A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk
History
A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk
Polk, James K. (James Knox), 1795-1849; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
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.
Public-domain text, read in full here on John Shaqi.
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