The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-20

Mes .sgs relates the Establishment Of territorial 60
vern men In the territories conquered Of Mexico By the
arms o. ns United States be referred to the COMMITTEES
on Terrltores, which was agreed 10.
resolution was reported from the House, providing
Mr.. CAMERON moved that II be concurred in, with
view OF proceeding TO the election of Chaplain tor the
moved that the Senate proceed 10 the election Of
Chaplain, but gave way to
resolution Of Mr., Westcott The subject, he thought,
wss'stricuy within the purvisw of the Committee on
those territories Of Mexico was vested in the
laws Of nstons and that they were not within the
Of territorial governments by act Of Congress
Mr. WEsTcoTr said that that part Of the Presidents
Message which refers to these new territories ought
certainly to be referred to some committee MIR read
"By the laws Of nations conquered territory is sub
sct to be by the conquerer during bis military
he shall voluntarily withdraw from it The old civil
being necessarily superseded il the right
and duty ofthe conquerer to his conquest and
provide for the maintenance Of civil order and the rghs
Of the inhabitants This right has been exercised and
this duty performed, by military and naval commsn
ders by the establishment Of temporary governments in
Of the conquered provinces in Mexico assmilaing
them far practicable to the free institutions OF
own country In the provinces OF New Mexico and the
CALIFORNIA; little If any further resistance apprehendsd
from the inhabitants to the temporary governments which
to the laws Of war; been established may be proper
10 provide for the security Of those important copquess
oy %anng an Tor the o.
sary incident to the maintenance Of our possession ana
authority over them"
MIR WEsrcorr commended that the power Of Congress
at least coextensve with the power Of military
commandments such powers as they possess Congress
possesses, and whether permanently temporarily Con-
grsss authority prescribe laws and make such
needul rules and regulations as may be for
the safety and Of the conquered provinces
MIR. BOSTON thought 1t proper that should inquire
what are we doing What 10 this motion, Mr. Pro
sdent The Senator has read to US from the message
and thsra Ia oil In
ton to which he refers hope the Senator will with
draw his motion wait for tho Senator to withdraw IT,
sir.
Mr.. Wssrcorr declined SO 10 do
Mr.. BENTON The Senator does not withdraw III
Mr. B,rTorEWili ths Secretary read the resolution
MR. Westcotts resolution for the reference OF so much
Of the message relates to territorial &c
Mr. Brsrox--so the gentleman refuses to withdraw
motion to refer what not in the Presidents message
something that Is in II! He reduces to the painful NO.
cessiy Of voting IT, then, sir
Mr. Ascsxn read the extract from the message and
could not find that 1t rscommenaeo 'efn'0rai govern
ments for tho conquered provinces -
Mr. BErroN-No sir We see no Recommendation BY
tho President to establish territorial n such
quest and that they are governed sd m5 20
the laws of nations then he asks for and
maintenance Of our and authority over them"
That's sll sir that's all he recommends Ana snst has
Sssn u re AND sssbsS
over territories never incorporatedi NO an trust
hope the Senator will wash his hands Oh 'ne ~ho's
AS MI w,,rcorr-rhe Senator from Missouri miscon.
ceives my proposition 49,. A.. a.,....
will agree to rub out the whole matter.
Mr. WEsrcorr explained that he DID not contemplate
the establishment Of permanent territorial governments
over these conquered provinces but 10 take them from
the military under the care Of the civil authorities Of the
Message, and commented upon III HI, object was e
place these territories under safer ana Deter contro!
univ for governments that he would pro
IMr J. X. WALKER brought in message from the
Mr. BsrTos-f object to he Senate. entertaining the
resolution il bs reduced e the niiliGn,h part q =
s ssns: tins no 4 &: %:'ss :.con
because these territories now very properly govern
ed under the laws Of nations
Mr. SsvIkR-Thats the point
Mr. ALLEN called for the reading of the resolution;
messags as refers to territorial In the pro
vnces Mexico taken by the arms OF the United stes
be Ms 70 the with COLONEL Benton
views Of this resolution. He hoped It would DO with
drawn
Mr. BErrox-oh' yes withdraw it.
Mr. Wnrcorr-What does the Senator sayf
Mr. sEvIEH think 1t is proper that these conquered
while such are the only laws that can be applied
Mr. BENroS-Oh! yes, that's the only correct view
Mr.. CAMEnoS-I beg the Senator to withdraw his pro
position, and let elect chaplain.
Mr. ArcHEn said thi: was subject oil the crested I'm.
portan CO. and he hoPsd would seEsvs ia Que smenr9n
rda II the territorial committee was the proper one to
which refer this subject when he says that their su
thorty does not 20 hey the boundaries Of the United
States.
MIR wrsrcorr-Ths Senator mistakes me. did not
sution did not extend In territorial cases beyond the
recognised established limits Of the United States.
the Territorial Committee could extend further than the
Jurisdiction Of the Constitution.
curing again upon it's adoption, 1t was proposed to
amend by inserting the word temporary" before the
words territorial to- govsnmsn .,sss sn =, ;nou1 read
territorial governments in the conquered provinces &c
be referredto the Committee on Territories
Mr. BErroS-That will only make 1t worse,
Mr. ALLEN explicitly argued that the President re.
commends territorial over the provinces
ton vas incompatible with the Message. in assuming
a fact which did not exist To asssms that the Presi
assume proposition he had made. We ought TO
be csuous and guarded in what we do in this relation
The fact assumed did not exist and we ought to get
Mr.. CnIrTINprS spoke generally of the magnitude
Of the inquiries suggested by this resolution We
last launched upon the unried Of conquests and
whether the conquered countries to be governed
by consuls prosonsuls like the conquests Of Rome
present the resolution would be postponed or laid
the table,
Mr. BENTON Congress may inquire whether these
military have properly exercised their autho
ry under the laws Of nations to that they do nothing
but what vattel or Grous allow: them to 90 but that
II to be the view Of the Senator from Kentucky
and have no objection to that view But save me- ST.
from that other view spare me the spectacle be-
fore the cvliz ed world, Of forming civil governments
for territories taken by and which BY arms be,
in the chances war taken back to-day tomorrow
Spare from this spectacle Let us not declare that the
Presdeu has said things which he has not said Spare
at least in this
Mr. Wrsrcorr said that he had three times distinctly
defined his proposition His object to regulate these
military authorities and to restrain them from the
exercise despotic power He did not propose
California or New Mexico TO the U. States He pro.
posed hold the military authority over these provinces
M. h nd aafa If ncta of
gress The Senator from Missouri wished to be spared
spectacle which altogether imaginary. The rsso
luton proposed only such temporary laws may bssf
visable for the maintenance Of posssssop Andsr
rity "over these conquered provinces"
Mr.. SIMPLE would make suggestion TO the Senate,
that IL should entertain motion to refer arecom
endaton of the message which, In fact, did not exist
in that document. The President does not rsconmSnd
conquered provinces Of Mexico. We might just we'll