Weekly national intelligencer., 1848-01-29

not
United States and Mexico continue
Here we have from the representatives Of the President in
the two Departments War and Navy clear and distinct
recognition Of this proposition that although the President
held our true boundary to be the Del Noe yet would be
Az ACT OF AGGRESSION, So ACT" act which
would not be justfable except WAR, to dis
possess Mexico OF any portion OF that territory OF which she
held possession the time of the annexation When there
FORE orders issued 10 Gen. Taylor the 18th of Janu
ary, S46 to advance and occupy position on the LEFT bank
of the rio Gande admitted to be in the possession Of Mex
CO. the President ordered what he then, undoubtedly under
stood to be act Of He ordered what he intended
and what he supposed would be regarded the part Of Mex
co, act of hosiiyof aggression. For, sir, you Will
observe that when Gen. Taylor in the execution Of this or
der advanced the Rio Grande and drove the Mexicans
from their he occupied what had before
been occupied by the Mexcanand these facts were report
ed to the President there not the slightest ntmaton on
his part that Gen. Taylor bad exceeded the scope Of the
ders which had given to him. and had thus been the
means Of pecpitaing the country into which, by
prudent forbeaance might have been avoided On the
ary, up this very moment all that done in pulsu
ance OF that order has been recognised by the President
having been rghtuy done having been done in accord
ance with the purposes which the Executive had in view
when the orders giyen
But sir f the act was not of war; ii was plainly
and manfesy an which likely to produce siate Of
scn II an act the tendency of which change
the relations Of Mericoad This country from state Of peace
of ,c. Can there be any doubt Of this sir It
is impossible to doubt when recoec the unhappy and
angry of feeling which existed between the
When recolect the posion which army held
al Corpus Christi for many months, and the disputes
listing between the two countrieshe mutual charges OF in
sincerity and breaches of fathwhen recoect all this,
be manifest that such act moving armed force
to the Rio Gande was, in ITSELF if not act OF at least
which the appearance OF aggression and which
calculated to the feelings OF the Mexcans and to
provoke retaliation Thus much must be conceded and, if
So sir whence did the President of the United States derive
his power to do this without the consent Of Congress
According Mr. Jefferson, act which in its execution
may change the relations of the country from peace war;
is beyond the competency Of the Executive, and to be
passed upon only by Congress The constitution has under
gone change the people have made amendment to it
it stands it stood in the time Of Mr.. Jefferson.
Whence, them has Mr. Polk derived his authority peci
pitate which must lead directly to warCongress
being in sessionwthout taking their advice degn
ng to inform them OF what he proposed to do But at
all events there is the slightest 10 doubt APP
prehend, that the movement Of the troops upon the Rio
Grande the act which produced There had been
previously threaenngs the part of Mexico There had
been exactly that of feeling which likely result in
But there had been war; and conviction clear
that if troops had remained quiet at Corpus Christ where
they had right to remain, the ground strongly put by
the Senator from Maryland, (r PEARcE that belonged
to Texas by virtue of her revolution, and then in her
possession there would have been But at all events
supposng that would have been produced other
manner by other movement, though troops had
remained which is matter of speculation yet cannot
be denied that in point of fact this warthe which
engaged-was the immediate result of the movement
of troops upon the Del Noe and Of nothing ese That
movement was an act of war at all events, act
directly tending change the relations of the countries
from peace to and therefore, act which the Pre
dent could not lawfully constutonally perform.
The next proposition which lay down is that this war;
thus resulting from Of the President has been prose-
cuted by him from the commencement with view to the
quest the permanent conquest Of at least New Mexico and
Upper and Lower CALIFORNIA. beg the of the
while attempt demonstrate this proposition from pub
lie documents. First, will call the attention Of the Se
nate to the instructions given by the Secretary of War the
Sd June, ls46 to Gen. Kearny
Should you conquer and take of New Mexico
will establish Temporary c,ai governments therein aboishing
done with safety In performing this duty, would be
and prudent continue in their employment all such OF the
existing officers as are known to be friendly 10 the United
States, and will take he oa Of ALLEGIANCE TO e The duties
the cusom-hoses ought be reduced to such
rate be barely sufficient to maintain the necessary Of
cers without yielding the Government You
the people those provinces the
design of the United States provide for them free govern
with the least possible delay, similar that which
lists 1eritores They win then be called
else the rights Of feemen in cg their representatives
TO the territorial legislature is foreseen that what relates TO
the civil government will be difficult and unpleasant part of
your duty and much must necessarily be left to your dis
cretion."~
In further proof of this read the instructions given by
the Navy Department Commodore Soat 18th july 1886:
The object of the United States is under its rights
belgerent nation itself entirely Of Upper
The object of the United States has reference to ultimate
peace with Mexco and it, that peace the basis Of the
shall be established the Government expects through
your forces to be found in actual OF Upper Cali
Ths viii bring with it the necessity Of civil adminsa-
uon such government should be established under
protection and 10 selecting :ohod Office due respect
should be had to the wishes o the people Of California we'll
as 10 the actual possessors Of authority in that province
may be proper require oath of allegiance the United
States from those who with authority You will
also the people Of California of the protection of the
United States.
After you shall have secured Upper California, if your
force is sufficient will take and keep the har
bors the Gulf of California least Guaymas
But this not to interfere with the permanent occupation OF
Upper California."t
Then sir the l3h Of August, have instructions
from the Navy Department Commodore Stockton, the
commanding officer in the Pacific
You will take immediate possession of Upper California,
especially OF the three ports OF San Francisco Monterey and
San Diego that the treaty should be made the
bassof The m possidet, it may CAuronsIA TO
Having provided for M bosesson Of Upper California
the next point Of importance the Gulf Of California From
the best judgment FORM should take possession Of
the port OF Guaymas The progress Of will probably
be such that in conjunction with land forces you will be able
TO hold possession of Guaymas, and
COUNTRY NORTH OF GuLF."t
Now, s in order to understand the scope and bearing Of
these orders still clearly let what done under
them by the officers to whom they addressed. In
letter OF Gen. kearny to the Adutant General Of the Gath
August, 1876, written from Santa Fe, he says
Son the 22d issued proclamation, claiming the vhoie
Ncw Hexco, 1vih ifs then boundaries territory The
United Stacs Of 31fca and taking under protection s
In another part of the same Letter, he says
Con my return (which will be two or three weeks)
civil government shall be organized and the officers appointed
for IL after which, will be ready start for Upper Cali
fonia, which hope may be by the latter end Of