Washington telegraph., 1850-09-04

cy was undoubtedly informed at the date
of your letter A full and accurate copy,
however is attached to this communca-
ton Col. McCallis therein instructed
that if the people of New Mexico, for
whom Congress has provided no govern
ment, should manifest o wish to take
any steps to establish a government for
| themselves, and apply for admission into
the Union, it will be his duty, and The
| duty OF others with whom he is assOcia-
ted, not to thwart, but to advance their
! wishes. This order does not appear to
| authorize any exercise OF military author
ity, or of any official or even personal
| interference 20 control or effect in any
way the primary action of the people,
Ill the formation of government, nor TO
permit any such interference by the SUBJ
| ordinate officers.
Col Mccall and his associates were
not called upon to take a lead in any
measures, or even to recommend any
thing as fit to be adopted by the people,
| Their whole duty was confined to what
| they might be able 10 PERFORM subordin-
ate to the wishes of the people. In this
matter it was evidently contemplated
| that they were to act as the agents of the
| inhabitants, and not as officers of this
| government. 1t must be recollected
| that the only government then existing
in the territory was a quasi military gov
ernment, and as Congress has made no
| provision for the esta blishmeEt of any
| form of civil government aud as the
| President doubtless believed that under
| these circumstances, the people had
| right to frame a government for them
selves, and submit it to Congress for its
approval, the order was direction that
the then existing military government
should not stand in the way of the ac-
complshmeut OF the wishes of the peo-
pie, nor thWart those wishes, if the peo-
pie entertained them, for the establish
ment OF free, popular, republican, civil
government, for their own projection and
benefit. This is evidently the whole
purpose and object of the order.
The military officer in command and his
associates, and American citizens, were
acquainted with the forms OF civil and pop
ular proceedings, and it was expected
that they would aid the inhabitants Of
the Territory, by their advice and assis-
tance' in their proceedings for establish
inga government of their own. There
is no reason TO suppose that Col. Monroe,
an officer as much distinguished for pru-
deuce and discretion as for gallant con-
duct in arms, meant to act, or did act
otherwise than In entire subOrdlnatlOn
and subserviency to the will of the peo-
pie among whom he was placed. He
was not authorized to do, nor does the
President understand him as intending
to do anything whatever III his military
character, nor to represent in any way,
The wishes of the Executive Government
of the United States.
20 Judge iuteligentIy and fairly Of
these transactions, we must recall to our
recollection the circumstances of the
case as they then existed.
Previous to the war with Mexico,
which commenced in May, 1916, and re-
ceived the sanction Of Congress on the
18th OF that month, IT, Territory of New
Mexico formed De .,,r 'nt or State OF
the Mexican Repub.- was govern
ed by her laws.
Gen. kearney, acting under the orders
of this Government, invaded this depart
ment with an armed force; the Govern
or fled at his approach, and the troops
under his command dispersed. and Gen
kearney entered Santa Fe, the capital, on
the 18th of August, 1916, and took pos
session OF the territory in the name OF
the United States. On the 22d of that
month he issued a proclamation to the
inhabitants, stating the fact that he had
taken possession of Santa Ee, at the
head of his troops and announcing ''hls
intention to hold the department with It's
original boundaries ION both sides of the
Del Norte) and under the name of New
Mexico"
By that proclamation he promised to
protect the inhabitants OF New Mexico,
in their person and property, against
their Indian enemies and all others; and
assured them that the United States in
tended to provide for them free govern
ment, when the people would be called
upon to exercise the rights OF treemen
in electing their own Representatives to
the Territorial Legislature. On the same
dav he established Territorial Consti-
tuition by an organic law, which provl-
ded for executive, legislative, and Judicial
departments of the government defined
the rights of suffrage, and provided for
the trial by Jury, and at the same time
established code of laws. This consti-
tuition declared that 'sthe country hereto
fore known as New Mexico 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
appoftioned among the counties estab-
lished by the decree of the department
of New Mexico of June II, 1914, which
az,,t;oc ~ ,e understood inclnHPd ALL