USA > California > The conquest of California and New Mexico, by the forces of the United States, in the years 1846 & 1847 > Part 22
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In all such cases you will furnish all the assistance in your power which will not interfere with objects that, in your opinion, are of greater importance.
You will, taking care, however, to advise with any land officer of high rank (say of the rank of brigadier-general) who may be at hand, make the necessary regulations for the ports that may be occupied.
Having provided for the full possession of Upper California, the next point of ¥ 2 17
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importance is the Gulf of California. From the best judgment I can form, you should take possession of the port of Guaymas. The progress of our arms will probably be such, that in conjunction with land forces you will be able to hold possession of Guaymas, and so to reduce all the country north of it on the gulf.
As to the ports south of it, especially Mazatlan and Acapulco, it is not possible to give you special instructions. Generally, you will take possession of, or blockade, according to your best judgment, all Mexican ports, as far as your means allow ; but south of Guaymas, if the provinces rise up against the central government, and manifest friendship towards the United States, you may, ac- cording to your discretion, enter into a temporary agreement of neutrality. But this must be done only on condition that our ships have free access to their ports, and equal commercial rights with those of other nations; that you are allowed to take in water and fuel; to purchase supplies ; to go to and from shore without obstruction, as in time of peace ; and that the provinces which are thus neutral shall absolutely abstain from contributing towards the continuance of the war by the central government of Mexico against the United States.
Generally, you will exercise the rights of a belligerent, and bear in mind that the greater advantages you obtain, the more speedy and the more advantageous will be the peace.
Should Commodore Biddle be in the Pacific, off the shores of Mexico, at the time you arrive there, you will report yourself to him ; and as long as he remains off the coast of Mexico, you will act under his direction in concert with him, communicating to him these instructions.
The Savannah, the Warren, and the Levant ought soon to return. If you hear of peace between the United States and Mexico, you will at once send them home.
If war continues, you will send them home singly, or in company, at the earliest day they can be spared. The Savannah will go to New York, and the Warren and Levant to Norfolk.
Very respectfully, yours,
GEORGE BANCROFT.
Com. W. B. SHUBRICK,
Appointed to command the U. S. naval forces in the Pacific ocean.
No. 12.
[CONFIDENTIAL.]
UNITED STATES NAVY DEPARTMENT, Washington, November 5, 1846.
COMMODORE : Commodore Sloat has arrived in this city, and delivered your letter of the 28th July ult., with the copy of your address to the people of Cali- fornia, which accompanied it. The department is gratified that you joined the squadron before the state of the commodore's health rendered it necessary for him to relinquish his important command.
The difficulties and embarrassments of the command, without a knowledge of the proceedings of Congress on the subject of the war with Mexico, and in the absence of the instructions of the department, which followed these proceed- ings, are justly appreciated; and it is highly gratifying that so much has been done in anticipation of the orders which have been transmitted.
You will, without doubt, have received the despatches of the 15th of May last, addressed to Commodore Sloat; and I now send you, for your guidance, a copy
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of instructions to Commodore Shubrick of the 17th of August. He sailed early in September, in the razee Independence, with orders to join the squadron with the least possible delay. On his assuming the command, you may hoist a red pennant. ' If you prefer, you may hoist your pennant on the Savannah, and return home with her and the Warren.
The existing war with Mexico has been commenced by her. Every disposition was felt and manifested by the United States government to procure redress for the injuries of which we complained, and to settle all complaints on her part, in the spirit of peace and of justice which has ever characterized our intercourse with foreign nations. That disposition still exists ; and whenever the authorities of Mexico shall manifest a willingness to adjust unsettled points of controversy be- tween the two republics, and to restore an honourable peace, they will be met in a corresponding spirit.
This consummation is not to be expected, nor is our national honour to be maintained, without a vigorous prosecution of the war on our part. Without being animated by any ambitious spirit of conquest, our naval and military forces must hold the ports and territory of the enemy, of which possession has been obtained by their arms. You will, therefore, under no circumstances, voluntarily lower the flag of the United States, or relinquish the actual possession of Upper California. Of other points of the Mexican territory, which the forces under your command may occupy, you will maintain the possession or withdraw, as in your judgment may be most advantageous in the prosecution of the war.
