The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-07-25

in tina, the authority which had given and
Instructions for the correction OF the were Issued In
dispatches War and Navy Departments OF the 18th
OF January lSU-copies of which herewith transmit
ted They have been maintained and supported out o the
military exactons and contributions levied upon the en-
envy and no part OF the expense has been paid out oil
the treasury OF the United States.
In the routine of duty, of the officers of the army
and navy, who first established temporary governments
ia California and New Mexico, have been succeeded in
command by other officers upon whom like duties have
Evolved and the agents Employed designated by them
1, control the temporary governments have also in
instances superseded by others Such appointments
for temporary civil duty during military occupation
made by the officers In command IN the conquered
territories respectively
On the conclusion and exchange of Publications OF
~ of peace with Mexico which was proclaimed on the 4h
INST these temporary necessarily ceased TO
ST. In the Instructions establish temporary government
,yer New Mexico no distinction made between that
the other provinces of Mexico which might be taken
$50, /. Il in our military occupation.
~, w vince of New Mexico, according to It's ancient
mo P'' claimed by Mexico, lies on both sides of the
" r part of il the east of that river was in
MO ua"o' ,n~ between the United States and Mex
ui'p'o ~no 'a' w al w successful revolution in April,
1896, achieved and subseque ,Tavaa ,saa j.; No.,
80 ' " a VI ~ 's'o'' declared To be the Rio
Der, 1885, her western boundary "A ,ha,oa A. r,h
Grande, from its mouth t, its source, Tho,h H. a
to the forysecond degree of north latitude Licb abe ~
public of Texas, by many acts of sovereignty .n,na
erted and sed, of which stated in m, l
message OF December, 1916, had established her clear
TO the country Nueces and bordering that pat
Mexico, she had conquered reduced to actual
possession, and brought under her government, and laws,
that part OF New Mexico lying east of the Rio Gnnde,
which she claimed to be within her limits On the break
ng out OF the war, found Mexico in possession OF
this disputed territory As army approached Santa
Fe Ghe capital Of New Mexico) it found be held by
governor under Mexican authority and armed force col
lected to resist advance. The inhabitants Mexi
acknowledging allegiance Mexico The boundary
dispute was the line between the Countries engaged
in actual war; and the settlement of of necessity depend
on treaty of peace Finding the Mexican authorities and
people In possession our forces luered them, and
tended military rule them and the territory which
they actually occupied in lieu of the sovereignty which
displaced. 1t possible disturb or change the
practical boundary line in the midst of the war; when no
negotiation for Its adjustment could be opened, and when
Texas present by her constituted authorities
tablish and maintain government over hostile Mexican
population, who acknowledged allegiance to her
There was, therefore, alternative left but establish
and maintain military rule, during the war; the
quered people in the disputed territory who had submitted
to to fobear the exercise of belgerent
rights and leave them in state of anarchy and without
control.
Whether the country dispute righully belonged to
Mexico Texas, it right in the first case, and
our duty well right in the latter conquer and
hodit Whilst this territory was in possession
luerors, with population hostile to the United States,
which than broke out in open insurrection,
unquestionable duty continue military
cupaton OF it until the conclusion of the and estab
lsh over military government necessary for
cury well for the protection Of the conquered people
BY the JOINT resolution OF Congress of March 1885, r
annexng Texas to the United States" the adjustment of
of boundary which may arise with other gov
ernments" reserved to this government. When the
conquest of New Mexico consummated by our arms
the question OF boundary remained still unad uscd Until
the exchange of the Publications of the late treaty, New
Mexico became undisputed portion of the United
States and would, therefore, have been premature to
deliver Texas that portion of it, the side of
the Rio Grande, to which she asserted claim. However
the light of Texas may have been that right had
been reduced into her possession and it
ed by Mexico.
BY tho cesson Of the whole Of New Mexico both sides
OF the Rio Grande the United States the question of dis
puted boundary, far Mexico is concerned has been
settled leaving the question the true limits of Texas
New Mexico be busted 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 enemy, was in military
cupaton, not unmindul OF the rights of Texas to
that portion of which she claimed be within her limits
In letter from the governor Of Texas dated
the 4th OF January lS the Secretary of State by d
econ, informed him. in letter of the 18th of February
lS7 that in the Presidents annual message of December
1896 You have already perceived tina, New Mexico is a.
in the temporary occupation oil the troops OF the
United States, and the is military in its
character 1t is merely such government must exist
under the laws of nations and of war; preserve order
and the rights of the Inhabitants and will
the conclusion of treaty of with Mexico. Nothing
therefore, be certain than that this poTary
government resulting from necessity never inuriously
affect the right which the President believes be Justly
asserted by Texas the whole territory this side OF the
Rio Grande whenever the Mexican claim shall have
been extingushed by treaty But this is subject which
more properly belongs the legislative than the
branch of the government"
The result of the whole is, that Texas had asserted
right that part OF New Mexico Of the Rio Grande
which is believed under the of Congress the
nexaon and admission OF Texas into the Union State
and under the constitution and laws of Texas, be well
founded; but this right had been reduced her
tual and occupancy The general government
possessing exclusively the warmaking power had the
rghto take military possession of this disputed ,errory
and until the title to perfected by treaty peace
their duty to hold it, and to establish mill
tary it, for the preservation of the
quest ITSELF the safety of army, and the security of the
conquered inhabitants.
The resolutions further request information whether any
persons have been tried and condemned for " treason
against the United States in that of New Mexico lying
of the Rio Grande the has been in the
cupancy OF army, and, if before "wha uibuna
and "by what authority of law such tribunal esab
iished" 1t appears that after the territory in question
Sin the occupancy of army" of the conquered
Mexican inhabitants who had at first submitted
authority, broke in open insurrecton numbering
soldiers and citizens, and committing other atrocious crimes
Some of the principal offenders, who apprehended,
tried aud condemned by tribunal invested with
civil and criminal jurisdiction which had been established
in the conquered country by the military officer in
mand. That the offenders deserved the punishment in
hcted upon them, there is doubt and the
the proceedings against them consisted in dcsgna
ting and describing their crime, treason agains, the
limited STATES" This pointed ont its