Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1846-11-06
From ihs Cllcin1aL CE-onlCie.
CONQUEST OF MEXICO.

tweniy years we have now behsld the steady
proereSs Of this Government towards an over.
wheming Ceniral Despojism. Il first exhibited
itself 10 an unlimited Tyranny over oil minor OF,
fees. II suhjected 70 is cacrces and unlimited
control the acts and the consciences OF all MI
nor fanotioaayies. ltnext seized upon the Trea-
sury, and assumed 10 change, without law, the
deposit, and declared lself the open enemy ofI
Institutions, chartered BY the State Legislatures.
Having thus acquired despotc power over the
offices and money Of the people Of the United .
States, il is row taking the last step which can be
taken, in the career Of a Government TO unlin- /
lied and unlawful power-the seizure upon the /
Governments Of foreign territories, and the ex-
ercise Of the powers Of those Governments,
without any constitutional grant.
The case presented. and about to be presented.
b. the conquest Of Mexican provinces, is one
which demands the serious consideration Of ev.
cry American citizen. Itpresents a new trial to
the powers OF the American Constitution. Let
US examine live assume that the procama-
lion Of General Kearney and his acts in New
Mexico are the acts Of the President. We as
sumo this because the language of his proclama.
ton indicates a settled policy, and because it
would be strange indeed, if insuch weighty mat
tiers, he acted without authority. We affirm,
then, that the Presidents conduct in New Mexi-
co is an usurpatioa Of authority, unsupported in
the least degree, by the Constitution.
The passages in Kearney's Proclamation, 10
which we refer, are these:
alt is the wish and intention Of the United
States 10 provide for New Mexico free govern
ment with the least possible delay, similar to those
in the United States, and the people Of New Mex
leo will be called on 10 exercise the rights of
treemsn in electing their own Representatives to
the Territorial Legislature, but until this can be
done the laws hitherto in existence will be con-
tinued until changed or modified by competent
authority, and those persons holding office will
continue in the same for the present, provided
they will consider themselves good citizens and
willing 10 take the oath Of allegiance 10 the Uni.
ted States.
The undersigned hereby absolyes all persons
residing within the boundary Of New Mexico,
from further allegiance to the republic Of Mexi.
co, and hereby claims them as citizens of the
United States. Those who remain quiet and
paaccablo will be considered us good czens and
receive protection. Those who are found in
arms, or nsligaling others against the United
States will be considered as traitors and treated
accordingly"
Gen. Keornay hero speaks in the name of the
srucons;" he il, therefore, evidently speaking
by authority of the President and the Admins.
ration. 1t is the President that thus defes the
Constitution, and sends forth his series of Usur-
pations. They are comprised in these PROPOSE.
lions by the Proclamation:
/. Itis the intention Of the United States to
give New Mexico free Government.
2. That the people Of New Mexico must elec,
a Territorial Leglsla'ure-lhus admitting on the
face oC the document that New Mexico is not q
part Of the State Of Texas, and not now annex
ed!
3. Thattha citizens Of this New Mexico, who
hold office must take the oath of allegiance.
!. That these Mexican citizens are claimed as
citzens Of the United States.
This seyos of usurpalions has not the least
title Or support in the Constitution, and itsclfc
atitutes violent aud dangerous usurpation of
power. That II does 80, we shall show in few
words.
/. The Constitution Of the United srutes has
conferred no power on Congress, the President,
orany OF all the departments of Government to
govern by civil laws foreign or u conquered
territory. The Constitution, in fact, never con-
tempated conquest and not having contempla-
ted it, has made no provision for it.
Search the Constitution in every word syllable
and letter, and there IS no word which can, even
by implication, confer on the government the
power of civil administration over a conquered
territory. The very document issued by Gen.
Kearnev admits, on its face, that Now Mexico
was not acquired by the annexation Of Texas,
nor by any treaty, or pcaceable means. 1t an
nounces in words, that in consequence Of ,car
the commander had taken possession Of Santa Fe
L.. H. D., sc, ,k- r. IL
is the only one from which the Government of
tho United Slales--President or Congress--de-
rivos tho least legal power over New Mexco!-
Docs the war clause of the Constitution grant
any civil powers! Not an ota of it--not a look
ing towards that way does that power contain.
The war power aulhorises the President and Con-
gress TO declare war, TO raise armies, to make
war, TO make rules and regulations for the ar.
my, and in fine, to do any act of war which may
be done by the Laws Of Nations, but not one net
Of civil govcrnmen, over conquered territory is
included in the entire grant. Now, under this
war power, the United States Government may
send an army into Mexico may capture forts,
posts and towns; may hold them in military pos,
session; may enforce martial law in the district
occupied. When this is done the war power is
exhausted, and neither General, Precedent or
Congress is vested in the Constitution with any
power TO enact a civil code.
2. The Constitution confers,he power on Con-
crass to pass Naturalization Laws, and under and
by these Naturalization Laws, foreign citizens
may become citizens of the United States; but
there iJ no authority in President, General, Mar.
taI Lawor Civil Law 10 make any one man a "cit.
zen" without the process Of that Naturalization
Law, nor even with it, withou. the voluntary as.
sent Of the person himself.
5. General Kearncy's declaration that Mex.
canciiizeno are absolved from their allegiance"
and become "ci,izens Of the United Sta,es," is a
violation Of the Laws Of Nations. England
and olher countries have invariably maintained