Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-08-09

a;,,,, doubtless believed that, under these rifc!l1Is.1Ino
49, ~ had \ rimht 10 frame : governmental 70. ththiSci.l.h
me PEP; !, 70 Congress for its approval. the RIDER "i'a
y s,ion that the then existing military government s' i',ss
a, Ind in the way Of the accomplishment ol u1 ,n,er.
moi s'a.'o al -, nor thwart hose wishes, if The people en,ei-
u "I ,,Ie,n fur the establishment ola free, popular, iePu9Gn
Tim . n;,iI government, for their own protection an" ocn M
This is evidently the whole purpose &C. dhh ho psIociiates. were
smcrican citizens, acquainted win Tic ivfiis VI 80 wanId
nonular proceedings and Il was eNpecleu .na' nn,y;cc and
ri Tho inhabitants of the territory, by thcir ao'i.u am
'a ,anc in their proceedings lof establishing Il 49,
msnt Of their own. There is no reason to suppose n n.o a
nci't ~ officer az much distinguished for prudence III
Mu mn,; > = q for gallant conduct in arms, meant TO at, y VI.
W.. .a,,herwisc than in entire subo.dlnatlon and siiosels1enmJs
= ~ will Of the people among whom he was piactu. nM
was not authorized to 40, NOR 'h does ,r .e 10 IN his military
nLn a a nor 70 represent in any way the wishes oi tie ',-
crutive Government of the United states s ,,m. transactions.
~ ,ud,e intelligently ana larry ol thrsS 'ais'e -,
80 INST recall 10 onr recollection the circumstances 'i VIZ
c,sc as iley then existed. u,or. in
~ lS.S and received the sanction Of Congress gu te
S i'f ~ hat month, the Territory Of New Mexico ioIlhcu !"
to omar >, or State Of the Mexican Republic, ana was
'fn r.D y Kearny, acting under orders from THIS uoTeln-
mon, invaded this department with an armed iof.e; ~
ernor lied a, his approach, and The troops unua, ~. ,hr cnni-
disnsrs,d. and General kcaIny entered santa +; VI - IN, H.
VI. ~ - ,hs lS,i, of August, lSi6, and took possession ~ % !" :,
~ ,;,ory in the name of the United States. oh 'he -
- norih he issued il proclamation 10 the lnnao.'u..s'
. '.,iro The fact that he had taken possession u oan;' =
s" ,haThc,d If HE troops, and announcing MS ihssi'oH ~ ~
I'll In department with its original bounda!es y"
| .;d,e uf Nh. Del Norlej III uiluIl XII NAM
~ nat proclomatioD lie promised TO protect NV a LIN =
,,n,s of New Mexico In their persons anu llopSii Am rt,t
~ In i;,n enemies, and all Others; and asSh'ea t'e", -
neii r. IN Nv ~ States intended To provide for them u Tree 2oN'in-
,'c,i when the people would be called upon " 49, 100 !, = In
r;nh,ll If cre,Ecn in eiccting their own reiireseN'A.l,I !. ~ -
llSn.s - I cnisI,ture. On the same day he established q
,or-ror;al constitution by an organic law, mnen 90 ,bn
~. executive, legislative, and judicial department. Siio, t g.,
nr,r,men,. dctucd the rigb; " suffrage, ahI FI"'"'I 'n
90. =" 49,, ani n, the same time established a code "i
aiM r. This constitution declared that the conntiJ hereto
iore known as New Mexico siaii Oc HnG"" IL he United
discounted as ii.c .erritory Of New Mexico; ~ NE n.e
Sr,fcsni America - una TIE members d The lower hoasc
nj III. Legislature were appor:icncd among !he usSico
,,nii. rcj h. the decree Of the department %: New hSNiG";
:, &c ~ i?is which counties, II Is understood, ih'iuieo
MI ,h@ ,.IfitD.y OYER which! Texas his lately attempted -
,r,,nise cou;i,ies, and establish ncr own l"l'.a'''ion:
-" \ OF of December, 1916, Il copy OF tlls constitution
.nIs was transmitted rs President Polk to the House oi
Renrcscn,,uyes, in pursuance Of q call on ma W INA. -
dy. In ,hr message transmitting lne CONSTITUTION; ~ 49,
,i.t scor,ions of il rurport 10 establish ana cf'"ni"c d Il,
w. fmt territorial .cyernnien: over the territory ana 20
..,ri :, il. inhabitants political rights winch, under .e
Constitution of It's Un:tel states, tan he enJoy.c., pcinnao
IN anlr M cit,,eGs Of tn Urjicl States. These Ea:c
nc, t;cn anrr1ycd and recognised by nae. saci, qrJSHiHed
rnsul,ti,ns - have been established in any Ct tnt conquer
~ Iorri,orics Tor the security Of cur conquest, Tor th' re
serya;,oA Il nrdsr. Tor the protection OF the Ii5rts u .'
