The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-12-31

conqueted provinces. in my opihioh, spring. mn, ~
The functions incident tohhis military amIhori,u
can there legt'm tely pertain the exercise of n.
uansoehdant Authorities TO annex territories Al
incorparste citzens In our Union. Such a o.
cannpl he necessary IN the ground of self defeno.
f'r the security of the army and It's conquest, NO
is II required by the duty Of poverniogi,he' sui.
jected prople with all practical humanity ana
Justice whirh ia imp sed TN the conauerinp com
Inandpr by their submission. While, thereE,ro
this power Of annexation and incur pora alton clea,
hel"ngs to the conquering haiiun,y IL cotnes M,
within the functions and duties of meYe Com
ma0der. however high in position, but is hioh
Prer"gative apperaining 10 the sovereignty of tho
ron9nering nation, and 10 be exercised only upon
its election and by Solemn act, 1t would reon;,'
change in the organic law Of this Goyprn,nen,
beiore snch prerogative cuuld be exercised by ON,
Executive. Under our Consiiini the hiphes,
departments must conjoip 10 exert such powe,
II can only be effected by solemn act of lepisl,
tim. requiring the assent of both Houses of Coo
gress and the approval Of the Executive, or TIM,
the high functions Of the treaty making power bv
de6niiive treaty Of peace. War, in many res.
pecs. from The necessity If the case aust enl,,o.
The scope Of execnUve power. AID add To his in.
ffnpnce and authority. IN soae cases il NAV
oversweep the ordinary restraints Of civil ias,,n'
lions. but il can never rghifully break down Tho
Limitations Of our CONSTITUTION, or MERGE into on
the distinct departments of our Government,
That The Executive alone, because Of the e.;.
tence of war, should be al liberty, at his own will,
and pleasure. IN incorporate into this Union
hnnndiess exien, of territory. and 10 admit to all
The rights and obligations of ciizans under or,
free institutions their inhabitants people Of ,nv
race OF colnr, and alien wholly 10 orr laws and
langnages--s utterly preposterous. II, may be-
determine not the question now even for INV.
self--heeafter polite or inst, that after LONG con.
tinned peaceful possessions, nr after defin,ivs
treaty Of peace confirming our dominion, some q,
all the conquered provinces Of Mexico should he
incorporated and their citizens admitted into IN,
Union hut whenever done, il can only he by tho
highest act of the sovereignty of the nation, tho
people, in the mode prescribed by the Consti,u.
tion, and under all the sanctions Of that s,c,sd
instrument. Nor, Mr.. Speaker. do hazard anv
thing in expressing the firm conviction ,ha, the
President has never contemplated, much less at.
tempted. such startling acts Of annexation and
Incorporation by his sole authority as have been
here charged on him. Rely upon it, he has con.
fined himself to his clear right and duty of es,ab.
fishing mere provisional governments, and seeur.
ing to the conquered people the blessings of civil
institutions during our military occupancy. Fur.
ther he has not essayed to 90.
care not for, nor should we be misled nv ,bo
vague phraseology or loose assurances contained
in the alleged Procamations Of Gen. Kearney and
Com. Stockton.-gallant, patriotic officers, M
doubleday, but without reproach to them certain
~ not learned civilians nor constitutional LAWYERS
As commanders, charged with international rela.
tons, they have been perhaps more habituated 10
consider, and in the present instance have more
consulted the powers conferred on their conquer.
ing country by the laws of nations, than the con-
sttntional limitations and partition of power ap
plicable to the different departments of our Gov.
eminent; as we have heretofore seen. in tho
utmost extreme OF their supposed action, they
have kept strictly within the pale Of the law Of
nations, and given no just cause Of complaint
either to Mexico or neutral nations. With cir.
scumspeclion TO that extent they were perhans
c"ptent. They may have heedlessly Transcribed
the authority with which alone The Executive
could invest them, and some of their acts NAV no,
meet approval. If so, their venial errors, but the
| offspring Of an excess of spirit and patriotism.
will readily claim the indulgent enity Of the
country, and provoke only smile at their hold
| ness. But the case would be far otherwise if The
President had authorized such procedure, and
usurped the high prerogative of annexation and
admission to citizenship in the Union. He would
be held as civilian, as the chief magistrate Of
this nation, accountable for better knowledge and
more just estimate OF his powers, and be justly
subjected to severer judgment and steiner re.
buke. But, sir, we have not the instructions
50
| confouDdea the powers of the Government, and
exceeded his peculiar fnpcti0ns, is alike uDwar-
rantabie and unjust. Instead Of having jusiihca-
tion for such conclusion, we are authorized, nay.
| bound to believe, from the principles explicitly
! avowed in his message the other day, that he has
fully appreciated his powers and duties in rela-
tiun to those conquered provinces, and strictly
| contormed to them. In passage of that message,
he expounds The principles of the law of nations,
-. .,--IN A 4
tioDs of the commanding generals in relation 10
| The conquered provinces of Mexico. With prec
sion and accuracy worthy Of all praise and il is
impossible, IN view of that passage, to suppose,
| that IN one jot OF title has he miseonceived or
violated his authority and dulles; and was
gralibed. on yesterday to hear from The able gen.
iieman from Massachusetts, { Mr.. Winthrop, that
TO The principles there avowed there could be no
just exception or objection. That passage is as
follows tL4-.
| BY the laws Of nations conquered Territory
IS subject to be governed by the conductor d.
ring his military possession, and until there is
either treaty Of peace, or he shall voluntarily
withdraw from it. The old civil government be-
ing necessarily superseded, il is The right and d.
iy OF the eoDqueTor to secure his conquest, ana
| to provide Tor the maintenance Of civil order and
the rights of The inhabitants. This right has
been exercised, and this duty performed, by our
military and naval commanders, by the establish
ment OF temporary governments in some Of The
| conquered provinces in Mexico, assimilating them
as far as practicable to the free institutions Of our
| country"
You see here the clear limitation which tho
President has placed on his powers, and bow
| their exercise has been confined to tho establish
meoi. by his commanders, Of prov sional and TEN
pofary civil governments alone. Now does mol
| common sense, as well as simple justice, re,
require rs 10 believe, in the absence Of the actual
! instructions given TO our commanders, they will
be found confoJmable strictly to principles so ele'f
ly understood and avowed2 Can it be supposed
the President would commit such besoued folly
as 10 give instructions Of one kind, and then de-
ine principles and select position in his message