Tri-weekly journal., 1848-02-05

much must be conceded; and if so, sir, whence
did the President of the United States derive
his power 10 do this without the consent of
Congress.
According to Mr.. Jefferson, an act which, in
its execution, may change the relations of a
country from peace to war, Is an act beyond
the competency of the Executive, and to be !
passed upon only by Congress. The Consti-
tuition has undergone no change, the people |
have made no amendment to it. 1t stands now
as it stood in the time Of Mr.. Jefferson
Whence, then, has Mr.. Polk derived his au-
thority to precipitate measures which must
lead directly to war, Congress being in session,
and without even deigning to inform them of
what he proposed to do? But, sir, at all events,
there is not the slightest reason to doubt, as Il
apprehend, that the movement of the troops
upon the Rio Grande was the act which pro-
duced war. There had been, previously,
threatenings on the part of Mexico. There
had been exactly that state Of feelings which
was likely TO result in war. But there had
been no war, and my conviction is, sir, that
if our troops had remained quiet at Corpus
Christi, where they had right TO remain, on
the ground, so strongly put by theSenator from
Maryland. (Mr. Pearce) that it belonged to
Texas by virtue of her revolution, and was
then in her possession, there would have been
no war. But at all events, suppose that war
would have been produced by some other cause,
though our troops had not been moved, which
is mere matter of speculation, yet it cannot be
denied, that in point of fact; this war was the
result of the movements of our troops upon the
Del Norte. That movement was an act of
war. 1t was at all events, an act tending to
change the relations of the two countries from
peace to war; and an act which the President
could not lawfully or constitutionally per-
form.
The next proposition which lay down is,
that this war, thus resulting from an act Of
the President, has been prosecuted by him from
/ the commencement with view tc the con-
quest-the permanent conquest-of at least
New Mexico and Upper and Lower California.
/ beg the attention of the Senate while | shall
attempt to demonstrate this proposition from
public documents. First, sir | will call the
attention of the Senate to the instructions Civ
en- by the Secretary of War ON the Sd of June
!, '46, to General Kearny:
''Shoud yoa conquer and take possession of New
Mexico pper California, or considerable places
in either, will establish temporary civil govern
ment therein abolishng all arbitrary restrictions
that may exist so far il may be done with safety
In performing this duty il would be wj,e and prudent
to continue in employment all such OF the existing Of
fcers known to be friendly the United States
and will take the oath of allegiance TO them. The
duties at the custOm-houses ought at once to be
duced to such rate as may be barely sufficient to
maintain the necessary officers without yie ling any
y revenue TO the government. You may assure the
people of these provinces that il is the wish and de-
sign of the United States to provide for them gov.
ernment, with the least possible delay similar tha
which EXISTS in our Territories. They will then bs
called TO exercise the rights Oireemen IN electng
their representatives the territorial Legislature
Ii is foreseen that what relates to the civil govern
ment will be difficult and unpleasant part OF ou
duty and much must necessarily be left TO your owl
discretion"
n In further proof of this sir, read the instruc
tions given by the Navy Department TO Com
: nouore nIoat; I2th July, 1916:
1.-The object ofthe United Statesi is, under the right
as beligerent nation, 10 possess itselfentrey o
M Upper California.
"The object of the United States has reference e
Il ultimate peace with Mexico; and it, at that peace th
basis OF the H pOssdes shall be established, the gov
eminent expects through your forces, to be found
l. actual possession of Upper California.
This will bring with il the necessity of civil ad
ministraton. Such government should be estab
lished under your projections and IN selecting persons
It to hold oce due respect should be had TO the wishes
e Of the people of California, well TO the actua
possessors of authority in that province. 1t may b,
proper to require an oath OF allegiance to the United
States from those who are entrusted with authority
s You will also assure the people of California Of th
n protection of the United States.
# After you shall have secured Upper California,
your force Is sufficient, you will take possession,
keep the harbors on the Gull OF California tar down
at least, as Guaymas But this is not to interfer,
with the permanent occupation of Upper California.
: Then, sir, on the 18th of August, we have in
: structions from the Navy Department to Com
b modore Stockton, or whoever might be the
$ commanding officer, in the Pacific.
y y Now, sir, in order to understand the scop,
and bearing of those orders, still more clearly
let US see what was done under them by the of
ficers to whom they were addressed. In a let
ter of General Kearny to the Adjutant Gener
5 al, of the oath August, '46, written from SAINT;
! Fe, he says:
= ron the 22dl issued proclamation, claiming tn
whole OF New Mexico with its then boundaries, as
b territory of the United States of America and takn!
. II under our protection"
; In another part of the same letter, he says
"On my return (which will be in two thre'
} weeks civil government shall be organized, ans
: the officers appointed for it, after which, l will b,
e ready start for Upper California, which hope ma
&c be by the latter end of month; and such
i shall expect TO have possession of that department
by the close of November"
. Then we have General Kearny's proclama
. ton, in which he announces his intention tC
4 hold New Mexico as part of the United States
= under the name of the territory of New
Mexico.
"And he required those who have left their home
= and taken up arms against the troops of the Unite
" Statas return forttUiM 10 them, else they will
considered enemies and traitors. subecting thei
It persons punishment and their property to selZur
Is and confscation for the benefit OF the publ
N treasury.
IL. - IT,