The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-13

his CONTROL as the comma nder-n- chief of our mill
tary and naval forces then this country Is IN state
Of defensive war, without any declaration I%ar on
the part of Congress. "
According, then TO tho constitution OF thls cOun-
try, according the state OF facts existing on the
borders of Texas at this moment, there Is state OF
war existing between this country and Mexico
one that is defensive war, admit, on the part OF
this government which cannot become offensive
without declaration of war by Congress.
Mr.. RHErf intsrposed, and inquired whether
the clause of the constitution comforting upon Con-
gress the power "to declare war, grant letters of
marque and reprisal )" &c. said anything about ode
fensive" war, or offensive" war;
Mr.. TIBBATTS replied, there is nothing said
in this clause but our constitution establishes that
our President is the head ofthe army and navy OF
this country, and the laws passed in pursuance OF
that constitution give him the power TO call the aid
Of the army, and navy, and militia, TO rePsl inva-
sion, and carry on defensive SlthOut the aid of
Congress. Then | take il that plainly, according
to the law of nations, rhe position taken by the
President of the United States is a true position
that war does exist, and that the declaration IN the
preamble to this bill is truth Whether we will
make an offensive war against Mexico, and invade
her territories, remains yet 10 be determined. Not
only the President of the United States has the right
90 into defensive war, but this power IS secured
to the States themselves. This Is the provision:
NO State shall without the consent Of the Congress.
lay any duty Of tonnage keep troops or ships Of war IN
oil peace enter into any agreement or compact with
itsS actually inpadsd such imMnnt danger as U't
not ad@a Of delay"
Then LEI the gentleman no longer contend that Il
state Of war annot exist-a state Of defensive war
and constitudonaly exist, by the President OF the
United States repeng an invasion, or by State re-
peIliDg an invasion, independently OF any act OF
Congress
now come, sir, to the consideration of the ques-
ton whether this has been brought on by the
Of the President Of the United States, or oy the
act Of the government Of Mexico and TO address
myself to the remark of another honorable SEN
alor from Kentucky Mr.. CRiTTEsDEEl yesterday
The honorable gentleman says:
Mr. feared that all had not been done by our ENecu
that might have been done to avoid that result II"
hoped the senator iron Arkansas AiT sLNHh might BE-
able TO justify In every particular the conduct OF the Pre
lent but present he could good reason for al
yancng our army through disputed territory to the banks
the Rio del NOrts and pointing our cannon upon the
town Of MatsmorSs,'
Now, whether this war has been broug hit on by the
act Of thus government, Mr.. Chairman, or by the
government Of Mexico, depends the other ques
lion whether the territory between the Nueces and
the Del Norte is territory belonging to Texas or to
Mexico My colleague Mr.. DAVIS says It belongs
To Mexico. had occasion, Mr. Chairman, at the
| asst session Of Congress, IN speech which made
on this Texas Question: to devote some Of my time
| to an examination of this question OF title. Now
|
claimed not only by the people of Texas them
selves, but knowIedged by this government before
| we coded this country to Spain. And without re
peaung those remarks which | then made, | WI
send them to the clerk that he may read them.
The clerk then read the following
MIR Jefferson IN his letter to Mr. Bowdon nth July
| 1900, Den, Cor %, )says
W it'll respect to our western boundary, your InstGuc
tons Will he your guide. will only add as common
to them that We are attac retaining bay
BERNARD because the first establishment OF the
fortunate La Sale me cradle Of lou 'ond and more in
contestdhly covered aud convey 0us by France unde
that name than any other spot in the territory.
