Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-05-29
rwrNTy-NINTH CONGRESS.

handles The subject, 10 connection win Inc Ia"
nations with tact and force. We had the plea
sure OF hearing Mr. P, and were pleased 10 SEE
what a favorable impression ne produced upon
the Senate and The audience.
IN sESarE-TUEsDAY, MAY IL, 1916.
Mr. pENNYBACKER said, as the question
was one of great importance, ne wouiu assisl
very briefly The reasons lor ms Voe.
D. is not necessary (said MIR. p TO The exist
ence of state OF war, that war should be ue-
clarcd by both or by even either OF the contend
ING parties. There is the highest auihofi'y ="
national law for lie suppoitoi this pos'ion, IL
Bynkershoek (says Chancellor hen'' ,n,.o,ad
Commentaries on American Law mas ue.o;.'
nm, ah.,.e, 10 This { leslon, and he main
,a;ns III, declaration ot war IS not requisite =.
,aa,,r ri nations, and that, though II may very
,.oasrv no made. il cannot be required as mat
,sr If right The practice resls entirely on man
na,s and maenanimity, and il was borrowed from
RE ancient Romans. All that ne contends lot Is,
thai a demand of what acc conce're 70 % aug
should be previously made. we are MOI poun! -
accompany that demand with 'hiea's VI hos',.i3'
or,o tnllow il with public declaration OF wal
- - o;,ss many instances 10 show thai, with
. IN l,he ,wo last centuries, wars have Deen ne
,,,,sn,lv commenced without previous dcclaia-
a Since the time OF Bynkershoek CONTINUES
.SRel i, has become settled by The practice OF ha
rone tbat war NAV lawfully exist BY declafa-
lion which is nataerGt only, or irttaout dseta'1
nom on ettter SIDE. It may begin with mML,.of
Aos,,I,ies Since the peace OF Versailles, IN lioo,
formal declarations OF war OF every hihu seeul ~
ha,. been discontinued and all The necessary ana
LEGITIMATE consequences OF wal flow al once rom
state Of public hosliiilies, duly recognised, ana
.xplictly announced, by domestic maniieslo or
SINE paper In the war between England ano
France 10 ITS the frs, public act on The part oil
The English Government was recalling us WINS
Ter and that single Gct was considered oy france
as a brlGct Of the peace between me TWO hduohs'
,rssys ,ras no other declaration ~ teaT, thouSh
sch Government, eferrardS published mani
fesro in yin1icatiun OF lis claims ana cohuuc,.
The same tnng NAV be said OF the war winch
h,oL. on, in 1893. and again in loO3 and, lnGeea,
J, H.. ,car Of l156-lhouSh solemn ana lolihdi
declaration OF war, in the ancient slyie was u'aoe
in lime l75G--rigoyous host'iaieS had been car
red IN between England and France iT a year
-r-cedtny In the war declared py inc Ch''eo
States against England IN ISL, hosIiiilies were
romedlaiely commenced on our part as soon as
,be ac, Of Congress was passed, without waiting
70 communicate to the English Government any
,,0tice Of our intentions.
To The same effect (said Mr.. P) is the autho-
rity OF Sir w Scott, one OF The most Distinguish
et ridges who ever presided in The High Court
oil Admiralty in the Kingdom OF Great Britain.
He saws: "Bul il is said that the two countries
were not in reality, m STATE ~ %ar because
The declaration was nRttater0I only am, now
eyer perfectly clear that il was not less "a 'r9r On
tsot areouut foy uar May e.r{1 riffoht a decta-
,.,,;op an either SIDE II is 81 laid down by Inc
he>t writer's on The law OF nations. a declaration
q, war b. one country only, IS not, as mas oeeh
represcnted mere challenge, 10 be accepted or
refused al pleasure. Ii proves the existence 81 &C.
tal hositlties on one side al least, and puts Inc
other party also into state Of arer, though ne
may perhaps, think proper to act on the as's"s'rs
valH.s
From these authorities (said Mr.. p Ills clear
tha, war may exist though there may have been
no declaration Of II.
