The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-08-12

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Representatives, ia <alaii3 cd @ slsfl b.
TO the House Of Representatives .a8r Il
r.s.f a Is es OF the United States:
In answer 10 the resolutions of the House
OF Representatives Of the 10Th inst, request
ing information in relation to New Mexico
and California, communicate herewith re-
ports from the Secretary OF State, the Secre-
tary Of the Treasury, the Secretary Of War,
the Secretary Of the Navy, with the docu-
ments which accompany the same. These
reports and documents contain information
upon the several points Of inquiry embraced
by the resolutions. The proper limits and
boundaries Of New Mexico and California
are delineated in the map referred to in the
late treaty with Mexico, an authentic copy
Of which is herewith transmitted; and all
the additional information upon that subject,
and also the most reliable information in re-
spect 10 the population Of these respective
provinces which is in the possession Of the
Executive, will be found in the accoripa,
nying report Of the Secretaryof State.
The resolutions request inlpmation in re-
gard TO. the existence of civil governments
in New Mexico and California, their form
and character, by whom instituted by
what authority, and how they are main
tanned and supported 81.
In my message Of December %, 1916,
in answer to resolution OF the House of
Representatives calling foi information .in
relation to the establishment or organization
ofcivil governments in anyportion OF the ter
ritory Of Mexico which has been or might be
taken possession Of by thearmy of the Uni
ted States, | communicated the orders which
had been given TO the officers Of our army
and navy, and stated the general authority
upon which temporary military governments
had been established over the conquered por-
tons of Mexico then in our military oecu-
patton. ae
The temporary governments authorised,
We're instituted by virtue Of the rights OF
war. The power to declare war against
foreign country, and to prosecute il accord
ing TO the general laws OF war, as sanction
ed by civilised nations, il will not be ques-
toned, exists under our constitution. When
Congress has declared tliat war exists with
foreign nation, general laws Of war ap-
| ply 10 our situation, and il becomes the du-
~ Of the President, as the constitutional
commander-in chief Of the army and navy
Of the United States, to prosecute it.
In prosecuting a foreign war, thus duly
declared by Congress. We have the right by
conquest and military occupation to acquire
possession of the territories of the enemy,
and during the war TO exercise the fullest
rights Of sovereignty over it, The sover-
eighty Of the enemy is in such case srIs-
pended and his laws can mo longer be
rightfully enforced over the conquered ter
ritory, or 'be obligatory upon the inhabi-
tants who remain and submit to the con-
querors. BY the surrender, the inhabitants
pass under temporary allegiance to the
conqueror, and are 'bounl by such laws, and
such only, as he may choose TO recognise
and impose. From the nature of the case,
no other laws could be obligatory upon them;
for where there is no protection or allegi
ance, or sovereignty, there can be no claim
TO obedience. These are well established
principles Of the laws OF war, as recognised
and practised by civilised nations; and they
have been sanctioned by the highest Judicial
tribunal OF our country.
The orders and instructions issued to the
officers Of our army and navy, applicable
to such portions Of the Mexican territory a.
had been or might be conquered by oul
arms, were in strict conformity to these prin
ciples. They were, indeed. amelioration'
Of the rigors Of the war upon which we
might have insisted. They substituted 70
the harshness Of military rule something o
the mildness Of civil government, and wer'
not only the exercise Of no excess OF power
but were relaxation in favor Of the peace
ful inhabitants Of the conquered territor,
who had submitted to our authority, ant
were alike polite and humane. 1t is iron
the same source Of authority that We deriv
the unquestioned right after war has beer
declared by Congress, to blockade the port
and coasts OF the enemy, to capture hi
towns, cities and provinces, and to levy cor
! tributions upon him for the support of gu
army. OF the same character with these
/ the right to subject to our temporary militia
ry government the conquered territories {
our enemy. They are all belligerent rights
and their exercise is as essential to the sue
cessful prosecution Of foreign war as tn
9 right to fight battles.
New Mexico and Upper California, wei
. among the territories conquered and occ'
pied by our forces, and such temporary go
ernmts were established over them. The
were established by officers Of our arm
and navy in command, in pursuance Of III
|, message to the House of Representatives
8 Dec. 22d, 1916. In their form and detail
+ as at first established, they exceeded in son
respects las was stated in that message) Il
5 authority which had been given; and il
: structions for the correction Of the err
! were issued in dispatches from the War ar
\ Navy Departments. Of the 18th Of Januar
/. 1S47--copies Of which are herewith tran
. mitted. They have been maintained ar
supported out of the military exactions al
contributions levied upon the enemy; al
no part Of the expense has been paid o.
: OF the treasury Of the United States.
= In the routine Of duty, some Of the Of
. GERS OF the army and navy, who first esta
!. lished temporary governments in Calilorn
J, and New Mexico, have been succeeded
+ command by other officers, upon whom Ill
duties have devolved; and the agents Ell