Demands bay bay the Gulf OF NleNco on thu
coast Of Texas longitude 90 80 W latitude Is 30 NWor
cesters Gazetteer ed 1873
Louisiana cededDy France to Spain IN l76I AMI
rance By the treaty OF Paris ofthe 81 April 1913
coded by rance the nted States AMI the possession
delivered BY the French authorities IN soI Mr. Madison
| expressing ms views and those OF MIR Jefferson, in
letter OF the 3st of March soI that Louisiana rN
tended wcstward to the Rio Bravo otherwise called Ri
Del NuTlr Orders CcOTdIngly obtained iron
the spanish authorities Tor the delivery oil all the posts
the west sije Ol the Mississippi"
states that Mr. Laussat the commissioner by whom tn
French government dersr,d he pOS'sEsOn Of Loauana
us announced The Del Nors its true boundary In lee
othe Sh OF July 1904 Mr. Madison declares the oppos
ton of Mr. Jefferson TO ht rsinqmShmsnt Of any fcr'O
MIR Monroe letter OF the sh OF November, 1909,
closes documents which he says Prors fneonisdbIy tina
and Mr. Pinckney unitss with Mr. Monroe in similar de
clarson and on the Goth April 1905, in letter TO Nj
Madison they assert title TO be unquestiOnHhir Nj
Monroe in his letters OF January 18th and June Nv
that could question tIlt 10 TtIaS AMI con
ours with Mr. Jefferson and Mr.. Madison in the opinion
that tile 10 ire DEL NOrt clear a' TO he island
| NsV Orleans"
"Mr JoHN QuiScY ADAMS, in letter to Don Onis OF tn
| 18th March, 1915 says:
The caam OF France always did extend westward t.
the Rio Bravo She airGy, claimed the territory whic
a part Of Louisiana And he further says: Well NIGH
Messrs Pnkney and Monroe write to NJ CevallUs. in l5O
that the claim OF the United states to the boundary of tn
| Rio RTaVO was
orlesns And in his letter of the sst October ISIS h
says Our title to Texas is established beyond the pow
| OF further controE erHy.
"Mr ADAMS in his letter OF instruction. to Mir ,Gcorg
| Graham, OF June 2, ISIS says:
' The President wishes you to proceed with all cor
venent speed that place (Galv eson) unless is nc
improbable you should in the progress of the journey
learn that they have abandoned, been driven from
Should they have removed to Matagoda any other L0c
north Of the Rio BrGro and Dithin The territory claimed
N, United States you will repair thther, hont howeve
exposing yourself 10 be captured by any spanish mtar
force When arrived you will in suitable manner max
known to the chief leader of the expedition your auho
ty from the government of the United States and expires
the surprise with which the President has
thus taken without authority from the United States
Mace uithn thr terrific, iai limits and upon hjch no 4pG
rsem,n can BE- made uiihOp thfir sanction You viii cs
upon him explicitly to nvow under what national auhorit
en- 10 the whole body that the place is u1fhn ne Unite
States, who wH suffer no permanent settlement 10 be
th'rs under any authority other than their orcn "
MIR Clay, in his speech the Spanish treaty April
1920, Niallory, vol J. PIP. 400 and iol0 says:
The title to the Perddo the side and to the r
del Norte the other rested on the same principle tn
priority of discovery of occupation by France III
principle observed among EuTopeon nntions having COZ
uguous settlements being that the unoccupied space
them should be equally divided In 1885 he &
Saic) made establishment the hay Of st. Rcrnar
west OF the dorado emptyng into it. The Spa
sh settlement Panuco; and the Rio del Noe abo,
the midway line, became the common boundary
| "Mr Clay also in his letter the 18th April lsll pu
shed in the National Intelligencer, says:
THE United States acquired title Texas extcndin
believe the Rio del Norte by the treaty Louis
ana They coded and relinqulshed that title to Spaur
the treaty Of 1919 by which the Sabine substituted iC
the Rio del Nore western boundary"
+ | request the clerk also to read an extract fror
Mr. CIay's speech of the Sd of April, 1890 In relt
ton to our title to Texas he says.
: Mr.. SEVERANCE here lnterposed, and aske
Mr. T. II he considered that the treaty of 1919 ha
any binding forceI
: Mr., TlBBATrS replied, certainly; but my OF
, ect is to show what we claimed to be the boundar
, of Texas before that treaty was made.
The clerk then read the extract from Mr. Claw
speech referred to, as follows:
This involved inquiry into claim to Texas.
not his intention to enter at large into this subject
presumed the spectacle would not be presented of que