Now if this be so, il follows necessarily that
lie existence OF war NAV be proved by cyl
Ience other than a declaration oil Il. y deciara-
ton OF war, 10 b. sure, i The best evidence OF q
stale Of war, for il IS conclusive upon The Suolec,
and leaves nothing 10 presumption; out, as wal
may exist without such declaration, u ioioWs,
Of coarse that il may be proved by other evidence
Wha, is The evidence, then, before us, that
warexis,s between the United States and Mexico,
twill be remembered by the Senate. that, for
wears long pas, Mexico has entertained hostile
feelings towards The United Sia,es She has
charged our citizens with wrsnching from her
the territory OF Texas. Nay, she has charged
our Government with conGiving at II, II not IN
fact instsatnS it. She protested against the an
nexation OF Texas 10 the United States, and gave
formal notice TO the Government here, that, II The
Joint resolutions should be passed by Congress,
admitting Texas in.o The Union, sue would con-
slider that an acl OF war. On the passage Of the
Govefnment demanded his passports and indis-
nantly Withdrew !Iom the country breathing ven
geance agains; The United States. 10 return cur
Minister a, Mexico was refused all official inter
course with that Government, and was in effect
driven from their counlry thus terminating, by
the acts Of Mexico, all diplomatic intercourse
between the TWO countries. Afterwards she oc.
cnped hostile attitude towards the United
S ates, marshang and organ zng armies, issu-
ing proclama,ions, and avowing The Intention 10
make war on The United States, either BY an
open declaration OF war, or BY invading Texas
These are matters OF history, (said Mr.. P } and
would be evidence IN a coui, ol justice, and much
more are they 80 in political body.
Notwithstanding these things (said Mr.. p The
Plesiden, of the Unued States, actna,ed by a
strong desire 10 establish peace with that country
on the most liberal and honorable terms, actually
Joaght a reopeniug o. diplomatic relations be-
tween the two countries, and sent Minister
there; and how was he treated : He was refused
10 be receivei-not only once but t,rice, and he
was thus compelled 10 leave the country. These
acts OF hostile character were followed up by a
concentration OF military forces on the right bank
OF the Rio del Norle in the town and vicinity OF
Malamoras, on the immediate boundary between
the two countries. Our troops were ordered 10
that boundary 10 repe the threatened invasion
and they posted themselves Immediately opposite
the enemy on the American side oil The river
The Mexican general in command notlhed the
American general 10 break up his camp within
"a b ,urs or war would be The result. Nay, ht
notified him 10 retire beyond the Neuces rl'er
and in the event OF his not complying, arms woui'
decide The question. Why was this demand made
if war was not intended? Did he expecIto init
lnidate the American forces and cause them L
ingioriously neel No; no one can believe that
WHY was the demand made then? 1t was made
because the law :" nations required that II shoul
be made before there could be lawfully Tesor
10 arms. | have already said that BynkeI
shock contends that, though declaration OF wa
is not necessary 10 Justify aggression, yet "a ia
and Of 1rtat arc c0aceire 10 be due should be pre-
r,ously made" Here was The demand mate; an
il was conceived 10 be due BY the Mexican Gene
raj that our troops should decamp and re
tire beyond The NeuCes In a short time after hi
(only few days. the Mexican General wa
changed and another appointed III his place tina
was Gen. Arsla, the most skll!iu and accom-
plished Of all the Mexican Generals. He inform
ed Gen. Taylor that he considered hosiilie
had commenced and he should prosecute ther
accordingly" On that day his forces were ser
across the river into the territory OF The Unite
States with the avowed purpose Of prosecutin
The war, and on that very day the hostile parte
met and sky dragoons Of the American army
including officers and men, were killed and take
prisoners Is not this war; What evidence Wi
be required of The existence OF war; II Mexic
is not bound 10 make declaration OF war betor
war can properly be said 10 exist, what other ev
dence can possibly be expected OF the existence {
a.,,,a ~ u,ar IN MIR y : mind the evidpnc
was complete 10 show that state Of war actual
existed.
But gentlemen say war can only be made b
The sovereign authority OF The two nations, an
that in this case il does not appear that that poI
lion of the two Governments which represents IN
sovereign power, Quoad tins thing Of making Ma'
has assen,ed 10 the hostilies existing. Why
how is it, so far as we are concerned Our ter
riory has been invaded and we have been SO
lemnly informed ',hat The question between IN
Two nations can only be settled by arms" Now
h. Coordination declares that Hlhe President q