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

the army. One Of its assigned duties is to aid civil
functionaries when required. in the preservation OF
public tranquility but ii IL believed that the civil
authority, far IL has its origin in political pow
er, In a great measure disappeared by the transfer
OF the sovereignty and Jurisdiction from Mexico TO
the United States.
1.-The military regulations established for the gov.
eminent during the war, were superseded by the
| return OF peace" l refer YOU also 10 the insiruc
tons given to Lieutenant Colonel Mccall. Not
having these instructions, | can only refer you 10
| them.
All Of these neutrality-suspicious. emanating FROM
distinguished statesinen-are endorsed by the great
politicians OF the country. There is hardly any
question OF State rights better settled than that
the people have an inaenabe right peaccabIy to
assemble to take steps to re organize or model
their government, and establish such laws as are
| by them deemed most just and salutary.
/ These extracts show That the government
hitherto existing in New Mexico is one simply of
consents consent presumed, and the people
advised To submit temporarily to il.
2. They show that the President dsclaims any
power to establish or continue temporary civil gov
| eminent
g. That the military regulations established for
our government tcere superseded by the return Of
peace. II the positions above stated true and
am not aware that statesmen differ about them, il
has always been competent for the people TO take
the step they have recently taken, and that the
commander of the 9th military department has ex-
crcised the functions of civil governor thus arises
solely from the consent of the people. This
sent is now withdrawn. The people have AMIGA
bly,, through the recommendation of yourself, pro-
ceeded to the full organization Of civil polity;
until the National Congress shall undo it, or re-
fuse to sanction it, by the law of nations, and the
rights of States, II will remain only Legitimate
government. Had the President power to make
us government, long ago he would have so or
dcred.
acts, the people must adopt such government as
| to them may seem best. The people of California
have pursued similar course. The government
went ir1o immediate operations; the officer COM
ms nIl M he 1uitp Gtate retir
from the discharge OF hs civil functons-and his
conduct and the course of the people have met with
general appreciation in the United States.
IL State government is likely to be beneficial to
the people Of New Mexico, why should they be de-
layed in its enjoyment? Are they less able to sus-
tain IT now than they would be in six months or
year? And what right has the military command
ant ofthe 9th military department, when the Presi
dent himself has no such power, to say that such
government should be indefinitely withheld from
the peope3
III understand the second proclamation issued
by you, ii contcmplates the organization of the
government so far as may be necessary to elect
| United States Senators. That is, it contempates
that, at least, the Executive and Legislature should
qualify and proceed to this election. The Gov
ernor and Legislature, by the very law that
stituted thcm-the popular yoice-were, before
terng on the discharge Of their duties, required to
take an oath to support the constitution of New
Mexico Before an election could take place. it
was necessary to pass law on the subject and to
provide mode OF au,hcntcating the credentials Of
template. Yet 1t 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 to the credentials of
the Senators, would, to say the least of it, have
been novel, and exposed them to the commentary
OF asking for seats with an unconstitutional evil
dence of an election.
Why was the formation of a constitution and the
election OF an Executive and a Legislature ncces
sary to choose United States Senator's? Simply be-
htrtI ,.(f, ". Ill
officers must be chosen by the legislatures of the
States; and they are necessary 10 authenticate the
credentials. IT. then, it competent for the egis
lature to make one law, s il not competent to them
10 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, is his signature TO another
law, adopted by the same Legislature, less eflica
cious, or absolutely null and void? He cannot be
an officer with foil authority one day, the next
without such authority, and the third restored
again with his official dignity and power And if
he has been Governor for hour, he is SO till his
term expires; and being SO, there is other, for
the existence of two governors, CO equal in the
same State, is impossible, and contrary 10 ali law
and experience.
have failed to discover in the extract you were
pleased to send me, any principle contradictory Of
are stated generally, and are the law as commonly
received. The questions discussed are not the ones
that at this moment vitality affect New Mexico. IL
tuted State, the " Congress has power to make all
ncediul rules and regulations" respecting US. But
we are not territory until these needful rules
made. Congress has done nothing-has not de-
clared US territory nor extended over the laws
oft United States The doctrines asserted (though
unartifciay stately in the extract sufficiently
true and as general propositions will not be dis
cussed. Yet, applied to our present attitude, they
lose all applicability.
have deemed it proper to say this much in reply
to your communication Of the llth instant; and
while assert an earnest desire 70 sec the early
prosperity Of my adopted country, subscribe my
MANUEL ALVAREZ.
Colonel JoHs MoSsor, Cong 9th Mlt'ry Dept.
SANTA FE, July 10, 1850.
| TO Colonel John Monroe, Commanding 9th Military
| Department.
| SIR Your communication of to-day anticipated
my reply 10 your note Of date of July II, 1850. |
regret 10 find that you have deemed it necessary
intorpose your authority, and the forces at your
disposal TO dobar 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 po-
| sition.
We occupy the position Of two governments,
each claiming 20 be the true and legitimate one.
While you force the issue ON tho people, and yolun-
teer yourself and your military power In opposi-
ton TO the will Of an admitted majority, the civil
power recognized by the people, the only and tho
true government, will be respected by them, and
will proceed peaceably and with earnest real TO
! promote the common welfare-to perfect and make
effective the State organization.
| We believe Ourselves 60 be in the right, and that
the course, which our duty makes imperative upon
US 20 sustain the orgnnizs ton, should be stead
lastly pursued To the end We deprccatc all COLI
sion; we have thus far proceeded peacefully, and
shall endeavOr continue 50; we have provoked no
quarrel with the military; have iously avoided
IT, wcshOud have been rejoiccd TO see the military
gagged in their legitimate pursuit, hunting and obss-
Using the foes OF tho State, while the people, through
their legislature, reformed the abuses which have
crept in and for long time have discrcdited
government We regret this interference, the
more 20 az We see no occasion for IL, and IL has
a tendency TO embarrass the people, on the one
/ part and the military, backed by decayed gov
eminent, on the other.
| The work Of reform, at least far change
in the persoun,i Of tho is concerned, has
already been effected quietly and satisfactorily UNI
less you shall assume the responsibility OF counter
acting the popular will, and Of attempting to null
lily the clearly expressed wishes Of nearly the whole
people Of New Mexico.
Be assured that collision will succeed, any
embarrassment interrupt the quiet action Of the lie