The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-20

The Mexican War.
'rAeiAl cohhEsroSDEScE OF THE YORK HExALp
MArAMoRAs, Mexico. Sept %, 1886
In the mean time give extract of letter of the
ioth' the latest information perfectly authentic
! "CAMr, ARMY OF OCCUPATION, !
Near Marin, Mexico, Sept. I6 !
Our first day march from seralvo was about twelve
very rocky and also muddy. from the rain of the
DAY before il was nerseced by ltl streams
from the mountains through which had to wade and
IL was though but short distance, a hard march The
next day over similar road brought to Papagalos,
rancho OF about dozen houses We found every
rancho deserted: not soul living In the houses. The
third days march brought to present encamp-
ment, which is the San Juan river, and half
wss truly magnificent, with high mountains on our
right. and the Sierra Madre the South The road
pssaos to Ramas distance of about eight miles. hs
road rocky and bad one for wagons Ramss very
Pretiiiy situated in q valley and has about thirty or
hoases with one or two exceptions, deserted One OF
the few families left told that they had been forced
ened they did not leave to burn the houses their
wives heads. From Ramos to Marin, about six miles,
being Ss land ON which Marin al
Marin Is Immediately on the edge Of this table land and
best town we Saye st q ae houses Is ne
and well situated From the edge of the you look
over beautiful valleys and see mountains whose tops
lost in the clouds. Marin. like the other villages
nearly deserted the people being actually driven
Torejon The advanced guard the LIST division drove
party ofMexican ancers out OF Ramos wounding
Torrejon was here when Gen. Tay FLOR was short dis
lance off but took good to leave in time He had
400 or 500 lancers with him.
In the woods where encamped were several
families who forthwith returned to the az
we reached it Torrejon carried on the Alcalde and
Padre and there in camp last night that
Acade was hung for having consented to furnish Gen
Taylor with corn. Hays regiment with Woods, also
badly leave tomorrow for the city of Monterey ii is
eighteen miles distant Opinions are pro and con
majority" KY
OUR RIGHT TO sIEzR THE WHOLE OF MEXICO.
From the New Orleans Delta
The taking possession of Now Mexico by General
has given rise to several jokes part and
serious comments the part Of others The Jokes
know the old General will take in good part he
sees them, for he loves fun as much fight But
far attempt has been made in earnest TO attack
Propriety of his conduct stand ready defend him.
His course the only which he could properly
pursue 1t is that dictated by sense, and it il
perfectly in accordance with the rules of
War is chlds plsy-it the attempt of one nation
for certain reasons good or bad to do much injury to
another as may appear necessary to compel it, assent to
war il declared
10 acquire rights by war, however, the war must be
just one. That present war is just shall
for moment appear todoubt by attempt prove
Being just, then. have all the rights that war
confer, and among the most important of these
the subugstion of the enemys country the sovereign
control the acts Of its citizens subjects and the
en- the conqueror or weaken the conquered. Among
these rights would natuI ally think that the taking
possession OF territory the swearing Of the people to
sustain the ring power and exercising Of
veregnty, such granting protection, levyirg taxes,
&c. would be prominent. And nothing more than this
In doing so he has strictly conformed to the rules OF
modern warfare, although he may have possibly depart
ed from tangled notions of conducting hostil
ties by killing with kindness" There is no such thing
that have over heard OF as holding provisional pos
session" of territorywe think tkat such idea
hed in e. md oils
where discovered the new principle In proof Of our
position shall refer to some acknowledged authori
l. Van By nh ershoek, authority to which all ma.
tons REFER thinks the question as to the rights of the
it, but contents himself with the simple remark (Qaes
honis juris Pubci cap ii that conquered couu-
andaterwards explains the meaning of cum oners
to be that the conqueror can hold no higher right than
IT. The mild philosophical and peaceful Burlamsqui,
in his treatise public law vol ., chap Ia. 81
though evidently endeavorpg to soften the horrors OF
Besides the effects of hitherto mentioned there
remains the most important of ALL and which
shall here considers mean the right of sovereignty
acquired over the conquered We have already remark
ed when explaining the different ways of obtaining the
supreme power that in general may be acquired either
I'VE must, however, tobserve that war or conquest
considered in ITSELF is not properly the of tins
QUESTION that is is not the immed origin of
reigny. For the supreme power is founded the tac
or express consent Of the people, without which the
conceive
there be obligation to obev person to whom
have promised no subsection. War then is properly
NO %sIe nam ,ns cSno, % the
to the victor than to expose themselves to total desruc
ton
Besides the acquisition of sovereignty BY the right Of
conquest cannot strictly speaking pass for lawful,
less the be just itself and the end proposed author
ICES the conquerer things to such extremity
acquire the supreme power the vsnquished that
Is to say either our enemy must have no other means of
pay ing what he and of Identifying for the
dam he mas ar OH a ~ "a y MAT at
solutely oblige to make him dependent In such
circumstances it is certain that the resistance Of van
against him SO far as to reduce him entirely under
power; and we may, without injustice take advantage
Of the superiority of arms to extor from him the
sent which he ought to give us Of his own accord"
It ia evidently attempt to introduce the liberal
system yet even he in every respect sustans the
ILL., vattel who is authority with all mankind, writes
follows lie Drot des Gems Liv iii chap. xiii Sls9)
The conqueror who takes city province from his
enemy only justly acquire the rights which the
reign possessed against whom he has taken up arms
war authorizes him TO take that which belongs to his
enemy If he the sovereignty he acquires it
such as is with all limitations and notifications what
ever. Heretofore, it will be seen,
have spoken of city country which is not wholly
part Of nation which does not fully belong to
vereign but which such nation prince has only
fecty belongs to the domain of nation or Of a sove
reign, it passes on the same footing to the conquer
which il belongs il it lose by the change, it il misor.
tune Of which 1t can only accuse the chance Of
Thus city which formed part of q republic or Of
limited monarchy, which had right Of deputaon to the
sovereign council, or to the general assembly, if
jnstly conquered BY an absolute monarchy. could no
longer think of rights Of such nature the constu
ton Of the State to which it belongs does su
fer H.
w Martens professor of law in the university of Got
ungen, at that time under the patronage Of the English
king in 1888 published treatise the law Of nations
which we suppose may be looked upon as good author
~ by the English government, with whose influence in
the California and New Mexico business we afe threat
snsd In tina. treatise book sec 81 he seems to have
had the OF New Mexico in view and has fully
justified every measure taken by Gen. Kearney These
are his words -
The conqueror has, strictly speaking right to make
prisoners OF war of all the subjects Of hostile ate VINO
may fall into his power, though they have committed
violence ganst him and, Of course he has right to
remove them TO another country. But. nowadays the
conqueror generally carries his rights in this
further than TO submit such sub, ects his DONNA
on to make them feslty to him. exercise Ger.
tain rights Of sovereignty them such raising and