In regard to your intercourse with the inhabitants of the country, your views are judicious and you will conform to the instructions heretofore given. You will exercise the rights of a belligerent; and if you find that the liberal policy of our government, in purchasing and paying for required supplies, is misunderstood, and its exercise is injurious to the public interest, you are at liberty to take them from the enemy without compensation, or pay such prices as may be deemed just and reasonable. The best policy in this respect depends on a knowledge of cir- cumstances in which you are placed, and is left to your discretion.
The Secretary of War has ordered Col. R. B. Mason, Ist United States dra- goons, to proceed to California, via Panama, who will command the troops and conduct the military operations in the Mexican territory bordering on the Pacific, in the absence of Brigadier-general Kearny. The commander of the naval forces will consult and co-operate with him in his command to the same extent as if he held a higher rank in the army. In all questions of relative rank, he is to be regarded as having only the rank of colonel.
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. You will relinquish to Colonel Mason, or to General Kearny, if the latter shall arrive before you have done so, the entire control over these matters, and turn over to him all papers necessary to the performance of his duties. If officers of the navy are employed in the performance of civil or military duties, you will withdraw or continue them, at your discretion, taking care to put them to their appropriate duty in the squadron, if the army officer commanding does not wish their services on land.
The establishment of port regulations is a subject over which it is deemed by the President most appropriate that the naval commander shall exercise jurisdiction. You will establish these, and communicate them to the military commander, who
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will carry them into effect so far as his co-operation may be necessary, suggesting for your consideration modifications or alterations.
The regulation of the import trade is also confided to you. The conditions under which vessels of our own citizens and of neutrals may be admitted into ports of the enemy in your possession will be prescribed by you, subject to the instruc- tions heretofore given. To aid you, copies of instructions to the collectors in the United States, from the Treasury Department, on the same subject, are enclosed. On cargoes of neutrals imported into such ports you may impose moderate duties, not greater in amount than those collected in the ports of the United States. The collection of these duties will be made by civil officers, to be appointed, and subject to the same rules as other persons charged with civil duties in the country. These appointments will be made by the military officers, on consultation with you.
The President directs me to impress most earnestly on the naval officers, as it is impressed on those of the army, the importance of harmony in the performance of their delicate duties while co-operating. They are arms of one body, and will, I doubt not, vie with each other in showing which can render the most efficient aid to the other in the execution of common orders, and in sustaining the national honour, which is confided to both.
You will make your communications to the department as frequent as possible.
The great distance at which your command is placed, and the impossibility of maintaining a frequent or regular communication with you, necessarily induce the department to leave much of the details of your operations to your discretion. The confident belief is entertained, that, with the general outline given in the instructions, you will pursue a course which will make the enemy sensible of our power to inflict on them the evils of war, while it will secure to the United States, if a definitive treaty of peace shall give us California, a population impressed with our justice, grateful for our clemency, and prepared to love our institutions and to honour our flag.
On your being relieved in the command of the squadron, you will hand your instructions to the officer relieving you.
I am, very respectfully, your obedient servant,
J. Y. MASON.
Commodore R. F. STOCKTON,
Commanding United States naval forces on the west coast of Mexico.
ADDENDA.
WAR DEPARTMENT, Washington, January 11, 1847.
SIR : Your communication from Santa Fé, of the 22d of September, accom- panied 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 No- vember 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
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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 guid- ance 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 esta- blished 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 that 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 terri- tory 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 circum- stance the least restricted.
It is important that the extent and character of our possession in the territories conquered from the enemy should not be open to question or cavil. This remark, though having reference to all our acquisitions, 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 con- tinuously 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 Fé, with instructions to conform his conduct to the views herein presented.
Very respectfully, your obedient servant,
W. L. MARCY, Secretary of War.
Brig. Gen. S. W. KEARNY,
Commanding U. S. Army in California, Mexico.
-
[CONFIDENTIAL.]
NAVY DEPARTMENT,
January 11, 1847.
SIR : Your communications, dated at Monterey on the 18th and 19th of Sep- tember, were received at the Department on the 26th December ultimo, by the hands of Mr. Norris, whose activity and intelligence in executing his orders en- title him to my thanks.
You will probably have received before this can reach you my despatches, which were intrusted to Lieut. Watson, of the United States Navy, under date
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of the 5th of November, in which, as Commander-in-chief of the United States naval forces in the Pacific, you were informned 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 transmitted to Congress on the 8th of December ultimo, with the accompanying documents, including the reports of the War and Navy Departments. I also send you a printed copy of the document No. 19 of the House of Representa- tives.
