Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1848-08-17
VOL. XIII, NO. 4O.---WHOLE NO. 2Is3.

NhSSio "tiC iSll 10 IBuu VII lut sunny
remnant that survived? But it was all of no
consequence it did not glorfy politicians!
Where was the battle of New Orleans, which
distinguished General Jackson? That, too, had
done nothing TO tablish the character of the
country. We had never had any character un.
til now. All our terrible fights upon the ocean,
in which we had bearded the lion in his den in
which we had met and vanqushed that Power
which had boastfully claimed that
"Her march DER the mountain wave,
Her home was on the deep"
we had fought that Power on the great highway
Of nations, yet we had never had any reputation
until we acquired ii by contendng with poor,welk,
distracted Mexico where our officers and men
had not thought it was consideration enough to
get up battle, unless in the proportion of one
10 four, or six, or ten Mexcans that unless
there were So immense disparity of forces a
ganst Us we could acquire no military glory!
Where were the public receptions given 10 the
body Of our men returning from the war? He
did not attempt to declare it on his own respon-
sibity, but he more than suspected that when
Gen. Butler had got into difficulty with his tnen
because he would not disband them at New Or
leans-and that the case was the same of the
similar trouble which had arisen at other points
the reason was that the men we're ragged, des-
tltute, dsheartened, and unwilling to be exposed
to public inspection by being marched into the
cities in their present condition., and were desr-
Gus to get home as quickly and as privately as
possible. This was the glorious peace Tins
was the security we mad got for The future,
But he came to the other point set forth in the
message; that was the " indemnify for The pust"
That consisted in the acquisition Of territory
How was this 2 In the first place, he wanted 10
call the attention of the House and the country
to the extraordinary impression which seemed
n Drpvail with tho Eypcutiuo in, ralotion 10 tho
power which he possessed in acquiring and gov
erning territory Nothing was better settled by
the laws of nations and decisions of the Supreme
Court than the rights of conquest. What was
conquest? 1t was the subjugating of the ,uhole
nation. 1t was when they we're sub itlga, when
they went under the yoke, that they were con-
quered; and until they were conquered we had
no right but the right Of possession. If power
was found to treat with and treaty was made,
by which hostities were terminated, 1t must be
either on the basis of tii poss;deis, or of Status
quo ante 6elLun. Therefore no title exists by
military occupancy. Title is acquired only by
treaty, unless the whole nation is subdued, and
SO none left to make treaty. These were
views perfectly familiar to every man who had
examined the subject. And yet how had the
Administration conducted: A year ago last De-
cember, because our armies had raised flag in
New Mexico and California, the Executive had
congratulated Congress and the country upon
the extension Of our territories, and had really
seemed to suppose that we owned them and he
| (Mr. CT did not doubt that the commanding off
GERS whom the President had sent out there 40
understood it, and had established Governments
there accordingly. But at this session the Pres
ident, in hs message, (page H. had called upon
Congress to establish permanent Territorial
Government for California and New Mexico, be
cause we had got entire possession of them, and
he did not mean to give them up; and if Con-
gress agreed with them, it then time we
should establish Territorial Governments over
them. What did he mean? Was it not per-
| fectly obvious that this well known principle OF
the law of nations was utterly overlooked and
disregarded? We at that time had no treaty.
no guaranty that we should have one although
it had now come. Congress was also requested
to legisate for other territories of the enemy in
which our army Was in possession, and to estab.
lsh civil governments there also, even if we did
not mean TO keep them Now, what could he
mean by this? If it was intended that they
were within the jurisdiction of Congress, all the
power which the President had exercised by way
of setting up Territorial Governments, irving
and executing Mexican citizens for treason a.
gainst the United States was utterly without
authority. The territories could not be within
the jurisdiction Of the President as commander.
in-chlef of the army and Of Congress at the
same tir.e; and il Congress had power to es.
tablish Governments over them, rs he admitted
he could have no legitimate power to govern
them at all. Thus the President bad set up Gov
ernments over Territories, and then had asked
Congress TO legisla.e permanently for territore.
we had not determined to keep, tphen Toe had nc
treaty; and now they were asked to establish
permanent Governments because zoe had q ireoiy
1t reminded him OF the verdict OF an Irish jufv
Of inquest: that the man fell off the bridge anc
dashed his brains out, that he was drowned il
the water below, and that he had drlled up or
The beach and had frozen to DEATH So here
were three different powers recommended by the
President over these territories. He had first
set up Governments by his own authority as
soon as our armies had set up there the flag oil
the United States /; he had next asked Congress
10 establish permanent Governments there before
the territories were ours, If we intended to keep
them and now that we had the treaty, he again
recommended to Congress TO legislate for them
lie noticed the fact stated in the message oil
his having levied contributions and imposed du.
ties IN Mexico, and inquired for The authority on
which he had acted. He denied that the extracts
from writer's on International law quoted by the
President to sustain his action were pertineat &c
the point. They went TO establish The doctrine
that, as between one nation and another, the in
Vadlng nation had tnat authority, which no one
denied. But the inquiry propounded to the Pres
dent by the resolution OF the House, and which
the country demanded to have answered, was,
by what authority the Executive department OF
this Government had undertaken TO exercise this
power? These extracts were of no weight in
this case, unless the President assumed that he
was the absolute sovereign. Now, he asked
gentlemen if the conduct of the Executive on
these points had not been in violation OF, abso-
lutey inconsistent with, several provisions of the
constitution? The constitution first provided
that no supplies should be appropriated by Con-
gress for the support of the army for more than
two years that, at the expiration OF two wears,
the appropriation, or the unexpended balance,
should revert to The Treasury. The intention OF
that provision was that the President should not
be clothed with the power and Importance Of the
control Of an army for more :han two years
without being obliged 10 come to Congress and
ask new appropriations for its support. Now, if
the President assumed TO send an army into a
foreign country, TO levy contributions, to impose
duties, and sack and plage lis cities, and pay
the army with the means thus acquired, was not
the object oil this constitutional provision wholly
defeated? He referred TO the historical fact
that in the convention Mr.. Morris proposed that
two thirds eli the Senate should have power to
make treaties Of peace without, the President, Tor
the reason as stated at the time, that, in time OF
war the President, with an army IN the field and
enoyln6 all the patronage which as commanders