The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-01

we~t tn New Mexicol shall become State. In
the me antme New Mexicol continues to be ter
rory of the United States, governed by that clause
Of the constitution which empowers Congress to
make all needful rules and regulations respecting
the territory and other properly belonging to tho
United States"
True extract [signed,l R. JONES, Adjt Gen.
True copy. ]. MONROE, Bvt. Col. U. s. A.
HEADQUARTERS, 9rH Mil. Dept,
SANTA FE, NEW Mexico,) July IL, 1850
Sir-l have To acknowledge the receipt of your
letter of this date, address ed to me- as commander
of the Ninth Military Department, and informing
me that, In fnhlment OF your voluntary promise to
let me know OF any important steps taken by your.
self, You now inform me that you have proceeded
TO nominate those officers which the constitution
requires shall be filled in that manner.
Having, in my proclamation Of the 18th OF MAY
last, called an election for an Executive and Lee
slsiature to consummaie the proper anangene ,hs
for the presentation of the State constitution to the
Congress of the United States, ! stated, " that
all action by the Governor, Lieut.: Governor ana
OF the Legislature, shall remain inoperatye unui
New Mexico be admitted as stale, under SAID
constitution except such acts as may DE necessary
fer the primary steps of organization and the pre-
sentation of said constitution properly before the
Congress of the United States
"The 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 States, the de-
cisions of the Supreme Court and the laws of Con-
gress, had no right TO suppose that the officers
elected under its provisions would assume to them
selves authority beyond the conditions on which
they were elected by the people, that they would
engage in any acts supersede the present govern
ment. But, soon after the meeting OF the Legisla-
ture, j became convinced, from the expressed
opinions OF members of other gentlemen occupy
ing important POSITIONS and from the acts of both
houses, that, in addition TO lis legitimate business,
there was an obvious intention of subvertng the
government by legislative action. Ia a sincere
hope that purpose so repuenant 10 law and in
furious to the wel-bring of Mexico might, by con-
cilation on my port, be averted, have done what
lay in my power 10 avoid the possibility of OPP
position, eiher IN feeling or action, by the Legsla-
tuSe, or by the party by which its majority was
elected, against the constituted authorities and es-
tablished government
Reluctantly as approach the subject, now de-
clare that the nomination of officers, and their
confirmation, 10 assume the exercise OF functions
which (by superseding the officers now in COM
mssion) will affect the laws OF this territory, at
present constituted, will be deemed and considered
act, on the part Of all concerned, in direct
violation Of their duties citizens OF the United
States.
My official obligations mperatively require that
the present government be sustained until suppressed
ed by another legally constituted and this duty /
will fulfil with all the means at my disposal
am, respectfully,