The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-10

nj lrI
establishing provisional government and had not ex-
ceeded in any degree the authority which he possesses
as commander was grahhed N hearing from
The gentleman from Massachusetts the declaration that
the expressions in the Presidents message so Tar as they
related the establishment OF these temporary govern
ments were wse fair, just, and according to law Let
us hear the language OF the message:
"y the laws ofnatons conquered territory Is subject
ia be governed by the conqueror during ms military poses
SON and until there is either treaty Of peace, or he shall
icing necessarily superseded il is the right and duty of the
cnqueroF secure his conquest ana 10 provide Tor the
civil order and the rights OF the inhabitants
This right has been exercised and this duty performed by
our military and naval commanders, by the establishment
Of temporary governments in of the conquered pro
ncesn Mexico assnilatng them far practicabe 70
the free institutions OF our own country"
Are YOU not bound, in the principles of justice
moi 10 condemn till after you have seen these nsruc-
lions When these instructions seen they would be
found TO be strictly confomabe with constitutional right
The views which have set forth will apply to all terri
tory taken possession of except that which our opponents
contend has been claimed by the President part and par
eel of the territory of Texas In regard To that portion OF
the territory which has been occupied and PROFESSIONALLY
governed by our commanders Is insisted .hal ue n
cples will not apply. Well, now, do not pretend TO
enter here into any discussion how far the limits of
Texas righfully extend. One thing presume viii be
admitted even by the most heated adversary OF lhe ad
established her independence BY the treaty with Santa
Anna after the battle of San Jaento did clam that her
boundary extended TO the RIO Gande nom ITS NOUN 70
lbs source That much viii be admitted by all. Well,
when Texas was received into this Union, she was re,
eeived she was subject however to the right reserved
the part OF this government TO settle her @
with Mexico We honestly set about dlscharging the
obligation thus incurred Again and again magnanlmous
with far more orbeannce than would have manifest
ed towards more powerful nahon-we made oyerures
for the settlement of these boundaries by peaceful nego-
taon Our oyertures repeatedly reJected and one
OF the ends OF this very is To settle that disputed
boundary which they refused to settle BY peaceful nego-
taiion But that territory taken possession OF BY
our volunteers when Mexico assumed the control over IT,
Texas lay far remote unable to extend the egs OF her
protection over this territory, and consequently II could
not be surrendered Gentlemen, was necessary
therefore that il should be held by the strong hand
Military ascendency was TO be maintained over IT.
and in order to do 80, and at the same Tune give
civil nights TO the inhabitants provisional government
was established Is this TO be called gsurpatlon
Whence the clamor! From the friends OF Texas and
those favorable to its annexation and boundary claims
No II comes from those who the loudesttongued
in their denunciaon OF that act--now grown so won
drous kind and very earnest in the maintenance OF Texan
rights That territory, then, either belonged to Texas or
il did not Ii II did, II under the control OF Mexico,
and beyond the power OF Texas to reach H. We then in
that case take il and hold II for Texas. We hold by
the necessity OF the neoesue REL II II did not
belong to Texas then belonged to Mexico and at war
with her, conquerors had the right to hold II and
establish there this provisional government Gentlemen
may take il any way they peaseone thing Is clear, IN
either case the action Of our government has been IN
Mr.. WOODWARD then obtained the hoor. HIS
opening remarks were not audible at the reporters
desk but when heard, the honorable gentleman was
you raise upon this OCCASION under the laws OF ma
lions, is question between goyemments-a question
between soyereigns-and not what are the rights OF
the generaissimo of the armythe natural functions
Of the amy-the scope OF military operatIons-noth-
ing Of that kind, but question between soveregns. In
regard to the second question, Mr. Speaker-what are
the relative rights and duties under our constitution be-
tween the different departments OF government shall
be brief upon this subject Your constitution has made
distinction between act OF hostlIty-a 6atte-and
the relations growing out OF state OF war by the con-
President,
sist actual inyason-may practice hostility. BY thus
constitution the direction OF legal state OF war Is
vested Congress- and for obvious and most momentous
reasons The power which the President has and which
belongs TO the executive OF the State is given to him as
aproysonary power which he is authorized to exercise
until the control OF the war assumed by the competent
power-a power competent to produce a state of
that moment the power of the executive ceases. For
what part has the executive in the act OF declaring war
None except by virtue of his political relations. He
can veto or approve of bill for declaring war.
He cooperate refuse to cooperate with us IN any
which may see fit 10 adopt for the purpose
of carrying on the war. But when the is managed
by the President your President is resolved into mere
military officer, my friend has Just told you He Is,
then, er Cticio generasslmo of the United States army
The constitution desgnates him the person who Is to
stand at the head of the army. He is thus purely mill
tary ofcer-the commander of an army; but for what
puTpose' To fight your battles To vanquish your
foes To invade your territories FOR that purpose
ects and ends The army is your army, and Its ohcers
absolutely subordinate to the civil authority, and pos
sess no other power than the constitution mas gwen 10
military officers The Executive, then, is wholly sub
ordinate to the civil authony-as much so as any other
generalissimo-for he is nothing but generalsslmo
The President sir, who commands this army is not the
President who approves of or vetoes your bills. lie Is
not the President who appoints your foreign ambassadors
NOT the President who appoints your various civil and
judicial officers He is simply the President who COM
mands your army, and nothing else. Why, SIR, the
constitution might have designated you as the gene
nlissimo of the army, as it has said that the President
OF the United States shall be the commandment CHIEF
Of the American army You, then possessed OF pre-
constitution had designated the Speaker OF the House OF
representatives commander n-chef OF the army with
out granting him any civil powersthe privilege OF ap-
pointing officers, &c.-you would have enjoyed powers
precisely the those which the President now en-
Joys Well, sir, what the Presidents duties rs the
commander of your armies' What are the powers
OF your generalissimo' His first power is to, con-
duct the war, TO fight battles to vanquish our
Toes There are other duties which he must discharge
But there are still duties of very different nature There
enemys country-duties which the government OF the
United States owes and which her officers must respect
and execute maintain sir, that if the generassmo OF
The army should fail TO discharge any of those duties
which we owe to a foreign country engaged in war
with us, he would fail to discharge the imperative duties
Of his office But, sir what is this duty 1t is duty
plainly defined in the laws OF nations. The President OF
the United States having invaded and taken possession
OF foreign province, his right and duty s to take the
place of the sovereignty which has been rejected That
pie of the conquered province what he does for his own
legitimate children, if may be allowed the expression.
Having driven out the Mexican sovereigns, he must
stand m relation TO their late subjects IN loco PARENTS
and see that udlcous laws framed and executed He
not TO make laws he is not to create rights His duty
is simply to see that the laws already existing there are
faithfully eyecuted-laws which the Mexican sovereign,
had he still retained his authority, would have seen