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

the government acted in good faith, there would have
been no difficulty. He denied emphaticaly that the
Mexican claims were the real cause OF the war
They had been made the preeXt for it, and the object Of
the war was the acquisition OF territory. He then pro-
ceeded 10 discuss al enth the question OF the Texas
boundary endeayong TO show that the President had
taken entirely erroneous view of IT, He did not mean
deny the power of Texas TO act in the OF
nexation As TO the argument that Santa Anna was
suffered TO back because he opposed TO Parede
who wished To establish monarchy il all clap-trap
That monster who butchered the Mexicans, brought
back, forsooth, to negotiate boundary II was all
piece OF huggery- muggery-a suberfuge. II true,
to be sure that the official organ had denied that there
had been order OF the President for the admission OF
y meant that the order was in The Presidents chrography
By the skill and admission OF the President OF the Uni
ted States, there was now in the bosom OF Mexico a
who had proved himself the deades foe of free in
stitution. Santa Anna certainly not giving TO US
any 'aid and comfort" The "ad and conf or" all
given TO him The President had told them that il be-
cause the Mexican government refused TO receive
commissioners that General Taylor ordered march
with the troops He (MT. d. would show that that
movement had been contemplated long before In that
connexon he had called the attention OF the House to
order of Mr. George Bancroft, OF May, 1885,
hbiting himself, he (Mr d. supposed, at the court Of
London As to the settlement OF boundaries hereafter
he had idea OF leaving il 10 the discretion OF Mr.
Polk who had not only gone back and eaten up his own
words on the Oregon question: but had actually surren
dered the territory OF the United States For one he Mr
d. never would assent to any acquisition OF territory
without exclusion of slavery All the territories of
the United States had been ceded with express proy
sion that slavery should be excluded.
| Mr. STANTON then addressed the House He said !:
have discovered, Mr. Speaker, that there is purpose
more important in the origin of this debate than appears
on the face OF the resolution, directly in what
has been said by the speakers. The modification Of
the resolution offered this morning, well the vast
extent OF the remarks which have been made tend to
confirm this opinion. think il is perfectly clear that II
must be admitted all hands that is not merely TO dis
pue the power Of this government TO establish temporary
governments IN the country we have conquered from
| hiatt, ia baG haan intro ucad IL
merely for the purpose OF nqurng into the authority
conferred upon our generals TO make these proclama-
they have established No There is something than
that There is something still further, hidden in the dis
lance, and is to that point to which the gentlemen on
the other side about direct their attention and their
eXerons So far these governments concerned, II
has been clearly enough established that under the law
OF nations, it not only in the power OF our military
commanders to establish them, but that their duty
to do duty founded upon the laws OF war; well
as on the general laws of humanity. What is the effect
and cause OF the principles laid down on this subject by
writers on the laws OF natlons' They are but prn-
ciples derived from the examples OF nations IN the
particular circumstances, or from the dictates OF
reason or conscience itself. say that the ex-
amples OF nations in all ages confirm the power to
do what has been done in this particular case and al
firm that the laws OF reason and conscience themselves
render not only proper but absolutely indispensable to
do So The country falls into the power OF the conquer
or That conqueror has the right to preserve ito re-
tain il until the ends and objects OF the accom-
Pished-un it is RENTED to the conquered power or
is coded to the congueror by treaty OF peace This
conceded all the difficulty disappears Gentlemen have
talked about distinctions between civil and military gov
eminent II our officers, in pursuing the power which
they ncontestably possess establish government of
sort to maintain ore-to protect the inhabitants OF that
country-to treat them with humanity-haye appointed
civil tribunals why that was boon-lt was an amelo-
ration of the condition OF the conquered people 1t
surely boon 10 do that according to civil law which
might have been done in the summary way which some
gentlemen had characterized despohc. The gentleman
from Massachusetts,, [Mr. WINTHRoPl who addressed
the House upon this subject yesterday thought he had
discovered something very omnous IN that expression IN
the Presidents message which Is set forth In these words
.Bv the laws of nations conquered territory subject
to be governed by the during its military posses
vountary Withdraw from IT, The old civil government
being necessarily superseded it Is the right and duty oil the
conqueror his conquest and 20 provide Tor the
maintenance of civil order and the right; Of the nhabit
ants. This right has been exercised, and this duty per-
formed by our military and naval commanders by the
adjustment of temporary governments in some OF the con-
quered provinces in Mexico assiniatng them rs lar as
practicable 10 the free institutions of our country
| Now observed in the quotations made yesterday from
the law OF nations precisely the principle here referred to
: by the President -.
covered something omnous. | remarked that if the
President had stopped there should not perhaps, have
felt disposed to find fault
| Mr.. STANTON. | shall notice the next sentence,
them by and by | understood the hon. gentleman to
express himself apprehensve upon the cuson OF that
paragraph. is strictly in accordance with the princi;
pies laid down by writers the law OF nations well
as the principles of sound reason What says Natel:
"Thus if a town which made part of republic linn
tied monarchy and enjoyed right OF sending deputies 10
the supreme council e general assembly oil the states,
be Justly conquered by absolute monarch, she must
never think of such privileges; they what the
constitution of the state to which she is annexed does
not pc rmit "-Vatel, page 1888
That implies that in establishing laws for the conquer
ed countfy-wheher they be established permanently or
emporarly-the procedure not only right but duti
full and that the laws to be made conformabe to
those of the conquerng country. SO lar as the gentle
mans apprehensons grew out OF that passage they may
think be speedily Gained and quoted. The precedents
established heretofore, and the principles settled by the
authority of writers on that subject ought surely to al
Law the gentleman's alarm. Another question was no;
ced slghtly-perhaps should say particularly noticed
bv the geneman-and also, if understand it correct
w. aimed at in the modification Of this mornng-and that
was the question arising out of the fact that the President
asserts the Rio Grande from Its mouth to ITS source to
have been the boundary of Texas the boundary claim
cd by Texas whilst Santa Fe the eastern side of
that boundary and that therefore the President in
tabshng civil government there, had exceeded the limits
of his constitutional authority Now, the country be-
tween the two branches of the Rio del Norte comprising
Santa Fe and the surrounding country has, during the
whole of this controversy-slnce the year 1898 down
been in the possession Of Mexico and under the control
and government of Mexico. 1t was de tacto part Of
Mexico whatever might be the claim and whatever
might be the right of Texas Our army has conquered
that country from the adversary and has the same right
to establish government there-a temporary government
over the people who formerly held allegiance to the enc
my--as they have to establish government in the Caor-
Mas.
Mr. SCHENCK | understand the gentleman, then,
that while he declares the President does, that all the
country east of the lies within the boundary of Tex
as and therefore of the United States, ne admits that
Mexico has held possession and control OF 1t.
A. Nau