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Fiske, John, 1842-1901

"Volume 4, part 3: James Knox Polk"

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.


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