Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-07-28
NEW MEXICO AND CALIFORNIA.


ING message iron, the President OF the Y. osa.sS'
WASHINGTON, July "A, 1910
r. n. Ho,s, of Rfp,,,e1,talpes Of The United Siasi
In answer 10 Inc resolutions oi Inc iiouse "
REPRESENTATIVES on The 10Th ins requesting in.ol'
marion in relation 10 New Mexico and Ca'los'
mia communicate herewith reports irou' .he ~.
cre!ary ofSlate. the Secretary the treasury, "
Secretary 0: War AMI The Secretary '. ~. w -
with The documents which accompany ue 'a
These reports and documents contain INV -,
upou the several points OF Inquiry Fnip, srona
the resolutions. Zine proper nun, a"a J.,;aa..
r;es Of New Mexico and California aie aeiinea,
,a ~, IN me map referred 10 IN The late treaty WIN
Mexico, an authentic copy oil when Is hereain
transmitted and all the additional lnioflna'ioh
noon that sutiecl; and also The most fel'aoie IN
formation in respect TO Tic population OF 'hee
respective provinces which is IN me possession
OF The Executive, will be found IN the accompany
ing report OF The Secretary OF Sae.
The resolutions reques information IN re!diu
10 the existence OF civil governments ~ view WY,
leo ami California, their form ana chalav'ei'
bv uwbom instituted" by "what authority ana
how they are "mainlained and supported.
In nv message OF December % 1876 IN an
swer ia a resolution OF the House OF Representa-
lives calling Tor Information IN reialioh 10 NE
establishment or organization q ciVil govern
men,s in any portion OF The territory ol Me4ico
which has or might be taken possession Oh ny inc
army or navy u The Unitcd States communi
Gated the orders which had been gwen 10 inc oil'
GERS Of our army and navy, and sialea .ne sehe-
raj authority upon which temporary military 60
vernmen,s had been established over the con-
ouered portions OF Mexico then in our military
occupation.
The temporary governments authorized were
Instituted By virtue OF the rights oi war lne
power 10 declare war against foreign country,
and 10 prosecute ii according 10 the general laws
OF war, as sanctioned b. civilized nations, II VIII
M, be oue.toned, exists under our constitution.
When Congress has declared that war exists WIN
foreign nation, "the general laws ol war Apply
to our si,ualion," and il becomes he duty OF me
President, as The constitutional, 'commander-ln-
chief OF the army and navy Of tie United States,
10 prosecute ii. ;.
In prosecuting a foreign war, thus duly de-
clared by Congress, we have the right by ICON
quest and military occupation to acquire pos
session Of the territories Of The enemy, and du'
ring the war, to exercise the fullest rights o.
sovereignty over it, The sovereignty Of The
enemy is in such case suspended" and HI:
laws can sno longer be rightfuliy enforced
over the conquered territory, or "be obligator,
upon the inhabitants who remain and submit L
the conquerors'' By the surrender, the lnha5l
tanis 'pass under temporary allegiance" 10 th'
conqucror, and are 'bound by such laws, ant
such only, as he may choose 10 recognise an'
impose. "From the nature of the case, no o,he
laws could be obligatory upon them; for where
| there is no protection, or allegiance, or sove
reignty, there can be no claim TO obedience. v
These are well established principles of The
laws of war, as recognised and practised b,
civilized n,tions; and they have been sanctioned
by the highest judicial tribunal of our counlr,
The orders aud instructions issued 10 the oil
GERS Of our army and navy, applicable to suci
portions of the Mexican territory as had been Of
might be conquered by our arms, were in strlc
conformity 10 these principles. They were, in
deed, ameliorations of the rgcrs of the wal
upon which we might have insisted. They sub
stituted for the harshness of military rule some
thing of the mldness of civil government, anc
were not only the exercise Of no excess o.