. inhabitants, and inr depr|ing lie enemy oil ne a"'"h'"r
es Of these Territories wniie Tie i"Lit3fY n1sseSS."" ~ ~ ~
them hv the forces d me uhhtu ''"'e9 '''''""> Wv"
\ ~ fonr ye,rs nave now elapsed since the quasi military
government was esGaoiislrd By military authority, ana re-
ceiy,J with tn exceptions mentioned. the anp!ovai ol re
sident Polk. In the mean line, i treaty p peace has o"eh
concluded viii, Mexico, ny whic. n boundary LIe was -
tablsl,cd, ,ha, left tAs Territory within TIE United Sia'eS.
thereby confirming 10 tMe United s'eter. by treaty, wha' We
had before Acquired by conquest. me trraiy III P"fictt ar,
cordl.ca giih the proclamation OF General he'rny, Geoat'a
that tie imcXicans remaining in this Territory sho"ll - IL
corpota;ct in the Unicn Of the United States, ana be ADMIT
ted n; Lie proper lime, Ito D. Judged Ct nv the Congress 81
the United SiaAs) 10 an enjoyment OF az the r5his I. 81,
2cns of the United States, according 10 The principles 81 me
constitution saui in the mem liae should be maintained
and protected in the tree enjoyment Of mar hoeiues ana
property, and secured in the tree exercise oi IEeif rGiislH"
trp;,houf restriction.n Thus II will BE perceived that the al
thoruy of the United States over Ne" MeAico was me re-
suI, Of conquest; and the possession held oil u, IN thc iifs'
Mace wa. CT course q military possession. The treaty al
Pp az, no ,i,lc h. cas,;cr 10 the already existing. tile by sue
cesslul achievements in arms. Win IN" peace, there arose
a natural expectation, that, us early a" possible, 'ieFe N'ui"
| conn, . civil government to SipcrSc'c lie hiiitlry. h"' w
III asm. srch farm of Government should come mic els
encc. il VAS matter 81 absolute nt%t$s'T t""t I've I'M
taTy government should continue, a. otnr:wisf nc c''H'
try must ta! into absolute anarchy. Ana MS i.a b. 'c
m: ,ras n.nn,aliy. in the prsci.ce o. civilized natioas, when
colonies or territories have been acquired ty war, and tle!f
acquisition confirmed by treaty. ux
The military government, therefore. exlstlh. W .se" -
ic, n. The date IL the order, existed there . inevitable nccre-
si,y. Ii ..iste1 "a much against the w!li oil lhe rxeeutiSt
Gu,ofnmen; ot .he United states, - against ne VIII u .e
people. The late President ia! ajnpted the "plni'n' NM y
vas ln,tias!c III Inc people oi the i af!-'ct; 9hA'r' "r r'-
cuustapc.a. IL i,,rm a constitution OF government. "lthoai
any previous authority conferred hy ConS!ess, ana tl'tc-
anon /. alply lnl admission into Tie Union. IL Wa uhaeF
his ,ra,c OF Things, aud under the influence "i these oiHt
ions tlat thc order Of the l9th November, last was gwen,
/ AMI as trut.t III II. UlIHlL WI nav SILL 80
name IT tSaw Iiraxte5e adh6f g4J na ttefrY;iofHa eaGfph ~ uahS
it referred 10 Il known territory, 9hicl. H.. been organized
under military authority, approved by The Executive. ana
LETT without rrmonstrlncc or alteration by Congress for
more than three years. 1t appears TO the President, thai
such an order could not have been intended to invade t'"'
rightG of Texas.
