I here with 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 power 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 gui dance 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 the 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 exercise 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 occupation 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 last restricted.

It is important that the extent and character of our possessions in the territories 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 conformn his conduct to the views herein presented.

Very respectfully, your obedient servant,

Brigadier General STEPHEN W. KEARNY,

W. L. MARCY,
Secretary of War.

Commanding U. S. Army in California, Mexico.

16

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 conduct, 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 were 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 justfiable 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, how. ever, 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 belligerent parties shall enjoy the territory of which it shall be in possession at the date of the treaty-o 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 o 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 conquest, 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 government 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 despatch 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 pri vilege 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 chall become absolute, such an inquiry is needless; and if, by treaty or otherwise, we lose the possessiou, 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 interests.

WAR DEPARTMENT, June 11, 1847. SIR: The latest communication from you is your letter of the 30th of January.

Although Commodore Shubrick, who sailed from Boston in August, had arrived at Monterey a few days before your letter was written, it does not appear that the despatch from this department sent out by him had been received by you. It is sincerely to be hoped that the Commodore's instructions from the Navy Departnient, and those from this department to yourself, put an end to the much-regretted misunderstanding which had arisen between yourself and the commander of the squadron in the Pacific. These instructions bore date as early as August last, before it was known that you had left the United States, and were prepared in great uncertainty whether you would be able to go beyond Santa Fe until this spring, and what would be the condition of affairs there on your arrival. It was then anticipated that the naval force might take possession of important places on the coast of California some time before a land force could arrive in that country to co-operate with it; and the early instructions to that branch of the service were framed with only a very remote expectation of the presence of a land force. The relative powers and duties of the commanders of the land and naval forces were not so particularly considered and defined in these instructions as in those of November, sent out by Colonel Mason, of the army, and by Lieutenant Watson, of the navy. In these latter despatches, the views of the gov ernment in relation to the operations of the two branches of the service are clearly set forth, and, when received, (as they must have been several months since,) it is presumed that all conflict of authority ceased. To the senior naval officer all military operations on water were confided, and with them the officers of the army were not to interfere, except when the enterprise required the co-operation of the land forces. So, on the other hand, to the senior officer of the army in that country all the operations on land were intrusted, and by him were to be conducted, assisted, if the exigency of the occasion required, by the naval force. When brought together and co-operating for any particular object, the superior in rank, according to regulations furnished in previous instructions, would have command for the time being.

The views of the President in relation to the temporary civil government of California, in case our arms in that quarter should be so far suc cessful as to render such government expedient, were clearly presented in the despatch of the 5th of November from the Navy Department, and in that of the 3d of the same month from Major General Scott. Though copies of these documents have been forwarded to you since the originals were despatched by Colonel Mason, they are again herewith transmitted in the accompanying document of the House of Representatives of the last session, No. 19. Presuming that the difficulties in California have long since been settled in conformity to these instructions, it is not now proposed to make any modification of them. The temporary civil gov ernment in California results from the conquest of that country by our arms; the authority for it is not derived directly from the constitution of the United States or any act of Congress, but is the right of war. By the law of nations, the conqueror has the right to govern the place or territory of which he has acquired military possession. While in California, occupying the position of an officer of the army of the United States

highest in rank, you are charged by the instructions heretofore sent to you, and here repeated, with the functions of civil governor of the country, as well as with the command of the land forces, either sent out or there organized. When you return-as you are at liberty to do, if the condition of affairs warrants it-both the command of the troops and the functions of the civil governor will devolve on Colonel Mason, the officer of the army next in rank to yourself, or on such other officer of the army as may be highest in rank for the time being. It is not intended, by what is before said in regard to the functions of the temporary civil governor being in the officer of the army highest in rank, to deny or question his right to invest any other person with the powers and duties of temporary civil governor, should such officer find it inexpedient or inconvenient to exercise these powers and perform these duties in person; but, in case of such delegation of the functions of temporary civil govern. or, the person exercising them must be subordinate to the commander of the land forces, and removable at his will. The responsibility, as to the military and civil affairs, is with the officer in chief command of the military force.

In relation to the collection of revenue at the several Mexican ports in our military occupancy, there are duties devolved on each branch of the public service, or rather a co-operation by them in regard to this matter. It is not deemed requisite that anything more explicit should be said to indicate the respective duties of each thau what is contained in the despatches before referred to, of the 3d and 5th of November last.

The moneys collected at the ports are to be applied to the purposes of the war, and among these purposes is the support of the temporary civil government. It is expected that this government should be simple and economical, and the expenses be brought, if practicable, within the revenues which may be collected in the country; for there are no funds now at the control of the government here which can be devoted to the civil expenses; and whether there will be such hereafter, will depend upon the action of Congress.

A communication, dated at Ciudad de los Angeles, the 3d of February, addressed by Lieutenant Colonel Fremont to the Secretary of State, has been referred to this department. By this communication it appears that considerable sums of money are needed for the temporary civil goveru. ment of California, and other purposes than for the pay, subsistence, &c., of the military force; and that the necessity for them is urgent in regard to the interest of the United States in that country. Congress has made no provision for such a case, and without it the government here cannot meet such a demand. The only resource to meet such an emergency is the one before indicated-the revenues which may be collected in the country. A similar state of things, I presume, exists in New Mexico. It is quite probable that the President will consider it to be his duty to call the attention of Congress to this subject, and ask for appropriations to meet these cases; but it is not reasonable to expect any relief of this kind can reach California much within a year from this time.

When the despatch from this department was sent out in November last, there was reason to believe that Lieutenant Colonel Fremont would desire to return to the United States, and you were then directed to con. form to his wishes in that respect. It is not now proposed to change that direction; but since that time it has become known here that he bore a