The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-10-17
GENERAL KEARNY IN SANTA FEE.

GENERAL KEARNY IN SANTA FE'
The Wing journals have, Of late, been greatly
troubled about the transactions Of this oieer, anu
the Intelligencer Of this morning, bunders and
twaddes through three columns, with the patriotic
purpose OF showing that Gen. Kesrny, in taking
military possession Of New Mexico, and making ar
rangements SO TO hold 1t without farther shedding OF
blood pending he Vu, and subject to the orders OF
his government has violated the constitution OF the
United States This 10 all quite In keeping with the
whole course Of the Mexican organ, which untortu-
nately happens TO be Published not at Mexico bu'
at Washington. Unable to deny the glory OF Gen.
Ksarny's victory, IL contents with Issailing him,
land through him the administration under which he
aels,) as forgeru of the limitations imposed upon
Eis military authority by the constitution and laws
of his country. Such prc-judgment of his acts IN
the heart Of foreign province, just wrested from the
enemy by his Skill bravery, and indomitable perse
yerance il very characteristic treatment OF gallant
and patriotic soldier, by the wing organ
But the whole case lies in nutshell. General
Ksany, in due prosecution Of lawful war, invades
portion Of the enemy's country, eompels tho hos
tile army to abandon il, and takes military posses
sion Of ia capital and territory in the name OF his
government. BY the simplest and plainest laws of
war is his right and his duty to hold the posses
sion of what he has conquered belligersnt sub
sct to the orders Of his government, till the war
,haII be terminated by treaty. For the means
which he has adopted, that are necessary TO secure
his military occupancy during the war, he Is, as an
officer responsible to the authority under which he
acts.
In support Of these propositions as to the bellge-
rant rights of the commanding officer of an invading
American army, we do not deem il necessary to
quote either Vstel any other authority, legal or
constitutional Such propositions need only to be
stated. No one will dispute them unless 1t be the
publcsts of the Dsro at Mexico, or Of the lnteli-
gencer at Washington.
As to the final disposition Of the territory thus oe.
cupied and held by the laws OF war-it belongs to
very different jurisdiction. Ii belongs exclusively
To the constitutional authorities of country-that
is to say, the treaty-making and the law-making
powers under our constitution. Nothing can
be done in relation to them except by these authori-
ties The ultimate disposition of the territory-its
annexation, government or surrenderall this Ia TO
be settled by treaty and by federal legislation.
In connexion with this subject, we find the fol-
lowing article in the "New York SUM-"
"The power Of annexing New Mexico to the
United States is denied to General Kearney, and IL
claimed to be an attribute of Congress alone. 1t il
so, beyond doubt; and General Kearney has done
no more than TO capture that country from the en-
envy, and announce its provisional occupation and
annexation to the United States. II is said that we
MT ha xuar ut nne af hut
of defence We had no declarations TO make in the
matter; none could be made. The war was de-
cared against us; and il was on our side war de-
ensive and offensive, as necessity might require.
We have right to capture all, or any part of Mex
co and TO hold it until treaty of pence shall de-
eide how it is to be disposed Of. We may restore
all or part Of our conquests; but that we have a
right to make those conquests from the enemy, is
not to lie disputed. The President is authorized to
instruct our commanders to capture and to hold any
part Of the Mexican territory. Congress, when in
session, can make whatever dispositions of the ac-
CURED provinces 1t sees fit" -. ~.
The above comedies with the following views,
which we promptly expressed on receiving the ac-
counts of General Kearney's success. We beg
leave to add that the wing press are making great
samor upon the permanent annexation Of New
Mexico to the United States They are talking of
General KS instructions. We advise these editors
to be little more cautious in their assertions,
and more chary in their censnres. The provisional
and temporary government of the territory in state
of war is one thing; its ultimate destination at the
conclusion of peace is another. No military power
and no executive power can permanently annex ne W
territory to the Union. That act must depend upon
the other constitutional authorities Of our country,
IN connection with the executive power. The wing
press is laundering in error, as they are too much
accustomed to do. They must strike at the admin
istrationg Such 10 their fashion, and such, too often,
is their folly; but they are striking in the dark, and
they may be assured that they striking them
selves They are making speculations which they
cannot establish, and committing themselves to as
sertons Of which they may hereafter be ashamed.
"THE SANTA FEE EXPEDITION.
"The expedition under General .Kearny to Next
co has been eminenay successful. The gratifying
intelligence that this important movement has been
crowned with success, without bloodshed, seems
to have been received by the country with delight;
but by the National lnteigencer of this morning,
with any other than American or patriotic feeling.
What General Kearny's instructions are, we do
not know. 1t is not to be expected that such
orders should reach the public enemy by publica-
ton here, pending the military operations. We
presumed that he has exercised no right which
does not belong to bellgeants. General Kearny's
successful occupation OF the VS. country, not
only justified, but required, that the Mexican gov
eminent should be superseded. The continued dis
charge of these functions, by Mexican authorities,
unfrendly 10 the United States, under such cir
cumstances, would be something new in the prose-
cution Of war. The provisional government SUBJ
stituted is necessarily temporary, limited to the
military occupation of the country; and the destina-
ton of the country itself dependent on the ultimate
settlement, TO lie consummated by treaty of peace
to be duly ratified by the constitutional authorities
of this country. The infusion Of democratic princi
Piles in the seIection Of the agents to administer THU
provisional government, is wisely adopted, bu
seems to be very distastefu 10 the friends Of Mex
ico."
Az to the perpetual carpings Of the wing Journal
about the proceedings Of our government in tn
prosecution of the war, we can only advise them L
possess their patriotic ardor in patience. Their pre-
mature and prurient curiosity cannot at once b
gratihed. Il is wholly out of the question that il
time Of war our government should publish to tn