The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-01

by you, il csntemplates the organization of the go
vernment so far may be necessary to elect UNI
ted States Senators. That is, II contemplates thai
at least, the Executive and Legislature should
qualify and proceed 10 this election. The cover
nor and Legislature, by the very law that consutu-
ted them-the popular voice-were, oeiore ehieIihs
on the discharge Of their duties, CURED 10 TAKE an
oath 10 support the constitution OF New mexico.
Before an election could take place, u was neces-
sary TO pass law on the subject, ana 70 provide
mode of auhenticatng the credentials OF the Sena-
tors This the proclamation did not contemplate.
Yet il was necessary, and The signature OF the Vice
Governor, acting in the absence OF the Governor
elect became necessary to perfect the law, The
signature of the commanding officer of the 9th
Military Department 10 the credentials OF the Sena
tors would, TO say the least OF II, have been novel,
and exposed them TO the commentary OF asking for
seats with an unusual and unconstitutional evil
dence of an election. Why was the formation of a
constitution and the election OF an Executive and
Legislature necessary TO choose United States
Senators Simply because by the constitution of
the United States such officers must be chosen by
the Legislatures of the States and they are ne
cessary TO authenticate the credentials IT, then, II
was competent for the Legislature TO make one
law, is 1t not competent to them to make two, or
as many as they may deem proper Was the
Vice Governor an officer constituted with full
power yesterday to perfect the law "to regulate
the election Of United States Senator's, and is he
less officer to-day or is his signature to another
law adopted by the same Legislature less efflca-
cious, or absolutely null and void He cannot be
officer with full authority one day, the next with
out such authority, and on the third restored again
with his official dignity and power. And II he has
been Governor for one hour, he is so till his term
expires and being so, there Is no other, Tor the
co-existence of two Governors co'eval IN the same
State, is impossible, and contrary TO all law and
/ have failed to discover in the extracts you were
pleased to ssnd me- any prlHcaple contradictory OF
the positions here laid down. The propositions are
stated generally, and are the law, as commonly re-
ceived. The que stioHs discussed are not the ones
that at this moment vitality affect New Mexico IL
is certainly true, that long as we are not cons-
tuted a State, the "Congress has power to make
all needful rules and regulations respecting us
But we are not territory until these needtul rules
made. Congress has done nothing-has not
declared us territory, nor extended over us the
laws of the United States The doctrines asserted
Though unar,ifcially stately in the extract, are
sufficiently true, and as general propositions, will
tude, they lose all applicability.
| have deemed it proper to say this much in re-
ply TO your communication of the llth inst and
while assert an earnest desire 10 see the carry
prosperity of my adopted country subscribe myself
Your most ODE dient servant,
MANUEL ALVAREZ.
Col. JOHN MONROE, CONG 9th Miht'ry Dept.
SANTA FE, July Is, 1850.
SR-Your communication of to-day anticipated
my reply TO your note of date of July III, 1850 l
regret TO find that you have dee med il necessary to
interpose your authority, and the forces at your dis
posal, to debar the people from the peaceful and
full enjoyment Of the government they have lately
adopted for themselves, and TO the formation Of
which you lent the sanction of your name and
position.
We now occupy the position Of two COVE
each claiming TO be the true and legitimate one.
While you force the issue the people, and volun-
teer yourself and your military power, in opposition
10 the will of an admitted majority, the civil power
recognised by the people, the only and the true GO
vernment, will be respected by them, and will pro-
coed pc acefully and with earnest zeal TO pro-
mote the common welfare-te perfect and make
effective the State organization.
We believe ourselves to be IN the right and that
the course which our duty makes imperative upon
us 10 sustain the new rganizaon should be stead
tasty pursued TO the end We deprecate all COLI
sion; we have thus far proceeded peacefully, and
shall endeavor to continue so; we have provoked
no quarrel with the military; we have anAiously
avoided il; we should have been rejoced 10
the military engaged in their legitimate pursuit,
hunting and chasllsing the foes OF the State, "hile
the people, through their Legislature, reformed the
abuses that have cre?t in, and for long time have
dscreded our government. We regret this inter
ference, the more SO, we see no occasion tor II,
and as II has a tendency 10 embarrass the people,
and TO supernduce n collision between the people
on the one part, and the military, backed by de-
caytd government, on the other
The work Of reform, al least so far as change
in the personnel Of the government ~ concerned, has
already been effected quietly and satisfactorily, un-
LEES you shall assume the responsibility Of counter
acting the popular will, and Of attempting to nulli-
fy the clearly expressed wishes OF nearly the whole
people Of New Mexico.
BE assured that no collision will succeed, nor
any embarrassment interrupt the quiet action Of
the Legislature and the people, unless IL be pro-
yoked and brought about by military interference.
The pt o. lie are peaceaby disposed, fully Of
the pacific remedy that exists tor the governmental
grievances they have long endured, and Will not
readily consent 10 surrender their dearest rights,
and the hope, long deiened OF amehorating their
serial and political condition.
repeat that the Issue you have been pleased to
urge On the people j. not Of their seeking; that with
deep sincerity they deplore it; but they cannot
egree TO surrender rghls and principles dear to all
fitsmsn.
With an snxious hope that dispassionate re-
ileCiion may bring Co your mind change OF rolicy,
and with frank confession that see nothing TO
alter my resolution, indirated la YOU in NV late
letter, subscribe myself your obedent servant,
(SiRned) MANUEL. NLvAREZ.
To Col IultN MoNEoE, Cong 9th
Military Department.
EnLl Ennr Ia nt.lnrl aica nrccIinn a larrn