New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-08-08

ment should lot stspd In the way o. the accom-
ptishuept Of the wishes Of The people, nor thEEt
those wishes, II the people entertained the =, i1r
the Establishment Of free popular, republican,
civil Government, for their own protection and
benefit. This is evidently the whole purpose and
object Of the order. The military officer in CON-
mshd, ard bis associates, were American citizens,
scqu,inted with the forms u civil and popular pre-
c. edines, and twas expected they would aid the
inhabitants Of the Territory By their advice and
assistance, in their proceedings for estab ishlng
Government OF their own. There 10 no reason 70
suppose that Colonel Munroe an oihcer &C much
distinguished for prudence and discretion as Tor
gallant conduct in arms, meant y act, or dl1 act
otherwise than in entire subordination and slbser.
viency to the will Of the people among whom he
was placed. He was not authorized to DO nor
does the President understand him az intending 10
do anything whatever in bis military character nor
TO represent in any way the wishes OF the Execu-
tive Government OF the United States.
To judge inteigently and fairly Of these transac-
tons, we must recall 10 our recollection the cir.
cumitsnces Of the case as they then existed.
Previous TO the war with Mexico which com
menced in May, 1896 and received the sanction Of
Congress on the 9th OF that month, the Territory
Of New Mexico formed a department or State OF
tie Mexican Republic, and was governed BY her
laws.
General Kearny, acting under orders from this
Government, invaded this department with m
and the troops under his command dispersed, and
General Kearny entered Santa Fe, the capital, on
the 18th Of August 1896 and took possession OF the
Territory in the name Of the United States. On
the god oil thst month be issued PROCLAMATION TO
the inhabitants stating the fact th he had taken
possession Of Santa Fe, at the head Of his troops,
and announcing :" bis intention 70 hold the depart
ment with its original boundaries ION both sides
Of the Del Nortel 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 free Government,
when the people would be called upon 70 exercise
the rights OF freemen in electing their own Repre-
sentatives to the Territorial Legislature Onthe
same day be established a territorial Constitution
by On organic law, which provided for Executive,
Legislative ard Judicial departments OF the Gov
eminent defined the right OF suffrage, and pro-
vided for trial by Jury and at the same time estab-
lished q code af laws. The Constitution declared
that the country heretofore known as New Mex
leo shall be known hereafter and designated as the
Territory Of New Mexico, in the United States OF
America - and the members OF the Lower House
Of the Legislature were sppOrlioned among the
counties established by the decree II the depart
mept Of New Mexico, Of June Il, 1874, which
counties il is understood, included all the territory
over which Texas has lately attempted 10 organ.
ize counties, and establish her own jurisdiction.
On the 22d Of December, 1876, copy OF this Con-
stitution and Code vas transmitted by President
Polk to the House of Representatives in pursuance
Of call On him by that body. Ia the Message
transmitting the Constitution, be says, that
hPonIons Of II purpoii to eSgDliih suG organize ipy
Territorial Government over the Ternio' ana 70
Coz suuion Of he Urited sateI can be enjoyed perni
nenl only by ozens Of the Uniled states They hEvs
reg1iAnoDs as have been sImbshed IN any Of he con.
quered Territories for The security Of our co,qnes or the
preservation order for The projection OF The rRhts OF
The Inhabitants sI ar cepriyDg tbs enemy Of the sdva7
lsses Of hsss IeiI9rss mile Ihs naIy ro.ss',5 Of
recognized and GrDrorcd -. a..
Near four years have now elapsed slnce the
quasi military government was established oy
military authority and received, with the excep-
tions mentioned, the approval OF President Poik.
In the meantime, treaty OF peace has been con-
Guided With Mexico. by which boundary line was
established that left this Territory within the
United States, by treaty, what we haI before A;-
ouired by conquest The treaty, in perfect accord
suce with the proclamation OF Gen. kearney de
clared that the MexicaDs remaining IN this Terri
torv should be Incorporated into the Union OF the
United States, ana be admitted az the proper
time TO be judged Of by the Congress OF tne
States 10 an enjoy ment OF all the rights ol CIV
zens of the United States, according 10 the prnci-
pics of the Constitution "And n the meantime
should be maintained and protected in the free en-,
ioymeut of their liberty aud property, and secured
in the free exercise Of their religion without re
ttfction' p
Thus il will be perceived that the authority OF
the United States over New Mexico was the result
of conquest; and the possession held Of il, in the
frat place, was Of course military possession.
The Treaty added the title by cesson 70 tbs
already existing title by successful achievements
in arms. With the Peace there arose a natural
expectation that as early as possible, there woad
come civil government n supersede the military
III such form Of should
come into existence, it was matter OF sbiolute ne
oessi,y that the military government should con
tinue ne otherwise the country must fall into abso-
| lutte anarchy. And this has been the course gen.
orally, in tie practice of civilized nations, when
Colonies or Territories have been acquired by var
ard their acquisition confirmed by treaty.
The military government, therefore, existing IN
New Mexico at the date Of the order existed there
Of inevitable necessity. IL existed as much az alnst
| the will Of the Executive Government Of the U nj
ted States ts sc ainst the will Of the people. The
late President had adopted the opinion, that 1t was
uItifsbe IN the people Of the Territory, under the
circumstances 10 form constitution or govern
meut, without any previous authority conferred ~
Congress, and thereupOn 70 apply for admission IN
10 the Union. IL was under this state OF things,
and under the influence Of these opinions, that the
order Of tho 18th November lat was given, and ex-
! ecuted in the manner we have seen. The order
indicates no boundary, and defines no territory, ex
cept by the name Of NewMexico and so far IS
that Indicated any thing, it referred 70 a known
Territory which had been organized under military
authority approved by the Executive, and leis
without remonstrsnce or alteration BY Congress for
more than three years. Ii appears 70 the Pres
dent that such order could not have been intend
cd 10 invade the rights Of Texas
Secondly, you ask whether the Proclamation o.
Colonel Nunroe meets with the approval Of the
| President OF the United States
To determine this question, il is necessary %
loCk at the oh ret OF the Proclamation and the eec
Of the proceedings had under H. II the object wa,
to sEsme the authority to settle the disputed boun
dsiy with Texas, then the President has no hest
tSiion in saying such object does not meet his sP
probation, because he does not believe that the
Executive branch Of this Government or the In
hsbiiants Of New.Mtxico. or both combined, have
any constitutional authority TO settle that question
That belongs either to the Judicial department o