Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-07


one left to on the termination Of the
President Polk in bis message of December ls4s holds
this emphatic language in speaking of New Mexico and Cali
forna
Since that time sth May the limited power possessed
the Executive has been exercised and protect
them from the inevitable consequences OF Of anarchy
Government that remained wasthat established
military authority during the Regarding this to be de
acto government, and that By The presumed Of the
pissd conform and submit 10 for short intervening period
subject"
And again. in his previous message Of 9Th Of July Pesi
dent Polk declares that s
aThe with Mexico having terminated the power
Executive to establish continue the temporary
governments these territories which existed under the
laws OF nations whilst they regarded conquered pro-
vinces in our military occupaton has ceased"
Secretary Crawford, in his late report November 3Oh
lS4S,) advances a similar view:
The peculiar condition Of the Territories OF California and
New Mexico respect their internal government the
absence Of clearly defined authority by Congress
object has imposed delicate and difficult duties the army
One of its assigned duties is aid civil missionaries when
required in the preservation Of public tanouy But
believed that the civil authority far its origin
political power in great measure disappeared by the
fer Of the sovereignty and jurisdiction from Mexico the
United States The military regulations established for the
government during the superseded by the
peace"
refer you also the instructions given 10 Lieutenant
Colonel Mccall Not having these instructions can only
refer you them.
Aofheseopnions opinions ating from distinguished
Saesmenare ENDORSED OF
There is hardly any question Of State rights better SET
tied than that the people have inaenab right peaceaby
to assemble to take steps reoganze remodel their gov
ernmen and to establish such laws by them deemed
most Just and salutary.
These showlst. That the Government hitherto
existing in New Mexico simply of consents consent
presumed and the people advised submit temporarily
it. 3D. They show that the President dscams any power
to establish or continue temporary civil government 3d.
That the military regulations established for government
superseded By the return Of peace If the positions above
stated ueand not that statesmen differ about
hem has always been competent people to take the
step they have recently aken and that the commander the
ninth military department has exercised the functions Of
civil governor thus arises solely from the consent people,
This consent is withdrawn. The people have amcaby
through the Recommendation Of yourself proceeded the full
organization 81 civil poity Until the national Congress
shall undo it refuse sanction it, by the law of nations
and the rights of States it will remain only legitimate
government Had the President power make govern
men long ago he would have ordered This power
served TO Congress- and until acts the people must adopt
such government as to them may best The people
Of California have pursued similar The govern
ment went into immediate operation the officer commanding
troops the United States retired from the discharge Of
his civil functions, and his conduct and the Of the
have met with general appreciation in the United States
If State Government is likely be beneficial the peo-
OF New Mexico why should they be delayed 10 its enjoy
ment Are they less able sustain than they would
be in SIX months year And what right has the military
commandan Of the ninth military department. when the Pre-
sdent himself has such power to say that such govern
understand the second proclamation issued by you it
contempates the organization Of the Government may
be necessary elect United States Senator'S That h con-
templates that least the Executive and Legislature should
qualify and proceed to this election. The Governor and
Legislature, by the very law that constituted hemhe popu
aI vocewere before entering upon the discharge Of their
duties, required to take oath to support the constitution Of
New Mexico Before election could take place. was
necessary to pass law the subject and provide mode
Of authenicatng the credentials Of the Senator'S This the
proclamation did not contemplate Yet necessary and
the signature Of the Vice GOVERNOR acting in the absence Of
the Governor elect became necessary perfect the law The
signature of the commanding officer of the ninth military de-
pament to the credentials Of the Senators would say the
least OF it. have been novel, and exposed them to the
menay Of asking for seats with unusual and unconstu
tional evidence Of an election. Why the formation of
constitution and the election Of Executive and Legislature
necessary choose United States Senators Simply because
by the constitution Of the United States such officers be
chosen by the Legislatures Of the States and they
say TO authenticate the credentials If then, compe-
tent for the Legislature to make law competent
for them to make two, many they may deem proper
Was the Vice Governor officer constituted with full power
yesterday perfect the law regulate the election United
States Senator'S and he less officer to-day, or is his
signature to another law adopted by the Legislature less
void He cannot be an officer with full authority day,
the next without any authority, and the third restored
again with his official dignity and power And he has been
Governor for hour, he till his term expires and be-
ing there other for the coexsence of two Govern
coequa in the State, is impossible and contrary all
law and experience.
have failed discover the extracts you were pleased
to send any principle contradictory Of the positions here
laid down. The propositions stated generally, and
the laws commonly received The questions discussed
not the that at this moment vitality affect New Mexico
It is certainly true that long constituted
State the Congress has power make all needul rules and
regulations respecting But Territory until
these need rules made Congress has done nothing
has not declared Territory extended Us the laws
of the United States The doctrines asserted (though nar
fcially stately in the extract sufficiently true and as
general propositions will be discussed yet applied 10
our present attitude they lose all applicability
have deemed 1t proper to say this much in reply to your
communication the lIh instant; and while assert an
earnest desire to the early prosperity Of my adopted coun
MANUEL ALVAREZ.
Col JoHS MuSRoE,
Commanding 9th lMktary Department.
SANTA FE, JuLr Is, 1850
SIR Your communication Of to-day anticipated my reply
to your note Of date of July II, $780, regret find that
you have deemed necessary to ntepose your authority and
the forces at your disposal debar the people from peace
u and full enjoyment Of the government they have lately
adopted for themselves and the formation Of which you
lent the sanction Of your name and position.
We now occupy the position of two Governments, each
the issue the people, and volunteer yourself your mill
tary power, in opposition the will Of admitted majority,
the civil power recognised by the people, the only and the
true government, will be respected by them, and will pro-
coed peacefully and with zeal promote the
welfare perfect and make effective the State orga-
nizaton.
We believe ourselves in the right, and that the course
which duty makes imperative upon sustain the
organization should be steadasy pursued to the end We