The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-12-29
y. unless they deemed /, Incompatible with -

security OF their conquest and their army, we,s
they not bound 10 SIMPLY the ovii pnlily they hal
superseded ~ guard The conquered inhab.ian,s
against anarchy and confusion. and ptpract then,
in the enjpymeot of their rights Of property and
person This could only be effected by laws ana
officers 10 administer and enforce justice in sbo,
by organizing and establishing in all essential do
partmenls the framework Of Temporary or p,o
visionai royernn. snt AS 2f -
1t has been commended here that the ONLY oov
ernment which could be righ,fully established
must he military one, as tradistinp uisbed
from civil institutions but how can any one
under the Prelenco Of advocating the cause of ms
ice and humanity maintain that the Conquered
Peap'e sh"nld be KEEP, under the despolism If
martial law--the stern control Of military antbo,;
~ IN constant exercise. instead If being brongb,
under institutions OF civil administration approy;
mating TO the benign rnle of peace2 If the powe,
To maintain and exercise the extreme of despo,ic
acknowledgements law--and to establish mjli,a,r
government. existed. is confessed by all su,.
y The exercise of any less aulhoriiy--the adoption
and PRONUNCIATION of regulations or laws tn apnv
and govern in social and civil relations, and ,bs
appointment OF civil officers in lieu of nili,a,v
subordinates To intercept aud enforce them. arc
involved IN Tho higher claim, and not only mich,
properly. but, If circumstances allowed ougb,
righJmily TO be preferred. II is true. the sane
lion and authority of such laws and officers wonld
spring from the military domination exercised.
but. assuming the similitude they would like
wise have most of the advantage which to Tho
people governed. the institutions of civil policy
have over the arbitrary exacii0ns Of martial law
There was, therefore, clearly MT only the rioht
out the duty, IN our conqnertng commanders Il,
establish provisional civil government, and. in.
stead of being matter of complaint by the con.
quered people, was to them n concession Of ms.
tlce and humanity. To the citizens too. of all
trail oil
country, or having relations Of trade or intercourse
with IT'S people, the benefits of snch civil insli,u
ions, In contrast with the Tigors of military law
are apparent. In the establishment of sucb
temporary government for the regulation of tbs
people while under our domination, it would bs
OF course but compatible with The law of nations
and The principles Of justice, that as few innov,
iioHs should be made In the existing institutions
customs, and officers of the conquered people ,s
were consistent with the primary objects of safa
~, and the maintenance of ascendency over them
10 secure these Indispensable objects il is palma
BILE that. as the previous civil INSTITUTIONS vera
derived from another sovereignty, and DESIGNED
To eHectuate the ends OF hostile government
essential qualifications and changes must be made
m many respects, TO accommodate them To Tho
new relations of the people with their conanerors
and Ia make them subservient 10 the maintenance
of their military ascendency. }n determininu
snch inevitable alterations, the most palpabe can
siderations of justice and propretv would natural.
iy lead the conquer0rs To assimiate the new
features introduced by them To the institutions Of
their own country, which they were best ac
quainted with, and naturally believed the most
just and wise. Such similitude would enable the
new agents TO be selected for their execution more
readily TO understand and execute them. and
would more naturally secure the respect and de-
terence OF the cOnquering army while in The
estimation, not unreasonable, certainly, of the
conquerlng commander, institutions similar TO
those ct our own nation would be most likely TO
secure the rights and subseIve the interests of the
conquered people. In conclusion on this branch
of my subject, trust. Mr. Speaker, i, may be re-
garded as established that, in entire suhservience
to the law Of nations, and indeed in compliance
both with IFS obligations and those of Justice and
humanity, our victorious generals, on conunerng
the provinces of Mexico and receiving the sub,
mission Of their inhabitants, were entitled and
bound, so far as they could do SO with safety to
their army and IT'S conquest. TO establish provi.
sional civil governments and, in their necessary
changes of existing institutions. might naturally
and juslifiably assmaie them to the institutions
and laws of their own country
But. Mr.. Speaker while our comma nders were
bnund 10 establish such prov siona governments
| by no means intend that the rights TO be exer.
cised at the pleasure of the conquering nation &C.
cordIng to the laws of nations end there A
higher and further right clearly appertains to the
conqneror at his election. Having subdued and
ex,uguished all organized opposition in provinces
ct The enemy, The ccnquerng nation, either for
vengeance and punishment, or for lawful indem-
nifty, may choose permanently TO hold such prov.
nces as It's own--to make their territory part and
parcel Of lis own donnions, and TO receive and
incorporate .heir inhabitants among its own CHI.
zens. This Is clear under the law Of nations,
whether the universal practice of warning sover-
no l,fti
eSpounded by the ablest civilians, be regarded as
the just source of Its principles. Our Union
might, therefore. IN regard To the conquered prov
nces OF Mexico. elect to regard them one or all,
as afnrding just measure Of punishment or a
reasonable indemnity Tor It's claims aud incorpo.
rating them into its territories. make their lands
the SOIL, and their inhabitants the citizens, Of The
United States. BY what authorities of the
Union and in what mode, as domestic question
nnder our Constitution, such election and incor.
PoratoD might be made, may he very important
question, as we shall hereafterosee in another h
branch of this investigation; but, as an Intern 4
tional question, whether between our Union and
Mexico. or in regard TO neutral nations il is cef-
aIniy within the scope of national rights 50
as TO elect and incorporate. Having such rights,
even 1T our gallant officers, who have effected
these distant conquests, have proceeded to The
utmost extent in Dictated by the loose phraseology
oi some OF the proclama,lons published over their
names, we may choose TO confirm or disclaim
their acts as those of the nation but in no even!
can they be held TO have outraged the rights Ell
ther Of Mexico other nations. or to have volat
ed the just obligations of the Union under the Law
Of nations.
The whole course Of argument in relation 10
the external aspect Of this question, and especial
~ this last view, has been pursued by me. Mr.
Speaker, TO an unnecessary length from my anr
ieiy, TO the extent of my limited abilities. TO vim
dictate, before the country and the world, ids I
honor OF the nation, and TO exhibit even in The 4
extremes to which it is Supposed our distant com
manders have proceeded, that she has never eS