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 suggestion that " a general ap- proval 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 belligerents.
The possession of portions of the enemy's territory, acquired by justifiable acts of war, gives to us the right of government during the continuance of our pos- session, and imposes on us a duty to the inhabitants who are thus placed under our dominion. The 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 belli- gerent 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 federal 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 conquest, depends on those on whom the constitution imposes the duty of making and carrying treaties into effect. Pending the war, our possession gives 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 pro- perty 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
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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 representa- tion 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 on the 5th of November last, that " under no cir- cumstances 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 in- habitants 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 amelio- rations of the despotic character of martial law, and constitute checks, voluntarily and appropriately submitted to by officers of the United States, all whose in- stitutions 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 right 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 interest, to agi- tate 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 army and navy 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 in the Territory, if it can be done without detri- ment to the public interest.
Very respectfully, your obedient servant, J. Y. MASON. Commodore R. F. STOCKTON,
Commanding U. S. Naval forces west coast of Mexico.
EXTRACT OF A LETTER, DATED
PUEBLA DES LOS ANGELES, CALIFORNIA, June 22, 1847.
DEAR SIR: The ship Loo Choo, one of the transports that brought out a por- tion of the New York regiment, being about to return home, I avail myself of the opportunity to write a few lines.
Since the departure of Gen. Kearny, who left some weeks ago for the United States, little of importance has transpired here. The country now, as then, is perfectly tranquil, and there is nothing to indicate a change of this desirable state of things, unless it be for the better. Some of the Californians who left their homes for Sonora, are returning here. They give deplorable representations of
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the condition of that country. I am advised by those who have come in, that many families, respectable residents of Sonora, are making arrangements to re- move to California, and from a conviction that they will be sure of a permanent and good government under the American flag, and under the full belief that Mexico cannot extend to them aid and protection, and that farther persistence in rebellion will be unavailing.
Another reason for their acquiescence in a state of things which they cannot prevent, deserves to be mentioned in justice to the volunteers. The conduct of our troops since they set foot here has been such as to inspire the Californians with respect and confidence towards them and the nation of which they are, as it were, the representatives. This confidence and good feeling are manifested in a thousand ways which I have not the space to particularize. It is enough to say, that they seize upon every opportunity to avail themselves of the mechanical skill and ingenuity of the troops, when they are at liberty to engage in their wonted avocations at home ; and at such times the troops have as much employment from the native inhabitants as they desire or can attend to.
We have now at this post nearly completed a strong fortress. It has been erected by the troops on a hill that commands the town and the surrounding country. This, of course, will effectually suppress any attempt at insurrection, as every effort must inevitably involve all engaged in it in a common calamity.
The Mormon force here and at San Diego consists of about 360 men. Their term of service expires on the 17th of July. They have been invited to re-enter the service for another year, but at present there is not much prospect of their doing so. This is extremely to be regretted, for they are an orderly, quiet, and peaceable set of men, submitting without resistance or a murmur to the severest discipline, and altogether a most useful and efficient body of men.
The regiment of New York volunteers is now very much scattered, being dis- tributed among different posts, from Sutter's settlement on the Sacramento to La Paz in Lower California-a distance of 1500 miles. The regiment will never probably be together again while in service. They will dearly earn all they receive from the government. The hand of American industry and enterprise is plainly to be seen wherever our troops are stationed. Bricks are burned, ovens built, chimneys erected, saw-mills put into operation, and comfortable houses constructed wherever timber can be had.
Watches and clocks, too, are sent to these stations from a distance of fifty miles, to be repaired; cloths brought to be made into clothing ; leather to be made into boots and shoes; and at one of the posts a tannery has been esta- blished ; and at Monterey two of the New York volunteers, who are employed by the commissary, have opened a stall at which beef, lamb, veal, and mutton, can be, purchased dressed in Fulton market style. They are doing remarkably well, and even the inhabitants who have been in the habit of slaughtering a bullock in the streets for their own use, are abandoning the habit and patronizing the New York butchers.
These are specimens of what is going forward here in the way of civilization and improvement under the sway of the United States government and its arms. All can do well here who choose to help themselves and become useful. But I have no more time to write.
THE END.
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