Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1846-12-24

Presidio, Dolores, Laredo, and Poins
Isnbel, stretching the whole length oi
the river, from its sources 10 the Gulf
From the time that Mexico became IN
de endent Of old Spain, her jurisdiction,
her laws, and her officers had swayed
over all these cities aud towns, and Inc
entire rural population OF the country.
Texas never had had a foothold IN the
country Of The Rio Grande. Such was
The state of things until il was first IN
terrupted, and has since been subverted
by our army and all this was wei
known TO the President as to any other
man. Both MExIco and Presiden. Polk
have declared TO the world that the Uni-
ted States and Mexico were at peace
before Gen. Taylor was ordered ,c
march from the Nueces to the Kio
Grande. Certainly Mexico had not
made war upon the United States. No
person will deny that a warlike act is
war. Are not the marching OF an army
of one nation into territory that has ever
been in the unbroken possession OF
another with which il is at peace, and
where the jurisdiction, laws, and nu-
thorities of the country thus assaulted
have been daily enforced, and the over
throw of these laws and authorities by
the inv aiding army, and the subs'itnl'oU
of its military rule, warllke acts IL
these acts necessarily lead 10 wnr, it is
not competent for the President to au-
tborize them, because the cons'iiuti"n
vests the whole wsr-power Of the Gov
ernment in Congress. Buss ssuchs sew
are War, and in a most offensive form
Our armies have taken possession OF
good part Of New Mexico and Ch'hua-
hua, without any actual conflict OF arms;
and who will not say that we have not
made war upon those Mexican States !
No, the President has no more right or
constitutional power of himselfto UNDER
take such acts than he has 10 approprI-
ate money in the Treasury, or to decide
causes in the Supreme Court.
But the Message assumes boldly
that the Rio Grande, from its mouth To
its source, is the western boundary OF
Texas. Il predicates this conclusion,
mainly, upon the grounds that Texas
had ai,caus claimed to that boundary {;
that her Congress, by act OF 1886, de-
clared il to be so that Gin her treaty
with Santa Anna, in May, 1886, he
recognised it as such )" and that "Tex-
as, as ceded to the United states by
France in 1903, has been always claim
ed as extending west TO the Rio Grande,
or Rio Bravo" His proposition, then
is, that as Texas by annexation became
State Of the Union, and her western
boundary was the Rio Grande, the U.
States extended to that line, and it
was his duty to "see that her. laws were
faithfully executed" up bit.
Let US rapidly examine these various
points. BY the resolution annexing Tex
as, Congress did not recognise the k'o
Grande, or any other line, as the wes-
tern boundary Of Texas. There has
been at no time controversy or doubt
upon the true position Of any other than
the wesie,n boundary Of Texas !; and, IN
reference to this line, the resolution OF
annexation expressly included only "tss'
territory properly included within. and
righ,fully belonging to the Republic OF
Texas ;" cautiously providing, in add'-
ton, that said State iof Texas) was "io
be formed subject to the adjustment by
this Government Of all questions of b"un-
dary that may arise with other Sovern-
ments." Here is a distinct recognition
that this western boundary was unsettled,
and condition imposed which, in terms,
was acceded TO by Texas, that it's ad-
justment with Mexico should be made
by the Government Of the United States.
will any one maintain that the Pres'-
dent Of himself can adjust and determine
the unsettled boundaries Of the United
States q? That can be done only by the
treaty making power, the President and
the Senate acting by two-thirds and
this true and constitutional mode OF set
Ting the question is provided for by the
articles Of annexation. To the extent Of
the dispute in relation to the true locali-
ty OF the western boundary hne Of Tex,s
it was the duty Of the President Of the
United States to await the action Of the
ire aty- making power with Mexico. But
such constitutional delay did not suit his
purposes. He was resolved tot have
what he then thought would be an easy,
speedy, and triumphant brush with Mexi-
CO and, as his occupation Of Texus TO
the utmost verge Of her settlements west
Of the Nueces for six months would not
extract the first fire from her. he was re-
solve ed TO make the war himself, ahhoagh
Congress was then IN session. lie there
fore ordered the army to march in hos.
tile array to the Rio Grsnde. II this
position Of bis, that the western boun-
dary Of the United States extended
along that river from its mouth to it's
source, and il was his duty 10 MAINTAIN
tho jurisdiction and to execute tho laws
of tho United States up to IL, was NO, an
aher.ihought, why did he not immed dinie-
ly upon annexation march our army upon
II Santiago, break up the Mexican custom
house there, and drive her officers, laws,
and authority from the soil oI the United
States Why should he delay this
work for months, II he was 80 urgently
mpeiled by his oath and duty Santa
Fe, too, the capital Of New Nlexics, ~ss
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