Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-11-16
THE ENQUIRER
MOND, VA.
Monday Morning, November is, ls47.
EXECUTIVE "USURPATloNS."

i Single QOCUme0L pIcSeUlCu dS cRluChIC ia Wv
Fremont trial, as conclusive proof OF The purpose
Of The Administration, in The earliest stages oil Inc
war, to make itself master OF the territories Of
Mexico, with view 10 permanent occupation Oh
them. They also regard the developments Of
this trial as showing tina, he proceedings OF Gen.
Kearny, which 1--WE quote The Republican, were
considered altogether too high-handed 10 admit OF
the belief that they were sanctioned by The Execu-
live did In fact ha We their warrant 10 the Insruc-
tons of The Government.
The document quoted by the Wing journals,
as The basis Of their charges OF bold and fasrant
violations oil the Constitution on The part oil Inc
Executive, is Letter from Secretary Bancroft 10
Commodore Sloat, dated July II, 1916 The
following arc The extracts from that letter, pub
lished exactly as We find them in many OF The
Wing papers:
"The objeet of The United States, is. under its
rights as belgerenl nation to possess ,ss entire
H of Upper California.
"When San Francisco and Monterey are Sc
cured, you will if possible, send small vessel
OF war TO take and hold possession OF The port OF
San Dieso-and il would be we'll 10 ascertain The
views oil The people of Pueblo de los Angeles.
who, according to information received here, may
be counted upon as DESTROYS Of coming under the
jurisdiction of the United States. II you can
take possession of il, you should do So.
1.-THE object of The United States, has refer
ence 10 ultimate peace with Mexico; and II at
that peace The basis of the Usi PossIDETIs shall
be sablshed, the government e1pcccis, through
your forces 10 be found IN actual possession 81 up
per California.
"Phis will bring with il he necessity OF CT
vil administration. Such government shon!doe
established under your protection; and in select.
ing persons 10 hold Office, due respect should
be had 10 The wishes OF The people oil Can
lofnia, as well as 10 the actual posscssofs
OF authority in that province. IL may oe
proper 10 require an oah OF allegiance 10 me o"uea
States from those who are entrusted WIN aulho-
rity. You will also assure the people oil Caiior-
MIA of the protection Of The United States"
With what justice can the opponents OF the Ad-
minisra.ion find any thing in The above extracts
to make out their case OF Executive usurpa'Ion1
It will scarcely be denied that the United States
could legally, under IFS beihscrent rights seize
and hold the CALIFORNIA;, as portion OF The
Mexican territory subject, however, TO any ne
EQUATIONS Of peace which might afterwards be
agreed upon. This is all that the letter intmaes
--iuuceut ~ CAplCSoI( iSiClS w hS ~
the territory by treaty of peace. As 10 the Tenn
porary governments which were authorized TO be
established and the oath OF allegiance 10 The Uni
ted States, as The best means ofsecuring the tenn
porary possession OF the Territory, these prov-
sions are secured TO successful bellserentsby the
law OF nations. But this whole subject was fu.
ly discussed and canvassed by the last Con-
gress, when this identical letter OF Mr.. Ban
croft was produced, with other documents,
on the call OF the Wings. The country will
remember the utter discontinue of The Wing
party upon this very question. The Democratic
speakers in Congress met the issue boldly and
riumphan,ly, and showed, BY The law OF nations
and of common sense, that The Executive had
strictly followed the path OF justice and law. In
deed this Letter bears on lis tacr sufficient Material
to disprove the false drdnciinnS nj the Whiss--
Il plainly declares that ''lhe object of the United
States has reference" (not to conquest, buD ITO
ultimate peace with Mexico"
II is strange that the Wing press, in citing the
documents thai were read on The Fremont Trial,
should have entirely overlooked TWO important
letters flom Secretaries Marcy and Mason, which
present the views Of the President, and lay down
in The clearesi, strongest and justest manner, the
grounds upon which The President has based his
action in the important question OF our bellige-
rem, rights in California. The positions are in
full accordance with the laws of nations and the
rights and duties Of coDquering powers. AS the
fulles, and most conclusive reply 10 the charges
OF The Wing press, we make an extract from
each letter. II will be seen that The President e1-
pressly disapproved Of wha, the Wings called
"ihe high.handed proceedings" of Gen. Kearny,
especially in regard TO The ANNEXATION OF Caliior
mia and her representation in the councils OF the
United States. On these Two points The Wing
press have lavished columns Of abuse on the
head of The President. Their idle accusations
are now completely exploded.
The following is an extract of letter from
Secretary Marcy 10 Gen. Kearny, dated January
IL, ls47:
"Soon after the meeting Of Congress the Pre-
siden was called on by resolution OF The House
OF Representatives for The orders and Instructions
issued 10 the officers Of The army and navy by
him for the civil government or the territories
which had been or might be acquired by our
arms. herewith send you copy OF The Presi
dents message, with The documents sent 10 Con-
gress in answer 10 that resolution. BY this you
will learn the Presidents views as 10 The power
and authority 10 be exercised in the territories
conquered and occupied BY our forces. These
views are presented more in delai in instructions
prepared under his directions by The Secretary Of
the Navy bearing date this day, an extract Of
which is herewith transmitted for your informa-
,ion and particularly for the guidance of your
duct. This document is so iull and clear on all
points, in regard TO which You may desire the di-
recions of The Government that do not deem
i, necessary to enlarge upon it.
at is proper 10 remark that The provisions OF
the laws which have been established for The CO.
vernment OF the Territory oil New Mexico 60, in
some few respects, hyond Tie line designated By
The President, and propose TO confer upon the peo-
pie of lha, Territory political rights under the
constitution of The United States. Such rights
can ouiy be acquired BY the ACTON Of Congress- So
far as The code of laws established in New Next
CO by ycur authority attempts 10 confer such
rights, II is not approred by the President and he
directs me TO instruct you not 10 carry such paris
into effect
.Under The law of nations the Power conquer
ing territory or country has right TO establish
a civil Government, within The same, as means
of securing tbs conquest, and with view 10 pro.
tecing the persons and properly Of the people, and
il 10 not intended 10 limit you in the full exercise
of this authority Indeed, it is desired you should
exercise il in such manner as 10 inspire conf.
dence in the people that our power is 10 be firm
ly sustained in that county. The territory in
our military occupation, acquired from The cne-
my by our arms, cannot be regarded, The ,car still
continuing. as permanently ANNEXED TO he Unucd
STATES, though our authority 10 exercise civil go.
vernmenl over il is not by that circumstance the
least restricted"
We conclude with an extract from the inslrue.
tions Of Secretary Mason 10 Com. Stockton on
The 18th January, ls47, which are referred 10 by
Secretary Marcy:
"By the constitution of the United States the
power 10 declare war is vested in Congress. The
war with Mexico exists by hew own &C, and The
declaration OF The Congress Of The U. States. It
is The duty Of the Executive 10 carry on the war
with alllhe rights and subject 10 ALL the duties i'm
posed by The laws OF nalions-a code binding on
/ Soh holl