The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-08-15

he was placed He Was not authorized to do, nor
do understand him as intending to do, anything
Whatever In his military character, nor to repre-
sent, in any way, the wishes Of the Executive
Government of the United States.
To judge intellgently and fairly of these trans
actions We must recall to our recollection the cir
cumstanoes Of the case, as they then existed.
Previous TO the war with Mexico, which COM
menced in May, 1876, and received the sanction
of Congress on the 18th Of that month, the Ter
ritory of New Mexico formed Department or
State of the Mexican Republic, and was governed
by her laws General Kearny, acting under or
ders from this Government, invaded this Depart
ment with an armed force the Governor fled at
his approach and the troops under his command
dispersed; and General Kearny entered Santa
Fe, the capital, on the 18th of August, 1S46, and
took possession of the territory in the name of
the United States On the 22d of that month
he issued proclamation to the inhabitants, stat
ing the fact that he had taken possession Of Santa
Fe, at the head Of his troops, and announcing his
intention to hold the Department with its origi-
nal boundaries, ION both sides of the Del Norte,)
and under the name of New MexicoD By that
proclamation he promised to protect the inhabit-
ants of New Mexico in their persons and proper
ty, against their Indian enemies and oil Others,
and assured them that the United States intended
to provide for them free Government, where the
20 Sss -uaSs se- o.sSSea SI,1 - 100
of freemen in electing their own representatives
- ~ rr---a~-S-' --i-'-----~ n ~ ---- ,a-,
he established Territorial Constitution by an
organic law, which provided for executive, legis-
lative, and judicial departments Of the Govern
ment, defined the right Of suffrage, and provided
for trial by jury and at the same time established
a code Of laws The Constitution declared that
"the country heretofore known as New Mexico
ball ~ L. nd doo;r tol 81
Territory of New Mexico, in the United States
of America and the members of the lower
house of the Legislature were apportioned among
the counties established by the decree of the De-
partment of New Mexico of June'l7, 1874, which
counties it is understood included all the terri
tory over which Texas has lately attempted to
organize counties and establish her own jurisdic-
ton. On the 22d of December, lS46, q copy Of
this Constitution and code was transmitted by
President Polk to the House of Representatives,
in pursuance of call on him by that body. In
the message transmitting the Constitution, he
says that "portions Of it purport to establish and
organize a permanent Territorial Government over
the Territory and to impart to its inhabitants po-
litical rights which, under the Constitution Of
the United States, can be enjoyed permanently
only by citizens OF the United States. These
have not been approved and recognised by me.
Such organized regulations as have been estab-
lished In any of the conquered Territories for
the security Of our conquest for the preservation
OF ORDER for the protection OF the rights Of the
inhabitants, and for depriving the enemy Of the
advantages Of these Territories while the mill
tary possession of them by the forces of the United
States continues, mil be recognised and appropedn
Near four years have now elapsed since this quasi
military Government was established, by military
authority, and received, with the exceptions men
h. 90 Do1r IL.
mean time treaty of peace has been concluded
with Mexico, by which q boundary line was es-
tablished that left this Territory within the Uni
ted States, thereby confirming to the United
States, BY treaty, what we had before acquired by
conquest. The treaty, in perfect accordance with
the proclamation Of General Kearny, declared
that the Mexicsns remaining in this Territory
should be incorporated into the Union of the Uni
ted States, and be admitted at the proper time,
Ito be judged Of by the Congress of the United
StatesJ to the enjoyment of all the rights of cit-
zens of the United States, according to the prin-
ciples Of the Constitution; and in the mean time
should be maintained and protected in the free
Of their liberty and property, and Sc
cured in the free exercise Of their religion with
but restriction Thus it will be perceived that
The authority Of the United States over New
Mexico was the result of conquest and the pos
session held Of It, in the first place, of course
military possession. The treaty added the title
by cesson to the already existing title by success
Pul achievements in arms. With the peace there
arose natural expectation that, as early as pos
,ible, there would come q civil Government to su-
persede the military. But until some such form
IF government should come into existence, II was
natter Of absolute necessity that the military
government should continue, as otherwise the
country must fall into absolute anarchy. And
ksok xa k<Nor h. r. Al
tice Of civilised nations when colonies or terri
tories have been acquired by war, and their &C
QUESTION confirmed by treaty.
The military government therefore, existing
in New Mexico at the date Of the order, existed
there of inevitable necessity. 1t existed as much
against the will of the Executive Government of
the United States a. against the will of the peo-
pie. The late President had adopted the opinion
that it was justi6able in the people Of the Terri
tory under the circumstances, to form a oonstitu-
tion Of government, without any previous author
ity conferred by Congress; and thereupon to APP
ply for admission into the Union. Ii was under
this state of things, and under the influence of
these opinions, that the order Of the 10Th of No
vember last was given, and executed in the man
ner we have seen. The order indicates no bound
airy, and defines no territory, except by the name
Of New Mexico; and 80 far as that indicated
anything, 1t referred to known Territory, which
had been organised under military authority, APP
proved by the Executive, and left without remon-
STRANGE or alteration by Congress for more than
three years. II appears to the President that
such an order could not have been intended to
invade the rights of Texas
Secondly, you ask whether the proclamation of
Colonel Munroe meets with the approval of the
President of the United States7
To determine this question, it is necessary to
look at the object of the proclamation and the
fleet of the proceedings had under it.
II the ohjeot was to assume the authority to
settle the disputed boundary with Texas, then the
President has hesitation in saying that such OBJ
ect does not meet with his appreciation, because
be does not believe that the Executive branch of
this Government, or the inhabitants of New
Mexico, or both combined, have any constitution
al authority to settle that question. That be-
longs either to the Judicial Department Of the
Federal Government or to the concurrent action
by agreement of the Legislative Departments of
the Governments Of the United States and Texas
But it has been sufficiently shown that Col Mum
roe could have had no such object, and that his
intention was merely to act in aid of the peo-
pie In forming State Constitution to be submit
ted to Congress. Assuming then that such Con.
stitution had been formed, what is its efea upon
the disputed boundary IL 1t compromits the
rights Of either party to that question: then it
does not meet with the Presidents appreciation
for he deems it his duty to leave the settlement of
that question to the tribunal to which it constitu.
tionsy belongs II is sutficent for him that this
boundary is in dispute that the territory east of
the Rio del Norte seems TO be claimed in good
faith both by Texas and New Mexico, or rather
by the United States. Whatever might be his
Judgment IN regard 70 their respective rights, he
has no power to decide upon them, or even to ne
yotiate in regard 10 them and therefore II would
be improper for him to express any opinion. The
subject matter Of dispute is between the United
States and Texas, and not between the inhabit-
ants of New Mexico and Texas. II those
people should Voluntarily consent to come un.
Ter the Jurisdiction of Texas, such consent
would not bind the United States to take away