize their towns and pro-
vinces, and to establish tenn porary governments
for the maintenance Of their authority, while
in possession of these captured cities and pro-
vinces, not guided oy the authority Of the const-
tuition but by the law of nations and of war.
All their ac,s were done under that law, and are
not therefore to be judged by the measure of the
constitution, very excellent instrument within
Its own sphere OF operation, but as much ont of
place As the text book and guide of the general OF
an invadi. x army, as a cookery book prescribing
the ingredients OF ragou's and omelets 10
a medical man treating case of mortal dis.
case.
Well, those generals and naval commanders
having constitute onal authority, made war upon
the Mexicans IN every possible manner. They
fought battles,and captured towns and provinces.
For their own protection they established tempo
rary governments in those captured towns and
provinces. They raised the standard of the Uni
ted States, and proclaimed to the inhabitants that
they should conform TO the authority newly APP
pointed over them. This is in perfect accord
ance with all the authorities who have written on
the laws of nations. They went farther, ia some
cases. They made the officers appointed to ex.
ercise this temporary authority and To administer
the laws, 10 take oaihs of temporary fealty to
the United States. There is abundant precedent
Tor this in the annals u warfare. Nay, there is
precedent of conqnerors having made the van
quished take oaths OF permanent fealty TO them.
They did more. They very wisely took mea-
sures TO prevent tie authorities of those captured
towns and provinces from sending assistance of
any kind either In revenue, provisions. or NUM-
lions OF war, TO the government of Mexico, know
ing that such supplies would tend bu, to a pro.
traction oil hostlies All these acts are authoriz.
ed by the law of nations. All these acts had for
their aim the secure temporary occupation of
the cnemy's country.
Exception has been taken, in the course of the
debate in the House, to the latter portion of the
paragraph in the Presidents message which re-.
lates TO the occupation of this territory. 1t reads
thus:-
1T may be proper TO provide for the security of these
important conquests, by making adequate appropra
ton for the purpose OF erecting forfcatons and deay
Ing expenses necessarily incident the
OF our possessions, and authority over them"
This sentence taken separately from the pre-.
ccding portion of the paragraph, would certainly
leave one in doubt as to the Presidents m gaming
But the following will show the unavoidable con-
struction. IL Immediately precedes the sentence
have quoted:-
BY the laws of nations a conquered territory il SUBJ
oct to he governed by the conqueror during military
possession and until there either treaty of peace or
he shall voluntarily withdraw from IT, The old civil 60
vernment being necessarily superseded, it is the right
and duty Of the conqueror to his conquest and
TO pr vide for the maintenance of civil order and the
rights OF the inhabitants This right has been exercised
and this duty performed by military and naval CON-
msnders, by the establishment Of femporarv eovern
ments in some of the conquered provinces in Mexico
assmiatg them as far as practicable to the free ns
MeSco 81 and our w, eGqSy In the Of Now
sistance Is spprehended from the inhaans to the tenn.
perary governments which have thus from the
OF tho case and according 10 the laws Of war, been
established.
From this il is clear that the orders of the Pre-
sdent had in view but the temporary occupation
oil the territory. One or two or twenty words
more or less IN the proclamation of Commo.
dore Stockton or General Kearney do not alter
as TO permanency or tixedness the specific .ove.
reigatY OF the United States over the captured
provinces. Commodore Stockton proclaimed a
paper blockade OF twelve hundred miles of coast,
which was totally invad-yet who would cen.
sure him for so doing? As TO the building of for
uicauons for the maintenance of our DOS. ession
and authority in California and New Mexico, it is
easily explained by another portion OF the para
graph where the President states, there is "Iittle
II any further apprehenslons from the inhabitants
but nevertheless the authorities may endcavor
to recover the conquered territory before the end
OF the war Ii is therefore the President advises
the erection of forii6cauons
But to thus territory, although our present juris-
dicuon over u Is but temporary, we have an in
cnoate ute ansIng from the act of Conx ress
which can only be- terminated by a treaty of
peace OF our own voluntary REIMBURSEMENT, and
may oe rendered complete title by the stlpuls-
tons OF such treaty That inchoate title 70 mains
good and valid until the ratification of trcnty of
peace a treaty OF peace ouy can terminate the
of this territory to which we have by connnest
acquired our lnchoate title, shall we relinou,sb
There some who talk seriously of conining
ourselves TO tno linus of Texas, and letting the
Mexlcans alone if they let us alone, giving 1hem
up all their possessions, OF which, according IN
the views OF such persons, we have ruthes.ly
despoiled them