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WAR DEPARTMENT,

January 11, 1847.

SIR: The enclosed papers have been addressed jointly to General Kearny and yourself, under the uncertainty whether they will find him in California. Should he have left there before this arrives, you will consider the communication as intended for your guidance, and you will conform your conduct to the views therein presented, so far as relates to the government of that country.

Very respectfully, your obedient servant,

Colonel RICHARD B. MASON,

W. L. MARCY,
Secretary of War.

First regiment U. S. Dragoons, commanding in California.

WAR DEPARTMENT, Washington, January 11, 1847.

SIR: Your communication from Santa Fe of the 22d of September, accompanied by a copy of the laws prepared for the government of New Mexico, and established in that Territory, was received at this department on the 23d of November last.

Soon after the meeting of Congress the President was called on by a resolution of the House of Representatives for the orders and instructions issued to the officers of the army and navy by him, for the civil government of the territories which had been, or might be, acquired by our arms. I herewith send you a copy of the President's message, with the documents, sent to Congress in answer to that resolution. By this you will learn the President's views as to the powers and authority to be exercised in the territories conquered and occupied by our forces. These views are presented more in detail in instructions prepared under his directions, by the Secretary of the Navy, bearing date this day, an extract of which is herewith transmitted for your information, and particularly for the guidance of your conduct. This document is so full and clear on all points in regard to which you may desire the directions of the government, that I do not deem it necessary to enlarge upon it.

It is proper to remark that the provisions of the laws which have been established for the government of the Territory of New Mexico go, in some few respects, beyond the line designated by the President, and propose to confer upon the people of the Territory political rights under the constitution of the United States: such rights can only be acquired by the action of Congress. So far as the code of laws established in New Mexico, by your authority, attempts to confer such rights, it is not approved by thre President, and he directs me to instruct you not to carry such parts into effect.

Under the law of nations, the power conquering a territory or country has a right to establish a civil government within the same, as a means of securing the conquest, and with a view to protecting the persons and property of the people, and it is not intended to limit you in the full exércise of this authority. Indeed, it is desired you should exercise it in such a manner as to inspire confidence in the people that our power is to be firmly sustained in that country.. The territory in our military occupa

tion acquired from the enemy by our arms cannot be regarded, the war still continuing, as permanently annexed to the United States, though our authority to exercise civil government over it is not, by that circumstance, the least restricted.

It is important that the extent and character of our possessions in the territory conquered from the enemy should not be open to question or cavil. This remark, though having reference to all our aquisitions, is in an especial manner applicable to the Californias. As to Upper California it is presumed no doubt can arise, but it may not be so clear as to Lower California. It is expected that our flag will be hoisted in that part of the country, and actual possession taken, and continuously held, of some place or places in it, and our civil jurisdiction there asserted and upheld.

A copy of this communication will be sent to the commanding officer at Santa Fe, with instructions to conform his conduct to the views herein presented.

Very respectfully, your obedient servant,

W. L. MARCY,
Secretary of War.

To Brigadier General STEPHEN W. KEARNY,
Commanding U. S. Army in California, Mexico.

Extract of a despatch to Commodore Stockton.

NAVY DEPARTMENT, January 11, 1847.

SIR: Your communications dated at Monterey on the 18th and 19th of September were received at the department on the 26th December ultimo, by the hands of Mr. Norris, whose activity and intelligence in executing his orders entitle him to my thanks.

You will probably have received, before this can reach you, my despatches which were intrusted to Lieutenant Watson, of the United States navy, under date of the 5th of November, in which, as commander-inchief of the United States naval forces in the Pacific, you were informed that the President "has deemed it best for the public interests to invest the military officer commanding with the direction of the operations on land, and with the administrative functions of government over the people and territory occupied by us."

Accompanying this, I send you copies of the President's annual message, trasmitted to Congress on the 8th of December ultimo, with the accompanying documents, including the annual reports of the War and Navy Departments. I also send you a printed copy of the document No. 19 of the House of Representatives.

You will perceive, from these papers, the view taken by the Executive of the measures which have been adopted by the military and naval commanders in those States of Mexico of which we have acquired possession by military conquest.

I see no reason to qualify the opinion which I expressed in my report, that "your measures in regard to the conquered territory are believed to be warranted by the laws of war;" and in answer to your suggestions that "a general approval by the government of the United States of your con

duct, if they do approve, to be published in the Californian, would have a good effect," I have been directed by the President to communicate a more full statement of his views of the principles which govern the conduct of our officers in the circumstances in which you have been placed, and on which the instructions heretofore given have been based.

By the constitution of the United States the power to declare war is vested in Congress. The war with Mexico exists by her own act and the declaration of the Congress of the United States. It is the duty of the Executive to carry on the war, with all the rights and subject to all the duties imposed by the laws of nations-a code binding on both the billigerents.

The possession of portions of the enemy's territory, acquired by justi fiable acts of war, gives to us the right of government during the continuance of our possession, and imposes on us a duty to the inhabitants. who are thus placed under our dominion. This right of possession, however, is temporary, unless made absolute by subsequent events. If, being in possession, a treaty of peace is made and duly ratified on the principle of uti possidetis-that is, that each of the belligerents parties shall enjoy the territory of which it shall be in possession at the date of the treaty-or if the surrender of the territory is not stipulated in the treaty so ratified, then the imperfect title acquired by conquest is made absolute, and the inhabitants, with the territory, are entitled to all the benefits of the fede ral constitution of the United States to the same extent as the citizens of any other part of the Union.

