The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1847-11-05
DEVELOPMENTS.

Should you conquer and take possession of New Mexico
will establish temporary civil governments therein
all arbitrary restrictions that may exist 30 FAR as may be
aaa prudent sas g. u ss S ali such
existing officers known 70 be friendly to the United
States and will take the oath OF allegiance to them The d
ties the ought be reduced such
rate may be barely sufficient TO maintain the necessary
NAV assre q hos s bs e
wish and design Of the United States to provide for them
that which exists in our Terrt6rirs They viii then be
called on to exercise the rights Of lreemen IN eeetng their
own representatives 10 the Territorial Legislature
i@y q Var 10 Gen. Keuny Jnns 3D., 1886.
Mr.. Secretary Marcy would render the country
most important service If he will condescend to inform
1t in what part of the Constitution the Executive Is
empowered to establish Temporary cipa govern
ments" in territory conquered by the United States
Here is an order to Gen. Kearny to establish such
governments In the territories of New Mexico and
Alta California when conquered by him. II is ex-
traced from letter written by the Secretaryto Gem
Keany, under date the I'd of June, 1913, and now
produced upon the trial of Lieut., Col, Fremont
There is therefore, denying the existence of such
an order.
The Executive, under that provision Of the Consti-
tuition which makes him commander chief claims
the right and power to administer the Law Of Ma
tons, in the waging of just against the public
enemy. Admitting that the war against Mexico is
just war--thnt is, a war declared by Congressman
that theclam of the Executive is in accordance with
the letter and spirit Of the Constitution, it does not
follow that this right and power to administer the
Law of Nations give him the right and power TO
establish Girl governments In the conquered terrific
ries Of the United States. The most that he can do
under the jus gentium is, to establish military gov
ernments in the territories conquered by the United
Look at this order in what light you pease-try it
States.
by all the tests which the Constitution or the Law
of Nations afford-t is clearly an infracon Of both
the Constitution and the Law of Nations 1t is an
usurpation of the power of Congress- The whole of
the directions given to Gen. Kearny is an assump-
ton Of Legislative power
But, If this order be obnoxious to the Constitution
and the Law of Nations what we to think of the
instruction to Gen. Kearny to assure the New Mexi-
cans and Upper Cafornians that II Is the wish and
design of the United States to provide for them free
government without the least possible delay? BY
what right did the Executive presume to speak for
the United States upon such a subject Had he said
II was the design and wish of the Executive that
Congress should provide these people with free 60
vernment mo objection, perhaps, could have been
taken to the instruction. But 1t will be said, that the
Executive represents the United States in war, and
that he had right to speak their sentiments as he
understood them to be. Admitting this argument,
still 1t remains to be established how and when the
President arrived at the knowledge that such was the
sentiment of the United States.
Altogether this order is in violation not only of the
Constitution and the Law Of Nations but assump-
ton of power and discretion, which, we Think can
not be justified under any pretence whatever.