Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-11-13

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neny annexed to the United States though authority to
exercise civil government is by that circumstance
the least restricted
1t important that the extent and character of our posses
sion In the territories conquered from the enemy should not be
open to question cayi This remark, though having refer
ence to all our acquisitions in especial applicable
to the CALIFORNIA; As to Upper California, it is presumed
no doubt arise, but may be clear to Lower
California is expected that flag will be hosed in that
part of the country and actual possession taken connu
ousy held of some place places it, and civil jusdc
lion there asserted and upheld.
copy OF this communication will be sent to the command
ing officer at Santa Fe with instructions to conform his
duct to the views herein presented
Very respectfully, your obedent servant,
W. l.. MARCY, Secretary Of War;
Brig Gen. s. W. KrAnsr,
Commanding U. S. Army in California, Mexico.
NAVY DkPAnTaEsT,
lConfdenual] JANUARY ii, ls47
SIR Your communications dated Monterey on the lsth
and 18th OF September received the Department on
the Goth December utmo, by the hands of Mr. Norris whose
activity and intelligence in executing his orders ene him to
my thanks.
You will probably have received before this can reach you
my dispatches which were entrusted 10 Lieut. Watson of
the United States Navy under date the 5h November
IN which, COMMANDMENTS chief the United States
forces in the Pacific nformd that the President has
deemed best for the public interests invest the military
hcer commanding with the direction of the operations land
and with the administrative functions of government the
people and territory occupied by u.s."
Accompanying this send you copies the Presidents
ultmo with the accompanying documents including the re-
ports of the War and Navy Departments. send you
printed copy of the document No. 10 Of the House of Rep
resentatives.
You will perceive from these papers the view taken by the
Executive of the which have been adopted by the
military and naval commanders in those States of Mexico of
which have acquired possession by military conquest
see qualify the opinion which expressed in
my report that your regard to the conquered
territory believed to be warranted by the laws war;
And in answer to your suggestion that Ga general approval
hu tho So IfnfaI
they do approve, be published in the Californian would
have good effect have been directed by the President to
communicate full statement Of his views of the princ
pies which govern the conduct Of officers in the crcu-
stances in which you have been placed and which the in
suctions heretofore given based
BY the constitution Of the United States the power to de-
clare vested in Congress. The with Mexico exists
by her act and the declaration of the Congress Of the
United States. 1t is the duty of the Executive carry
the with all the rights and subject to all the duties i'm
posed by the laws of natona code binding both bel
gerents.
The possession of portions of the enemy territory acquired
by ustable acts OF gives to the right Of government
during the continuance of possession and imposes
duty to the inhabitants who thus placed under dom
on The right of possession, however, temporary unless
made absolute by subsequent events IT. being possession
treaty of peace made and duly ratified the principle of
m poSstde that is that each OF the begerent parties shall
ENJOY the territory of which shall be possession the
date OF the treaty, if the surrender of the territory is not
stipulated in the treaty ratified, then the imperfect title
CURED by conquest made absolute, and the inhabitants
constitution Of the United States, the same extent as the
citizens of any other part Of the Union.
The course of Government in regard California or
other portions of the territory of Mexico or hereafter TO
be IN possession by conquest depends those whom
the constitution imposes the duty making and carrying
ties into effect Pending the war; possession gives only
such rights the laws of nations recognise and the govern
men military, performing such civil duties necessary
to the full enjoyment of the advantages resulting from the
quest and to the due protection of the rights of persons and
of property OF the inhabitants.
No s;pba
situated emanang from the constitution Of the United States.
That instrument establishes form Of for those
who within limits and voluntary allegiance it.
Unless Incorporated with the assent OF Congress- by ratified
treaty, by legislative act in the Texas our
rights enemies territory possession only such
the laws of CONFER and theirs than derived
from the authority They therefore entitled
representation in the Congress Of the United States
MISUNDERSTANDING whist may be the terms Of treaty which
is hoped will be entered into between the two Republics,
there will be revocation Of the ORDERS given my despatch
OF the 9Th OF November last that unde circumstances
will voluntarily lower the flag Of the United States
nqulsh the apossesson Of California with all the rights
which il confers.
In the discharge the duty Of in the conquer
ed territory during military possession, it has been
deemed improper unwse that the inhabitants should be per-
med to participate in the selection OF agents make
the laws he enforced Such privilege cannot fail
produce ameoraons of the despoc character Of martial law
and constitute checks voluntarily and appropriately submitted
by officers Of the United States all whose institutions
based on the will Of the governed.
have regarded your measures in authorizing the election
Of agents charged with making laws, executing hem
founded this principle and far they carry out the
right Of temporary government under existing rights OF pos
session. they approved But officers created, laws
regulations made protect the rights perform the duties
resulting from conquess lawfully continue beyond
the duration Of the slate Of things which exists without
authority Of future treaty act of Congress-
AT present is needless and might be injurious the pub
lie interests agtae the question in California how long
those persons who have been elected for prescribed period
Of time will have official authority If right possession
shall become absolute such inquiry is needless and it, by
treaty otherwise lose the possession those who follow
will govern the country. The President however, anici-
pates such result On the contrary, he
gency in which the United States will surrender en-
quish the possession of the CALIFORNIA;.
The number Of official appointments with civil or military
dutes other than those devolved army and navy by
laws, should be made small possible, and the
expenses Of the local Government should be kept within the
limits Of the received in the Territory il be
done without detriment to the public interest.
Very respectfully, your obedent servant,
j. Y. MASON.
Commodore X. +. STOCKTON,
Cong U. s. Naval forces west coast Of Mexico.
On the 9th Of May received copy Of communication
addressed me, the commanding officer Santa Fe from
the War Department and dated December TO- 1916. That
order not applicable California, and have no
a copy Of il.
believe have answered fully the question popounded
10