The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1850-08-21

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gallant conduct in aims, meant to act. OF did
lct Otherwise than in entire subofdination
and subse -viency TO the wlll of the people
among whom lie was placed. lie was not
authorized to do, nor does the President un>
derstand him as intending 10 Go anything
whatever in his military character. not 10
represent N any way, the wishes OF the ex-
ecutive government Of The United States.
To Judge intelligently and fairly OF these
transactions, We most recall to oar 'recoliec'
ton The circumstances Of the !casc as they
then existed.
Previous TO the war with Mexico, which
commenced in Nav, 1916, and received the
sanction uf Congress on the l3th '0t that
month, the Territory of New Mexico foImed
la Department or State of the Mexiean Re-
public, aud was governed by her laws.
General Kealney, acting under orders
from this Government, invaded this depart
ment with an armed force ;the Goyernor fed
at his approach, aud the troops under his
command dispersed, and General Koarney
entered Santa Fe, the capitol, on the 18th
of August, !S49, and took possession of the
territory in the name Of the United States =,
Ga the 23d oflhat month he issued procal
nation 10 the inhabitants, stating the fact
that he had taken possession of Santa Fe, at
the head Of his troops, and announcing ''his
intention TO bold the department with its
original boundaries (on both sides Of the Del
Nouel and under the name Of New Mexico"
By that proclamation he promised tu pro.
.ect the inhabitants Of New Mexico, in their
person and property, against their Indian
enemies and all others and assured them that
The United States intended to prov ide them
free government when the people would be
called upon 10 exercise the rights Of frecmen
in elecling their own representatives, 10 The
Territorial Legislature. On the same day
he established Il Territorial Consti ulion by
an organic law, which provided for executive,
legislative, and judicial departments Of the
government; defined the rights Of suffrage,
and provided for The trial by inty, and al tile
same time established code Of laws This
constitution declared that '.the country
heretofore known as New Mexico, shall be
known hereafter and designated as the terri,
tory Of New MeNco, in the United States of
America" and the members Of the lower
house of the legislature were apportioned
among the counties, established by the de-
cree of The department Of New Mexico, of
June II, 1914, which counties it is under
Stood included all the territory over which
Texas had lately attempted 10 establish her
own jurisdiction.
On The 22d of December, 1916, copy of
his constitution and code was transmitted by
President Polk TO the House of Represents
dves, in pursuance of call m him by that
body. In the message transmitting the con
siiiuton, he says, that "portions Of 1t purport
to establish and organize permanent terris
turial government over the territory, and to
imparlto its inhabitants political rights which
under the constitution of the United States
can be enjoyed, permanently, only by citi-
zens of The United States. These nave not
been approved and recognized by me. Such
organized regulations have been established
in nny Of the conquered territories for the
security of our conquest, for the preserva-
ton of order. for the protect on of the rights
Of The inhabitants and for depriying the enc.
my Of The advantages of these territories
while the military possession of them by
forces Of the United States continue, ,oiH be
recognized and approved"
Netr four years We now elarsed since the
quasi military government was established
by military authority, und received with the
exceptions mentioned, the approval Of Presi|
dent 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 Sta'es by
treaty, what we had before acquired by con
guest---The treaty, in perfect accordance
with the proclamation of General Kearney,
declared that the Mexicans remaining 10 this
territory should be incorporated into the Un
ion Of the Unied States, and admitted at the
proper time, 10 be Judged of by the Com
gress of the United States,) to an enjoyment
of the rights of citizens f the United Stales,
according TO the Constitution, 'and in the
meantime should he maintained and protec>
ted in the enjoyment of their liberty and prop
erty, and secured in the free exercise Oftheil
religion without restriclion," Thus il will
be perceive that that the authority of the
United States over New Mexico, was the re-
suit of conqast; and the possession held of il
in The first place, OF course military posses
sian.
The treatv added the title by cession tc
the already existing title by successful a
cheivemeuts in arms. With the piece there
arose a natural expectation that as early as
possible, there would come civil govern.
Ineni to supercede the military. But until
such form of government should c0me into
existence il was matter of absolute necessi'
Ity That the military government should con
tinue, as oherswise the country must fal! in
TO absolute anarchy Aud this has been the
course generaiy in the practice Of civilized
nations, when colonies OF territories have
been acquired by war, and their acquisition
confirmed by treaty.
The military Government, therefore, exs-
ting in New Mexico at The date of the
order, existed there of inevitable necessity
II existed as much against the will of the
Executive Government of the United States,
as against The will Of the people. The late
President had adopted the opinion, that il
was justihable in the people oI the territory,
under the circumstances, 10 form consliln~
tion government without any previous an'
iIhority conferred by Congress, and thereupon
10 apply for admission inio The Union. /;
was under The influence of these opinions
that the order Of the 10th Of November las
was given, aud 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 os that endicacd
anything, il referred to a known territory
which had been organized under military