The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-06-27


and stability Of the Union, urges most powerfully
its immediate reference to them. Let the people of
New Mexico decide the question to suit themselves
and whatever their decision may be. the people of
the United States will acquiesce. If they adopt
constitution prohibiting slavery, what right will
the southern States have to complain? Ii they adopt
a constitution which establishes slavery, what right
will the northern States have to complain? The
North and the South will recognise the right Of
New Mexico TO decide conformably TO her own
convictions; and whether that decision shall accord
with the preference of the the other section
they will acquiesce; and their patriotism will sig
nally rebuke any attempt by those who hostile
10 the Union and seek its destruction, TO make the
decision OF New Mexico, on this subject, conducive
to the accomplishment Of their tratorous purposes
Ii Is feature in the plan of adjustment recon-
mended by the President which more than any
thing else comnends it to my support, that it set
ties, by the only mode practicable, finally and for
ever, this unhappy controversy between the North
and the South, and puts an end to sectional agita
ton on that subject.
Having expressed my approval of the policy re-
commended by the President, feel myself called
upon to answer another objection urged against it,
which is, that by its adoption the United States
would fail to redeem the obligations incurred by
the treaty OF Guadalupe Hidalgo. The ninth sec
ton of that treaty provides that
"Mexicans who, in the Territories aforesaid,
shall not preserve the character of citizens of the
Mexican republic, conformably with what is stipu-
lated in the preceding article, SHALL BE INcoaPo-
RATED INTO THE UNION OF THE UNITED STATES,
and be admitted al The proper time Ito be judged Of
by the Congress of the United States) 10 the enjoy
nent Of all the rights Of citizens Of the United STATES,
according TO the principles Of the Consultation, and in
the mean time shall be maintained and protected
in the free enjoyment of their liberty and property,
and secured in the free exercise Of their religion,
without restriction.
cy recommended by the President to admit Califor-
MIA State Immediately, and New Mexico at an
early day, more fully and completely redeems our
treaty obligations with respect to those Territories,
M bal hpan ataI Rn Ia
conicnded that this policy leaves the people of those
Territories, during the time preceding their admis
sion into the Union States, subject to the yran
ny OF military government; and that ii is, there
fore, repugnant to American ideas Of liberty.
Surely those who urge this objection have not read
the official documents which have been commun
Gated 10 Congress, and laid upon our tables. 1t
was the boast Of MIR. Folks administration that it
had while the war with Mexico yet raging,
waived the rights of conquest, defined by the law
OF nations, and generously given to California and
New Mexico civil governments, instead of subject
ing them 10 the rigors of military law.
Nothing like military government exists in either
of those Territories. The military arm of the Uni
ted States is there to protect not to rule The Sec
rotary OF War, in his annual report, referrn to the
delicate duties imposed upon the army by the pc
cuhar state OF things existing in California and
New Mexico, says zone of its assigned duties is TO
aid civil fnnctionaries, when required, in the pres
ervation OF public tranquility and, in a comInu-
nication addressed to General Reilly, acting civil
governor OF California, dated June 20, 1919, he
says
at is equally true that all laws existing and OF
force in California at the period of the conquest
still operative with the limitation that they not
repugnant to the Constitution and laws of the Uni
ted States. In my opinion these constitute the
whole code of laws now OF force in California. |
should add, that this opinion does not infringe
the night OF communities to make necessary regu-
lations for the police and security of persons and
property. Such regulations must necessarily be
temporary, as they are presumed TO be voluntary,
designed md
which the sovereign power will take the earliest
casion To remove"
General Reilly, writing to the Secretary of War,
under date OF August 30th, 1919, says:
"Before leaving Monterey, heard numerous ru
mors ofirregularities and crimes among those work
ing in the pidcers; but, on visiting the mining
sions, was agrecaby surprised to learn that every
thing was quite the reverse from what had been
represented, and that order and regularity
preserved throughout almost the entire extent of
the mineral districts. In each little settlement
tented town, the miners have elected their local al
cades and consables, whose judicial decisions and
Official acts are sustained by the people. and en-
forced with much regularity and energy"
Colonel Washington, as acting governor OF New
Mexico, writes TO Mr.. Marcy, Secretary of War,
under date Of November s, lS4s, as follows:
1.-The system OF government now in force in New
Mexico is that which established in 1876, and
embraces what ID commonly termed Kearny's
code, 10 tohtci ls people, through their representatives
lately assembled IN conueon, haze happily oppressed
their assent, as ioA be by their memorial 10 Con-
gress, and Is considered adequate 10 the tcanfs Of the
country upth another be provided"
These extracts, from official documents, conclu-
sivcly show that our Mexican Territories are not
subject 70 military government in the obnoxious
sense oil that term Prc-cxisting laws have not
been superseded 10y martial law; judicial tribunals
have not been superseded by courts martial General
RELY describes leach little settlement or tented
town" a miniature democracy, making laws
adapted to It's condition, and administering them
by agents chosen by the peoples thus giving pro.
lection and security To "liie, liberty, and happi-
ness" aud gloriOusly illustrating the capacity Of
man to enjoy and exercise the great right OF self
government Although it is true that the duties Of
civil governor Of New Mexico have been devolyed
upon military officer, il does not follow, as a con
sequence, that the people of that Territory are sub
jet to military government IL would be quite as
logical to conclude that the people Of the United
States are subject 10 a military government, be-
cause the Chief Magistrate Of the Republic il also
commander. in chief OF its army and navy.
Mr.. Chairman, let California be admitted into
the Union, and the cause which distracts the ma
tonal councils will be vastly diminished in magni-
tude, and the public mind will tranquilizc in a cor
responding degree; and thercupon state Of scnti-
ment and opinion in the country will ensue. which
will enable Congress 10 adopt such measures. with
respect To the residue OF the territory acquired from
Mexico as may be necessary and proper, without
the apprehension Of dangerous e1citemcnts and
conyulsons IN the Union But though believe
the Legislation recommended by the President 10
be the safest and wiscs for the country, all things
considered, yet Il Is not my purpose obstinatey 10
withhold my support from any other plan Of adj
justmcnt which, ropudiadng the wilInot provso,
offensive TO the people represent, can command
such confidence and support from the representa-
tivcs Of northern and southern sentiment and opin
ion, to inspire reasonable confidence ia lie
pacity 10 put end 10 sectional agitation and re-
store harmony and fratcrnal feeling 10 the States Of
this Union.
MIR. Chairman, when the combination Of causes
which have prevented the recommendation Of the
President from receiving fair and just consdera-
ton in the two Houses Of Congress shall be fully
comprehendcd. the mists which now dim the public
vision will disspate, and IL will be and admit
ted that Il IL recommendation founded In wise APP
probation Of the difficulties that surround tho sub.
ject-a recommendation worthy OF ono whose deeds,
under the flag Of his country have carried It's mil
itary glory ~ the srthcst confines Of civilization
and whose patriotism, bounded BY sectional lines
is co-e1tcnsvc with the limits Of that great Re
public, which, justly approaching his merit, has
made him it Chief Magistrate. And notwithstand.
ing the extraordinary efforts that have been and
may be made 10 force the adoption Of some plan of
adjustment differing from that recommended by
the President, yet Il Is by no means certain that
these efforts may not be defeated by the same
causes that have hitherto proved fatal 10 Legislation
this subject Aside from the fact, admitted by
all, that large majority Of Congress iii favor
Of admitting California a State into the Union,
nothing is settled, nothing is known, nothing can