Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-05-22
THE ENQUIRER.
RICH MOND, VA.
Thursday Morning, May 81, 1916.
WAR" AND A estate OF Wharf.-The
DIFFERENCE.

DIFFERENCE.
Under this caption, on Saturday last, our
neighbors Of The "Times" undertook 10 carry on
the Estate OF war" which has existed for some
time on their part towards the Administrator
They commence their article with the grave
questions-"Are we really at war with Mexico
or are We not2" Are the relations OF the TWO
countries subject TO all the incidents OF war r
care neutral nations 10 act towards either as
though war had been formally declared and was
actually rendng7" "These are questions Whicn,
strange 10 say, admit Of serious speculation
And they add "The veries,lyro in polltlcs heeos
not to be informed that mere hostile collisions be-
tween the citizens or the armies OF TWO nations
do not necessarily constitute war. INVASION,
without a declaration OF war, may be cause OF
war, but il is not war itself. II is an act which
may be peacefully aloned By negotiation"
We have been at a loss TO perceive the dite-
renee ourselves between war and slate oil war.
Our neighbors seem 10 think that there can DC
no war without, formal declaration. INVASION,
without declaration, is mol war itself: this then,
in their minds, must BE- The state Of war. Ac-
cording 10 the writers upon the law OF nations,
"War is that state in which nation prosecules
its right BY force" The act, therefore, OF prose-
cutting right by force is state OF war There
are a, leas, two sides 10 every contest Each ma
tion may consider itself right; and each may
prosecute that right, or imaginary right, by force
II is no, nee essary that both should make Tor
NAL declaration Of war. The aggressive nalion
generally declares war-lhe defending nation &c.
Morally contents itself with making resistance %
aggression.
According 10 the distinction attempted TO be
drawn, nation m,it no, only invade another,
but if it have he power might overrun il, and the
nation thus invaded might make all the resist
ance 10 its power and this might continue for an
Indefinite period, and yet, if no declaration Of
war be made BY either party, war would not ex-
Isl, bur il would be merely state Of war; So
say our negh5ors. "The recent conduct OF
portion of the Mexican army, in crossing The
Ria Grande, capturing an American company,
and threatening the whole army Of Gen. Tay-
lnr may be deemed sufficicn, cause o.. war, but
is no., Of itself, war, and cann"t induce the con-
diton OF war" And By parity Of reason, the
same Mexican army might moi only cross the
Rio Grande, but the Nueces and the Sabine, and
penetrate into the very heart Of the Uni'ed States
apturing armies, bomharding cities from Texas
TO Maine. meet with resistance every where, and
bring in their train all the horrors and evils OF
war, and because the nation Of Mexico did mol see
FL 10 declare war, aud the United States did
not deem 1t necessary formally TO announce
10 the world, in an instrument setting forth
their injuries and their rights, that war was de-
clared il would not induce the conditions Of war.
These distinctions are 100 metaphysical for us.
Bur,hey were taken By our neisbbors, that they
might have some ground for cavi and in order
10 give them an opportunity OF casting shell
into the White Honse. The reason urged in
vindicaion OF this splitting OF hairs is rare
specimen OF the same powers Of raliocination:
III is (they saw a just occasion Of surprise
Ind regret that The Congress of the United States
should have been content 10 assume, immediate
y in The preamble to bill granting supplies that
hese proceedings on the Texan frontier have
placed The country in state Of rar. The as
sumption was neither warranted by the law OF
1ations, nor sanctioned by our own Constitution.
L is expressly prescribed by the instrument TO
which The Federal Government owes all its pow
RS, that Congress shall have power to declare
var. If war, then, existed before The passage OF
he late bill, il was not by the authority OF Con-
,ress, Blu, simply by the will OF President Polk,
who despatched an army 10 the banks OF the Del
Nor,e, and thereby induced the present state OF
afairs. Il has come then TO this, that the Presi-
len, has usurped the most important prerogalive
Of Congress, and taken The war-making power
into his own hands, whilst Congress has iamely
submitted 10 The usurpation, and asserted the
war which he made 10 be al actual war"
Here, forgetting that they were maintaining
thai Congress declared the country 10 be in state
IF ,rar, they conclude by stating that Congress
has ramely submitted 10 The usurpaton, and as
serted The war which he made to be an actual
,car." But, aside from his inconsistency, do not
our neighbors perceive that though Congress as
ser, that state ot war exists, no declaration hav-
ing been made by them according 10 the Consti-
tuition. that this may be true, and yet it may be
waged by Mexico, without the President having
usurped The mos, important prerogaiive Of Con-
sress, and taken the war-making power into his
own hands2 II an army invades The territory OF
The o. States, is The President, The Commander in
Chef ofthe Army and Navy OF the United States,
10 permit them 10 devasate our country, and make
no defence until Congress declares war3 Con-
eress might not be in session-it might be impos
sible 10 convene them in time. If in session.
party spirit might rage 10 such an extent as 10
keep them wranglns for months about The proprie-
~ Of making the formal declaration. But it is ex
pressly laid down by Valtel, that "He aho is at
lacked and makes only defensive war, need not
declare il; the state Of war being sufficiently de-
lermned by The declaration Of The enemy, or his
open ho.ilities" And again, in treating of the
declaration OF war and oil the formaliIies incident
10 it, il is laid down that "These TO maliles con-
sis, in The demand Of just satisfaction ('srNm
repe,,,io,) and in the declaration OF war at least
on the part Of him who attacks, defenars war re-
curing no declaration, nor even on urgent occa-
sions, 80 much as an express order from The sove-
reign
Mexico, We contend, both by open hosllities
and bv declaration, has determined the question
Of war. |, will not be forgotten, that her late
Envoy, in formal note 10 The Secretary OF State,
declared that, should Texas be annexed 10 the
United States, Mexico would consider that act
declaration Of war on our part, and would pro
ceei accordingly. Texas was annexed, ia disre-
gard of the threat and Mexico proceeds TO carry
out her design In various official documents,
if we mistake moi, emanalng directly from The
Mexican Government, similar declaration IS
made. And more recently, when our army &C
cupied the left bank Of the Nueces. the Mexican
General declared, in the name Of his Government,
that if the forces of the United States crossed
,ha, river, he would consider that also declara-
ton Of war. Our troops did cross, and Mexico
gathers powerful force TO attack them. Final
", General coming Immediately with the in
structions OF the Mexican Government, and su-
preceding the officer who made the declaration