Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-08-22

by President Polk to the House of Repre-.
sentatives, in pursuance Of call upon hin
by that body.
In the message transmitting the consti
tuition, he says. sun M
Portions of it purport to establish and
organize permanent territorial government
lover 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 ofthe
United States. These have not been ap-
proved and recognized by me. Such or
ganized regulations as have been establish
ed in any of the conquered territories for
the security Of our conquest, for the preser-
vation Of order, for the protection Of the
rights of the inhabitants, and for depriving
the enemy Of the advantages of these terri
tories while the military possession of them
by the forces of the United States contin-
ne, will be recognized and encouraged"
Near four years have now elapsed since
the quasi military government was establish
ed by military authority, and received, with
the exceptions named, the approval Of Pres
ident Polk. In the meantime treaty Of
peace has been concluded with Mexico, by
which boundary line was established that
left this territory within the United States,
thereby confirming TO the United States by
treaty what we had before acquired by con-
quest.
The treaty, in perfect accordance with
the proclamation Of Gen. Kearney, declared
that the Mexicans remaining in this terri
tory should be incorporated into the Union
ofthe United States, and be admitted at the
proper time Ito be judged Of by the Con-
gress Of the United S.ates,) to an enjoy
ment of all the rights of citizens of the
United States. according to the principles
OF the Constitution " and in the meantime
should be maintained aud protected in the
free enjoyment Of their liberty and proper
ty, and secured in the free exercise of their
religion without restriction" Thus it will
De perceived that the authority of the Unit
ed States over New Mexico was the result
OF conquest; and the possession held Of it,
the first place, was of course military pos
sion. The treaty added the title by cession
to Inc >iready existing title by successful
achiesensuts in arms. With The peace,
there naturally arose an expectation that,
as carry as Possible, there would come a |
c"ii governmeIHto supersede the military.
but untii some sch government should
come into existence,N was a matter of ali.
solute necessity that ne military govern
ment should continue, IS otherwise the
country must fall into absolute .,arcbv
Aud this has been the course gene..llv in
the practice of civilized countries, wsen
colonies or territories have been acquired
by war, and their acquisition confirmed by
treaty.
The military government therefore, exist
ing in New Mexico at the date of the order.
existed there of inevitable necessity. lex
,sted as much against the will Of the Exec
against the win Of THE is1 psd |pisA
President had adopted the opinion. that it
was justifiabe in the people of the territory,
under the circumstances. to form consti-
tuition Of government, without any previous
authority conferred by Congress, and there
upon apply for admission into the Union
1t was under this state Of things, and under
the Influence Of these opinions, that the
order of the 10Th of November last was Civ
en- and executed in the manner we have
seem The order indicates no boundary.
aud defines no territory except by the name
Of New Mexico; and SO far as that indcat-
ed any thing, it referred to known terri
tory, which had been organized under mill
tary authority, approved by the Executive,
and left without re,nonstrance or alteration
| h,, g. IL IL.
1t appears to the President that such an or
der could not have been intended to invade
the rights of Texas.
Secondly, you ask whether the proclama-
ton Of Colonel Monroe, meets with the sp-
prevail of the President Of the United States.
To determine this question it is neces-
sary look at the object of the proclamation
and the effect of the proceedings had under
it.
If the object was to assume the authority
to settle the disputed boundary with Texas
then the President has no hesitation in saw
ing such an object does MOI meet his aJpro-
baton, because he does not believe that
the Executive branch ofthis Government or
both combined, have any constitutional au-
thority to settle that question. That be-
longs eithor to the Judicial department Of
tue federal government, or Ia the concur
rent az ton by agreement of the legislative
departments of the governments Of the
United States and Texas. But it has been
sufficiently shown that Col. Monroe's act
ions have had no such object, and that his
intention was merely to act in aid of the
people in forming state constitution 10 be
submitted to Congress.
Assuming that such constitution has
been formed, whot is the effect on the dis
pused boundaryi lift compromits the rights
of either party to that question then it does
not NEE, the Presidents appreciation, for
he deems it his duty to leave the settle
ment Of that question TO the tribunal where
il constitutionalIy belongs. 1t is sufficient
for him that the boundary is in dispute
that the territory east Of the Rio del Norte
seems TO be claimed in good faith by both
Texas aud New Mexico, or rather BY the
United States. 'ed
Whatever MIGHT he his INDIGNANT a, e.