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the legislative power. In this view of the subject, it will be seen that all the powers which it is necessary for the President to possess, are provided by the Constitution, while the dangers which might result from the occupancy of the Presidential chair, by a man too ambitious and unscrupulous, are guarded against. The power, then, to establish all governments necessary to preserve our conquests in New Mexico, is obviously derived from the position of Mr. Polk as the Commander-in-chief of the army.

Passing to the consideration of the attack made in Congress upon Mr. Polk, because he had established through his subordinate a civil government in that portion of the country, which he had himself, in effect, claimed to be a part of Texas; I can only say that Santa Fé belonged either to Texas or Mexico. If to the former, it was nevertheless in the possession and under the control of the Mexicans, at the time the force under General Kearny seized it for and in behalf of the United States, and held it under the necessities of the case, by military possession. If, on the contrary, it belonged to Mexico, it was rightfully held as a conquered province; and in either point of view Mr. Polk was guilty of no act of usurpation.

About the 15th of December, 1846, Colonel Price, who had been left in command of New Mexico, received information of an attempt to excite an insurrection among the people of that section of the country. On the 19th of January, 1847, Governor Bent, together with five other persons, were murdered at Taos. This was quickly followed by

other butcheries in that vicinity. Colonel Price was informed of these events on the 20th of January, and also that the Mexicans were advancing upon Santa Fé. He at once resolved to meet them. His force amounted to only three hundred and fiftythree rank and file. The enemy were concentrated near the town of Cañada, in the vicinity of the Rio del Norte, and were intrenched upon the heights commanding the road to that town, and had fortified three strong houses at the base of the hill. The American artillery was immediately opened upon these positions, and in a short time the Mexicans were flying in every direction. The number of the enemy was estimated at 1500, and his loss was thirty-six killed. The loss of the Americans was two killed and six wounded.

Some six hundred Mexicans were discovered upon the hills the hills near the pass of Embrido, who were repulsed by two hundred Americans. The enemy retreated, and fortified himself, to the number of six hundred, in the Pueblo de Taos, a place of remarkable strength, whither he was followed by the Americans, now numbering about 490 men. It was surrounded by adobe walls and strong pickets,* and inclosed several buildings of sufficient capacity to hold several hundred men. On the 3d the artillery opened upon the place, but without much effect. The batteries re-opened upon the town on the morning of the fourth. The guns were not of sufficiently large calibre to penetrate the walls of the church, and it

* See report of General Price to the Adjutant General, February 15th,

was determined to storm that building; and Lotwithstanding the most desperate resistance it was taken, not, however, until a six-pounder was brought to bear within ten yards of its walls. On the 5th the enemy proposed terms, which were accepted. His loss was one hundred and fifty killed, while that of the Americans was seven killed and fortyfive wounded. The severe chastisement inflicted upon them for their dastardly murder of Americans produced a salutary result, which was not the less effective from the fact that it was performed by greatly inferior numbers.

The war thus far had been triumphantly successful, and whatever disparity of numbers were engaged, victory always perched upon the American banner. It should not be supposed that the enemy were easily defeated. Their constancy under the most appalling fire, when the iron hail from our flying artillery crashed through their ranks, would have done honor to the most resolute veterans. At Palo Alto, where that instrument of death swept away their columns, they displayed the most undaunted courage; courage; and at Resaca they made a gallant stand in the face of the American infantry and artillery, when bayonets gleamed, and grape and canister decimated their ranks.

CHAPTER VIII.

General Scott directed to proceed to the seat of war.-General Taylor advised to act upon the defensive.-Complaints of General Taylor.-Movements of Santa Anna.-He advances upon Agua Nueva.-Battle of Buena Vista.-General Scott takes Vera Cruz and the castle of San Juan D'Ulloa.-Capture of Alvarado.-Victory of Cerro Gordo.-Jalapa and Perote fall into the hands of the Americans.-Appointment of Mr. Trist as Commissioner to Mexico.-Puebla is surrendered to General Worth. -Arrival of reinforcements from the United States.-The American army enter the Valley of Mexico.

SOON after the war commenced, General Scott laid down his plan of operations for its prosecution; and although at the time it was considered rather too elaborate and complicated, yet it may well be a question whether he did not write more understandingly than any one whose views were presented. To repulse an enemy from our territory, and to carry the war from our own borders into the heart of his territory, required not only great military skill, but necessarily demanded the expenditure of a large amount of money. To organize and discipline the men, to furnish transportation, to provide supplies, to obtain the requisite amount of arms and ammunition, required no ordinary foresight and sagacity. In addition, thereto, an attempt was to be made upon a hostile coast, with what was regarded as an impregnable fortress frowning upon them. To surmount all these obstacles, the splendid

military talents, and great experience of the Commander-in-chief of the army was called forth. On the 23d of November, 1846, General Scott received orders from the Department to repair to the seat of war, and organize an expedition to operate on the Gulf coast.* The operations of General Scott were not controlled by positive instructions, but he was left to the dictates of his own judgment in forming and executing his plan of the campaign. In the mean time, General Taylor was directed by the War Department to act upon the defensive,t and was informed that it was not advisable to penetrate beyond Monterey, while the expedition against the sea-coast was advancing. Especial care was taken by the War Department to impress upon the minds of Scott and Taylor the danger of an attack by Santa Anna in the direction of Monterey, while the former General was advancing towards Vera Cruz. Taylor himself admits, that he was advised by the Commander-in-chief to evacuate Saltillo, but that he was fearful of the moral effect upon the volunteers.§

On the 15th of January, 1847, Taylor wrote his somewhat celebrated letter of complaint to Scott, in which he alludes to the number of regulars that were withdrawn from his line of operations, leaving him with less than 1,000 of that description of

* Letter of the Secretary of War to General Scott, November 23d, 1846.

+ Letter of the Secretary of War to General Taylor, January 4th,

1847.

Letter from Marcy to Scott, January 4th, 1847.
February 7, 1847.

Letter of Taylor to Scott, January 15th, 1847.

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