The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-12

they bring with them. But state Of hostilities, as
contradstingushed from these relations, is new
chapter in the law of nations to me. Our constltu-
ton is equally silent upon the subject supposed,
heretofore that If We not at peace with coun-
try we were at war with It. had TO learn that
there was AN intermediate state creating new rights
and duties which | am afraid II Will be dihlcult TO
find unless a new Grotlus starts up uponfhe OCCASION
The senator from Missouri Mr.. BENTON has cor
rectly stated that there may be without bosutes,
and hosulIties without war. Belhgereit operations
may be temporarily suspended, and there may be
acts of aggression which may be called hostillues,
which may be committed without the authority Of
government Rencontres, for instance between
ships-of- war, predatory lncursions across the
boundary of a country. But there can be no hostl'
tiles undertaken by government which do not con-
sttute state of Warts fact, sir, created by
effort made by nation 10 lnlure another. One
party may make war, though it requires two par
ties 10 make peace The senator from South Car
olina contends that as Congress alone have right,
by the constitution declare war, therefore, there
be till is thus declared. There 10 here
very obvious error. IL is certain that Congress
alone has the right TO declare That is, there Is
no other authority in the United States, which, on
our part change the relations OF peace with an
other country into those Of war. No authority but
Congress can commence an aggressive war But
another country can commence war against us
without the cooperation OF Congress. An
other country can, at Its pleasure, terminate
the relations Of peace with us, and substtuts for
these the relations Of with their legitimate con-
sequences War may be commenced with or with-
Out a previous declaration. IL may be commenced
by manifesto announcing the fact 70 the world, or
by hostile attacks by land or sea. The honorable
senator from Virginia Mr.. PEsHYBAcKER, has
we'll stated the modern practice Of nations upon this
biect. He has referred both TO facts and author
itles showing that acts Of hostility with or without
a puhlic declaration constitute state OF war. II
was thus the war Of 1856 was commenced IL was
thus / believe, commenced the war between
England and France during our revolution. The
pence Of Amleas was terminated by an act Of
hostility, and not by public manifesto. The CAP
uire Of the Danish feet preceded by no deCla-
ration of the intentions Of the British government
Our own war OF 1912 was declared on the 18Th Of
June. The manifesto Of the prince regent, declaring
war against u.s. was not issued ull January 10Th,
| 1913. And yet long before that our borders had
been penetrated in many directions, an army
| had been subdued and captured, and the
whole Territory OF Michigan had been overrun
and seized. All these facts prove conclusivey
! that II Is state of hostllites that produces
war, and not any formal declaration. Any other
construction would lead to this practical absurdy.
England, for instance, by an act Of hostility or by
a public declaration announces that she Is al war
with us. If the view presented by the honorable
senator from South Carolina is correct, we are not
| at war with her till Congress has acted upon the
subject One party then il at war, while the other
is at peace; or, at any rate, in this new intermediate
state of hosllIties, before unknown TO the world.
| Now, sir, 1t is very clear that Mexico Is at war
! with u.s. we at war with her. II she terminates the
| peaceful relations between the two countries they
| are terminated whether we consent or not. The
new state of things thus created does not depend
upon the will of Congress The two nations are at
war, because one of them has chosen to place them
both in that attitude. But sir, it is commended by
Of the senators that, the present case, there
Is evidence that the invasion Of our territory
has been authorized by the Mexican government
and until that authority shown, the act itself does
not constitute state of war. | have already
said, SIR that there may be accidental or
unauthorized rencontres which do not therefore
constitute war. The of the "Little Belt"
of that description. But the nature and circum-
stances of an aggression sufficiently indicate its true
character and consequences. Mexican army in
vades our territory. The President calls upon Con-
gress for the necessary means to repe and punish
this act of aggression. And we are met forsooth at
the very threshold OF our proceedings that il does
not appear that this INVASION has been committed by
the authority Of the Mexican government. Why,
| sir, what evidence is required under such circum-
stancesl Do you want such as is req uired by a
county court in investigating claim for fifty dol
IarsS Must we have certificate from justice of
the peace of Mexico that the President Of that
public has directed this attack upon our territory
And whatever evidence may be required, how long
| we TO wait for IL How far may tie invaders
march before we are satisfied that we are at war
with Mexico' Why, sir, such state of things
must be judged by moral evidence, by the circum-
stances attending it. 1t might be enough to say that
the invasion itself throws the responsibility upon the
Mexican government and is a sufficient justification
for us in holding that government accountable The
| negative proof Is not upon US. The moral pre-
sumption is sufficient for action. But, sir, there
is much more than the bare fact of invasion to jus
| fly the conclusion that we at war with Mexico
| The government of that country has protested ever
| he fret pf he ayuttpp If rTava
| and has announced its completion a casus beH
| They have Withdrawn their minister from the Uni
| ted States, and broken off all diplomatic relations
| with u.s. They have refused TO recognise, and have
treated with contumely minister charged with
| full powers to adjust all matters in dispute, and
whom they solemnly promised to receive. They
have collected an army upon frontier, and have
sent to assume its command one of the first military
officers in the republic He summoned General
| Taylor to retire, or that war would Immediately
| commence His summons being disregarded, he
| commenced the war by crossing in force into our
territory, by attacking ourroops, and by surrounding
our army. Now, sir, | appeal to every senator
on the other side Of the chamber if he does not be-
lieve that all this has been done by order of the
| Mexican government | presume there ia not a man
within the sound of my voice who will not say that
| in his opinion, the Mexican general has acted under
| the direct instructions of the Mexican government
| And are we now to be told sir, that must sit still
| TIL we ascertain whether his acts have been avowed
| or dscaimedl No, sir. A hostile army is in our
country; our frontier has been penetrated foreign
banner floats over the soil of the republic; our cit
zens have been killed, while defending their country;
| a grent blow has been aimed at u.s. and while we
are talking and asking for evidence it may have been
struck and our army been annihilated. And what
| them The triumphant Mexcans will march on
wards Till they reach the frontiers of Louisiana, or
till we receive such formal certificate of the inten
| TONS of the Mexican government as will unite us
| IN a determination to recognise the existence
of the war, and to take the necessary meas
| ures to prosecute 1t with vigor. 1t has indeed
been suggested that acts of hostility to constitute
state Of war must be directed by the legitimate au-
| thority of the country; and If not constitutional at
home, they cannot be operative abroad. This is
not the least strange among the strange principles
we have heard advanced to-dny. What have we
to do with the constitution of Mexico What have
we to do with the powers of her President, of
her Congressi 1t ia not for us to stop in the midst
| Of our deliberations to turn over the pages of the
last so-caed constitution of Mexico and to seek
how the powers Of government are divided among