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

gressiona district, to represent which member ia
already elected and who is shortly expected to take
his seat in this hall.
' [Mr. DAVIS here called the attention OF Mr. TiB-
BATS to the following words in the I'd Of the "jon
resolutions for annexing Texas to the United
States:''l
"a lind Be further resolved That the foregoing consent
ofCongress is given upon the following conditions and
formed subject 70 he adjustment BY is sspsrns.sni Of all
ments."
Mr.. TlBBArTs resumed. Certainly Mr.. Chair
man have not forgotten the resolution to which
my colleague refers. | was about to refer TO 1t
myself and will presently call the attention Of the
committee and Of my colleague especially, to thai
very subject As was proceeding, however, to
say, sir, that with knowledge that Texas thus
claimed to the Rio Grande and that il was thus re-
presented in convention and in both houses Of her
Legislature, we adopted Texas State, and with
her all her rights and responsibilities TO foreign
governments.
Ii is true, sir, that by the 81 resolution for the
admission of Texas into the Union, reservation
was made that all questions Of boundary TO be
subject to adjustment BY this government l pro-
posed yesterday TO PROFOUND a question TO my col
league, lMr. GRIDER,l which he declined. | now
propose TO submit the question which I then m
tended TO put TO the committee, and particularly to
sir. Is The President of the United States the govern.
msnt of the United States | ask my COLLEAGUES to
answerit.
[Mr. DAVIS. lin his seat.) Mol
MIR. TIBBArTs (resuming. What right, then,
ask my colleague, has the President Of the United
States, he not constituting the government Of the
United States, To decide where the boundary Of Tex
as Isl What power has he over this question: None
whatever, sir. What right has the President to
say that he will order the American army TO go to
the Nueces, and no further, when the Constitution
and the law Of Texas say that the boundary is at
~ III
that the boundary Of Texas is not at the Rio
Grande, he may not go there until then, he has no
Judgment, no right in the matter. My colleague, in
arguing that the President should assume the Nue.
ces to be the boundary Of Texas, argues that the
President should usurp a dangerous power, and
presume to define the boundary Of State. The
President has control over the matter; the gov
enment of the State alone is entitled, general
principle, TO settle the question OF boundary; but in
This the power is expressly given to the Uni
ted States; and It is the duty Of the President TO de-
end the territory as claimed by the State Of Texas
until it is otherwise directed by THIS GOVERNMENT,
not by the President himself who, as my colleague
himself admits, is not the government.
As regards the action of the Executive in this
matter, Mr.. CHAIRMAN, however, the question is not
broad the question Of the title clear right OF
Texas to the Rio Grande My colleague admitted,
as demonstrated at previous day, that defen-
sive war may be made by the President, or by a
Stnte, when necessary to repel actual threatened
INVASION. Now, suppose that instead Of the Presi-
dent of the United States, the governor Of Texas
had called the troops Of Texas to repel the
threatened invasion on this territory presume that
no gentleman will doubt that the governor might
send his forces into the territory between the Rio
Grande and the Nueces; and not only this, but that
it would have been his duty so to have done, be-
cause the constitution and law under which he would
be acting, and which he is bound to support, makes
it his uty TO protect the territory of the State as
cl. p,a1 hv her in her la And far
relates to defensive war, the President has the
same rights, and the duties, and obligations to
repel actual or threatened invasion the governor
Of the State would have. The President, as re-
CARDS the military forces Of the United States, stands
in the shoes Of the governor as regards the militia
Of the Statether constitutional duties, rights and
obligations the same-nether Of them Is the gop-
e,nmsnt-neither has the right to settle questions of
boundary-the duty Of both is to defend the boun-
dairy claimed by the State Of Texas to its utmost
limit until this government directs to the contrary.
But my other colleague [Mr. order seeing that
the position taken by my colleague Mr.. DAvIs] is
untenable, and his argument easy of refutaon takes
another ground He assumes that the war was
brought on not by Mexico, but by the President,
because he did not send special commissioner to
Mexico, specially empowered to treat of the Texas
question. This position, sir, is az unenabe az the
other. The authorities Of Mexico agreed to receive
a minister plenipotentiary. Mr. John Black, in his
letter to Mr.. Pea Pe1a Of the 18th October, 1916,
says:
AT the time suspension of the diplomatic relations
between the countries General Almone was assured
desire felt by the President to amcably every
OF complaint between the governments and to eq
sister republics He still continues to be animated by the
sentiments He desires that all existing difficulties
should be terminated amcaby by negotiation and not by
by these sentiments the President directed
me to the absence of any diplomatic agent
in Mexico, ascertain from the Mexican government
whether they would receive envoy from the United
G al, Ill thap
in dispute between the governments. should the
be in the Affirmative such envoy will be immediate
ly despatched to Mexico"
Mr.. Peha Pe1a in his answer to Mr.. Black of
the 18th October 1845, says:
have informed my government Of the private con-
ference which took place between and myself on the
18th instant and have submitted it the confidential letter
which you in consequence Of and agreeaby to what was
then said addressed to me yesterday In answer have to
ured by the United States, through the acts committed by
them in the department OF Texas which belongs to this
ton government is disposed receive the commission
United Stetes who to this capital with
full powers from his government to settle the present dis
pute peaceful reasonable and honorable manner thus
giving new proof that even in the midst OF Its INJURIES
and Of its firm decision to exact adequate o
them does repe with contumey the measure Oh rea
son peace to which II is invited by Its adversary
Mr.. Slidell was consequently sent as minister
plenipotentiary. He promptly took his departure,
and arrived at Vera Cruz on the goth November
The government Of Mexico, which had just passed
through one revolution and lettering into an.
other, welding 10 tne pressure Oh ClrCunstuCeS re-
fused to receive Mr. Slidel as a minister plenpo-
tertiary, and resort to the subterfuge of placing
q construction upon the letter of M. Pefa VI
Pei1a, which was not intended at the time it was
written, and assert that it was only intended by
them that they would receive special commission
er upon the Texas question, and not a minister
By sending commissioner to
treat upon the subject of Itras alone, we would ad
NIT that we had no right to admit Texas into the
Union without the consent Of Mexico. This ad- |
mission we never could make. The refusal, then, |
of the Mexican authorities to admit Mr. Slidell, |
was mere subterfuge. Certainly Mr.. Slidell, in |
the capacity Of a minister plenipoentiary, had as
full powers to negotiate and act upon the matter Of
Texas as special commissioner possibly could
have; but Mr. Slidcll's mission was contumatiously
rejected All | am surprised a, Mr.. Chairman,
is that the President did not send in message to
Congress recommending declaration of war against
Mexico before the Mexican forces had crossed the
Rio Grande. | confess that had expected mat ne
would do so, when heard that the mission OF Mr.. /
Slidel was refused. We had ample and sufficient