Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-12-25
POLITICAL.
S f f Gil

lS46 on the R.so.N Of Mr.. Dauas, OF hcn
tuckp, calling far the orders or instructions o. ne
President 10 The m,litary and nGral eDlteTs " u.
Irnned SlaLes in relation 10 III estaDttshnsene "
ciril government a. the conquered f'oV''Ne' "
Mer,eo.
Mr.. seldom said: II seems to me, MI
Sneaker. that The debate, which has sprung up
here on mere resolution ol inquiry, IS na
n,ema,ure ard irregular II would have been
more decorous certainly, and perhaps more lud,-
cious. 10 have waitet until We had received ON
cially iull information oil The action oil Inc EAecu
tive in relation 10 The provinces which nave oeen
wresled from Mexico, and are now heid oy oui
conouering armies, before we proceededto approve
or condemn. But in the Latitude when Inc oe-
hale has assumed, il has resolved itself MOI So
much into an inquiry oil what procedures nave
been actually adopted in these conquered proVin-
ces. as into an examination OF what measures
might rightfuly have been taken, and oil Inc great
nriociples of in,etnati nal and constitutional
law which would authorize and regulate their
adop,ion and employ ln this view, II IS
nerhaps we'll that fundamental principles should
he the subject OF accurate investigation and pre-
else asceftainment, with as little delay as may
be. Certainly, in one aspect, II is not 10 DC re-
orftted that the debate has arisen now, wnen 10
great extent il must assume an abstract form,
since the views OF speakers can have lille welSh',
ercrnr from their intrinsic force and justice, aud
are much relieved from The suspicion oil o,iug
influenced on the one hand by blind determine.
lion 10 defend The action of favored Adminis-
,ra,on or, on The other, by the reckless 'ioresone
conclusion" 10 condemn oil mere partisan OPP
position. -
.,;,;es as here demand our investigation, am
indnced TO engage, Mr.. Speaker, notwithstanding
serious difhdence of my limited experience and
humble abilities, simply by my inability 10 ac-
cord with the reasons advanced, and Positions
taken. by The gentlemen who have spoken on lhls
side al the House. differ seriously from Inc
position of the able gentleman from iIi'no's'
TMr. Douglass that the territory OF iorelsh
nation with whom we are al war, wnen seileu
and completely subugated BY our con9aerns
armies, is TO be regarded as part oil the on'leo
States. or as lis territory and subject 10 us laws
and institutions. For If so, the power OF the MI
lrary authorities OF our army over it must al
once cease-he territory be subject 10 our
existing laws. and the inhabitants, having be-
come citizens. be entitled 10 all the rights and
privileges whether of property, person, or repre-
senralion. which are secured and guaranteed 10
our citizens by The Constitution and laws OF the
Union Nor vet can l agree with that other dis
,iosu;shed gentleman, Mr.. Rhelt,l generally So
clear-sishted in all matters OF principle, ano
whose errors in this instance may De ralner III
hasty and uDguarded expression, Than IN mean
ing that conquered territory is 10 be he'd ny me
mere power ut the sword, with tie '7gh oil arbl-
trary despolism, as figured by his spirited Illus
traliun. through the old adage Of absoiuism.
