The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1845-01-14


quite as regular that OF stout Ethan Allen and hS
handful of volunteers, when the old soldier more
than year ia advance OF the Declaration OF lhdo-
pendenee Numbered AT the gates OF 1lcoodefosa,
aud bade her surrender :" in the name OF the great
Jehovah and the Continental Congress-"
But all this, repeat, touches but the bark oil the
controversy. Let US penetrate that, aud reach il'
substance at once.
Texas is an independent Republic, occupying a 80
parate aud equal station among the nations oil 'ho
earth legally possessing her own SOIL lawfully ad-
minstering her own iaws,-or, she rs but rovoiiou
province over which Mexico has preserved all nor
rights her government but provisional usurPation'
the title her territory still IN the mother country
Settle that one po'nt-and, regards the question
10 It's foreign relations, every thing Is settled
IL seems strange To me, that we should yet DC re
CURED TO argue such question. And yet We are
Day after dag pour forth from the leading journals
of our opponents protests and denunclauons. we
who favor annexation are IL their words are TO DC
taken for il, but band of land robbers, on mTgn-
hcent scale lesgued together for the asowed pur,
pose Of hlchng from Mexico, without a color OF
right some two hundred million acres OF her lawful
territory. History is ransacked for examples oil
similar prohlgste ambition; and, IN recent numoeI
Of the National lntelgencer, (of December 2sD
our government is hkenod, without scrupo, TO ina
polite warrior and lyrant, Frederick the Great )
who, having cast an eye Of logging upon part OF
neghboring realm which suited him" babe hls MIN
iser prepare manifesto, making clear the justice oil
his title. The Minister obeyed, setting forth the
intended act OF rapne as an errand OF grace mercy
and Justice"
"All this" adds the Inteligencer) " the Minister
dressed up IN a very captivating form nothing couid
be rghtful, nothing necessary for his own
safety from eDcroaching neighbors, nothing more
charitable, nothing for the glory OF God and The
Advancement OF religion. Stop" cried Frederick,
when his Minister 10 that part Of the Maniios-
TO; leave out God and religion: want pro-
vince 20"
Similar accusations hnd a voice on this hoor.
gentleman from Massachusetts, MIR. Winlbropl
whose character and standing give weight to the
charge and demand for II reply scrupled not, but
the other day. TO denounce the proposed act OF an
AeXation as a scheme monstrous beyond all power
OF expression )" as project, CONTRARY to the law
Of natious and in violation Of the good faith Of our
own country" My colleague Mr. C. b. Smith
who has Just spoken, takes the very same ground.
lie characterized the plan Of annexation as an at
tempt " TO rob Mexico Of part Of her territory
Now, sir, | for one, when | give my yote-as ]
hope this session TO give i-iOI the annexation OF
Texas TO these United States, not willing to give
It silently, under such lmputatons. Let our opPo'
n"nts here prove To us-not assert II mcrely-thst
this projected annexation is but " act of rapne;
that It is trampling under foot of justice morality,
and good faith, International law-that we have no
better excuse for II than this, we want proyince
and If all the dreams OF Marco Polo realized
in Texas # there, at last to be found. Cipan'
COS shores OF gold the treasures OF Anta-
not by my vote should even such a land, wrong
fully wreSted from weaker neghbor, become part
Of this, yet undshOnofed, Union.
But IN proof Of charges 80 grave, there lacks some
thing beyond mere idle iteration. There lacks proof
that Texas is not All independent State. MAINTAIN
that she is and If tue committee will give bnef stlen
ton, purpose to show, somewhat at large than
on previous occasion, good cause for the opinion.
Not lightly should this question be approached ;
not heedlessy decided. Let US bewarel The fate
OF our offspring the destinies of our desce ndsnts
may hang upon the decision. We, of the Wesl
pecally, a. birds of passage. Our instinct at
tracts us to regions distant and new. In Oregon or
elsewhere the question may ARISE, as now, what is
just revolution, and what, lawless revolt. In iudg
ing the Texans to-day, may be deciding, Of our
own children, in after years, whether they shall be
held to be heemen, merting honor, or traitors de-
serving death
Leaving out of view the prime cause of the Tex
ian rsyelutlon-that violation of the funda nent
laws, which Vartel declares, gives TO a soveregns
subjects "a legal right To resist him"-paSsing by
that we come TO the fact that, nire years ago Mex
co and Texas engaged in war. Texas was success.
full. She conquered, and has since peaceably pos
sessed, her t'rrltory. Has she now a good title to
tina, terrory' Has she right to convey it TO whom
she will? Let GTotus answer; Grotius writing Two
centuries ago; writing under the eye ola kiog-dcd
lcating his celebrated work to King. Our Wing
friends cannot accuse me of dragging in the radical
ism of some modern innova,or, to sustain my posi-
ton presume to hope that the counsellor of Queen
Christina, when he happens to decide in favor Of
liberty will not be rejected by them ultra demucra-
tic authority. Yet mere IS bis doctrine
"According TO the law of nations, not only the
person who makes war upon just grounds; but any
ohasper engaged in regular and formal ,car becomes
absolute proprietor Of srery thing which he takes from
the enemy-so that all nations respect his tile, and the
title Of all who ds,ire through him their claim TO such
POSSESSIONS which, to all foreign relations, constr
lutes the true idea of dominion"
As TO the principle according to which the words
takes from the enemy" are 10 be construed, Gro
tius adds:
In this question upon the rights of war, nations
have decided that person is understood TO have made
a rupture, when he deans thing in such a manner
that The opner has abandoned all probable hopes Of recon-
ering it,"
In regard to ships, FOR example, they held to be
captured, Grotius says when they are carried into
some Of the captor's ports or TO some place where
their whole fleet is stationed" A nd as to personal
effects generally, he informs that European pow
ers have made it an established maxim Of the Law
Of nations" that captures shall be deemed good
and lawful which have continued in the enemy's
possession for the space of twenty.four hours J"
he W iabpe 'ho II TUG Ndfnt, out the aI~
picaton somewhat different. Grotius' words are
Lands not understood to become a lawful
possession and absolute conquest from the moment
they invaded. For although it is true that an ar
my takes immediate and violent possession of the
country which it has invaded, yet that can only be
considered as temporary possession, unaccompanied
by any OF the rights and consequences alluded to in
this work, Till it has been secured by some durable
means, by csssion, or by treaty.
And little further on is an example Of the "du-
rable means" here spoken of. He says
snow land will be considered completely conquer
ed when it is enclosed and secured by tortf
cations that other state or sovereign can have
free access to it without first making themselves mas
tiers Of those Notifications On this account Flaccus
the Siclian, assigns no improbable conjecture for
the origin of the word territory, because the enemy
is deferred from entering it.'
Here, without cession, without treaty Notifications
held To he 'tduroblp mr. In