The course of our government in regard to California, or other portions of the territory of Mexico, now or hereafter to be in our possession by con quest, depends on those on whom the constitution imposes the duty of making and carrying treaties into effect. Pending the war, our possession gives us only such rights as the laws of nations recognise; and the govern ment is military, performing such civil duties as are necessary to the full enjoyment of the advantages resulting from the conquest, and to the due protection of the rights of persons and of property of the inhabitants.

No political right can be conferred on the inhabitants thus situated emanating from the constitution of the United States. That instrument establishes a form of government for those who are within our limits, and owe voluntary allegiance to it. Unless incorporated with the assent of Congress, by ratified treaty or by legislative act, as in the case of Texas, our rights over enemies' territory in our possession are only such as the laws of war confer, and theirs no more than are derived from the same authority. They are therefore entitled to no representation in the Congress of the United States.

Without anticipating what may be the terms of a treaty which, it is hoped, will be entered into between the two republics, there will be no revocation of the orders given in my despatches of the 5th of November last," that under no circumstances will you voluntarily lower the flag of the United States or relinquish the actual possession of California," with all the rights which it confers.

In the discharge of the duty of government in the conquered territory during our military possession, it has not been deemed improper or unwise that the inhabitants should be permitted to participate in the selection of agents to make or execute the laws to be enforced. Such a privilege cannot fail to produce ameliorations of the despotic character of

martial law, and constitute checks voluntarily and appropriately submitted to by officers of the United States, all whose instructions are based on the will of the governed.

I have regarded your measures in authorizing the election of agents charged with making laws, or in executing them, as founded on this principle; and so far as they carry out the rights of temporary government under existing rights of possession, they are approved. But no officers created or laws or regulations made to protect the rights or perform the duties resulting from our conquests, can lawfully continue beyond the duration of the state of things which now exists without authority of future treaty or act of Congress.

At present it is needless, and might be injurious to the public interests, to agitate the question in California as to how long those persons who have been elected for a prescribed period of time will have official authority. If our right of possession shall become absolute, such an inquiry is needless; and if, by treaty or otherwise, we lose the possession, those who follow us will govern the country. The President, however, anticipates no such result. On the contrary, he foresees no contingency in which the United States will ever surrender or relinquish the possession of the Californias. The number of official appointments, with civil or military duties other than those devolved on our navy and army by our own laws, should be made as small as possible, and the expenses of the local government should be kept within the limits of the revenues received within the territory, if it can be done without detriment to the public interest.

Very respectfully, your obedient servant,

Brig. Gen. S. W. KEARNY,

Commanding, &c., &c., in California.

W. L. MARCY,

Secretary of War.

WAR DEPARTMENT, June 14, 1847.

SIR: You will proceed with the despatches here with for the commanding officer in Santa Fe and California, taking the route via Fort Leavenworth. On arriving at Santa Fe, you will hand to the commanding officer at that place the communication addressed to him, and then proceed to California and deliver to Brigadier General Kearny, or, should he have left the country, to the officer of the United States army highest in rank, the despatches addressed to them.

You are authorized to receive from the Indian agent near Fort Leavenworth the United States mules left in his charge by Mr. Talbot, who came with you from California.

You will be entitled to transportation from this place to California.
Very respectfully, your obedient servant,

Lieut. CHRISTOPHER CARSON,

Washington city.

W. L. MARCY,

Secretary of War.

WAR DEPARTMENT, June 11, 1847. SIR: I had occasion to address you on the 1st instant. I herewith send you a copy of that communication, by which you will learn the steps which have been taken by this department for sending a sufficient force to Santa Fe to hold that place and the department of New Mexico. I am not aware that the President has yet received the petition for the pardon of Antonio Maria Trujillo, but I have conversed with him, and am now enabled to present his views on that subject.

The temporary civil government in New Mexico results from the conquest of the country. It does not derive its existence directly from the laws of Congress or the constitution of the United States, and the President cannot in any other character than that of commander-in-chief exercise any control over it. It was first established in New Mexico by the officer at the head of the military force sent to conquer that country, under general instructions contained in the communication from this department of the 3d of June, 1846. Beyond such general instructions the President has declined to interfere with the management of the civil affairs in this Territory. The powers and authority possessed by General Kearny when in New Mexico were devolved on you as the senior military officer, on his departure from that country. They are ample in relation to all matters presented to the consideration of the President in the communication of the acting Governor Vigil, dated the 23d of March last; and to you as the senior military officer, or to whosoever is such officer, he will leave such matters, without positive or special direction. Your better knowledge of all the facts and circumstances will doubtless enable you to take a wise and prudent course in regard to them.

The insurrection in that department called for energy of action and severe treatment of the guilty. It was but justice that the offenders should be punished; the safety of our troops and the security of our possession required it. Beyond what was necessary to these ends, it is presumed you have not gone; and the President sincerely hopes that the life of Antonio Maria Trujillo may be spared without disregarding them. With this suggestion, he leaves the case of Trujillo to your disposal, as he does all others yet under consideration.

It appears from the letter of the acting governor of New Mexico of the 16th of February, addressed to the Secretary of State of the United States, and referred to this department, that he wishes to withdraw from the duties of that post, and only holds it until the President shall appoint a successor. On this subject, I am directed to say that the filling this office appertains to the senior military officer, to whom the temporary civil officer is subordinate. Should the present incumbent wish to retire from that office, you or the senior military officer in New Mexico, if convenient or necessary to delegate the power, will select such person as you or he may deem best qualified to exercise the functions of that situation, and duly invest him with them.

I am instructed by the President to make known to you his high appreciation of the services rendered by you, and the officers and soldiers of your command, in the several affairs with the enemy, reported in your communication to the Adjutant General of the 15th of February. The prompt, spirited, and energetic action on the part of the officers and men, in putting down the insurrection which had been formed by the inhabit

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