"Sic uoto sic jnbeo," on The part OF the conqueror
wihuu, Limitations Of law or authority, save what
he NAV deem the mere moral obligations OF hu-
manly Sir, in more baIbarous ages, when the
maxim originated il may have been true that IN
Ter nra ees silent" For then the conqueror seized
and appropriated The whole properly 10 The con-
ouered, and even might reduce 10 slavery the entire
subject population but such savage courses are
long since obsolete The wholesome operation oil
administrations must oilentimesevenyei,a AMID Inc
fercer ener ges and more unbridled powers invoked
and demanded by the stern necessities OF war Ok
checked and restricted, and many mere civil OF
municipal laws be disregaided or swept away
Rut The rule of mere iorce-the arbitrary despot
ism of martial power tempered only by suct
instincts of humanity as may survive in the DO
som of a relentless commander, or be not extn
guished by the passions OF fierce soldierY, nj
longer rules with unbridled sway. Amid The
crash of arms, law does now speak, to humanzt
and restrain as in the geotler times oil peace, IL II
felt 10 elevate and civilizs. Il is the boast OF mo
dern times, the blessing 10 Christendom Of CHRIS
tianily and civilization, that in war, as IN peace
a code of law 10 govern all International reia
tons, founded in part on the practices Of nations
but more correctly binding as dtduced from lh'
most sacred principles OF justice and The hishss
ethics of morality and humanity, has, by genera
comfy and common convictions, been estaDiish
ed and recognized. OF all nations on the earth
we should be, and are, believe, The last to oepal
from or evade the obligation OF this nigh code
and in all our relations, be they OF the heFces
IL. nj. un
by our example in contributing 10 lis recognition
and ascendency. Throughout the whole vi gu
conHic. with Mexico, he II long or short, or what
ever phase il may assume, all must admit INA
the principles oil this hga International coae mus
be on our part sacred'y observed, aud its obiga
tions faithfully redeemed.
II is also 10 be observed, that in all inquire
directed 10 ascertain what principles should e.
yern and what measures may be rghllul'y adoP
ed by our Union in relation 10 the war WI
Mexico, and The provinces which We may nav
conquered from her, while reference must strau
ly be had 10 The law Of nations Tor our guide
hat law. 80 far as Mexico herself and, indeed
Ali foreign nations, are concerned, constitutes IN
only code applicable and gives the only lImI'a
lions and restrictions 10 our conquerlns powe
that can riebltully exist. In all our Telationi
especially of war, with Mexico and other foreis
nations, whatever may be the constitutional iofn
of our institutions and The division oil power
among The various departments OF orr Govern
ment we are known and recognized as an unit
one sovereignty among the national orolhefho'
nj sovereign powers-anl may therefore as
nation, single sovereignty, do in that war wit
Mexico whatever other nations or soverelSnlie
bv The law OF nations would be entitled 10 do 10
wards a belgerent and neural nation. II vii
therefore a. once be perceived, that wide distnc
ton NAV eyis, between what this Union, as So
vereiguly, may rghiully do under the law Q
nations in The prosecution OF lis belli2erenlright
towards Mexico and without offence TO neutra
nations. and wha, the Executive OF the nation
under the Constitution OF the Union, and in jus
AUTHORIZATION to the division OF powers mad
and Limitations imposed by that sacred instru
ment, may alone effect The one question !
external purely-a question under The law oil ma
,ions betyeen us and Mexico as a belligeren
and o.her nations as neuiras. ne o'hef Is d
internal question exclusively-a question Of con
slitutional law between the several department.
of our Government, and involving inquiries as I
The extent of the limitations and restrictions {
our Constitution.
To ascertain, therefore, with precision, lh
pripciples which should govern and The mea
sures which migat be rghiuily adopted IN III
operations of our armies against Mexico, II wi
be necessary 10 examine separately The queslio
in tic external aspect, under the law ol nations
in reference to Mexico and neutral ma ions; an
in its domestic features as tothe extent OF power
possessed. and which might have been Legitimate
" exercised under our Constitution by The Pres
dent alone. Such course OF investigation l pre-
pose 10 adopt
And first: VIVA. may this nation, under III
law OF nations, riehliuIly do in It's relations tc
wards Mexico as belligerent, and 10 friendly ma
lions
The fuudam mental principle OF the law Of ma
tons which in It's true view is but The embodimen
OF The highes, ethics Of morality and humanity
is by all conceded 10 be, Ina, in the prosecution
OF the legitimate ends Of just war, there Shout
be as little outrage on humanity, as lew viola
lions OF the benignanl principles OF peace, as ma
be compatible with their successful attainment
The legitimate ends of just war are concede
with equal unanimily; and among them, I'm
doubtediy recognized as sufficient, are, TO punis
the aggressions OF foreign nation. and BY sue
punishment, to defer the offending nation and al
others from the practice Of similar injuries; Il
prosecute Just claims, whether of boundaries
OF ndemn,ies to a nation or It's cilzens whcl
~. ,nro.;,o N at;on has refused or failed peace