The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-09-02

in the United States, at all conversant with consti-
tutional law, who would not charge the President
with deIelicion ofpubic duty, il he were quietly
to wait for an inrasion Of territory, when Ne had
every assurance that preparations were made ior
that purpose--werc he not to take the precautionary
measures according 10 the pnrvlew of the constitu-
ton, by holding the militia IN readiness 10 meet the
invaders at the very threshold Certainly. IL IS
the duty of the President TO be prepared for any
emergency which may arise from the present
position of our affairs with Mexico; and parc-
ularly when has been heralded forth TO the world
that the Mexican authorities had called upon Con-
gress to raise loan Of fifteen millions Of dollars for
| the purpose of reconquering Texas; which we are
bound TO protect and defend, according to the terms
ofthe joint resolution which passed the American
Congress, and were accepted by the constituted au-
thorities ofTexas. According TO the terms Of the
joint resolution the President has exercised his con-
sttutonal prerogatiye, within the meaning of the
letter and spirit Of the constitution, by ordering the
troops Of the United States to occupy and defend
the Texan territory from any invasion which Mex
| leo might make for the purpose of reconquest.
| The difference between the Intelligencer and the
President upon this subject, is simply this: The
President is actuated in this matter by AN American
heart and by firm determination to give 10 the Tex
ians all necessary protection, according to the terms
the joint resolulion while the lnelgencer is direct
ly opposed TO annexation in every shape and form
even TO that portion east of the Nueces; but, to make
show of patriotism, he admitted our right 10 occu-
and commended in the BREATH that if our troops
occupied that portion of Texas west of the Nueces,
il would be an invasion Of Mexican territory, and
virtually declaration of war the part of the Uni
ted States. This impression has taken hold of the
public mind in Mexico, and the authorities are pre-
pairing for such an emergency. They will not make
u formal declaration Of war, but simply adopt the
sentiments of the lnteligencer-that we have "ara-
ded their territory" which is according the law of
nations virtually declaration of war.
| The dilemma into which the editor of the Inte-
gencer has fallen is one from which he cannot ex-
tricae himself. lie acknowledged that we had a
right to occupy that portion of the territory east of
the Nneces; but he has not given the American peo-
pie the reasons why he came to this sage and patr-
otto conclusion Has not Mexico always claimed,
since she achieved her Independence from Spain,
the Sabine as her eastern boundary Most undoubt-
eddy. Then according to every reason of national
law, if Mexico has claim to any part of the ter
ritory of Texas, she has 1t to the whole, and not
simply to part. Every candid mind must admit
that previous to the Texan revolution, after the
country had been surrendered to Spain by John
Quincy Adams, it belonged to Mexico by revolu-
tom and the same equally applies to Texas She
revolutionzed, and asserted and maintained her in.
dependence which has been recognised by England
France, and the United States The battle of San
Jacinto settled finally and forever the right of Mex
leo to Texas and the Texans established a consti-
tutional government based upon the broad princi-
pies of republicanism and in the first Congress
were members chosen from the following
counties, lying east and icea of the Nueces,
to the Rio Bravo del Norte to wit: San Pa.
tricio Refugio, and Goliad. The representatives
from these countless in the Texian Congress- have
performed all of the attributes belonging to the rep
| resentative character. The people whom they rep
resented have borne their share of the burdens of
war and taxation, and are, consequently, as much
portion Of the sovereign people of Texas, those
who reside cast of the Nueces If the constitution
al and legal doctrines Of the editor Of the National
Intclgencer true in relation to the power of the
Executive, il would be impossible for him to
"I &c fu,rs be faithfully ertcuied" Suppose, for
the sake Of argument that the regular force at his
disposal were insufficient for the present emergency;
how could the Executive, under such an interpreta-
ton Of his constitutional and legal powers, denying
to him the right of calling into the public service the
militia, see "hai the Lncs be faithfully erecuied2" The
oct of Congress of l79S gives him the power to
call out the militia ''whenever the United States
shall be invaded, or be in imminent danger Of nva-
sion, from any foreign nation or Indian tribe" &c.
Is not the Joint resolution of annexation, which
passed the American Congressman was signed by
the President, the law of the land fits, las must
be admitted by every candid mind } how could the
President have carried the law into operation, with
out having the power to cal out the militia in aid of
the regular troops' The constitution gives to Con-
gress the power "io prouide for calling forth hema
to erecue the a'es Of The Unica, suppress srection,
and repeI nrasioa - and the law saws nminent dan.
the constitution, the President as the commander-in-
chief Of the army and navy of the United States,
has the power to deiegdie that tac,i to one of our
generals, who is presumed to be Off tie discharges
his duty faithfully better. acquainted with the de-
signs of the Mexicans the frontier than the Pres
dent can be- The idea that the editor of the Intelligent
Ger should, at this important crisis of public af-
fairs, have discovered mode ofinterpretng the
laws, from the one he had previously adopted, to
check the action of the President in relation to an
nay IN H.. .t,I
States has labored more faithfully than himself to
make the constitution as elastic as piece of India
rubber, that it might be stretched to and cover
every species of construction that the whig party
deemed necessary and proper" to carry into effect
their cherished principlcso wit: the establishment
of bank of the United States; the distribution of
the proceeds Of the public lands; to create cor
porntlons; TO establish a system of protection, &c.
But nowhere in the constitution can the learned
editor of the lntelligencer put his finger upon that
clause which delegates to Congress the power to
carry into effect any Of his cherished principles,
which he deems necessary and proper" for the per-
petuation of wing ry. He is, in fact now taking the
ground which the rebeious governor of Massachu-
sets did during the ofl8l2, about the call for
the militia The only. conservative power vested
by the constitution in the President-the veto-the
editor has abored hard to have abolished; and it was
made one of the leading questions during the late
presidential election, Why was this' Because, by
the action of the President, one of the coordinate
branches OF the government, he checked the mad
career of those who were Fastening the government
to consolidation, the bane of our beautiful confeders
ton of States. Without the veto power being veste
in the President, the Legislature would be absolut
and there would be no shield between them and Il },
people. This was favorite theme of the editor of
the Intelligencer.
The course pursued by the National Intclligencer,
and some other wing papers, after the passage of the
resolution for annexation has been anything but
patriotic They have attempted to create disatlection
in the public mind of some of the States who were
opposed to annexation; and it is currently reported,
after discovered that the President had deter
mined, if 1t was necessary to defend the honor of the
country, to call into service volunteers, that secret
pledges have been circulated in Massachusetts to
prevent her patriotic citizens from entering the SER
vice Of their country; but there are as genuine pa
trots IN that old Commonwealth among The den,oc-
racy, as there are in the Union. While discussing
this subject few days ago with warm and potr-
otto Texian he emphatically said: "Sir can we ex-
pect ANYTHING from federaI 40 oc