The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-07


high respect which the Executive Government of
the United States always entertains towards the
Governors and theRovernments Of the States, the
President thinks il his duty nevertheless to mani
fest that feeling OF respect by acknowledging and
answering your letter. And this duty, let me as
your excellency, has been long delayed.
only by uncomfortable circumstances, and ID now
performed at the earliest practicable moment, af-
ter the appointment OF those heads of departments,
and their acceptance Of office, with whom it il
usual, on important occasions, for the President of
the United States 10 advise.
In answer, therefore, to your first nterrogatory,
viz whether Colonel Munroc, in issuing the pro-
ciamation referred TO, acted under the orders OF
this Government, the President directs me to state
that Colonel Munroe's proclamation appears to
nave been Issued III pursuance or III consequence
oil ,n order or letter vi INSTRUCTIONS given by inc
late Secretary of War, under the authority OF the
late President, to Lieutenant Colonel McCall. VI
this order, which bears date on the lJlh OF mo-
venber 1919, your excellency undoubtedly
informed al the date of your letter. full and
accurate copy, however, 10 attached to this COM
Inunication Colonel Mccall is therein instruct
ed that II the people OF New Mexico, for whom
Congress had provided government, should
manifest a wish to take any steps TO establish a
government for themselves, and apply for adIns-
sion into the Union ii will be his duty and the duty
OF others with whom he is associated, not TO thwart
but to advance their wishes This order does not
appear TO authorize any exerton OF military
authority, or of any official or even personal IN
reference TO CONTROL or affect in any way the prl-
mary action of the people, in the formation OF a
government, nor to permit any such interference
by subordinate officers. Colonel Mccall and his
associates were not called upon to take lead in
any measures, or even to recommend any thing
hit to be adopted by the people Their whole
duty was confined to what they might be able to
perform, subordinate to the wishes OF the people.
la this matter it was evidently contemplated that
they to act the agents of the inhabitants,
and not officers of this Government. 1t must
be recoected that the only government then cx-
listing in the Territory wna quasi military gov
md Cnn hal MAJ nor
for the establishment Of any form OF civil govern
nent, and the President doubtless believed that,
under these circumstances, the people had right
to frame government for themselves, and submit
it to Congress for its approval, the order was
direction that the then existing military govern
ment should not stand in the way OF the accom-
plishment of the wishes of the people, nor thwart
those wishes if the people entertained them, for
the establishment of Il free, popular, republican,
civil government, for their own protection and ben
eft This is evidently the whole purpose and OBJ
ject OF the order. The military officer in command,
and his associates, were American citizens, ac-
quainted with the forms OF civil and popular pro-
ceedings, and it was expected that they would aid
the inhabitants of the Territory, by their advice
and assistance, in their proceedings for cstab-
fishing government of their own There is no
reason to suppose that Colonel Munroe, an officer
as much distinguished for prudence and discretion
rs for gallant conduct in arms, meant 10 act, or
did otherwise than in entire subordinatlon and
subserviency to the will of the people among whom
he was placed. He was not authorized to do, nor
does the President understand him as intending to
do any thing wha in his military character nor
to represent in any way the wishes OF the Execu-
tive Government of the United States.
To judge intelligently and fairly of these trans
actions, must recall to our recollection the cir
cumstances of the case they then existed.
Previous to the war with Mexico, which com
menced in May 1916, 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 governed by her
laws.
General Kearny, acting under orders from this
Government, invaded this department with an
armed force; the Governor fled at his approach
and the troops under his command dispersed, and
General kearny entered Santa Fc, the capital on
the 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 proclamation to
the inhabitants, stating the fact that he bad taken
possession OF Santa Fe, at the head of his troops
and announcing "his intention to hold the depart
ment with its original boundaries (on both sides
of the Del Norte) and under the name OF New
Mexico"
By that proclamation be 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 in
tended to provide for them free government, when
the people would be called upon to exercise the
rights OF freemen in electing their own representa-
tives to the territorial Legislature. On the same
day he established territorial constitution by an
organic law, which provided for executive, lcgis-
atve, and Judicial departments of the government;
dcnncd the right OF suffrage, provided
by jury, and at the same time established code OF
laws This constitution declared that "thc country
heretofore known New Mexico shall be known
hereafter aud designated the territory of New
Mexico, in the United States of Americas" and
the members of the lower house Of the Legislature
apportioned among the counties established
by the decree of the department of New Mexico, OF
June H. 1874, which counties, IL is understood, in
cluded all the territory over which Texas has lately
attempted to organize counties, and establish her
own jurisdiction.
On the 22d of December, 1916. a copy Of this con
stitution and code was transmitted by President
Polk to the House OF Representatives, in pursuance
Of call on him by that body. In the message
transmitting the constitution, he says, that 'por-
tons OF II purport TO establish and organize per-
mdnent territorial government over the territory,
and 10 impart TO It's inhabitants political rights
which, under the Constitution of the United States,
. can be enjoyed, permanently, only by citizens OF
the United States. These have not been approved
and recognised by me. Such organized regula-
'-tions have been established in any of the con-
'quered Territories for the security Of conquest
for the preservation Of order, for the protection OF
the rights of the inhabitants, and for depriving
the enemy OF the advantages Of these Territories
while the military possession OF them by the forces
OF the United States continue, tciH be recognised
and approved"
Near four years have now elapsed since the
quasi military government established by mil
itsry authority, and received, with the exceptions
mentioned, the approval OF President Polk. In
the mean time, treaty Of peace has been concluded
tablished, that left this Territory within the United
States, thereby confirming TO the United States, by
treaty, what VIC had before acquiscd by conquest
The treaty, in perfect accordance with the proc
lamation of General Kearny, declared that the
Mexicans remaining in this Territory should be in
corporated into the Union OF the United States
and be admitted at the proper time, Ito be judge
of by the Congress Of the United Statos,) TO en-
joyment Of all the rights Of citizens Of the United
States, according TO the principles Of the Constu
ton " and in the mean time should be maintained
and protected in the free enjoyment of their lib
'erty and property, and secured in the free excr
else of their religion without restriction" Thus i
will be perceived that the authority Of the United
States over New Mexico was tho result Of con
quest; and the possession held OF it, in the frs
place, was Of course military possession. Th'
treaty added the title by cesson to the already ex
isting title by successful achievements in arms
With the peace, there arose IA natural expectation
that, as early possible, there would come a civi
government 10 supcrsede the military. But unit
some such form of government should come int,
existence, IL was matter Of absolute necessity tina
the military government should continue, as 9th
erwise the country must fall into absolute anarchy
And this has been the generally, in the prac
tce of civilized nations, when colonies or terrific
ries have been acquired by war, and their acquisi
ton confirmed by treaty.
The military government therefore, existing in