Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1850-08-29

must be recolected that the only govern.
rnent then existing in the territory was a
quasi military government and as Congress
has made no provision for the establish
ment o! any form of civil government, and
as the President doubtless believed that
under these circumstances, the people had
a right to frame a government for them
selves and submit it to Congress for its an
proval the order was direction that the
existing military government should not
stand in the way OF the accomplishment of
the wishes Of the people nor thwart those
wishes, if the people entertained them, for
the establishment Of d. Tree, popular, re-
| publican, civil government, for their own
| protection and benefit. This is evidently
the whole purpose and object fthe order.
The military officer in command, and
his associates and American citizens. ac
quainted with the forms of civil and pom
ular proceedings, and it was expected
that they would aid the inhabitants of the
| Territory, by their advice and assistance
In their proceedings tor establishing a
| government Of their own. There is no
reason to suppose that Colonel Monroe.
an officer as much distinguished for pru.
| dence and discretion, as for gallant conduct
in arms, meant to act or did act otherwise
than iii entire subordina,ion and subseryi-
ency TO the will ofthe people among whom
! he was placed. He was not authorized
TO do, nor does the President understand
him as intending to do anything whatever
in his military character, nor to represent
| in any way, the wishes Of the Executive
! Government Of the United States.
Tojudye intel!igently and fairly of these
transactions, we must recall TO our recol-
! lection 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, the Territory of New
Mexico formed Department or State of
the Mexican Republic, and was governed
by her laws.
Gen. Kearney, acting under orders
from this Government, Invaded this de-
/ par,ment with an armed force; the gov
ernor fled al his approach, and the troops
under his command dispersed, and Gen.
kearney entered Santa Fe, the capital, on
the Sth of August, l949, and took posses
sion Of the Territory, in the name of the
United States. On the %! that month,
he issued proclamation 10 the inhabitants,
stating the fact that he had taken posses
sion OF Santa Fe, at the head Of his troops,
and announcing his ',in.ention TO hold the
department. with lis .rigipal boundaries,
/ ION both siaes Vi tles Del s,orte. ana un-
der 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 as
, sured them that the United States intend
ed to provide for them a free government.
when the people would be called upon to
exercise the rights of freemen in elccting
| their own representatives TO the Terrific
rial Legislature. On the same day he es-
tabli>hed Territorial Constitution, by an
organic law, which provided for execu-
, tive, Legislative and judicial departments
! of the government defined the right Of
suffrage, and provided for the trial by
Jury, amt at the same time, established a
code of laws. This constitution declared
that ''the country heretofore known as
New Mexico, shall he 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 apportloned among the
counties established by the decree of the
department of New Mexico, Of June Il,
1914. Which counties, it is understood ;,
included all the territory over which Tex
as has lately attempted to organize coun-
ties and establish her own jurisdiction.
On the 22l of December, 1916, copy
of this constitution and code Was transmit
ted by Presidept Polk to the House Of
RepreS entativeS, in pursuance of a call on
him by that body. In the message trans
uniting the constitution, he says, that
"portions OF it purportt to establish and or
ganize permanent territorial government
over the territory, and TO impart to its in
habitants political rights which under the
constitution of the United States can be
enjoyed, permanently, only by citizens of
the United States. These have not been
approved and recognized by me. Such
organized regulations as have been estab
lished in any of the conquered territories
for the security of our conquest, tor the
preservation of order, for the protection
of the rights Of the inhabitants and for de-
priving the enemy of the advantages of
these territories while the military pos
session Of them by the forces Of the Uni
ted States continue, ,cW be recognized and
approrcd."
Near four years have now elapsed since
the quasi military government was estab-
li,hed by military authority, and received,
with the exceptions mentioned, the ap-
proval OF President Polk. In the mean
time treaty OF peace has been concluded
with Mexico by which a boundary line
was established that left this territory
within the United States, thereby con-
tirming to the United States by treaty,
what we had acquired before by conquest.
The treaty, in perfect accordance with the
proclamation of Gen. Kearney, declared
that the Mexicans remainingfn this terri
tory should be Incorporated intc the
Union of the United States, and be ad-
mitted at the proper time, (to be Judged of
by the Congress Of the United States, } to
an enjoyment Of all the rights of citizens