The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-01

furious to the well-brng of Mexico might, by con-
Citation my port, be averted, have done what
ever lay in my power 10 avoid the possibility of OPP
position, eiIhtr IN feeling or action by the Legisla
ture, or by the party by which its majority was
elected, against the constituted authorities and
tablished government
Reluctantly as l approach the subject, / now de-
clare that the nomination of officers, and their
confirmation, 10 assume the exercise OF functions
which (by supersedng the officers now in COM
mssion) will affect the laws OF this territory, at
present constituted will be deemed and considered
as act, on the part Of all concerned, in direct
violation of their duties as citizens OF the United
States.
My official obligations imperatively require that
the present government be sustained until suppressed
ed by another legally constituted, and this duty
will fulfil with all the means at my disposal.
II am, respectfully,
JOHN MONROE,
Civil and Military Governor
Territory of New Mexico.
Lieutenant and Acting Governor, MANUEL ALVAREZ.
GovEREoRs OFFICE, July 49, 1850.
Sir In my note of yesterday, mentioned that
/ would take early occasion to answer your
communication of the llth inst, in which you are
pleased TO alude 10 a conversation solicited by
yourself through your adusnt, which was held
the 10Th Instant in which, among other mat
tiers, you minated disposition to disregard any
acts OF the Legislature, oversteppmg the bounds Of
your proclamation of the date of 18th May, 1850
determination TO sustain the authorities hitherto
administering 'he functions of government, and
alluded 10 the course OF the new government In or
ganizing its departments and proceeding TO exer-
else legislative power, as unwarraned and reyolu-
tionaIy
From the tenor of your conversation, learn that
you entertain the idea that the people, in organic
ing government, were bound TO follow your pro-
clamation literally aud strictly, and that they
exercise power beyond its license. la this con-
struction of the peoples rights, our opinions are
entire different, hold the true ground 10 be
lst That the people had an undoubted right TO
hold convention, form constitution. and organ.
He civil goeemmtnt. without either your first
or second proclamation, or even without consulting
with You.
I'd That any private citizen as well as the COM
mandant OF the Ninth Military Department, could
have issued the PROCLAMATION, or could, by COM
mon consent, have been designated for that pur-
pose, and, # obe' ed, It would have been just ef
tciua aud obligatory on the people and yourself
Sd. That IN III, absence of any congressional le-
cislatlOn over Ne, have free aud undoubted
right To retoIm and remodel the Old system, or to
establish and different one-not viol ating the
consiimu,n Of the United Statcs-as the people OF
New loIk or Virginia.
i,h. That the civil power exercised by YOU I'M
der military order from General Scott, can be no
greaerror moe restrictive of the rights Of the peo
pie, Than that exercised by the President Of the
Upited Stttes
5ih That the President cannot delegate greater
powerhan b. himself could exercise. and nothing is
clearer than that he without the sanction of Con-
Press has no power either 10 dictate a government
TO us, or TO prevent Us from making sJch an ore
We Iiay IIeirT.
OH Thatit hos never been pretended, even by
the President Of The United States, that he had any
authority to make r. government fnr us, or 10 insist
that We should otsefye the one left to US on the
termination oi the war.
Prsid'ht Pok, IN his ursslge Of Dec 9Th, 1913,
holds this emphatic language, IN Speaking of New
Mexico aud California; - since that time (l3th
MBy.) he limit, power pnssessed bv the Execu-
tive has ben exercised 10 preserve aud protect
them from The inevitable consequences ola state Of
ANARCHY 1hr ouD government tina, remained was
that established by the military authority during
the war. Regarding histo be dc flctO government,
and that by The wssuni'd consent Of the inhabit-
ants, ~ might b' continued r. pOranly they were
advised ~ conform nod submit 10 u for short in
teTyebirg period hsfIf, Congress would aRain as
senhle and lrgisiate IN the sub ect" And again
IN b's pfsSuus message OF the Sth July, President
Polk declares that 'tha war with Mexico having ter
minated, the power 81 the EXecutyeto establish or
continue the tenn urary civil Coyrrnmentsovc these
territories, which existed under the laws Of nations,
vhilst they were regarded as conquered provinces,
has erased Secretary Crawford in his late report
November 30ih, lSig) advances a similar view.
"Thr peculiar CONDITION e the territories Of Cali
fornii end New MeN'co, IN rcspect 20 their inter-
nal government. ma the absence OF any clearly
defined authouy b, Congress for this object, has
imposed delicate aud difficult duties on the army.
One 81 ~ assigned DUTIES Is 20 aid civil funcona
ties When required IN the reservation OF public
tranquility. But u believed that the civil au-
thouty, 80 far u has its origin in political
powell 10 a greatmrssur~ dislpp-are by the trans
fer OF ID" sovereignty snd jurisdiction from Mexico
TO the United STATES. The military regulations es-
tabished tor the government dunng the war were
suTerssded by the return 81 pace" | refer you,
also, TO the Instructors given 10 Lieut.. Col
Mccall Not having those instructions, ] can
only refer you to hem
An Of these opiniuns-opinions emansting from
Distinguished Statesmen, are endorsed by the great
politicians ~ The county There IL hardly any
Que stion 81 State rights better settled than that the
people have an mslsuahlc right peaceably TO as
scmble 10 take STEPS Ia reorgan1e or remodel their
govern meni, and 90 establish such laws as are by
them d,tmed must Just aud salutary.
These extracts show-lst That the government
hitherto exsunR ~ New Mexico u one simply Of
consent cuIssni presumed, and the people are
advised To submit temporarily 10 a.
2 They show that the President disclaims any
power TO establish OF continue temporary civil
governments
3 That the military regulations established for
our government supe rscded by the return OF
peace. II the posiruns above stated are true and
am not aware ihst statesmen differ about them, II
his always been competent for the people TO take
the step they have recently taken, and that the
commander ~ The 9th Military Department has ex-
ercsed the funcfuns ~ civil Governor thus arises
solely from the consent Of the people. This con-
cent u Withdrawn The people have smicsbly,
through the recommendation Of yoursef proceeded
90 the tall Organization 81 civil poliiy-until the
national Congress shall undo ", or refuse 10 sane
ton H. by the law Of nations and the right 81 States,
u will remain our only legitimate government.
Had the President power 20 make ne = government,
long sgo he would have 20 ordered his power is
reserved to Congress, aud, until " acts, the people
must adopt such government es TO them may
sem best. The people II Cahfsrnis have pursued
a similar courSe. The government went into inn
mec~ste operstion the officer commanding the
uocIs ~ the United States retired from the dis
charge Of his civd functions, and his conduct and
me course ot N. peuple have met with general ap-
probation inthe Unipd States.
STATE govsrnmen, 70 likely to be beneficial
TO the people ~ New Melico, why should they be
Delayed IN ne EMO, mentl Are they less able 20
snstsin y now then they would he IN aix months or
yesrl And what right has the military com
rpspdsn, ~ the oh Military D~rsrtment. when The
President hmseh bss no such power 10 say that
such government should be indefinitely withheld
from the 10 orle