The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-07
|IN CONGRESS OF THE U. STATES.
EXERCISE on MILITARY AND CIVIL AUTHORITY


sEEArE.
ExERcIsE OF MILITARY AND CIVIL AUTHoRrTY
The Senate having uader consideration the following
resolution. submitted BY Mr.. CAss on the 27h OF june
Rssopsd That the Committee on Military Affairs be i'm
suced 70 inquire into the expediency OF prohibiting by
any s limits q y s s s. sy z,
authority not conferred BY act OF Congress- and Of pro-
vlding an adequate punishment tor such offence
Mr. DAVIS Of Mississippi, said Mr.. President, in.
dicaed on former occasion that should have some
thing to say this resolution when il should come up
for consideration This resolution. which was offered By
nit as s he o y q
the expedency OF prohibiting BY law any officer OF the
army from assuming or exercising within the limits OF
Of Congress- and providing adequate punishment, for such
offences do not propose to 20 into the merits of this
resolution yet would wish call the attention OF the
Directing the inquiry to that which he wishes % reach
As stands. sir, connected with the history OF events
which have recently transped, should be at loss
gress o the United Saiss. from whose delay the neces
sy has arisen the Executive of the United States
either the last or the present administration the ot.
oil the army Most probaby, sir, the latter and if
the latter, then the censnre is imposed on that to which
least justly attaches II is fact well known 10 the
whole country that during the war with Mexico held
possession OF the district oil Santa Fe and the whole Ter
rtory OF California by the power OF the military forces
alone, To what then, to refer for the preser-
vaton Of orderl Not to the courts which had just been
the Of California to he Legislation OF Congress- for
they had power 10 egsate for IL but necessarily TO
the military authority which held by conquest and
der orders OF the Executive OF the United States.
The resolution as stands directs the inquiry
thing, still more remoteo that great necessity which
sometimes occurs and drives an officer to declare martial
lawthat resort oil Gen. when called TO the deence
OF New Orleans, and without using which the city would
have fallen, probably into The hands Of the enemy. The
senator from New Hampshire has proposed an amend
men which will render the inquiry more specific. If it be
adopted by the Senate which points the committee to an
inquiry into the order given BY the last and the present
administration TO any officer Of the United States confer
ring authority 10 be exercised without the limits of the
several States OF the Unon and report by whom and
TO whom, and by what laws such orders were given
depend upon the usages Of waupon the law OF nations
They not derived from the constitution OF the United
States and could not be provided for by the legislation of
Congress- II the committee be directed 10 the inquiry
expressed in the original resolution its terms are either
too broad or too narrow. Il either restricts the Military
Committee from inquiring into those points which may
require legislation, and which connected with the
subject under consideration, else il opens an ndeer-
mnae field without authority recommend to Congress
any provisions for like Shouid like cases occur
which would be 10 forbid the exercise heretofore of
discretionary power without substituting any other
This is one OF the contingencies OF II necessari-
y results from war that commanders sometimes perform
functions not ordinarily intrusted TO military officers
i one Of The extreme necessities for which each case
has itself provided As the law stands each officer
assumes il under the high responsibility he fses
to his country that necessity existed which justified the
assumption do not pretend to say that all which has
been done deserves to be approved Indeed, other
casions have said believe, that authority had been
assumed BY officers exercising commands in the territory
Of the United Staies not compatible with the duties of
their profession. not required by necessity and in viola
ton Of the rights OF citizens OF the United States. hold
that the duty OF the army when this territory
into possession under the orders o the Executive to
hold it for the United States ill Congress should provide
for for and such were as @ aS a and s, acts both q
have absolutely declined to give any decision upon the
question Of boundary considering II asa subject over
which the legislation OF the country could alone exercise
tans my position upon the whole subject There is
district upon the Rio Grande which lies below the old
q ne ssw !: u
Jacnto, which u acquired by the treaty OF Guada-
lupe Hdalgo. in anomalous twas possessed
partly by own emlgrants and partly by Mexicans
and was without law from the date Of the treaty OF peace
and limits with the republic Of Mexico. The command
ing officer OF the division stationed at Santa Fe directed
the ocer who held subordinate command this dis
tric and whose headquarters were opposite TO Ell Paso
TO apply what is called the Kearny CODE the government
provided for New Mexico These orders were referred
10 the Executive through the War Department, and L
have before me the answer
war DEPARTMENT..
Adjutant Generals Office, March 8, 1850.
directed by the Secretary Of War state, reply
Of December g. Isis, manesdy assuming to decide the
question Of fertorai Jurisdiction q Texas over toe places
laws which bad not been sccepied by the people even
whilst under military au hoIi,y y ls deemed ssay dis
the department has oen stated thar the Executive has
power adjust and settle the question Of territorial limits
involved in this case Other coordinate departments
alone competent TO make the decision. Thr main duties
Of the amy give protection and security the soil
OF the Uned States, and preserve internal peace. What
else done arise from the urgent pressure 0f
ercse OF any authority which justified by this,
necessity In sending to these people the "kearny code
other Codes IL 10 proper to remark that tho only rcgua
tons which applicable 10 their condition are those laws
which In force the period OF the conquest Of New
Mexico OF Texas may establish The Only exception is,
that they be not In opposou TO the constitution and laws
Of the United States
This is in keeping with the messages OF the President
three OF which now lie before me- and in each one oil
which he declares il IL not for the Executive determine
the boundaries OF The Territories, and that the boundary
OF Texas must be determined by the legislative branch
alone. So far any officer OF the army has exercised
authority TO determine this question, Il therefore appears
that he is responsible for ii.
will not weary the Senate by reading more that
find quite necessary and will generally but refer q
authorities unless their leading be called for Either 10
the case of Santa Fe, California and the Lower Rio
pied during the war, there was no civil court The
courts OF the enemy could not be permitted TO exercise
Jurisdiction in the county, and Congress had provided BY
legislation for no courts under the authority Of the Un
ted States Offences were constantly committed in and
abou, the army, OF which military courts could not TAX,
cognizance. This difficulty was early pointed out The
Secretary Of War 1885, In bis report accompanying III,
Presidents message OF that year, called the attention
Congress TO H. This necessity increased with the ncreas
OF the territory OF which held possession, and mail,
became the subject OF correspondence BY en Scott wht
prepared profit for the purpose OF establishing com
mission under military authority to take jarsdicuon
those offences o which courts martial could not take cogn
pointed out this difficulty, and the embarrassment result
from IL but ney med IN DrOyldp remedy