Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-07-06
NEW MEXICO.
In SENATE, sArrnDAr, JusE 30, 1850.


| In SENATE, SATURDAY, JUsE 90, 1850.
On motion by Mr. Glass; the Senate took up for conside-
ration the following resolution submitted by him the eth
instant
Resolved That the Committee Military Affairs be in
structed inquire the expedency of prohibiting by law
any officer of the army from assuming exercising within
the limits OF the United States any civil power or authority
conferred by OF Congress- and OF providing ade
quate punishment for such offences.
Mr. PRATT. The resolution of the honorable Senator is
prospective exclusively in its action and effect Now the
officer to whom it intended have reference, has with
authority by law, instructions from the Executive
which understand the case-been gully OF the offence OF
proclamng himself civil governor of of the Territories Of
this Union, and has of his authority, attempted
ganize there, think the inquiry should fur
he and that the committee should report whether these
by which that officer can be punished for such
offence. merely make the suggestion
Mr. CASS. Mr.. President have no objection whatever
to any change this resolution, addition TO which
may be desired make it broad in the scope of its
inquiry any member may wish. There is ACT for the
punishment Of such offence in our military code. The
rules and articles of were originally enacted during our
revolutionary struggle, and they substantially what
they were then They neither foresee such offence no
provide for its punishment presume il never occurred to
the trainers OF that code that officer of the American
would the high functions Of civil government, the
appointment Of all officers the direction of public affairs and
would summon the people together by his authority to
form State constitution and Government Like the law
givers of antiquity believing the offence possible, they
neither provided for lis prevention nor its punishment Who
could have supposed that in this day and in this country
such spectacle of military assumption would have been ex
hibed While the questions arising out Of Mexican
cessons occupying the hearts and thoughts Of the Amer
people, and engaging the attention Of their Government
WHILE indeed they have been the great subject of consdera
ton during months of the session. presenting embar
easements before known history, suddenly
officer of the army appears in New Mexico, and cutting the
Gordan knot have been unable to unite the
people OF New Mexico to form State constitution, and a
ply for admission into the Union He aside disre-
gar he eyed
the question of numbers Of races moral and intellectual
condition, and OF unsettled boundary-and in mill
tary style marches directly to his object. Well sir, if we
prepared for this prepared for any assumption Of
military authority which officer of the choose
to take upon himself from breve second lieutenant to the
commanding general. The official title of this officer,
nounced by himself, is civil and military governor Of New
Mexico" 1t reminds of the pamest days of Napoleon
when mipry rule swallowed up every other rule but
this day officer who should assume thus act in France
would retain his commission only till the facts Of the
should reach the Government .,.1..,
/ Mr.. SEWARD have objection to the passage Of
this resolution, but strikes me- say the least exceed
ugy strange in its scope, and object and character 1t
lates to the conduct of military officer believe that there
rules and articles of by which every possible offence
that can be committed by ocer OF this character can be
tried and for which he be punished believe also there
power Of impeachment which reach such offenders
At the time is be borne mind that what alleged
10 be assumption the part Of the Governor OF New Mex
leo not novel transaction. The United States find them
selves in very extraordinary and peculiar situation in regard
TO the newyaoquired Territories. Congress failed to make
provision fer their government Some government must
exist there There military government residing in the
hands of the Executive which been exercised by sub
ordinate military officer in California, in New Mexico 1t
inevitable consequences Of the OF these ter
rories by armed power and its continuance until civil power
shall be in way established equally inevitable. We
have failed and therefore continues believe no one COM
planned, any complained, steps taken to COR
supposed evil when the Governor Of California assumed
the execution and dschargof civil duties The assumption
regarded consequence necessary consequence, Of
the investment of military authority else there would be an
interegnum not to be endured. 1t maintained under
previous Administration. It maintained and acquiesced
in with regard to California The Governor Of New Mexico
has done just what done by the Gonernor of CALIFORNIA;
more, less. And whilst perfectly willing that the
subject shall 60 the consideration Of the committee and that
we shall have opportunity to examine it on the rep H OF
that committee not willing, for one, TO imply BY my
silence that deem there has been any thing the conduct
Of the Governor Of New Mexico deserving of censure.
Mr. CASS. i have not the slightest wish to proopg this
discussion did not suppose that eingle member OF Con-
gess, in this the other wing of the CAPITOL would object to
such inquiry and therefore, its introduction, did not
say word in its explanation support really thought
that do would be insult the patriotism aud wisdom Of
the Senate compelled however, to notice some Of
the observations Of the Senator from New York. Mr SE
WARD, which to exceedingly n,isp aced. The
Senator, il understood him. said that the military code pun
ishes all military osnces-neaning, suppose, that eher
this is military offence, that there adequate pun
shment already to be found for it. But have before said
our army and repeat that do not suppose that it
occurred to the trainers of that code that officer would
vert himself into civil and military governor ard
the highest FUNCTIONS Of government extensive districts Of
country The Senator says The Executive has power bring
to punishment all military off nces Mr. President have
much safer security against the abnse of power than
found in tie disposition Of any Executive and lily
in the jealous guardianship Of their liberties by the
American people, and in the vgant action of repree-
the rs appearance of attempt violate them
defy that Senator any other put his finger upon that
clause OF the constitution Of the laws which justices IN The
remoest degree these startling proceedings in New Mexico
With respect 70 California proceedings there Just
destitute Of all real authority those 10 New Mexico
The proclamation OF Gen Riley, far respects any valid
effect just much piece of paper is that Of
Colonel Munroe So far becomes prs ceden it has
ready produced Its legitimate fruit and how much further
these military assumptions may go, unless checked by
terposon the most cursoy examination of the history Of
other nations viii easily teach us.
The Senator from New Yok has seferred to my views and
stated bis in relation to the right OF American citizens
establish Government for themselves where none is esab
shed for them by competent authority They both the
right and the ability to do this am not going to argue
this right Of providing Government and thus provd
log for the existence If life liberty, and all the elements of
social order Ii the paramount, Government when there
one, do this, in the discharge OF it's proper duty all is well
# they do not the people take into their
hans and they would stand justified the eyes OF God and
man. And little disposed TO enter into any argumeu
respecting the capacity of the American people thus by
own action, provide tor the very fret wants 81 society All
experience has shown their power Do ths From he days