The Evansville journal. (Evansville, Ind.) 1834-184?, 1846-12-31
VOL. XII.
s.

l icSlueHt ioi Ills ibslEuCtouS ~ Tue MHiAdiy
Gentlemen who have conquered California,
&c, and set up civil governments there, an
nexing to this Union. Mr.. Davis, addressing
Mr.. Douglass Qocofoco,) asks:
Would that gentleman refer him TO any
one book or established authority which de-
clared that after province had been held in
military occupation, and before any negola-
ton or treaty on the subject OF boundary, the
President bad right to establish at it tenn
porary government
Mr.. Douglas saiG he would, provided the
gentleman would say upon his honor that he |
had never seen such doctrine land down in |
any book of authority.
Mr.. Davis said that he would give the gen.
tleman his word land his word was his honof) |
that he never had. He admitted, indeed, |
that General who obtained possession by |
arms of portion of his enemy's country
might establish military regulations in The
conquered province; but be utterly denied
that he could set up civil government there.
Mr.. Douglas wished the gentleman to state
what he meant by civilgovernment?
NJ. Davis replied that by civil govern
meTi he meant such government as Gen
Kearney had set up in New Mexico, declar-
ing himself the civil governor of the country
establishing legislative body, and judi
cary for the trial of both civil and criminal
causes; requiring Mexicans to take the oath
of allegiance to The United States, and pro-
claiming that all persons found in arms against
it would be subject to the punishment of
treason. He wanted TO know in what code
of national LAWN what part of the Con-
slitulion of the United States, or in what
recognised usage OF civilized nations, the
gentleman found warrant for sueh enor-
nous, such plenary powers9 What right had
Gen. Kearney 10 proclaim New Mexico TO
constitute part of The United States? What
authority had he. in fact, TO annex it 10 our
territory2 What right had he to establish
over it, not temporary and military, but a
civil and permanent government? Had not
Taylor an equal right to do this with him
Yet they had RETAINED from all such at
tempts.
Mr.. Rhett, (Locofoco,) then came to the
rescue of his friend from Illinois. He con-
tended that The annexed provinces were moi
in the United States; that if they we're, then
clearly the President had no right TO author
ize governments without the consent OF
Congress. Our report continues:-
But Mr.. r. utterly denied to any man such
authority as this over any territory within the
limits of this Union; but California and New
Mexico are not any part of the Union-Ihe
Constitution of the United States does not
extend over them. Would any gentleman
here say that every Mexican there had right
to the trial by jury?
MIR. G. Davis said it had been proclaimed
by Commodore Stockton that the citizens Of
California were citizens of the United States
Both the pro CARNATIONS declared New Mex
leo and California were parts of the United
States. MIR. D. asked if the President ap
proved OF this? Was ii right?
MIR. Rheit said ii only proved that the met
were "gumps." { A taught That was all
II was not to be expected that Capt. Stock
ton, or any such sort of people, should b.
acquainted with the Constitution of the i
States. Voices, SHEAR that.'] A prelt
thing it was that Congress was to have III
meaning of the Constitution dictated TO
by military captain or by commodore
He makes Territory! he makes Californi
part of the United States!
Mr. Schenck, of Ohio, here interposes an
sweeps away this wing of defence. Mr.. S
proves that Mr.. Polk in his Message, claim
these provinces 10 have been part oil the III
ion by the annexation of Texas. Asserrin
the fact that Mr.. Polk sets up this claim
Mr. Schench remarks:-
Why, had the gentlemen forgotten so soc
the message of the President read to the
but Yesterday? Whathad the President sa
in that message touching the western bouI
Diary of Texas, and in relation TO California
He begged the attention of the House and
the gentleman from Hin OILS to the President
language:
Here Mr.. S. quotes the language of Il
Message claiming the boundary of the Sta
of Texas to be the Rio Grande ''from
mouth to its source" He then adds:
Could language be more explicit7-Cou
any question be more clearly decided
the Presidents own authority? What d
the President hold as the western bounda
of Texas2 The Rio Grande, from its mou
10 its source. The President claimed il
incorporated into the bounds of the Unto
Gen. Kearney was one of the officers of Il
President; and the act of the subordina
was the act of his principal, unless disavo
ed. Gen. Kearney established a lerritori
Government at Santa Fe, in the midst Of
country claimed by the President to belol
10 the United States. In this territory Ke;
ney goes on TO appoint civil oficers-judg
and an Attorney General. ibid the gent