The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-07-27

tuted for the harshncss Of military rule sm,.ig ri
I, .he m,ldnees Of civil government aud on
tne ekrIche of nosxcrs of pc bnt were r,lax
ton Ia favor Of the peaceabe Inhabitants of the
u quered Territory who he'd scbmtt TO our Authority
ana were alike polite and huaape IL il fr,m tbe
g same source If authority that derive the uo ines
toned right after var has been declared BY Cong
TO blockade tire ports and coasts Of tn. enemy H.
tnre nv towns cities and provinces, lew con
iribufons upon him for the support of army OF
the same character with these the right TO s
70 our temporary military goyernmrnt the Conquered
3 territories OF our enemy They are all beliserent
rghis and their exercise liz essential to tn sue
fight battles W
New Mexico and Upper California were among IN.
territories conquered and occupied by forces
, such temporary governments were established over
th.m hey were esrabIished BY officers of our symy
and navy In command, in OF ths and
Instructions accompanying my message to the House
OF Reprsse natives Of December 22i, 1915 In their
form and detail ut first established they exceeded
In some respects (as stated in that the
authority which had been given aud instruction for
from the War md Navy Departure It's, Of 1ltn of
January iS47 copies Of which are herewith trans
ntted. They have been maintained Ind supported
out Of the military exactons levied
upon the enemy and part OF the expense has been
paid ont OF the treasury Of the United states.
In the routine If duty, OF the officers of the
army and navy, who first established temporary 90
vernments in California and New Mexico have bson
succeeded in command by other officers, upon
axe duties have devolwd and tho agents employ ed
DESIGNATED by them to control the temporary govern
ments have Also in some instances been by
Others Such appointments, for temporary civil duty
during our military occupation made by the Of
ctrs in command In the ries respcc-
lively
On the conclusion and exchange Of notifications Of
treaty of pence with Mexico, which was proclaimed
the Attn inst these temporary governments pecss
sarily ceased C sxist In the Instructions establish
temporary government over New Mex co no dstinc.
ton was made bet that and the other provinces
OF Mexico which might be taken and held in
military occupation.
The province IF New Mexico according to it, ancient
boundaSies claimed by Mexico lies both sides of
the Rio Grande That part of it on the OF that
xha,f h.fv
States and Mexico commenced Texas by success
full revolution in April 1885, achieved and
~ maintained her Independence. By an act OF the
Congress of Texas passed in December 1885 west
boundary declared TO be the Rio Cirande from
its mouth to its source and thence due north to
forty-second degree OF north latitude Though the 70
public OF Texas by many acts of sovereignty which she
exerted and exercised of which stated my
annual message OF December lS+6 had established her
clear title TO the country west of the Nueoes aud bor
drng on that part of the Rio Grande which lies bsow
the province of New Mexico, she had conquer
ed, or reduced to actual possess and brought
under her governments and laws, that part of New
Mexico lying east Of the Rio Graode, which she !
claimed TO be within her limits. On the breaking /
out Of the war We found Mexico in possession u
this disputed territory As our army approached
Santa Fee, (the capital Of New Mexico) it was found
to be- held by governor under Mexcaa authority, |
and an armed force collected to resist ADVANCE
he inhabitants wore Mexicans, Acknowledge allie
glance to Mexico. The boundary in dispute was the
line between the two countries Engaged actual war
and the settlement Of it Of necessity depends on
treaty OF peace Finding the Mexican authorities and
people i'll possession our forces conquered them aud
extended military rule over the nj the territory
which they actually occupied in lieu Of the sovereign
or change the practical boundary line ia the midst OF
the war, when no negotiation for its adjustment
could be opened and when Texas was not present bv
her constituted authorities to establish aud main.
tain governme mt q hostile Mexican population |
who acknowledged no allegiance to her. There vas
therefore, no alternative left but to establish aud
main ain military rule, curing the war the con-
qured people in the disputed territory had sub
mitted 10 our to forbear the exercise of our
belgerent rights. and leave them in state of ana,-
4 cby and without control.
iVh
to Mexcoor to Texas, it right in the case,
and our duty we'll right in the latter to
quer and hold it, Whilst this territory in our
possession conquer rs with population hostile to
the United States which more than broke out
in open instruction, n uuq uestio able duty
to continue our military occupation u it aut,l the
conclusion OF the and to establish over it mt ry
government neces airy for our own security we'll
| for the pro ecton Of the conquered people
BY the joint resolut Of Congress, of March 1885,
for snne.ing Texas to the Uni ed States the ad-
jusmept OF all questions pf boundary which may arise
with other governments reserved % this govern
ment When the conquest of New Mexico was con-
summsfed by our arms the question of boundary re-
manned still unadjusted Until the exchange Of the
Publications of the late treaty New Mexico never
it would. therefore have been premature to deliver
over to Texas that portion Of it, the east side the
Rio Graude, to which she asserted . claim. However
just the right Of Texas may have been it, that
had never been reduced into her possession was
By the cession Of the whole Of New Mexico on both
sides Of the Rio Grande to the United States the ques
ton of disputed boundary far as Mexico is CONCERN
ed has been settled leaving the question tho
true limits Of Texas in New Mexico. to be adjusted
between that State and the United States Under the
circumstances existing during the tendency Of the
war. and while the whole Of New Mexico, claimed
by our enemy was in our military occupation, / was
not upmndful of the rights of Texas to that portion
of ii which she claimed to be within her limits In
answer to letter from the Governor of Texas dated
on the 4th Of January lS4 the Secretary of State
my direction informed him in a letter OF the 18th Of
February 1e47 that in the Presidents nua message
New Mexico is at present the porary patton
of the troops Of the United States the Cover
it Is military in its character. IL Is merely such
government must exist under the laws of nations
and OF war to preserve order and protect the of
the inhabitants, and will the of
treaty Of with Mexico. Nothing therefore, can
be certain than that this temporary Cover
resulting from necessity. njurously affect
the right which the President believes be justly
serted by Texas to the whole territory side Of
the Rio Grande, whenever the Mexican claim to 1t I
sball have been exiting by treaty But this is
subject which properly belongs to tho legislative
than the executive branch Of the government
The result Of the W. ole is that exas had assertsd
right to that part Of New Mexico east of the Rio
GraDde, which believed uuder the acts Of
for the annexation aud admission Of Texas into the
Union as State. and under the constitution nd
Of Texas TO be well founded but this right had
been reduced to her actual possession and
armakDg power, had the right to take military pos
session Of this disputed territory until
to it was perfected by treaty of peace it their
duty to hold it, and to esablih temporary military
government ever It, for the preservation of the
quest itself the safety OF onr army and the security
The resolutions further request information whether
any persons have been tried and for trea
son against the United States in that part of New
Mexico lying east Of the Rio Grands since the same
has been in the occupancy Of army" and, il so,
before what tribunal and by what authority Of
law such tribunal established II appears that
after the territory in question in the occupancy
of our army" some Of the conquered Mexican nhab-
tants, who had at first submitted to authority,
| brake out in open instruction, numbering our sol
diers and cit ms, and committing other atrocious
crimes Some OF the principal offenders, who APP
pretended, were tried aud condemned by tribunal
invested with civil aud criminal Jurisdiction, which
had been established in the conquered country by the
military officer in command That the of- nders de-
served the punishment inflicted upon them, there Is
NO reason to doubt and the in the proceedings
against them consisted in desgn aud describing
their crimes as treason against the United States
This pointed out and its recurrence thereby