Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-07
HEADQUARTERS 9TH MIL. DIRT,
SANTA FE, New Mexico, July IL, 1850

HEADaUARrERs 9rH MIL. DIRT,
SANTA FE, (New Mexico, July -, 1859.
SIR have acknowledge the receipt Of your letter Of
this ats addressed commander Of the 9th Military
Department, and informing that, in fulment of your
voluntary promise to let know of any important steps
taken by yourself you inform that you have pro-
ceeded to nominate those officers which the constitution
quires shall be filled in that manner
Having in my proclamation of the 28th Of May last called
an election for an Executive and Legislature
the proper for the Of the State
sution to the Congress Of the United States stated that
all action by the Governor Lieutenant Governor and of the
Legislature shall remain imperative until New Mexico be
admitted State under said constitutions except such acts
may be necessary for the primary steps of organization and
the presentation Of said constitution properly before the Con-
gress Of the United States.
sThe present Government shall remain in full force until,
by the action Of Congress- another shall be substituted
APPLYING these principles clearly in accordance with the
constitution Of the United Saes the decisions Of the Supreme
Court and the laws Of Congress- had right to suppose
that the officers elected under its provisions would to
themselves authority beyond the conditions on which they
were elected by the people, that they would engage in
acts to supersede the present Government But after
the meeting Of the Legislature became convinced from the
expressed opinions of MEMBERS of other gentlemen occupying
important positions, and from the acts OF both Houses tha
in addition to its legitimate business there obvious in
tention of subvering the Government by Legislative action
Ia sincere hope that purpose repugnant to law and in
furious to the welbeing Of Mexico might by Cancellation on
my part be aved have done whatever lay IN my power
ton by the Legislature the party by which its majoty
elected against the constituted authorities and established
Government.
Reluctantly as approach the subject now declare that
the nomination Of officers and their confirmation to assume
the exercise Of functions which by supersedng the officers
now in commsson will affect the laws Of the Territory, as
at present constituted will be deemed and considered an
act on the part Of all concerned in direct violation Of their
duties as citizens Of the United States.
NV official obligations mperavey require that the present
be sustained until superseded by another legally
constituted and this duty will fulfil with all the
my disposal. I am, respectfully,
Girl and Nil Coz. of the Territory of Ne,o Merico,
Lieut. and Acting Gov. MANUEL ALVAREZ.
GovERsoRs OrrIcs, July l3 1850.
SrR. In nv note of yesterday mentioned that would
take an early occasion to your communication Of the
lth ins which you pleased TO allude to
ton solicited by yourself through your adutant which
held on the 10th inst, in which, among other matters,
minated disposition disregard any acts of the Legisla
ture oyerseppng the bounds your proclamation Of the date
of 2sth May 1866 determination sustain the authorities
hitherto administering the funeonsof Government and al
uded the Of the new Government in organizing its
departments and proceeding exercise Legislative power
unwarranted and revolutionary
From The tenor Of your conversation learn that you
terrain the idea that the people, in organizing government
were bound to follow your proclamation literally and strictly
and that they can exercise power beyond its license In
this construction Of the peoples rights, opinions
trey different, since hold the true ground to be-
lst. That the people had an undoubed right to hold
Convention form constitution, and organize civil govern
men without either your first or second proclamation or
even without consulting with you.
cd That any private citizen, well the commandment
OF the Ninth Military Department, could have issued the
proclamation, could by consent have been de-
gnaed for that purpose and obeyed it would have been
Just eectual and obligatory the people and yourself
3d. That in the absence of any Congressional legislation
we have free and undoub,ed right reform and
remodel the old system, establish and different
violating the constitution of the United Ststeas
the people Of New York or Virginia.
4th. That the civil power exercised by you, under mill
tary order from Gen. Scott be greater more re-
sctve Of the rights Of the people than that exercised
the President Of The United States.
5h That the President delegate greater power
than he could himself exercise, and nothing clearer than
that be- without the sanction Of Congress- has no power
either to dictate government u.s. prevent US from
making such one az may prefer
6h That il has been pretended even BY the Pres-