Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-10-12

Hath but one p.Re!"
The Enquirer affects with derision the com
men VIC have felt due to the gravity Of the subject TO
make the novel ond extraordinary proceedings of
the commanders OF our forces in New Mexico and Cali
iorna. Regarding 1t "A tempest in a tea pot
10 use 1t own prase) it nevertheless deems il necessary
10 devote than column of remark in the vain ef,
to show that the pursued has been strict confor
unity with tic constitution and laws. And yet il this wero
The aei would be TO demonstrate it, by process Of
augmentation once familiar to the Enquirer, and to
which tevcn occasionally resorts when il would ties,
the cunSttuuonaly Of certain Wing measures TO which IL
has evnced such un,rng and nHcxblc hostility. II it
will point out to clause of the constitution or tho
provision OF any statute which has conferred upon
toe PRESIDENT the night 20 foreign territory even
though were territory conquered in the prosecution Of
war epnsitntonaly declared shall at once admit that
we have done injustice that unconary and endeavored
TO rase false alarm But the Enquirer has not done this
nor Is II IN m power to do Prior to the purcha.e of
Louisiana and Florida it seriously doubted even by
those who were most anxious for their acquisition whether
The Government 10y which do the E1eeutve)
had been vested by the constitution with the power Of e1
tending the limits OF the Union ALL But question
It may be cuntended, has boon settled by PREcEpESrot
always regarded by certain class Of politicians as safe
rule OF action government OF limited powers but upon
which they tell rely when they desire to accom-
psh come favore design. Concedng therefore, for the
cake of argument the right "enarge the area Of free
DOM by the incorporation into the Union of STATE
whether purchased like Louisiana and Florida or volunta
riy seeking alliance with like Texas or conquered
IKE California and New Mexico the question recurs by
what process is this extension Of territorial limits TO be
sheeied-by what authority be sanctioned Is it III,
province Of the President alone, by a simple proclamation
Issued under his sign manual or by our mil tary and
naval commanders acting under his instructions to exet
else this ACT SOVEREIGNTY The Enquirer will not as
sert that the President rghuy any pow
or that he authorize others To do So Indeed il
expressly says, that this point "AoKEEs WITH TIE
Wus" There is, thea, controversy between u.s. nor
ground for controversy in regard the DOCTRINE
But the Enquirer that Gen. Kcsrney has not done
the charged that the dispute is narrowed down to
OF JAcT.
Let US Ihcn, look at it in this aspect. The Enquirer
says "He Gen. Kearncy) holds it New Mexico) as
conquered territory OF tho United States; and expressly
cares, that the laws in force will be continued until
ehanGed modified by competent authority (ol course
horeaf'er and continues in office the present authorities
ls there any here or any assumption of the
Sovereign power OF government His duty is to hold
theprovince securely; and would folly in him TO re
"tain the authorities without moking them swear allegiance
'to the United States1 And though he may assume the
little OF Governor, does he thereby acquire any more
'Pewer than nc possessed from Military possession of
;he terioryl He has changed laws OF the coun-
try he has not annexed the territory; but simply de-
''eares that Military Governor he holds it as con-
quest Of ths United States subject the future decision
o Congress, or the treaty making power" The Enquirer
goes on to say, that it does how Gen. Kearney
could have acted Otherwise securing the Of
the conquered territory"
To tho last remark 1t is sufficient say he might
haze done as Gen. Taylor did, who. since May last ha,
been in quiet possession OF large portion OF the State Of
Tamsuipas and in a much critical .ituation than
Cen Kearney but who has either assumed the title or
tue functions OF Governor" and who has held the pro-
vince securely" isihou' making either the suhortes''
the people allegiance the u States or absoy
ing them from allegiance their government. why
could not Cen Keaney have adopted in New Mexico the
same line Of policy which Gen Taylor has pursued in Ia
maupasi We take It for granted that he has resoed 10
different course, because his from Washing
ton required him do To what cause arc we TO as
crbe this difference IT, the Enquirer contends Cen
Keaney would have failed in his duty" had he acted
otherwise than he DONE it follows that Cen Tay
Tor in pursuing entirely dssimila has failed to
discharge his duty Will the Enquirer so ASSERT 1;
might incur risk in doing so, have no doubt
that both Cen Taylor and Gen. Roarney have conormed
rigidy to the instructions given to them.
But let Us look at Gen. Kearneys language which
conceive, very literally translated by the forego-
ing version given Of it by the Enquirer
In the first paragraph Of his proclamation he announces
his intention hold the Department Of New Mexico 'vb
its original boundaries both sides Of the Del Nore As
TERRiroRY NEw MEKo1." Not word is said Of hold
subject the future decision Of Congress or tb.
Treaty ing power" He holds not a. conquerd fer
rory, TO be hereafter disposed Of but Part or THE
UmrED STATS" under the Of the ''T, rrory Of
New Mexico" And, If gu1rd his meaning against nil
scOnsucton, and TO show that be regarded this territory
already ANSEKED no only eGaets an oath Of nile
glance from tho Mexican AUTHORITIES buthe absoyes
from allegiance to Mexico, and declares that he clsins
sho entire OF New Mexico as CITIZENS OF Tar
USITED STATES" and threatens punish them as rEal
r)Rs" by tue mpfsonmen, Of their persons and the con
hscaton OF their property, only II ,hcy ore found in
arms against the u States but if those who had fed
from their homes hrs approach do forthwith return 10
them i this Che ordinary Of proceeding towards
conquered province
Bot still farther "1tis says Gen Rearncy) the wish
".ud intention Of the United States 20 provide for Ne,,
Mexico fee government, with the least possible de-
" Icy. similar those 10 the u. States aud the po opo of
" New Mexico will thea be called 10 exercise the
" rights OF feoacu la oocng thor rcprcsonatycs %
" tho Territorial Legislature" How DID Gen. Keamey
beg know ASCERTAIN ihc wish and intention Of the
~ siltes; and b. what authority has he given such an
assurance 10 the people Of New Mcxicol l. this the lam
suagc be- which conqucrng General ordinarily suoaks TO
s1bIuRated people il tho mode certainly in which
Napoleon, unlimited Depot enlarged ho boundaries ~
he colossal Empire, md sdded his title Of Emperor of
France" hiat OF ng Of iu onI Protector Of the Con.
federation OF The Rhine But CJnf5afracy. like that
Of tIe o. States have yet learn that o President
hOuga The commander Of army o distant proeinoo
has right either snuex, or declare that % IL tie
wi.h and intention Of the sBio" anncE the provinces
hs may subduo
Prom Cen. k1arneys proclamation, the following posi-
SONS are duc.bo:
D. That New Mexico b, NOW "a part OF tho United
States
2 That no' such offs auiiorin,, alone q, ore con-
dnued in oncc, but at ne entire population arc claimed
"s' citizens VI e sn'cs and eoas,guenH, that they
ere punishable "a' rofo,s" 81 iskcn In arms sgan. our
tfoop1.
D. Ihat tlo wi'h and intention Of tho Uaied 3tate,
ha' been iofmaiy proclaimed TO IN people Of Now Mc1
co, though not vet asccli1cd amounted by any com
pct,ni auhory" unless e President himself be tbnt s
thoTiiy, 10 provide Tor hon roc g5vornnlent similar
70 hoss existing oflsr eniioros TO tho Legislative
department Of which they told that they will be called
on - elect thsir own representatives..
"a n