The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1846-06-02
Extracts from the
SPEECH OF MIR. GA RRETT DAVIS
OF KENTUCKY


On the Army Bill and the U'dr uith Merico
House OF REPRESENTATIVES,, May IA, 1916.
The President has no power 10 make war
in any form. When foreign nation makes
war upon US, by invading our territory, he
has authority, and il becomes his duty. 10
use the military and naval power, with
which he is entrusted by The Constitution
and the laws, as commander-in- chief, 10 re-
pei such invasions. Now, | charge and ar
raign James X. Polk with having. as Presi-
dent ofihe United States, during the present
session, usurped the power of Congress by
making war upon Mexico, nation with
whom the United States were at peace
Whether we had cause oil complaint against
that Power-whether there existed such
grounds as were Just cause of war on the
part ofthe United States against her, and as
would have induced Congress 10 have de
cIared il, form nothing in justification of Mr..
Polk. 1.-The believed such state OF facts 10
exist, all the Constitution empowered him TO
do was 10 lay it before Congress, with rec
concentration TO declare war.
To make good my position, | will prove
that part ofthe country into which the Presi-
dent ordered General Taylor 10 march his
army, and establish the Jurisdiction of the
United States, was not then, nor never had
been, any part Of Texas, but was in peace
able possession and under the jurisdiction
and la Tvs OF Mexico. The establishment Of
the proposition in each of those particulars
is not required TO convict the President Of
having usurped the warmaking power. If
show that there was territory TO which both
The United States and Mexico set up claim
that each controverted the right OF the 9th
er, and the Mexicans had settled in parts OF
it, over which they were in the peaceable ex-
ercise OF their Jurisdiction and laws. and the
President sent an army TO subvert the Mex
lean autaoriiy,he will stand convicted Of hav-
ing outraged the Constitution in himself
making war. Both these general PROPOSE
tons are true. | believe | can demonstrate
both TO be so-certainly the last-to any can
did mind.
The resolutions providing for the admis-
sion of Texas into the Union we're based up
on the terms and conditions. "First Con-
gress doth consent that the territory properly
included within, and rightlully belonging TO,
the Republic of Texas may be erected into
new State, 10 be called the State ofTexas,
with republican form of government" &c.
Again: "Said State TO be formed. subject to
the adjustment by this Government of all
questions of boundary that may arise with
other Governments" &c. II is thus seen
that when Texas was received into the
Union, all country which she claimed, and
which did not OF right belong 10 her. was ex-
pressIy excluded. That the United States
would not admit her with the territory which
rightfidly belonged 10 her, with any particu-
lar Of definite boundary even for that, but re-
auired her boundaries 10 become unsettled
and indefinite, and their location to be sub
mitted Internationally to their Government
These conditions were submitted TO by Tex
as, and are the law of her annexation. They
were imposed by the United States pdrticu-
LarLy, and for no other purpose, than not 10
pledge them 10 the Rio Grande as the west
ern boundary ofTexas, but to leave that line
vague and undetermined, 10 be settled by
compromise and treaty with Mexico; and
such is their plain effect.
But the friends of Mr.. Polk assume that
Texas extended 10 the Rio Grande; that il
was his duty 10 establish the jurisdiction and
laws of the United States up to t.; and, as
he has not extended his military operation
beyond it, that he has transcribed neither
the laws nor the Constitution. might grant
all this, and it would fall far short of his JUS
LITIGATION, as will presently attempt 10 prove;
but controvert the whole ofit
In this connexion, il becomes material 10
state the act Of aggression and war which
charge Mr. Polk upon his own responsible
ty, 10 have directed against Mexico; and