power, but were relaxation in favor Of the
peaceahle inhabitants ofthe conquered terrilor,
who had submitted 10 our authority, and were
alike polite and humane. II is from the same
source Of authority that we derive the unques
toned right, after war has been declared BY
Congress, TO blockade the ports and coasts Of
the enemy. TO capture his towns, cities and pro-
yinces, and TO levy contributions upon him FOL
the support Of our army. Of tie same charac
Ter with these is the right TO subject TO our tenn
poral military government the conquered terri
tories OF our enemy. They are all belligeren'
rights and their exercise is IS essential 10 the
successful prosecution OF foreign war as the
-::!xt 4" 6abi hei'lGs,. ~,,..
among The territories conquered and occupied, b
Uuf .crces, and, as such, temporary government:
were established over them. Tney We're esla
hlished by officers OF our army and navy 10 com
mand, in pursuance Of the orders and insirnc
iions accompanying nv message 10 Inc House
Representatives Of December % 1916. In hei
form and detail, a at first established, they ex
ceeded in some respects tas was stated III iha
mrssage) the authority which had been given
aud instructions for the correction OF The erro
were issued in dispatches from the War ant
NAVY Departments Of the ll'h OF January, lSi'
copies OF which are herewith transmitted
They have been maintained and supported on: o
The military exacIions and contributions levicC
upon the enemy, and no part OF The expense ha:
been raid on, Of The Treasury OF Tie U. States.
In the routine o, duty, some oi he officers Q
the army and navy, who first established tempo
rary governments in California aud New Mexi
CO. have been succeeded in command br 0ihe
officers, upon whom like duties have davovcd
and The agents employed or designated by then
To control The temporary governments have also
IN some instances, been superseded by others :
Such appointments, for temporary civi! du'y dur
ing our military occupation were made by III
officers in command in the conquered territorie
respectively.
On the conclusion aud exchange OF raj flea
tons 81 treaty Of peace with Mexico, which
was proclaimed Oh lhs Al instant, these tempo
rary governments necessarily ceased 70 exist. II
the instructions 10 establish temporary govern
ment over New Mexico, no distinction was mad
between hat and the Other provinces Of Me1c,
which might be taken and held in our military
occupation.
The Province OF New Mexico, according L
It's ancien, boundaries, as claimed b. Mexico
lies on both sides OF the Rio Grande. That par
OF i, on The cast OF that river was in dispu
when the war between The United States aUt
Mexico c mncnced. Texas nv a successful re-
voluli7n in Apt, ls3; achieved and subsequent
~ maintained her ,uccrerdence. Gy an act Q
the Congress OF Texas, passed in December
1886 her western bon ndary was declared 10 b. b.
Rio Grande. from its mouth 10 rs source an:
thence due north 10 Inc iony-second degree o
north latitude. Though the republic al Texas
bv man. acts o. snve.c eighty which she exeIe,
AMI exercised, SOM ! which were stated in my
annual message 81 December, 1910, mac eStdb
lished her clear ri!l-. a The country West OF b,
Nueces, and bordering on iha. part OF the Ri
Grande which lies between the Province o
New Mexico, she had never conquered or redu
ced 10 actual possession, AMI krcushi under hel
government and laws that part Il New Mexico
living east Of tn Rio Grande which She claimed
10 be within her limits. On the breaking out o.
the war, vi found Mexico in possession o.
this disputed territory. As our army ap-
preached Santa Fe, Qhe capital OF New Mexico,
il was iound TO he hei tya governor under Mex
lean authority and an armsd force collected ic
resist oar advance. The inhabitants were Mexi-
cans, acknowledging allegiance 10 Mexico. The
boundary in dispute was The line between the i've
countries engaged in actual war, ami the sellc-
ment Of il OF necessity depended on a treaty Of
peace. Fin'ins the Mexican authorities and peo-
pie in possession onr forces conquered them, and
extended military rule over hsm and the terrific
~ which they actually occupied, in lieu OF the
sovereignty which was displaced. II was no,
possible 10 disturb o. change the practical boun.
darv line in the midst Of the war, when no neso-
la,ion for its adjustment could be opened and