WASHINGTON, _December 22, 1846_.
_To the House of Representatives of the United States_:
In compliance with the request contained in the resolution of the House
of Representatives of the 15th instant, I communicate herewith reports
from the Secretary of War and the Secretary of the Navy, with the
documents which accompany them.
These documents contain all the "orders or instructions" to any
military, naval, or other officer of the Government "in relation to the
establishment or organization of civil government in any portion of the
territory of Mexico which has or might be taken possession of by the
Army or Navy of the United States."
These orders and instructions were given to regulate the exercise of the
rights of a belligerent engaged in actual war over such portions of the
territory of our enemy as by military conquest might be "taken
possession of" and be occupied by our armed forces--rights necessarily
resulting from a state of war and clearly recognized by the laws of
nations. This was all the authority which could be delegated to our
military and naval commanders, and its exercise was indispensable to the
secure occupation and possession of territory of the enemy which might
be conquered. The regulations authorized were temporary, and dependent
on the rights acquired by conquest. They were authorized as belligerent
rights, and were to be carried into effect by military or naval
officers. They were but the amelioration of martial law, which modern
civilization requires, and were due as well to the security of the
conquest as to the inhabitants of the conquered territory.
The documents communicated also contain the reports of several highly
meritorious officers of our Army and Navy who have conquered and taken
possession of portions of the enemy's territory.
Among the documents accompanying the report of the Secretary of War will
be found a "form of government" "established and organized" by the
military commander who conquered and occupied with his forces the
Territory of New Mexico. This document was received at the War
Department in the latter part of the last month, and, as will be
perceived by the report of the Secretary of War, was not, for the
reasons stated by that officer, brought to my notice until after my
annual message of the 8th instant was communicated to Congress.
It is declared on its face to be a "temporary government of the said
Territory," but there are portions of it which purport to "establish and
organize" a permanent Territorial government of the United States over
the Territory and to impart to its inhabitants political rights which
under the Constitution of the United States can be enjoyed permanently
only by citizens of the United States. These have not been "approved and
recognized" by me. Such organized regulations as have been established
in any of the conquered territories for the security of our conquest,
for the preservation of order, for the protection of the rights of the
inhabitants, and for depriving the enemy of the advantages of these
territories while the military possession of them by the forces of the
United States continues will be recognized and approved.
It will be apparent from the reports of the officers who have been
required by the success which has crowned their arms to exercise the
powers of temporary government over the conquered territories that if
any excess of power has been exercised the departure has been the
offspring of a patriotic desire to give to the inhabitants the
privileges and immunities so cherished by the people of our own country,
and which they believed calculated to improve their condition and
promote their prosperity. Any such excess has resulted in no practical
injury, but can and will be early corrected in a manner to alienate as
little as possible the good feelings of the inhabitants of the conquered
territory.