The New era. [volume] ([Portsmouth, Va.]) 1845-1847, 1846-12-29

It's also to he observed, that in all inquiries
Directed tn ascertain what principles shnuld
govern and whit measures may be righilully
adopted by our Unun in relation To the war with
| MeXlco,' and the Provinces which we may have
conquered from her, while reference must steadily
be had TO the law Of nations for our guide, that
| law so Tar as Mexico herself, and indeed all for
eIgn nations, are concerned constitutes the only
code applicable. and gives the only Limitations
and restrictions to our conquerng power that can
rghtimlly exist. In all our relations. especially
OF war, with Mexico and other foreign nations
whatever may be the constitutional form of our
institutions and the division of powers Among the
various departments of our Government, we are
known and recognized as an unit ---one sovereignty
among the national Brotherhood of sovereign now
ers--and may therefore as nation, a sinul,,
sovereignty, do in that with Mexico chat.
ever "her nations or sovere,gnties by the law ul
nations would he entitled to do towards belliger
ent and neutral nation. 1t will, therefore, at
once be perceived. that wide distinction may ex
| lst between what this Union, as sovereignty.
may rghtfullv do under the law uf nations in
me prosecution at lis helgerent rights towards
MeXco, and without offence tn neutral nations
and what the Executive of the nation, under the
Constitution of the Union and in Just s,ihnrdina.
ton To the division uf powers made and li,nila
lions Imposed by that sacred instrument. may
alone effect The question is external pure-
| LA question under the law of nations between
us and Mexico as begereni and other naiinns
as neutrals. The other is Internal question
| excusivey-a question of constitutional law be
tween the several departments of our Govern
meni. and involving inquiries 10 the extent of
the Limitations and restrictions of our Cunstiiu.
ton.
To ascertain, therefore, with precision, the
principles which should govern and the measures
which might he rghtfully adopted in the opera
ton of our armies against Mexico, il will he ne
cessary to examine separately the question in lis
/ external aspect, under the law of nations, in re
ference to Mexico and neutral nations and in it's
domestic features, as 10 the extent of powers pos
sessed, and which might have heen legiimately
exercised under Constitution by the President
alone. Such course Of investigation propose TO
adopt.
And first: what may this nation, under the
law Of nations. rightlully do in its relations to
wards Mexico a belligerant. and to friendly ia.
tons
The fundamental principle of the law of ma
tons, which, in its true view. is but the embodi
ment of the highest ethics Of morality and I'm.
manly. is by all conceded To be, that in the prose
cution OF the legitimate ends Of a just war there
should be as little outrage humanity as few
violations Of the benignant principles of peace as
may be compatible with their successful attain
ment. The legitimate ends of Just war are
conceded with equal unanimity and among them.
undoubtedly recognised as sufficient, are, To pun
ish the aggressions of foreign nation. and by
such punishment to deter the offending nation
and all others from the practice of similar iniu-
rIes; TO prosecute just ciaims whether of bounda-
res ar of indemnties 10 nation its citizens
which the opposing nation has refused or failed
peacefully to recognise and settle, and by force of
arms to settle such claims and secure sufficient in
IDENTITIES. la addition, every just war gives
righiful claim To indemnity for all expenses in
Cured in lis prosecution, and such indemnity
may he likewise seized and held
| These are precisely the just and legitimate ends
of our existing with Mexico. We seek To
punish her aggressons and injures-o deter her
and all others by ample vindlcaion of, our rights
| and honor. She has refused 10 make indemnity
| for acknowledged injuries to re cognse others no
less unqnesonab!e-she has scorned repeated
overtures for the settlement by peaceful negotia.
| ii n of disputed boundaries. We have determin
| Ell 10 take for our nation and its citizens Just in.
IDENTITIES 10 compel the settlement Of riohtful
boundaries, and to force from her satisfaction like
wise for the expenses of the war she has induced
will not stop here, Mr.. Speaker, to probe the
position so often taken by the opponents of the ad-
mInlsraon. that such war might have been
avoided. Even granting that by possibility it
seems unquestionable That abundant causes exist.
! ed for war on part and national honor justi-
| ties it. Certain it is that for these causes war
| has been regularly and constutionally declared,
and is now properly and legitmaleIy waged.-
And in the prosecution of its just ends, is il not
undoubted that, by the law of nations, our armies
may invade. conquer, and hold in suhura,ion the
| provinces of Mexico? II is right never cues
TONED TO any belligereni. II has been gloriously
exercised through the vaor of our soldiers and the
skill OF our commanders. The extensive repions
1 of the Caliornians. New Mexico. and the whole
territory north of The Rio Grande. have been sci
/ Zed and conquered Their inhabitants have sub
mitled, and no embodied opposition remains to
| dipnte the military dominion OF our commanders
over them. Under such circumstances what be-
came our rights and duties in reference to these
provinces, and their inhabitants, under the law
OF nations ? The primary paramount obligation
of the successful commanders, as recognised by
that law, and, indeed the first of all laws that of
self defence. was plainly to secure and defend his
conquest and his army in the military possession
! thereof With as little injury to the people as
might be compatible with this leading end indeed
/ bot with all the authority and power necessary to
| secure it, he was bound to act. But not merely.
though in the first instance, TO his conquest and
his army, were his rights and corresponding OBJ
Iiga confined. So soon as the inhabitants of
the conquered province submitted, and all embed
led opposition was al an end, they became bound
to obedience TO the existing authority which had
superseded and oveTlhTown the sovereignty pre-
vinusly governing them, and to them, had all the
rights of de facto government; and the con
queror, by corresponding obligation, became bound
10 secure them. so far as compatible with the safe
ty OF his conquest and army, in all their rights of
property. and in the enjoyment ofcivil institutions
and the regular administration of Justice II alb
soluiely necessary for self defence, he might have
asserted and continued over them the harsh Gun
control of martial law but in the absence Of such
necessity, such course would have been cruel and
revolving to the inst principles Of the law of ma
lions The worst Of all conditions for people is
10 be without government at ala prey to anar~
chy and confusion, with their rights, their proper
! w. and their persons, at the mercy of the rufan,
avis bor oh, to,r,