The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-02-17

letter intended vIndcaie the constitution the gov
;rnment and the honor OF the nation No more aIpro-
lraie medium of communication on these subjects could
| De chosen; | know you well Gifted with an enght-
ened mind; devoted to popular liberty uniting in your
character the ardor OF the patriot with the disciplined
ourage OF the soldier the sympahies of your heart can
not fail TO be enlisted in whatever the welfare of
your country, or the glory OF her arms.
have read, SIR with uniegned establishment and
row, letter purporng have been recently addressed
to gentleman in Ohio by associate Justice OF the Su
preme Court OF the United States. My first impression
was that II was forgery could not believe that any
Judge OF the Supreme Court of the United States coul
ADVANCE the unconstitutional opinions which that letter
contains; much less could suppose that eminent
magistrate, clothed IN the pure of Justice and law,
| would amidst the conflict OF between his
country and foreign power, come down from the bench
TO take part against his own government and pever
The constitution Tor the purpose OF weakening
| The prosecution OF that conflict
But, sir, fear, from some expressions in the letter,
hat IS the genuine production OF that distinguished u
| st have heretofore heard OF his denunciatons OF
| this miserable war; have heard of his fdunts at
military glory"-and coupled with his long uncon-
ceaed ambition to become the President of the United
States, my surprise diminished that he should at this
crisis in the presidential contest have allowed himself
be betrayed into the position of an echo of the sentiments
OF the Lexington orator. and OF rival for the favor and
suffrage of the wing party My early and nveemte per-
sona respect for the eminent judge-my still undated
Kindness for h-my regard for the republican principles
win which he first came into public lie-unIte IN making
depore the course he has thought it, this OCCASION
10 adopt Nor would J. subse any other human
purpose than what idevoutly believe be the present
and permanent welfare OF my country, indulge
IN any public anmadverson upon the letter which
suules the subject OF this communication Nothing per-
sona or dsrespectjul shall tanish this anmadverson
This has been glorious in all respects II has been
characterized by skill judgment, ndomtabIe energy AMI
courage 1t has been distinguished by the humanity with
which the vanquished enemy has uniformly been treated
1t has been unchequered by defeat by OF co ~
ardce, the part OF any portion OF the American
1t has brilliantly developed the military capabilities
OF the country 1t has been illustrated by than
twenty live American victories. 1t has elevated the
OF American patriotism and OF the national feeling thas
taught Europe to appreciate our strength and to
capacity for defence well for aggression Ii it has
been dashed by the heroic blood shed its progress that
the inevitable incident of all And if this he the
ground for the judicial denuncation OF this as msera-
BILE war, the same denunciations might have been utter
| ed against the war OF the revolution.
! The commencement of the that of invasion,
attack, and boodshed against II a wagei
by set OF military Mexican usurpers, sustained by their
rabble army, composed of the mixed and aduliera,ei
blood of the negro, the native Mexican, and Spaniad
And the government of the United States would have been
recreant TO their pghed faith of the States OF this
Union-recreant to the American peoplerecrean the
national honor, il it had not promptly adopted the
to repel the threatened invasion and hostility of the
! Mexican enemy.
Before our army took position in any part of the ter
ory OF Texas as soon as Texas admitted into the
Unlon our friendly relations with Mexico sunder
ed by her own act Her minister had demanded his
passports, and terminated the peace of the two nations
| The Mexican government had proclaimed its determine.
ton 10 consider the annexation of Texas declaration
of war on part 1t had actively commenced its prep
atoms for war 1t clamed-not what faction here has
|
OF Texas, from the Rio del Nore the Sabine. All
these demonstrations occurred before General Tay-
! lor marched 10 Corpus Christi. And, with knowl-
edge that the Mexican government had marched an
army towards Texas, General Taylor ordered TO the
Rio Grande He had no sooner arrived there than he
found Mexican army on the opposite shore of the river
Before he had fortified his positions at Point Isabel and
opposite to Matamoras, the MexiCans had crossed the
river They had murdered Colonel Cross; they had at
tackled small detachment OF American troops, killing
and cutting OIL the greater number of them. They were
rapidly increasing in numbers. Their formidable force
menacei the entire destruction of General Taylor and
| his gallant little army.
Under these circumstances, and with the intelligence
OF the meditated hoses of the Mexican enemy, if the
executive government had not ioreseen anticipated and
instructed the military officer ling our troops 10
proceed as he did, would have violated constitution
al duty-t would have given 10 the Mexcans every adj
vantase- would have exposed the whole OF Texas,
member OF tins contederacy to invasion and conquest
it would have exposed small American army to sau,h-
ter, Capture and disgrace And the opposition at no ne
would have been the first and the loudes in the con.
demnalon of the criminal imbecilty of the President
The successful defence OF Fort Brown the glorious bat
ties OF Palo Alto and Resaca de Ia Palma would never
have taken place. Inc Mexican enemy would have march
ed to the Sabine, and for time occupied the whole of
the State OF Texas, then and constituting part of
nls Union is the constitutional duty OF the Execu-
ve on all emergencies, to be ever ready to defend the
country and at all times to maintain its honor abroad 1t
IS the duty OF the Judiciary administer justice fairly and
lmpartIally at home
shall now, sir, proceed to show more conclusivey
that with the Intelligence possessed by the President of
the intentions and movements of the Mexican govern
prepare, as he did, by all the military means at his dis
posa for the defence of the nation and for the repuson
OF threatened Invasion
1t has been doubted that for these purposes the
President has the power to employ any portion OF the ar
my In pursuance Of provision of the constitution the
law enacs that whenever the United States shall be in
vaded r In imminent danger of invasion from any foreign
nation, the President shall call forth the militia of the
States most convenient to the place of danger or the
OF action according to his Judgment OF the neces
sites OF the emergency, 10 repel it.
Aware OF the preparations of Mexico, her movements,
claims, and declarations regard the invasion OF
Texas and considering that State, part of the Unite
States, to be in imminent danger of INVASION the pr,s
dent, as by the law under the constitution authorized
ordered General Taylor first take position at Corpus
Chrsu; and, the danger becoming more imminent he
then ordered h 10 advance, and take such position for
defence the left bank of the Rio Grane as his ulr
ment should cons Ter the best Orders as true forecast
aud foresight dictated, also given to him. when
the exlgency might happen to require it, Ill upon the
States nearest o<the place of danger to supply him with
( such force OF militia he might need to meet and
repel the danger All this strictly within the co n
potency OF the executive power and all this atone was
done by the President prior to actual bostiites The
President neither desired made any declaration OF
war. The war was commemorative first blow was
struck by the MeXcans arrayed in large military force
on the Texan side OF the Rio Grande
The constitution of Texas compehended as within her
limits all the territory to the Rio Grade The Presi LEM
had no power TO consider that any portion of down TO
that line not part of Texas The of anne nation
rendered the formation of the State of Texas subject to
the adjustment by government OF all questions of boun
dairy that might arise with other governments No such l.
lustment had occurred Nodisposon had been shown by
Mexico TO negotiate that or any other point And the
President was not at liberty to consider any part Texas