The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-08-07

transactions, we must recall to our recollection
the circumstances of the case as they then ex,
| listed
| Previous to the war with Mexico, which com.
menced in May, 1886, and received the sanction
of Congress on the 18th of that month, the
Territory of New Mexico formed department
or State of the Mexican Republic, and was gov
erned by her laws. ~
General Kearney acting under orders from
this Government, invaded this department with
an armed force; the governor fled at his APP
proach and the troops under his command dis
persed, and General Kearrey entered Santa Fe,
the capital, on tn 18th of August, 1916, and
took possession of the territory in the name OF
the United States. On the 22d of that month,
he issued a proclamation to the inhabitants,
stating the fact that he had taken possession Of
Santa Fe, at the head of his troops, and an
nouncing ''his intention to hold the department
with its original boundaries, Con both sides of
the Del Norte) and under the name Of New
Mexico"
BY that proclamation he promised to protect
the inhabitants of New Mexico, in their persons
and property, against their Indian enemies and
all others; and assured them that the United
States intended to provide for them n free gov
eminent, when the people would be called upon
to exercise the rights of freemen in electing
their own representatives to the territorial Lee
gislature. On the same day he established a
territorial Constitution by an organic law, which
provided for executive, Legislative, and judicial
departments of the government; defined the
right Of suffrage, and provided for trial by jury,
and at the same time established a code Of laws.
This Constitution declared that "the country
hesetofore known MS New Mexico, shall be
known hereafter and designated ms the territory
of New Mexico in the United States of Amer
ica," and the members of the lower house of
the Legislature were apportoned among the
counties established by the decree of the de-
partment of New Mexico, of June IL, 1874,
which counties, it is understood, included all the
territory over which Texas has lately attempted
to organize counties and establish her own jul
risdicton. @
On the 22d of December, 1916, a copy of
this constitution and code was transmitted by
President Polk to the House of Representatives,
in pursuance of a call on him by that body
In the message transmitting the constitution,
he says, that "portions of it purport to estab-
lish and organize permanent territorial gov
eminent over the territory, and to impart to its
inhabitants political rights which under the
Constitution of the United States can be en-
joyed, permanently, only by citizens of the
United States These have not oeen approved
and recognized by me. Such organized regu-
lations us have been established 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 dcpriving the enemy of the advantages of
these territories while the military possession
of them by the forces Of the United States
continue, ,ciH be recognized and approred."
| Near four years have now elapsed slice the
quasi military government was established by
military authority, and received, with the excep-
tons mentioned, the approval of President Polk.
In the meantime, treaty of peace has been
concluded with Mexico, by which boundary
line was established, that left this territory
within the United States, thereby confirming to
| the United States, by treaty, what we had be-
| fore acquired by conquest. The treaty, in per-
| feet accordance with the proclamation of Gen.
eral Kearney, declared that the Mexicans remain
| ing in this territory should be Incorporated into
the Union of the United States, and be admitted
at the proper time, Ito be Judged of by the Con-
gress Of the United States,) to an enjoyment Of
all the rights of citizens of the United States,
according to the principles of the Constitution
| /" And 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; and the possession held of
it, in the first place, was of course military
possession. The treaty added the title by
cesson to the already existing title by sue
cessful achievements in arms. With the peace,
there arose a natural expectation, that, as early
as possible, there would come civil govern
ment to supcrsede the military. But until some
such form of government should come into
existence, it was n matter Of absolute necessity
that the military government should continue
as otherwise the country must fall into absolute
anarchy. And this has been the course gener-
ally, i'm the practice of civilized nations, when
colonies or territories have been acquired by
war, and their acquisition 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 Executivy Government
of the United States, as against the will of the
people The late President had adopted the opin-
ion, that it was justifabe in the people Of the
territory, under the circumstance, to form con-
stitution of government, 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 nfu-
eDce of these opinions, that the order of the
| 10Th November last was given, and executed in
the manner we have seen. The order indicates
no boundary, and defines no territory, except by
| the name of New Mexico; and so far as that in
dicates anything, it referred to known territory
which had been organized under military au
thority, approved by the Executive, and eftwith
out remonstrance or alteration by Congress fol-
more than three years. 1t appears to the Pres
ident, that such an order could not have been in.
tended to invade. the rights Of Texas.
Secondly you ask whether the proclamation
Of Col Munroe meets with the approval of the
President Of the United States!
To determise this question, it is necessary to
look at the object of the proclamation, and the
effect Of the proceedings had under it. If the
object was to assume the authority to settle the
disputed boundary with Texas, then the. Pres.
ident 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 Inhabitants of New Mexico
| or both combined, have any constitutional au.