Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-08-19

IL
ada should continue be governed by its present laws until
his Majesys further pleasure So far that concerned,
the case Is identical with the conquest Of New Mexico and
California General kearny in his proclamation Santa Re,
on the 22d August, 1916, uses this language
"t is wish and the United States provide
for New Mexico free government, with the least possible
delay similar those in the United States and the people Of
New Mexico will then called exercise the rights of
reemen elecng their own representatives the Terrific
rial Legislature. Bit uni this be done the .vs hitherto
IN existence H be continued until changed modified By
pee auo and those persons holding office will continue
in the same for the present. provided they will consider them
selves good citizens and willing to take the oath OF aeg
ance TO the United States"
And in his proclamation at Monterey, in California, on the
l day Of March, s47 he similar language, as follows:
lis the desire intention Of the United States pro-
for California speedily possible free government
like that Of their own Territories and they will very in
vte the inhabitants exercise the rights free citizens in the
choice OF their own representatives who may such laws
as they deem best adapted to their interest and we-being
Bur mil this takes place. the t19s actually n existence seich
repugna to Me Constitution q te United States ra
continue in force they revoked By competent authority;
and the exercise of public empoyments will tor the
present in Them provided they TO maintain the
said constitution, and faithfully discharge their dutes
These procamaons the terms Of the capiulation
By tho promises and therein given the people
induced surrender and offer further resistance to
our arms And according the opinion of Lord Mansfield
lust read the terms Of the capuaton each by the
laws of nations would be held sacred and nvoable accord
ing 10 their true intent and meaning But sir, the same
rule would apply there had been no such terms OF ca
puaon The capituaton only increases the obligation to
with the exception before stated continue in force until alter
ed by the governing or conquering power.
II remains for me to show that the same principle
has been repeatedly recognised and settled by SUI
peme Court For this purpose refer, first to the opinion
given by Chief Justice Marshall in the OF the American
Insurance Company ct al Vs. Carter LIST Peters, o42 In
this case that learned Judge used the following language
The constitution confers absolutely the Government OF
the Union the powers of making and OF making
consequently that Government the power OF acquiring
territory either by conquest or BY treaty he usage OF the
han IN
holding conquered territory mere military occupation
until its fate shall be determined the treaty OF peace. II
be ceded by treaty. the acquisition is confirmed and the
coded territory part the nation to which is
nexed either the stipulated in the treaty OF ceson,
or on such us shall impose. On such transfer
of territory has held that the relations of the in
habans with each other undergo any change Their rea-
tons with their former sovereign are and new ea
tons them and the which has
acquired territory. The act which transfers their
country transfers the allegiance Of those who remain in it.
And the law, which be denominated POLITICAL is necess
ry changed although which regulates the intercourse and
general of individuals remains in force until altered by
the newly created power OF the State"
Again. the case, page 544, he uses this language
has been already that all the laws which in
force in Florida while province of Spain those excepted
which political in their character which concerned the
relations between the people and their sovereign remained in
force altered by the Government OF the United Saes
Ia the same case Mr. Justice Johnson, of South Carolina
in giving his separate opinion used the following language
read from lst Peterss Reports, page SLY:
The right therefore, of acquiring territory is altogether
incidental the treaty -makns and perhaps TO the
power admitting States the Union and the
ment acquisitions Of left to the Legislative
power of the Unon far that power is uncontrolled by
treaty BY the latter acquire, either positively sn6
mode and by the former dispose acquisitions made and
in case Of such acquisitions see nothing in which the power
acquired the ceded territories from the power
acquired under the law of nations by other Government
tuons the territory acquired remain in full orce until
rightfuly altered by the new Government"
Here expressly affirmed that the iacs, rights, and in
situations Of the country acquired, remain IN force until
riDbff,IUu uHered b3,f he mem me-
But sir this principle has been repeatedly decided by the
tribunal have another before in IL Peterss
Reports page 4l0 in which the doctrine held, and
long list OF cited in which is also affirmed This Is
the Of Soher Lucas and action Of eectment
for lots of ground in st Louis Missouri and where
became review the laws that in force there
the time Of the acquisition Of Louisiana Judge Baldwin gave
the opinion of the court and used the following language
The State which the premises situated formerly
part OF the territory first of France next OF Spain, then OF
France who ceded the United States the treaty OF 1905
IN full propriey sovereignty and dominion, she had
quired aud held it, Il Peters, SOL &c by which this Cow
put itself place OF the former soveregn and be-
invested with all their rights subject 10 their concomi-
obligations the inhabitants Peters, sig Peters,
7S6 10 Peters, $50, S35, 726 1872 1867 Both we're regu-
propey are protected even in the case Of
try and held sacred and nvoabe when IL is ceded by treaty.
with or without stipulation to such effect and the laws
whether in writing evidenced by the and customs
the conquered ceded country continue IN force till altered
by the sovereign"(s wheaton $50 ~ Wheaton, s2s
Peters. las go 747 74s 7so Cowper. aos Yeay, sr
$40 10 Peters, sos, $50, 72l, 7sa, &c)
Here, again. is clear and distinct recognition of the
principle with the declaration that the L1Ds, oether
fling Evidenced By the usage and custom Of the conquered
ceded country, continue force till altered BY the neo
sovereign with long list Of authorities upon the point
which deem useless the time Of the House by
referring to- if my brief hour would permit Gentlemen
take them and read them their leisure But why need
say upon this point Is il well known and per-
fecty notorious in this country that all the local and munich
pal laws which in force in Florida and Louisiana at the
time Of their acquisition still in force except only
they have been altered since Upon what other principle
is it that the civil law prevails in Louisiana to this day
And now, Mr. Speaker If such be the decisions Of
Supreme Court upon this point, presume gentleman
upon this floor viii venture TO gansay deny there but
other question left, and that is what the law upon
the subject Of slavery in California New Mexico at the time
of their conquest This is important question The
whole merits Of the turn upon it. And upon this point
I suppose, there be doubt. Slavery abolished
there ia 1922 have before the Decree appears in
Nlles's Register, vol. 81, page 2l9:
MEXICo-TOTAL ABOLITION OF SLAVERY.
habitants Of the Republic, greeting
Desiring gnaze in the year 1899 the anniversary Of
independence BY of national justice and bcnefcence
result that may consolidate and public rsnqulli
that cooperate the aggrandzemen Of the republic
and unfortunate portion Of its inhabitants those
rights which they hold from nature and that the people pro-
by wise aud equitable laws conformity with the 3Oh
article of the consttutive act.
"Msking Of the extraordinary faculties which have been
granted by the Executive, thus decree