The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1848-08-09
pREsIDENTs MESSAGE.

PRESIDENTS MESSAGE.
The following message was sent by Nj. Polk,
on Monday the s4th ull!. to the House otReP'
resentatives:
10 the House Of Representatives, Of the United
In answer 10 resolutions of the. House ct Re:
preventative of ahe 10th inst. requesting inior
nation in relation 10. New Mexico and Cal'f"r 1
mia. I communicate herewith reports from the
Secretary oil State, the Secretary OF treasury
The Secretary OF War, Secretary. OF the navy
with documents which accompany the same.
These reports and documents contain infor'na
lion ,,non The several points Of inquiry emhra.
red by the resolutions. "rhe proper limits and
bo,nd. r;es of New Mexico and California" are
delineated in the map referred 10 10 ,ao, 'a.
,r.a,v with Me1iea, AN authentic copy of which
!. herewith transmt,eds and all the additional
Information upon the subject, and also the re'',
able information in respect to the Pop"'at'"h OF
these respective provinces which IS ID tne pos
session of the Executive, will be found IN the
accompanying repor,.of the Secretary OF state;
The resolutions request Information IN regard
to the existence OF civil governments: IN New
Mexico and California, their form and charac'
teri by ..whom instituted by "what au!h"r'
ty,' aud how they are maintained anu sup
ported. -. -. g. So. -.
In nv message of Decembsr %. ls46. in
answer 10 the House Of Representatives calling
for information s.n relation tothe establishment
or organization ofcivil governments in any por.
tion Of Mexico which has or might be taken
possession OF by the army or navy oi the un'teo
States.n
communicated the orders which bad been
given 10 the officers Of our army and navy ana
stated the general authority upon which tempo,
rary military governments had been established
over the conquered portions Of Mexico then IN
our military occupation.
The temporary governments authorized, were
instituted by virtue OF the rights OF war. lhe
power TO declare war against foreign country.
and to prosecute It according to the general
laws Of war, as sanctioned by civilized nations
Il will no. be questioned, exists with foreign
nation, "general laws of war apply to our situ'
ation," and il becomes the duty OF the fres', :
dent, as the constitutional commander.in .cn'ef
of the army and navy of the United StatcS' 10
prosecute il.
In prosecuting foreign war. thus duly de.
clared by Congress we have the right ny con-
quest, and military occupation to ''acquIre pos
session of the territories of the enemy, and du.
ring the war, TO exercise the fullest rights OF
sovereignty over it." The sovereignty of the
enemy Is in such case 'suspended," over the
conquered territory, or be obligatory upon the
inhabitants who remain and submit to the con.
querors. By the surrender the inhabitants
apass under temporary allegiance" to the
conqueror, aud are "bound by such laws and
such only, as he may choose TO recognise and
Impose. sFrom the nature Of the case, no
other laws could be obligatory upon them; tor
where there is no protection or allegiance, or
sovereignty, there can be no claim to obedI'
ence." These are well established principles
Of the laws of war, as recognized and Practised
by civilized nations; and they have been sane
toned by the highest judicial tribunal OF our
country.
The orders and instructions issued to the Of
6cers Of our armT and navy. applicable to such
portions OF the Mexican territory as had been
were, indeed amelioratons of the rigors of the
war upon which we might have insisted. They
substituted for the harshness Of military rule,
something of the. .mildness Of civil government,
and where not only the exercise of no excess
Of power, but were a relation in favor of the
peaceful inhabitants Of the conquered territory
who bad submitted to our authority and were
alike politic and humane. 1t is from the same
source Of authority that we derived the unques.
toned right, after war had been declared by
Congress, to blockade the ports and coasts OF
the-enemy, to capture bis towns, cities and pro-
yinces, and TO levy contribution upon him tor
the support Of our army. Oithe same cbarac.
ter Of these Is the right TO subject to our TEN.
poraTy government the conquered territories of
our enemy. They are all brligerent rights;
and their exercise is as essential to the success.
fol prosecution of foreign war as the right to
fghi battles.
New Mexico and Upper California were
among the territories conquered and occupied
hY our forces, and such temporary governments
were established over them. They were esta.
bished by officers of our army and navy in
coHsmaod, in pursuance OF the orders and in.
str,'cfions accompanying my message to the
House Of Representatives Of Dec. 22d, l946.
In their form and detail, as at first established
they exceeded in some respects (as was stated
IN that message) the authority which had been
given; and instructions for the correction of the
error were issued in dispatches from the War
and Navy Departments, of the llth Of Janua-
~ ls47; copies of which are herewith trans.
'miited. They have been maintained out Of the
military exactions and contributions levied upon
the enemy; and no part Of the expense has
been paid out of the treasury Of the United
States.
In the routine of duty, some OF the officers Of
The army and navy, who first established tempo.
rary governments In California and New Mex.
ico, have been succeeded in command by other
officers, upon whom like duties have devoved;
and the agents employed or designated by them