The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-23

shall be invaded, be in imminent danger of inva-
sion from any foreign nation Indian tribe, TO call
forth such number Of the militia Of the State or
States, most convenient to the place Of danger or
scene Of action, as he may deem necessary TO repel
such INVASION and TO issue his orders for that pur-
pose TO such officer or officers Of the militia he
shall think proper" Now, when the country is in
vaded, and he acts under this law, does he not act
by the authority OF the sovereign power Of the ma
tioni Has not the power so TO act been delegated TO
him by the sovereign power ITSELF
So far as the United States are, then, concerned
in repelling INVASION the President the rep
resentslive Of the natonj and this without formal
declaration Of war by Congress, TO enable him TO do
So Such declaration OF war is unnecessary TO enable
him to do So He has already the power to do so and
the constitution makes Il his duty to exercise IT, In
deed, under the law Of nations, declaration Of war
was never necessary In case Of defensive war Vatte
says: ale who is attacked, and only wages defen-
sve war, needs not make any hostile declarationj
the state of warfare being sufficiently ascertaned by
the enemys declaration, on open hostiiiies In mod
en times, however, the sovereign who is attacked,
seldom omits To declare in his turn, whether
from idea Of dignity, for the direction Of his sub
jses" 1t is only Ia case OF offensive war, or the
commencement Of war on the pari Of the United
States that cong hess is called upon ito declare Ua
before the state OF war can properly exist.
= Then how is it with Mexicol (said Mr.. P.) 1t is
said that it does not appear that the sovereign power
nation may diselaim the acts Of the general; and
that in that case there would be war. Now, can
any one in view OF the whole conduct Of Mexico
suppose for a moment that this is possiblel The
general changed in the face Of our troops; and by
whose authority was this donel Does not this look
like as If the the finger Of the government was in
this natter There is no need Of declaration of war
on the part Of Mexico to prove that war does actu-
ally exist They are not bound TO furnish us with
evidence that the war does exist. How, then, can
we determine upon what they have resolved to do
except through the acts Of their legally appointed
oeersl We not bound TO wait until they furnish
with evidence Of their intent to strike before we
can say that war exists. Every presum ption oflaw
and OF common sense is in favor OF the idea that so
much military parade and preparation, and such
fearful responsibilities, were never made and assumd
without the direction of the proper authorities in
the republic Of Mexico. We must hold nations
bound for such acts Of their officers, otherwise
there would be no security for the peace Of the
world.
War, then, exists, and shall we not say so
The highest considerations Of policy and justice re-
quire TO do so. II Is necessary that we should
do so to apprlze our own people at home and abroad
Of their relations and duties growing out OF this
state Of war. Ii is necessary that we should
do to apprize neutral nations OF the fact, to
able them to conform their conduct TO the rights
belonging TO the new state Of things. And IT Is ne
cessary that should do So in order to obyiate all
difficulty, when we come to treat Of the right to
seize certain things which neutral persons
ryng to the enemy, and sf what is termed contra
band in time of war. Entertaining these opinions,
Mr.. p. said he opposed to oil amendments
which should be offered to the bill, having for their
object the striking out OF any portion Of the bill
which asserts, most truly, that does exist, and
he should vote accordingly.