Munroe meets with tie approval Of the President OF the
u. States.
To determine this question, it is necessary II look ii the
object Of The proclamation, and the effect of the proceedings
had under il. Ii the object was To assume the authority IL
settle the disputed boundary with Texas, then the Presidon;
has no hesitation in saying such object does not meet Ms
aDproiltion. berausc he Gocs not believe that The Executive
branch of this Government or The inhabitants o. New Mexi-
"a, or both combined, have any constitutional authority, 10
settle tina, question. That belongs either IL the Judicial de-
partmcnt OF the Federal Government or IL the concurrent
action by agreement Of the legislative dt 9artmcnts e! the
Governments Of the L. States and Texas. But II has deem
sufficiently shown that Col. Munruc could have had no such
object, and that his intention vas merely 10 a.; IN aid -; the
people in forming a State constitution 10 be Submitted 1"
Congress. Assuming then thnt sIch a constitution has been
formed, what il It's effect upon the disputed boundary! III u
comp-omits the rights of either patty 10 that question, then
il does not meet the Presidents appreciation, for he deems Y
his duty 10 Leave the settlement al that question 10 TIC tri-
banal 10 which il constitutonally belongs. Ii is sufficient
for Elm that this boundary is in dispute. lhat The territory
c.st of the Rio del N1rtc seems 10 10 clalaled in good lai;h.
both by Texas and New Mexico, or rather by The Cnl'ei
States. Whatever might BE- his judgment in regard 10 their
respective rights, nc has no power to decide upon thcn:, 81
even to negotiate in regard 10 them; and therefore II would
be improper for bin 10 express amy opinion. The subject
matter of disputes between the L. States and Texas, and
not between the inhabitants Of New Mexico and Texas. Ii
those people should voluntarily consent 70 come under
tho jurisdiction oil Texas, such consent would &c. bind the
United States, or take away their tile 70 The Territory
So, on the other hand, ii they should voluntarily claim the
, il!e for he United States, il would not deprive Texas of her
right, wta;cycr those rights might be. They can only be
affected by her own acts. or q Judicial decision. The State
constitution formed o. New Mexico can have no legai. validi-
ty until i; is recognized and adopted by the law-m.king
power OF the United States. Until that ia done il has IL
sanction, and can have no effect upon the rights of Texas, or
Of the uritcd States, to the territory in dispute. And il Is
not Ia be presumed that Congress will ever give its sanction
10 That constitution without first providing FOR the sctilt-
mann # fhic tnrnl lny Indeed n t.SprnTDenf either lp--l
rlior.al or State, can be- formed Tor New Mexico without pro-
yidirg ior scthin. This boundary. Hence h. regards the for
nation ri tins STATE constitution as Il mere nuii,ty. II may
be regarded, indeed, ~ Il petition 10 Congress 70 Re admitted
"a Il S;arc; tur, ultl Congress shall giant The PRAYER OF such
petition IS legal e~nar!mcn,s, il affects the rights OF neither
party. iu, Us it il the right Of all 10 petition Congress ior
my law which il may cons'itulionaly pass. this people were
in the exercise Of a common right when they formed then
constitution, with q view Of applying to Congress for ad-
mission as = STATE; and rs he thinks the act can prejudice
M one, he feels bonrd - approve .! the conduct Of Colonel
Mumroc, in issuing the proclamation.
| am directed .!so ~ state, that in the Presidents OPT
Mon il would not bc jug; 40 suppose Thar the late President
desired 10 manifest any anireuily l.titudc Or asnect towards
Te1es OF the claims Of fexas. The pcuriary between
Texas and New Mexico was known 10 he !sputti; and j;
was equally well Known thlt ne Executive Government al
the United States had no power. TO settle that dispute. 1t is
l. .l,,,.Yl tlat .ha L. ,tft,n a..r4t "l 400 ,ntInI . .r i