The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-30

gresslve resulting from the action OF other powers
although consttutionally, according to the cOnsti
tutions OF Mexico and the United States, there can
| not be "war" unless that "war} is authorized are
declared by the constitutional power Of one othe
OF the two countries And he begged gentlemen Il
look at the consequences that would result if thin
were not true. Il puts il in the power of any mill
taTy squad, OF any commander Of our nation, or o.
any other nation to put this nation in state OF war
The killing Of people is not war. In order TO con
stitute war between nations, that killing must b'
sanctioned by the war.making power If not sane
toned. il is collision between military forces, be-
tween citizens and in ordinary parlanee ia "war,
but in the sense in which that term is made
use of in the constitution.
| Mr.. TIBBArrs resumed. Il must be perceived
Mr.. Chairman, that this ID all an abstraction. 1
perhaps might be the source OF little consolation
TO our countrymen who have been killed by this in
vasion Of our territory by Mexican authority i
their departed spirits could know IT, or TO theil
friends and relatives, 10 know this distinction, thai
they have died by an act of hostility, and not by an
act OF war. l am willing, however, TO take the
gentleman on his strict construction of the const
tuition, aud say war can exist, and that war does
exist at this time, between this country and Mex
loo, without declaration OF war on the part Of
the Congress OF the United States | call the at.
tention Of the gentleman and Of the committee to
the distinction taken by Vsttel as to war " often.
slye," and war defensive :" and the question put
70 makes the QistluCtOn ltsclI. III
the government of Mexico should declare wal
against this country, and invade our territory by
an army, she is in a state of offensive war and il
the President of the United States in the exercise
of his constitutional duty, should rePel that in
yasion by the military power which 10 under
his control, as the commAnder-in-chief Of mill
tary and naval forces then this country is in state
Of defensive war without any declaration Of war on
the part of Congress
According, then, to the constitution of this coun-
try according 10 the state OF facts existing on the
borders Of Texas at this moment, there is state
Of war existing between this country and Mexico
one that is a defensive war, admit, on the part Of
this government, which cannot become offensive
without a declaration Of war by Congress.
Mr.. RHETT interposed, and inquired whether the
clause Of the constitution comforting upon Congress
the power "to declare war, grant letters Of marque
and reprisa" &c, said anything about defensive"
war, or offensive" war;
to offensive" or defensive war" in this particular
clause; but our constitution establishes that our
President is the head Of the army and navy Of this
country, and the laws passed in pursuance of that
constitution give him the power to call the aid of the
army, and navy and militia to repel invasion, and
carry defensive without the aid Of an act OF
Congress declaring war Then | take it that plain
ly according to the law Of nations, the position Ia
ken by the President Of the United States is true
position that war--a constitutional defensive war
our part-does exist and that the declaration in
the preamble TO this bill is truth. Whether we will
make an offensive war against Mexico, and invade
her territories, remains yet to be determined. Not
only the President Of the United States has the
right to go into defensive war, but this power is
secured to the States themselves. This is the pro-
vision:
mo State shall, without the consent Of the Congress-
time Of enter into any or Compact with
another State with foreign power engage in
nis', actually iHoGdsd or in s~@ imminent danger WtH
not admit Of dsiay."
Then, let The gentleman no longer contend that a
state of war cannot exlst-a state Of defensive
and constitutionay exist, by the President of the
United States repelllng an invasion, or by State
pelllng an invasion, independently of any act Of
Congress.
now come, sir, to the consideration of the ques-
ton whether this war has been brought on by the
act of the President Of the United States by the
act Of the government Of Mexico; and to address
10 ysef TO the remark of another honorable senator
from Kentucky Mr.. CRIrrENDENl yesterday. The
honorable gentleman says
"Mr.C feared that all had teen done by Execu.
tive that might have been done to avoid that result He
hoped the from Arkansas Mr. SEvER ght be able
justify in every particular the conduct Of the Presidents
but present he could good reason for advancing
army through disputed territory to the banks of the
Rio del Norte and pointing eur cannon upon the town of
Matamoras."
Now, whether this war has been brought on by
the act Of this government, Mr.. Chairman, or by the
government Of Mexico, depends on the other ques-
ton, whether the territory between the Nueces and
the Del Norte is territory belonging to Texas or to
Mexico. My colleague Mr.. DAvIsl says it belongs
to Mexico. had occasion, Mr.. Chairman, at the
last session Of Congress- in a speech which made
on the Texas question, to devote some of my time
to an examination of this question of title. Now,
sir the lower part of the Rio del Norc has been
claimed the boundary of Texas, not only by the
people of Texas themselves, but as so asserted to
be by this government before we coded this country
to Spain. And without repeating those remarks
which then made, will send them to the clerk
that he may read them.
The clerk then read the following:
"Mr Jefferson in his letter to Mr. Bowdoin 18th July
1906, Def. Cor p. 59) says:
with respect to western boundary, your instruc
lions will be your guide will only add comment to
them that attached the retaining the bay OF st
Bernard because it the first establishment of the unior
tunatc La Sale the cradle Of Louisiana and more in
covered and conveyed by France under
that name, than any other spot in the territory.
coast Of Texas longitude % 90 Wi latitude 49, 80 NWor
cester's Gazetteer, ed 1922
Louisiana ceded by Spain in 1901 and
retroceded by Spain to France 1900 and occupied by
France By hetreaty Of Paris ofth Sd April 1909 was
ceded by France the United States, and the possession
delivered by the French authorities in 1904 Mr. Madison
expressing his views and those OF Mr. Jefferson in
tended westwaTdy to the Rio Bravo otherwise called Rio
Bravo Del Nore. Orders Accord ngly obtained from
And in letter of ,the sst January 1904 Mr. Madison
states that Mr. Laussat the commissioner by whom the
French government dipered ne p''ession Louisiana to
u.s. announced The Del Norte its boundary In letter
the 9Th Of July 1904 Mr. Madison declares the opPos
ton Of Mr. Jefferson to The renq'hent Of any territory
Dhdterer eastward Of the Braro.'
"Nr Monroe letter Of the sth Of November, 1903 en-
closes Documents which, he says prove inconfssabfy that
the boundary of Louisiana u.s. tae RIO Bravo to the vest
and Mr.. Pnckney unes with Mr. Monroe in similar de-
carston; and on the 10th April 1905. in letter to Mr.
Madison, they title to be unqnestonahe' Mr.
Monroe in his letter Of January l9th and June TO- 1906
says that could question our Tile 10 Teras, and con-
ours with Mr.. Jefferson and Mr. Madison in the opinion
that He TO the Del Norte, clear as 10 the island
Ntw Orleans"
mir. JoHr Qircv ADAMS, ina letter to Don onis of the
18th March, 1918, says
The claim of France always did extend westward to the
Rio Bravo she Always claimed the territory which you
call Texas as being within the limits and forming part
OF Louisiana And he further says: Well might Messrs
Pnkney and Monroe write to NJ Cevalos in 1903 that the
claim OF United States TO the boundary the Rio Bravo
was as clear their right to the island Of New Orleans
and in his letter Of the 3lst October 1878 he says Our
title TO Texas is established beyond the power Of further
=. -,
"Nr Apim, in his letter ofiusructions to Mr. George
Graham Of June J, 1918, says;
"'The President wishes you TO proceed with all con
speed to that place Galveston unless as is not