The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-03-04
CONGRESSIONAL.
SPEECH OF MIR. RHETr,
OF SOUTH CAROLINA.


the speeches, made by friends on the other side OF
this Hall Before Congress met, i was promulged by
the great leader OF the wing party at Lexington and since
Congress me-every day esteday-today, this allacy
has been reiterated with long train OF erroneous in
ferences That fallacy is that Congress is, under the
constitution, the icar making Polcer. Hence il is in
ierred, that the President began the with Mexico,
and began tunconstnonally; that Congress has right
prescribe limit and determine the objects and purposes
OF the war; and that Congress has right TO all nfor-
nation possession OF the President relating to treaties
or the war, or It's operations think the principle is
false with all its deductions.
And in the first place it may not be unimportant to
correct understanding OF the question involved, to deter
mine what is war What is it for two nations to be at
war; In its effects, IT is not confined to those engaged
in military operations 1t is not with the army and navy
merely War is state OF hostility and enmity between
every man, woman and child of nation, with every
man. woman. and chld OF another nation. All property,
well life, subject between the hegerants 10 the
law OF violence everywhere-on sea or land
Now, where has The constitution of the United States
vested this great power-the power OF placing the TWEEN.
y-nx States IN the Union, and the people inhabiting
bem-in this condition OF war In the sth section Isl
dare car Now, the power to declare or begin war is
given to Congress; and IT is impaired to no other func.
tonares in the government Nothing is clearer than the
principle laid down in the Federast that power given
to one department OF the government, is denied 10 all
others This must be the result, for TWO reasons The
constitution being specific grant OF powers no depart.
nsn' oil the can Clam power no, granted
and, secondly, there he partition of powers be
tween the departments OF government without H. For
there TO be any partition OF powers between the different
departments Of government, a power given to oas de-
partmen must be denied 10 the Now, the power
70 declare rar is given only TO Congress II is therefore
adsnlal OF this power to any other department OF The
government
And the why Congress under the constitution
was alone Entrusted with the power declase on hegn
war, obvious A war affects all the people and al
tie S,a'es OF the union IT s most proper ,hs ali the a
pie represented IN the House OF REPRESENTATIVE ana al
the States represented in the senate should ee,erw
whether u shall exist Ia IN wh,eh not ani4 a.
ves oil ALL and the property OF ALL hui the liberty "a al
sTOns snSs 'ns voice q all .soala as,rnss
say that the President oaa begin war sai as ssssa
IN the war now existing with ksseo The tssa A
abusing the constitutional meaning 81 NJ eoft "a
and call the mere fighting OF -odisrs co. iiaaa ~
and then argue that ss the soldiers nuesrhrs ~ 49,
Of the President, therefore the frsssem hsEs ~ -
SiT, the mere collision of arms s,ih sAshss aatiaa
on land or sea. with wlssnat shs a.
dent is not war For. VI ~. sAs te4s@aaesas fs
would follow. Not the pfssssni messss
vary commander IN oar eArsafsse' ass
Union into war, All NN 49,
glory and power. the peaps u Is. s
be The mere tools OF mtlsssy Rastsilaa sa
With or without eaase issg ase ~
with lew esnnoa-sho9 81 MaAts
whole Union falls into ~ tSsa
they "rde the whiriwina as,s 8ass
lar worse ioE the F~oPls 'hNF
power A. Il exists II shs s,sAasSNe
hands OF kings ssxss = -
which has 10 osien hrsaxe &ss Ms
nsiioas w,Ii At ls~st = sssesaf O.
stoih9 W uov man 81
all the people, aa4 al iks sassa ~
The Union into STATE o. eah Nss
lemen have not feierssa - aeas ast
constitution 10 fs~fiy We kass tase
with other nstossi yet tass have eal &sfe
OF these collisions was sa fbss psn
against the constitution. bat al A. Fssi rs~fsfsas
will they say ri the collisioa ~ ksteeea ~ Nsa
ard and the Chesapeake What ~ III asas ~ - Cav
olne the other day Were the g~spas ~ fhs sasi
will they say of the ipnumerahc COLLISIONS atsl hsf~s
between the United States and fsnoe the cio- oi ~
last century. After France had long planderei
nerce, and killed and imprisoned many al Ouf sramea |
Congress authorized the President OF the United States 10
issue letters of maguc and repsa against France and
raise large army for our defence Many bloody battles
az sea was the consequence. in which conquered and
captured many OF her ships OF war, and upwards Of thirty
OF her prvateers. Was this war; The gentlemen on |
the other side, almost to man, say Why Because
Congress had formally declared war agans, France
NOW, as the mode OF declaring is left entirely al
the discretion OF Congress, is by no means clear
that the authorizing and directing hosdities by Con-
gress IS not as distinct method of declaring war
as any other. They say, however that it is not and
mat no war existed with France. They say this, by
M for which they voted the last session OF Congress- and
presume will vote for at this, (eary reported from the
Committee OF Foreign Affairs for the actor of Congress-
providing for payment to American citizens FOR French
poaons prior to the time of these authorized hostli
lies by Congress war existed then. it is clear these
claims have merit. A war extnguishes all claims |
between nations their citizens and can only be re-
vved, by treaty stpulaions No such spuations were
made In Closing differences with France either for
france to pay them, for to pay them The only
ground, therefore, which these claims, amounting to
some heen millions of dollars, can rest is, that there
was no war with France. There only collisions
Of arms Now, ask these gentlemen-hey themselves
oeing the udgesf all these battles with France, under
e sanction OF Congress- the declaring potcer, did
MOI put the United States into state of war, why should
lle hight on the Rio Grande. between few Mexcans
anu captain OF dragons, in which half dozen men
were Killed or wounded, plunge at into state
OIL war; Suppose, after Capt Thornton had been taken
prisoner by the Mexcans some time had eapsedsufi-
eh Tor an American cruiser in the gulf to have heard
o lhls event. and to have seized and brought into one
" our ports Mexican ship prlze-would courts
Of admiralty have condemned her, Would any lawyer
nave been found in any port of the United States. how
ever poor his legal reputation who would have rsked il
oy lioeing her for confscation' Even if the subse-
9uent battles OF Palo Alto and Resaca de la Palma
naa oeen fought before Congress had declared war
netner these, nor dozen such battles would put
me United states IN state of war with Mexico |
whose constitution, like that of the United States
empowers their Congress. alone to declare or begin
war. Sir, this collision of arms on the Rio Granle
was not the beginning OF the war with Mexico After
occurred, the President Informed Congress- of its oc
currence and Congress, by the act of May 1916 de-
eared war against Mexico by declaring its existence
After this act prizes at could be seized the lives of
Mexicans liable to be taken, and their property
sonhscated, according TO the laws of war Had the
PRESIDENT OF the United States instead OF submitting the
collision OF arms TO Congress- for Congress to determine
whether the Union should be placed in condition of
war with Mexico, arrogated to himself the power to de-
care or begin war, and, by proclamation, or in any
amer mode presumed to usurp the power OF Congress in
@ls high function of ACKNOWLEDGEMENTS and
aeah would have been his desert and, doubt not his
dte he attempted no such reasonable usurpaon and
"e,her began, nor attempted to begin, the war.