The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-02

LOUIS tepuOttCdH, (HOL WHICH we OBTAIN tll5 IN
teresting news,) that her admission is scarcely
probable, from the action of the Senate in relation
to her territorial organization.
The violence OF the contest between the parties
The friends of tho State government carried every
county save one.
HEADaUARrERs, NINTH Mil. DEPT,
SANTA FE, New Mexco,) July IL, 1850.
SIR ! send you the within extract from a com
munication received on the 2lst of May last from
the War Department. as having distinct bearing
on the subject OF yesterdays conversation held be-
tween us. shall be happy to subject the original
| to your pcrusal, should you desire it,
| am, respectfully, your ob't serv't,
| ]. MONROE, Bvt Col, &c.
1t. Gov. MANUEL ALVAREZ.
[ExTRAcTl
''principlc laid down
by the Supreme Court of the United States, viz :
On the transfer of the coded territory, it has
been held that the relations of the inhabitants with
each other undergo any change. Their relations
with their former sovereign are dissolved, and new
relations created between them and the govern
| mcnt which has acquired the territory. The mere
act which transfers their country, ransfers the al
legiance Of those who remain in it and the law,
which may be dcnornnated political, is necessarily
changed, although that which regulates their in
tercourse and general conduct Of individuals re-
mains in force until altered by the newly created
power of the State
"The treaty is the law of the land, and admits
of the privileges Tights and immunies of citizens
of the United States. 1t is necessary to inquire,
whether this is not their condition, independent Of
stipulation. They do not, however, participate in
political power; they do not share in the govern
ment till New Mexicol shall become State. In
the mean time New Mexicol continues to be ter
rtory of the United States, governed by that clause
of the Constitution which empowers Congress to
make all needful rules and regulations respecting
the territory and other property belonging to the
United States"
True extract (signed)
r. JONES, Adj. Gen.
MARCH s, 1850.
| True copy: j. MoNpoE, Bvt. Col. U. S. A.
| HEADQUARTERS, 9th MILITARY Dept,
SANTA FE, New Mexico, July II, 1880
| Sir: have to acknowledge the receipt of your
letter of this date addressed to me, as commander
of the 9th Military Department, and informing me
that in fulhlmen OF your voluntary promise to let
me know Of any important steps taken by yourself,
| you now inform me that you have proceeded TO
nominate those officers which the Constitution re-
quires shall be filled in that manner.
Having, in my proclamation Of the 2Sth of May
last, called election for executive and legisla-
ture to consummate the proper arrangements for
| the presentation of the State constitution to the
| Congress of the United States, stated That all
action by the Governor and Of the Legislature shall
remain inopera tive until New Mexico be admitted
State under said constitution, except such acts
as may be necessary for the primary steps Of or
ganizaion and the presentation of said constitution
properly before the Congress of the United States
| 1.-The present government shall remain in full
force until by the action of Congress- another shall
! be constituted
Applying these principles clearly in accordance
with the Constitution Of the United States, the de-
cisions of the Supreme Court and the laws of Con-
grcss, had right to suppose that the officers
elected under its provisions would assume to them
selves authority beyond the conditions on which
they were elected by the people, that they would
engage in any acts 10 supersede the present gov
1 AtYta sla
/ islature, became convicted, from the expressed
opinions OF members, of other gentlemen occupying
important positions, and from the acts OF botn
Houses, that, in addition to its legitimate business,
there obvious intention of subverting the
government by Legislative action. In sincere
hope that's purpose SO repugnant to law and inju-
rious to the well being of New Mexico might, by
Cancellation on my part, be averted, have done
whatever lay in my power to avoid the possibility
of opposition, either in feeling action, by the Leg
islsture or by the party by which its ma ority
elected, ngainst the constituted authorities and
tablishcd government.
Reluctantly as approach the subject, 7 now de-
clare that the nomination Of officers, and their
hrmation, to assume the exercise OF functions
which, by supcrsedng the officers now in commits
sion, will affect tue laws Of this Territory, at
present constituted, will be deemed and consid-
cred act, on the part Of all concerned, in di
rect violation OF their duties citizens Of the Uni
ted States.
My official obligations imperatively require that
the present government be sustained until super
seeded by another legally constituted and this duty
! will fulfil with all the means at my disposal.
| am, respectfully,
JOHN MONROE,
Civil and Military Governor Ter. New Mexico.
Lieut.. and Acting Gov, Manuel ALVAREZ
GovrRNoR's OFFICE July 10, 1880
SrR: In my note Of yesterday, mentioned that
would take carly occasion TO answer your com
municaton Of the 18th instant, in which you arc
pleased TO allude to conversation solicited by
yourself, through your adjutant, which was held
on the 10Th instant, ia which, among other matters
you intimatcd disposition TO disregard any acts
Vf the Legislature, oyersteppng the bounds OF your
proclamation of the date OF 18TH May, 1850; a dc
termination to sustain the authorities hitherto ad-
ministering the functions Of government, and al
ludcd 10 the course of the new government, in or
ganzing its departments, and proceeding TO cxcr-
eise legislative power, as unwarrantcd and rcyolu-
tionary.
From the tenor Of your conversation, 4 learn that
you entertain the idea that the people, in organ
izing government, were bound 10 follow your
proclamation literally and strictly, and that they
can exercise no power beyond lis license. In this
construction Of the peoples rights our opinions arc
entirely different, since I hold the true ground TO
be: Let. That the people had undOubted right 10
hold a convention, form constitution, and organ
ize civil government, without either your first or
second proclamation, even without consulting
with you.
3D. That any private citizen, as well az the com
ma ndant Of the 9th military department, could
have issued the proclamation, or could, by common
consent, have been designated for that purpose,
and If obcyed, IL would have been just cficctual
and obligatory on the people and yourself
3D.. That In the absence Of any Congressional
Legislation over ne, We have az free and undoubted
n right 10 reform and remodel the old system, or
10 establish and different one-not violating
tho Constitution Of the United States-as the people
Of New York or Virginia.
9Th. That the civil power exercised by you under
n military order from General Scott can be no
greater nor more restrictive of the rights Of the
people, than that exercised by the President Of the
United States.
9Th. That the President cannot delegate greater
power than he could himself exercise, and nothing
Is clearer than thath without the sanction Of Con-
gress, has no power either TO dictate government
TO US or 10 prevent US from making such
we may prefer.
9th. That II has never been pretended, even by
the President Of the United States, that he had any
authority TO make government for MS. or 70 insist