The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-10
CONGRESSIONAL.
TwENrY-NINTH CONGRESS-,
Second Session.
WEDNESDAY, DECEMBER 9, 1916.
HOUSE OF REPRESENTATIVES,.
lCoNCLUDED.l

After Mr. DAVIS had concluded --.....
| Mr. HARALSON again rose to address the House, but
yielded the floor to
Mr. DOUGLASS, who desired to say very few words
N reply to the gentleman from Kentucky He understood
that gentleman 10 waive the material point about the right
10 establish military government, but drew distinction
Whch ne (hlr. d. might notice at another time, and
asked by what RICH General Kearny had annexed Santa
te 10 this country He did not know whether he meant
BY that question that the proclamation OF General Kearny
had annexed that province The gentleman answered. no.
Then was 10 be presumed that the issue he wished
make was, that General keany had right issue that
territory was part Of the territory Of the United States
before the general issued the proclamation all Ii was
part OF the United States by virtue OF the act of
quest which annexed II. II required no proclamaton-
required no other act than that of conquest itself And
he maintained furthermore, that If treaty OF peace
made with Mexico without establishing her limits, all
these conquered provinces part and parcel of the
United States by right of conquest and so remain
forever unless coded back Mexico or unless recon
quered was therefore the act OF conquest which an
nexed the territory and did not require the procama
ton OF General kearny or Commodore Stockton. They
merely declared the existence OF fact which had preyi
ously occurred. Now, on that point he had only one
word more 10 say When the gentleman drew distnc-
tons between civil and military government he (NIr d.
he wished hun 10 answer the question whether il muir
der committed, the trial of the murderer would moi
be civil function within the meaning OF the term as used
by the gentleman himself? Would he allow all sorts OF
crlmes-murder, robbery, and arson-to be committed
there' Certainly he must unless there Judges TO
Try them, and an organized form OF Svil government Or
would he have the trials solely by eburs-martia That
was the real point at issue
Mr.. HARALSON then said that he did not intend To
occupy the attention OF the House long any of the
gentlemen who had addressed it, 1t not his purpose
to make speech lustifyng the conduct OF the military
officers OF the President OF the United States because
he regarded such movement premature The jstif-
cation would be premature had been the condemna
E non on that io9r ne was not fond Of taking leaps in
case which was not properly fully before the House:
II seemed to him that the discussion would be more peril
nent when the subject itself came up He had endeayor
10 mt he in
loTm Let the information come Let them see what
had been ordered by the President and what had been
done under these orders Them if there were anything
to condemn he would unite in its condemnation For the
present. he not disposed either condemn or to Jus
uiy what had been done, for the simple that he
was not sufficiently well informed of what had been
really done. He deemed ii proper TO state however that
he took very different view OF the from that which
was entertained by the gentleman from Kentucky He
SAID that IT was no foreign question, but involving
alone the establishment OF civil government Accord
ing to the argument OF the gentleman it would appear
that the territory was within their borders He NIr
H. had looked on the question as foreign from be-
ginning to end. They were involved in war with Mex
leo In virtue OF that war; they had possessed themselves
of certain provinces of Mexico; and BY the Presidents
message they had been informed that government had
been already established there by officers of the United
States; Now he asked the gentleman from Kentucky
and all others, what would they have had the govern
men of the United States do? Would thew after these
provinces had surrendered to the military forces of the
United States have suffered their former governments to
exist? Would they have had the people remain without
government? Would they have permitted disorder and
crime proceed without any check or hindrance He
was regarding the question in the light in which he
thought would appear TO the of every
man. The Congress of the United States was not in SEES
sion at the time when these events occurred The armies
OF the United States possessed themselves of these prov
nces according to the right of the declaration of war-a
right which no one would deny-a right which empow-
cred the United States to do the enemy all the harm pos
sibe in accordance with the saces OF civilized nations
They had an undoubed right them possess themselves
OF these provnces-of all munitions of war; and of all
descriptions OF property which they contained. Now,
what was possession WORTH unless the people of these
provinces were made to feel the weight of ii? 1t must
strike the common of all that was of para
mount necessity that form OF government should be or
gained and established in these provinces for the pres
ervaon of order, the prevention of crime the security
OF life and property, and the maintenance of the author
y OF the con99enrmg power He apprehended that the
least that could be done in the circumstances was done
He would read portion OF the law of nations, as laid /
down by Vatte which applicable to this point That
authority had said that mmovabe possessions, such as
lands, towns, and provinces, became the property of the
enemy who makes himself master of them; but only by
treaty OF peace entire submission or the extinction of
the state to which they belonged that acquisition is com
peed and the property becomes perfect" 1t not pre-
tended by the friends of the administrations or the friends
OF the war; that the acquisition of that territory was
between the two contending powers Any govern
ment which formed there must be Temporal
ry, and was SO intended Congress was not in
session at the time 1t absolutely necessary that
some form OF government should be formed A tempo
rary had accordingly been formed subject of
course to the revision OF Congress- and to be controlled
tween the two nations 1t was temporary altogether and
originated in the necessity of the caseer necessate REL
And let them hear Vattel on this point
"The conquerer who takes town or province from his
enemy cannot justly acquire any other rights than
such belonged to the sovereign against whom he has
taken up arms War authorizes him possess himself
chat belongs to his enemy: if he deprives him of the o
eregny OF mat town or provinces he acquires it, such
IL, with all Its limitations and notifications
And in the next paragraph he says
Hitherto evidently speak of country which is not
simply an ntegrant of nation, which not f.
belong TO sovereign but which that nation or that
sovereign has rights. If the conquered town prov
nation sovereign, passes the footing into the
power OF the conqucrer, hcnCefoward united with the
new state 10 which it belongs if it be loser bv the
change, it is misfortune which it wholly impute TO
the chance OF war"-Book3 chap. 10, PIP. 3S7, 1888.
II would be thus perceived that Vatte represents the
relations between the conquerng power and the people
of character similar to those which subssted between
that he would not discuss the question now These
cusory remarks were made merely reply to the gentle
man from Kentucky When the question came up fairly
when all the information was before the House-tbe
discussion would be proper and then he hoped to be able
to sustain all that right and condemn all that was
wrong AS to his amendment its propriety was obvious
Mr.. RHETT next addressed the House He said il
was very important when acting any subject involving
principles that these principles should be distinctly I'M
derstood Had the gentlemen who had taken part in The
discussion rested il on the principles on which it ought
to rest, as II appeared to him, he would moi have said
word But II he understood the course of the gentlemen
from Kentucky Illinois, and Georgia they all agreed i'm
one thing, from which he utterly dissented and which
if conceded yielded he thought to the gentleman over
the way the whole advantage of the argument The
position assumed by the gentleman was this that the
NN t.. ,W,.lI IL n Al a 4 O.