Washington telegraph., 1850-09-04


and organize a permanent territorial gov.
ernment over the territory, and to impart
to its inhabitants political rights which
under the constitution of the United
States can be enjoyed, permanently, on-
ly by citizens of the United States
These have not been approved and re.
cognized by me. Such organized regu.
lations as have been established in any
of the conquered territories for the secu.
rity of our conquest. for The preservation
of order, for the protection Of the rights
of the inhabitants and for depfiving the
enemy of the advantages of these terri
tories while the military possession O
them by the forces of the United States
continue, a0iW be recognized .a1gd ap
proued.''
Near four years have now elapsed
since the quasi military government was
established by saiiltary authority, and re-
ceved, with the except )ns mentioned
the approval of President Polk. La .he
meantime, a treaty of peace has been
concluded with Mexico, by which a
boundary line was established that left
this territory within the United States
thereby confirming to the United States
by treaty, what we had before acquired
by conquest. The treaty, in perfect, ac-
cordance with the proclamation of Gen.
Kearney declared that The MeXicans re-
naming in this territory should be incor-
porated into the Union of the United
States, and be admitted at the proper
time, 20 be judged by the Congress of
the United States,) to an enjoyment of
all the rights of citizens of the United
States, according to The principles of the
Constitution: 'sAnd in the meantime
should be maintained and protected in
the free enjoyment of their liberty and
property, and secured in the free exercise
of their religion without restriction" thus
it will be perceived that the authority of
the United States over New Mexico,
was the result of conquest; aud the pos
session held Of it, in the first place, was
otcourse a military possession.
The treaty added the title by cession
TO the already existing title by successful
achievements in arms. With the peace,
there arose a natural expectation that, as
early as possible, there would come civ
il government to supersede the military.
But until some such form of government
should come into existence, 1t was mat
ter Of absolute necessity that the militia
ry government should continue, as other
wise the country must fall into absolute
anarchy. And this has been the course
generally, IN the practice of civilized ma
tions, when colonies or territories have
iSi-
ton confirmed by treaty.
Tie military government, therefore,
existing in New Mexico at the date of
the order, existed there Of inevitable
necessity. 1t existed as much agains. the
will of the Executive Government of the
United States, as against the will Of the
people. The late President had adopted
the opinion, that it was justifiable III the
people of the territory, under the circum-
stances, to form constitution OF govern
ment, without any previous authority
conferred by Congress, and thereupon to
apply for admission into the Union. 1t
was under this state of things, and under
the influence Of these opinions, that the
order of the 10Th, November last was
given, and executed i'll the manner we
have seen. The order indicates no boun-
Diary, ard defines no territory, except by
the name of New Mexico, and SO far as
that indicated any thing, 1t referred to a
known territory, which had been organlz-
ed under military authority, approved by
the Executive, aud left without remon-
STRANGE or alteration by Congress for
more than three years. 1t appears to
the President, that such an order could
not have been intended to invade the
rights of Texas.
Secondly, you ask whether the pro-
clamation of Colonel Monroe meets with
the approval of the President Of the U.
Statesi
To determine this question, it is neces-
sary to look at the object of the proclaim
alton, and the effect of the proceedings
had under it, If the object was to as
sumo the authority TO settle the disputed
boundary with Texas, then the President
has no hesitation in saying, such object
does not meet his appreciation. because
he does not believe that the Executive
branch of this Government, Or the lnhab-
itants of New Mexico or both combined,
have any constitutional authority 20 settle
that question, That belongs either to
the judicial department of the Federal
Government or to the concurrent action
by agreement of the legislative depart
ments of the Governments of the United
States and Texas. But it has been snf-
ficiently shown that Col. Monroe could
have had no such object, and that his in
tention was merely TO act in aid Of the
people in forming a State constitution,
to be submitted to Congress.
Assuming, then, that such a constitu-
ton has been formed, what is its effect
upon the disputed boundary? If it COM
promises the rights of either party to that