The southern press., 1850-09-02

| commander oil the Stl Mllitary Department, ana
informing me that in fulfilment OF your volun-
tary promise to let me know of any important
steps taken by yourself, you now inform me
that you have proceeded to nominate those otli-
GERS which the Constitution requires shall be
| filled in that manner
Having, in my proclamation of The 2Slh OF
May last, called an election for an Executive and
Legislature to consummate the proper arrange
ments for the presentation of the State consttu-
| ton TO the Congress of the United States,
stated "that all action by the Governor Lieut..
| Governor, and of the Legislature, shall remain
| cooperative until New Mexico be admitted as n
State under said constitution, except such acts
as may be necessary for the primary steps OF
organization, and the presentation of said con-
stitution properly before the Congress OF the
United States.
"The present Government shall remain in full
force until, by the action of Congress, another
shall be submitted"
Applying these principles clearly in accord
ance with the Constitution of the l nited States,
the decisions of the Supreme Court, and the
laws OF Congress, | had no right to suppose
that the officers elected under its provisions
would assume to themselves authority beyond
the conditions on which they were elected by
the people, or that they would engage in any
soon after the meeting of the Legislature, be-
came convinced, from the expressed opinions of
members, OF other gentlemen occupying inn.
portant POSITIONS and from the acts OF both
4 Houses that, in addition to its legitimate busi-
/ ness, there was an obvious intention Of sub
verting the Government by legislative action
In q sincere hope that purpose so repugnant
to law and injurious to the welEbeing of Mexico
might by conciliation on my part, be averted,
have done whatever lay in my power to avoid
the possibility of opposition, either in feeling OF
action, by the Legislature or by the party by
which its majority was elected, against the
constituted authorities and established Govern.
| ment. Hh
Reluctantly rs ! approach the subject, now
declare that the nomination of officers, and their
confirmation, to assume the exercise offunctions
which, by supersedng the officers now in com
mission, will affect the laws of this Territory, as
at present constituted will be deemed and con
sidered act, on the part of all concerned, in
direct violation Of their duties as citizens Of the
United States @#
4 My official obligations imperatively require
that the present Government be sustained un-
til superseded by another legally constituted
and this duty will fulfil with all the means at
my disposal .., b,
| -. ..., i am respectfully, .,,a..r.
| rs u~. - JOHN MUNROE,
Civil and Nil. Gov, Ter. of New Mexico.
Lit and Acting Gov. MANUEL ALvEREz.
1 r,Thc reply of Alvarez to Col. Monroe's let
| ter is long and sarcastic. 1t attempts to con-
trovert the positions taken in the Colonel's let
ter Denying the obligation of the people t. fol
low literally and strictly the Proclamation OF
Colonel Munroe in forming the State Govern
ment, the LIT. Governor holds the true ground
to be tis't' ~
| lst. That the people had an undoubted right
to hold convention, form constitution, and
organize a civil government, without either your
first or second proclamation, or without con-
suting with you. ~
3D. That any private citizen, az well as the
commandant of the 9th Military Department
could have issued the proclamation, or could, by
common consent, have been designated for thai
purposes and if obeyed, it would have been just
as etfectual and obligatory on the people and
yourself. % 5...
Sd. That in the absence of any Congression-
al Legislation over us, we have rs free and un-
doubted a right to reform and remodel the old
system, or to establish a new and different one
not violating the Constitution Of the Uni
ted States-as the people of New York or Vir
ginia. r
i 4th. That the civil power exercised by yor
under military order from Gen Scott, can b,
no greater nor more restrictive of the rights 0
the people, than that exercised by the Presiden
of the United States.
i 5th. That the President cannot delegate
greater power than he could himself exercise
and nothing is clearer than that he, without th,
sanction OF Congress, has no power either tt
dictate government to us or to prevent us from
making such an one as we may prefer.
9th. That it has never been pretended, eveI
by the President Of the United States, that Ii,
} had any authority TO make u government for us
or to insist that we should observe the one lef
| to us on the termination OF the war. a'E#as a#
| President Polk, in his message of Dec 5t
1848, holds this emphatic language in speakin.
tf New Mexico and California, 'sSince that tim
l3th May9 the limited power possessed by th,
Executive has been exercised to preserve ant
| protect them from the inevitable consequence,
of state Of anarchy The only government
that remained was that established BY the mill.
tary authority during the war Regarding this
to be'a de tacto government, and TINT by The pre-
suned consent Of The inhabitants, IL might be con
tinued temporarily, they acere adrised 10 conform
and submit 10 Il for short Intervening period be-
fore Congress would again assemble and legis-
late on the subject" And again in his previous
message Of the, 9Th July, President Polk de-
cares that, the war with Mexico having ter
minated the power of the Executive to est bsh
or continue the temporary civil governments
over these territories, which existed under the
laws Of nations, whilst they were regarded as
conquered provinces9n which our military oc.
cupaton has ceased" Secretary Crawford in
his late report (November 30th, ls49,) advances
similar view: '' The peculiar condition of the
territories of California and New Mexico, in re.
spect to their internal government, and the abb
senee of any clearly defined authority by Con-
gress for this object, has imposed delicate and
difficult duties on the army. One of its assigned
duties is to aid civil functionaries when required
in the preservation of public tranquility, But il
is believed that the civil authority, so Gar as it
has its origin in political power in great meas
ure disappeared by the transfer of the sover-
eighty and jurisdiction from Mexico TO the Uni
| ted States The military regulations establish
ed for the government during the war, were SUI
| perseded by the return Of peace" refer you,
also, to the instructions given to Lieut. Col Me-
Call Ntt haytnp these Instructions \ .,r