Weekly national intelligencer., 1846-11-21
SPIRIT OF THE FREE PRESS
PROM THE MISSOURI aEsusLrcAs.

this day OF the assumption Of power by the Exc
cutive OF the United States, any thing can excite
surprie and awaken inquiry in the minds of the
people, the recent acts OF Gen. KEARNEY at Santa
re ought to DO II. We do not doubt that Gen.
kEARNEY, in all he has DONE has the authority and
direction of the Administration at Washington and,
therefore, the President and not the General, is re-
sponsible for the legality of the proceedings Ii
will be, we apprehend, thus regarded by the people
until there is some official evidence to the contrary
We allude, Of course, 10 the organization of a
new Territorial Government in New Mexico, by
the appointment Of Governor, Secretary Of State,
Marshal, District Attorney, Treasurer and Auditor,
and Supreme Court Judges, as announced in Dur
paper of Saturday last on unquestionable author-
ty1 This exercise of power is novel and extraor-
dinary, SO far as the history and practice of our
Government extends. There is no precedent for
it in the action Of any Of President PoLK's prede-
cessors. II is entirely feature, for the first
time claimed and exercised by President PoLK
and the inquiry must force itself upon the mind
OF every refecting man, by What authority has IL
been done? ~
There is no acl of Congress authorizing the Pre-
sdent to form Governments and appoint officers for
them, in any department Of Mexico or elswehere
There is no clause in tile Constitution vestng
him with any such power, implicitly or directly.
Where then, Is the authority 1t is the boast oflhe
the highest to the lowest, are regulated, and their
actions controlled, by written constitution and
laws, and that, beyond the authority therein grant
ed they cannot 60, without violation Of their Off
cia oath and duty. In this instance, however, The
President, without any warrant or authority what
ever, attaches an immense country to the United
States, and forthwith proceeds to establish over il
Territorial Government, appoints off GERS, provides
for the pay of their salaries, we presume, and, as a
consequence, gives to it all the rights and privileges
which legally constituted Territory enjoys, II is
fair presumption, also, that, as Territorial Gov
ernment has been established in New Mexico, f it
has been legally created, the people entitled 10
send their delegate TO Congress that they are,' in
law and in fact, part and parcel Of the United
States, and entitled to every privilege which that
dignity confers.
The language of General KEARNEY 5 first procla-
nation viewed with wonder by the great mass
of the people of the United States, especially SO
much of il as promised the people of New Mexico
an early admission into the Union. How much more
must they be surprised, when they see that promise
consummated, by overthrowing the former Govern
ment (although he had only military occupation of
the country, and no treaty had been made by which
its ownership had been decidedly and the substtu-
ton of new one, strictly United States Terrific
rial Government, and disappointment of citizens of
the United States to fill all the civil Offices. If au-
thorlty exists for this assumption of power, then
the promptness with which it has been executed
merits commendation but if it be- as we hold it is,
deliberate violation of the constitution on the part
of the President then il is Of such magnitude as TO
call for close scrutiny by Congress. Such an in
vestigation, we trust will be made at the next ses-
sion but if not then, it will surely be made in due
time by the people.
In calling into question thespower and legality of
the orders of the President we do not intend 10
censure or disapprove the appointments made by
Gen. KEARNEY. We know several of the persons
appointed to Office, personally, and can commend
them for the stations assigned to them. But, after
all, what authority of law will any of their acts
have, and how far will they be binding upon the
United States or individuals! Neither the Cohsti-
tutions or Congress has given the President The
power to make the appointments, and as he had.no
legal authority to appoint them, they can derive no
official or legal sanction from his acts.
To the people Of the Union the question is i'm
portan as it involves the inquiry to what extent the
Executive may go in the acquisition of territory
and the exercise of the appointing powerl If;the
President can go on and make conquests subyert
Governments, annex whole foreign and indepen-
dent State and people to this Republic, constitute
them citizens, give them new form Of government,
and fill all the offices by his own appointments,
then indeed his powers are unlimited, and all other
departments of the Government are lost in this
universal stretch Of power.