The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-13
TWENTY-NINTH CONGRESS,
First Session.
TUESDAY, May ~, ls46.
HoUsEoF REPRESENTATIVES,.

committee Nor do ! intend (sald he) 10 say any
Thing in relation the remarks Of the member from
ONO Mr.. GIDDEGs in relation 10 the shooting
down Of the soldiers, or rather the men, for they
were not sodIers) who deserted their standard in
the face OF their army and attempted TO go TO
the enemy at Matamorss. do not think an argu-
Inenl in defence Of such persons, deserves an an
swer this floor. think the only thing 10 be re-
GREETED in this matter is, that these men, from the
circumstances of the case, had the honor OF dying
the death Of soldiers, by being shot down; and tina
they had not been taken and punished, as deserters
ought to be punished, by the rope OF the hangman.
Nor do intend 10 make any response TO the appeal
OF that gentleman for the vengeance OF Heaven upon
our officers and soldiers, who now, or who here
after may be- called upon TO defend our rights
against the Mexieans. ] only express my wonder
al the temenly Of that representative, this floor,
who will IN his place and express the aspiration
which has been uttered by the gentleman from Ohio
this mornings and only wonder that he does not
stand IN fear himself that thunderbolt from that
Grd does not strlke him TO the floor OF this House
in utterIng sentiments of that kind.
Mr. Chairman, regret that my honorable friend
from Ohio, Mr. SAWYER who has just taken his
srdr, has been led TO u seeming censure of General
Taylor, the course Of his remarks.
Mr. SAWYER inleTposed and Mr.. 4. yleldlng)
was understood 10 say that, far informed al
present, he did not feel altogether satisfied with
General Taylors conduct; but nothing was further
from his mind al present than directly to censure
his conduct
Mr.. -TIBBATTS (resuming) am satisfied,
Mr. Chairman, thar my friend did not intend TO do
any Injustice to that gentleman. ! am satisfied that
every who knows Gen. Taylor knows that
more honest or a drawer man. more perfect gentle
man, a more gallant officer does not wear the epau
Irttc Of any army on the face Of the globe. Gen
Taylor officer Of experiences one who has not
Iransgessed in any degree the authority given HIM
by this government; and one who will not fall shor
Of exercising that authority TO the full extent of the
discretion placed in his hands.
| rise, however, Mr.. Chairman, at the present
time more with view of noticing remark by al
colleague Of mine, Mr.. G. DAVIS, not now in his
place uttered on Yesterday, and some remarks which
are reported TO have been made by the senators
from Kentucky in the other branch Of this Capitol
yesterday. The deseTvedly high standing OF these
gentlemen IN this country makes It proper that some
thing should be said in relation to the positions they
have assumed this OCCASION and that those posi-
lions shall not 90 forth to the country uncontradlct-
G4.
One Of my colleagues Mr. BoYD yesterday pro-
posed an amendment to the bill which passed this
House for the increase Of the army, the preamble Of
winch amendment land which was adopted and be-
came a portion Of the bill which passed this House)
rccrrd that whereas, by the act Of the republic Of
Mexico, state of exists between that govern
ment and the United States" Now, my other col
league Mr. c. DAusl in relation to that preamble
says:
But Nh Speaker, have objection to the preamble Of
the m rrcitcs that exists between the nited
States and NeNco and that this war was begun by Mexico
.ht informal war exists between the two countries Is
uuicQIable; but that Mexico commenced It utterly
true and ohrct to the preamble forth
appropriation OF the money aud of the raising the
which the bill provides. For these purposes It l.
'lhc,,nt Tor me that our country sat war be 1t formal OF
r.ornal whether begun by Mexico or government
rnpr" only to know that army is In danger, and
whehrl II be in the territory OF the United States Men
am ready to vote men and money even to the utmost
resources Of TIA" country for the II the be
wrongful at more convenient season would hod them
responsible ho made It But protest solemnly against
"rf!ng this measure with the unlounded statement that
NcNco began this That position 10 not to
give tins bill any possible effect ltcould have been well
omitted had it been rejected doubt the hill would
receive the unanimous vote Of the House But that was not
the obe It's authors. Their purpose to make the
Wigs against force them TO aid in throwing shell
the administration, by voting for, bill which set
rh that this needless and unexpected war was commenced
the bill contained any recitation upon that point
r. tn and justice, should be that this war va, begun
o. President. The river Nueces is the true western
Larry Of Texas The country between that stream and
the Del Nortc is part OF Mexico"
Anhonorabe senator from Kentucky, Mr.. MoRE-
HEAD, remarks:
He could very well conceive where the army OF
the United states having assumed position within thu
territory Of Mexico such position would demand from
that she should repel the invasion and that the hos
rhues should arise between the two countries would tha'
tie state OF war No
Now, the honorable senator cites a Casa
which is actually charged to exist by the honorable
representative from Kentucky on this floor. II is
with a to this question: Whether war exists
between these two countres2 whether the assertion
of the President of the United States, in his mes
sage to thls House, and the assertion in the pream-
BILE to this bill be true not and whether, # that
war does exist, it has been brought on by the act
of the President Of the United States, the govern
mcnt of Mexico that | wish to receive the atten'
ton of this committee
Now, what is trar? WAR is defined by Vattel
az "lhat state in which prosecute our rights by
force" And further he tells us that "war Is
either defensive or offensive" 1t is said there is no
power in this government that has right TO declare
1t is true that there is no power in the gov
eminent which has the right to declare war; except
the Congress of the U. States. And the distinction
Is drawn whether this is case Of war, or mere
the existence of state Of hostilities between the
Mexican government and this. Now, the power Of
Congress $50 declare war" must be taken IN refer
ence TO an offensive war. We told land such Is
the fact no man can doubt it) that war is not ony
"olIcnSlve," but defensive" If the government o
Mexico should declare against the United States
and should invade the territory OF the United States
will the honorable gentleman from South Caroline
Nr RHErr who, believe, drew that distinction
will he say that does not exist And will he
say tbnt the President of the United States has no
In. n ,i,' 1o prose ute defensive WITHOUT thu
Iulrr,"Slu,n of Congressi
Mr.. UllETr said he would answer with cheer
funcsa, r the gentleman desired; and (Mr, L
vleldngl he said, in the ordinary use of the word
"war," we generally mean any hghting-miary
collisions Of any kind; but in a constitutional sense
uOdcr our constitution, | say to the gentleman tina
TITS not IN the power of general, of subordinate
or Of the President of the United States himself, tc
make 'War." Now what is the case here? Here
IL case of mere military commanders coming If
collision. The constitution Of Mexico says the
Congress Of Mexico shall declare war, and the con
Of the United States says the Congress of the
United States shall declare war; and there can be
mere commander, other officer, Of these
two nations who put every man, woman
and child in Mexico and the United States in a state
of "war,' except by the cooperation OF the two
sovereign authorities of the two nations But there
may be cohsions-there may be hostilities, defen
aggressive resulting from the action of other
powers; although consttuonaIy according to the
constitutions of Mexico and the United States,
there cannot be "war" unless that "war" is author
lied and declared by the constitutional power Of one
other Of the two countries. And he begged gen.
sgt If this not true. Ii puts it in the
power Of any military squad, Of any commander
~ our nannn Of any other nation. TO put This ma