The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-07-24

e"Po'ay' unless II De confirmed and made absolute by
subsequent events Should we possess the territory we
have conquered, and treaty of peace be made and at
ned on the principle of possetis or if the surrender
ofthe territory be stipulated in the treaty so ratified,
then the imperfect title have acquired by conquest is
made absolute and its inhabitants become entitled to the
benefits of the federal constitution as citizens of the
U nited States.
In other words, during the war, possession gives
only such rights the laws of nations recognise and the
government military performing such civil duties only as
are necessary to the full enjoyment of the advantages re-
suhng from the conquest and to the due protection of
the rights of the persons and property of the inhabitants
NO political right can be conferred on the inhabitants
thus situated, emanang from the constitution of the
United States That instrument establishes form of
government for those only who within our limits and
owe voluntary allegiance
such are the clear principles upon this subject. They
are confirmed by the best writers the laws of nations
lhey are fully confirmed, so far relates to the Temporal
y civil government of the territory by the solemn de-
csion OF the Supreme Court of the United States in the
Caslne case-backed by multitude of authorities cited
ny Mr. Webster, at the foot of the Reporters page
These statements and decisions sufficient answer
to the whole OF reasoning (sha we call y which
the "National lntellgencer has again venured to put
forth. We really feel ashamed in retouching this sub
ec after the hosts of arguments which have repeat
eddy published There is not inch of ground for the
National ln,eigencer' to place its lever on 1t has
made the experiment before, and it has signally
failed Is it prepared to say that Congress cannot de-
clare war to say that we cannot conquer an enemv's
territory to say that cannot hold it temporarily and
that, temporary arrangement, cannot recognise
establish temporarily civil government for its nhab-
ants Are we to leave the enemy in possession of all
the powers in the country, owing no allegiance to the
conquering power but governing themselves without his
Intervention, and welding. perhaps their own means,
and organizing their men, without any response
bility for the expulsion of the conqueror? Is this
the sort of war which the "Natonal Intelligencer'
prepared in its wisdom wage 1t may call the adop-
ton of civil government by ourselves vice regal 1t
may even abuse the wise arrangement which our gov
eminent is anxious to make 1t may lavish its hunders
upon the republican plan of authorizing the election OF
agents by the conquered people, who be charged
with the duty Of making laws, or of executing them.
This is calculated to carry out in the most conciatory
manner, the right of temporary government under ex
listing rights of possession But il is clear that no offices
created regulations made to protect the rights or per-
form the duties resulting from conquests, can law
fully continue beyond the duration of the state of things
which now exists, without authority of future treaty or
act of Congress-
We confess that nothing which comes from the "Na-
tonal lnelligencer'' this subject can startle
Hence all surprised the miserable sophsm
OF its GLOWING paragraph about religious federation
The constitution (qlot this all-wsc uris says that
Congress shall make law respecting esta bhment of
religion abridging the free exercise thereof and the
very first thing which the potcntate and subpotentae do
is to make a,c respecting establishment of religion and
abolish the established church Of California These pro
found and ursts have evidently construed the
federal constitution comforting Congress the power
actively to bring about religious equality whereas the
whole object was to prevent their meddling at all with
gious Matters
Now, this wise iurst, whose colleague graces the
bench of municipal court, slurs the clause
abrdging the free exercise Mereof" and complains, that
because conform to the constitution in restoring the
Stree exercise of religion to every American every for
eigner, and many of the Caomians themselves there
fore violate the constitution OF the United States
The Intelligencer further complains that "the Cali
fonian magistrates to remain in authority prouMed
they be faithful the constitution of the Uni
ted States This lit says) is better and better" Now,
this indeed better and better the part of our conem
porary for, would rather coincide with the views held
during Mr. Madison's administration, and sin with that
unueT WHOSE auspices
and Commodore Perry issued the following proclamation
on the 18th October, 1918:
"Whereas by the combined operations of the land and
naval under command, those of the enemy with
the upper district of Upper Canada have been captured
destroyed and the said district in the quiet pos
session of troops; it becomes provide for
its government: Therefore, do hereby proclaim and
make known that the rights and privileges of the inhab
ants and the laws and customs of the country they
ed in force at tue period OF arrival shall
tnue prevail All magistrates and other civil officers
the exercise Of their unctions previously
king oath to be faithful to the government of the United
States long they shall be possession Of the country
The authority of all militia commissions is suspended in
said district and the officers required give their PAROLE
such way the officer who may be appointed by the
commanding general to administer the governmei shall
direct"
But it is useless examine all the positions of the
Intelligencer" We have none of Alexanders ambition
"to say the slain" All OF them are eebleall have been
previously refuted.
The truth is, the proclamation mostly defends itself
The passage which recognises permanent annexation
is the only one which TO conflict with the tempo
rary character of military possession To be pema-
nenty annexed requires, according to the principles laid
down by the administration, treaty or legislative act
Neither general nor the President territory
to the Union.
1t is scarcely necessary TO say that the lntegencer
has obtained the translated copy not the original of Gen.
kearnys proclamation. We make this remark, because
the Intelligencer states that the President has, says