The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-03-30

York from 1883 81 without any attempt the part of
Zen ashington TO disturb her possession Tie never
dreamed OF ackng either without authority OF Congress
anu II he hai there at that day that would not
have considered fragrant violation OF the constitu
non 10 nus may add we mad question OF disputed
which remained open under all administrations down TO
very late period OF that of Mr. Tylers Yet there was
not any attempt whatever the part OF the United
States 10 assert by force their right to the disputed terri
tory Sir, never heard dare denial OF the prnci
pie, anterior to this war with Mexico, that the ENecu
tive, on his authority had right to march The
army INTO disputed territory
Mr.. WESrCOTT. beg to remind the senator that
Mr. Jefferson and Mr. Madison seized upon the country
Mr. CALHOUN 'pF Oh that was a triiling case You
could cover the whole country with blanket
Mr. DAVIS. repeat. that cannot perceive on what
grounds the will Justify the orders sending the
navy TO the gull OF Mexico, whilst we were negotiating
the annexation of Texas and yet deny that after an
| neXalon was completed
! Mr. CALI DUNN Tney were issued when Congress
in session IL any attack had been necessary, APP
pication would have been made to Congress for au-
thorIty.
| Mr. DAVIS. The whole case is matter of record and
we know, well the actors in it, that our navy did
stand off and the coast, look into the Mexican har-
bors, to keep our government advised OF any hostile
movements, and be prepared TO act if necessary for the
protection OF Texas For like purpose, a large portion
OF army concentrated upon the border and put in
correspondence with the President of Texas. The
from South Carolina, then Secretary OF State, commu
ncated 10 the Texan government this disposition OF our
lald ana naVt IOiceS, ana announcer ne puf-
pose of the President duty under the then existing
circumstances, to ali hs constitutional power to pro-
tecI Texas from foreign INVASION If the whole power to
grant the protection thus offered consisted in asking for
authority by an act of Congress- it was promise likely
TO be filled with hope deferred In view of the delays
which would probably have attended the passage OF such
act, what justification there be for early move
men OF the army and navy to the immediate proximity
of anticipated operations Does the senator deny the
power Of the President TO order the army into any part OF
| Mr. CALHOUN. He has no right to order ii into dis
puied territory.
MIR. DAVIS. What! shall foreign power dispute our
territorial limits refuse to settle the boundary by nego-
tlaon by force territory rghtluly and our
Executive stand powerless by and the enemy gain
the advantage OF occupying a the commanding positions
every coerminous power TO select their opportunity and
dispute boundary AT any time during the recess OF
Congress- according the senator's general position, the
territory thus disputed could be seized with entire safety
Upon the question of the northeastern boundary, to
which the senator alluded my recollecons different
from his think, by both the Committee on Military
Affairs and by the Committee Foreign Relations, re-
ports made at the time, recognising the power of the
Executive 10 use the military force OF the country-to
call the militiato protect the territory claimed by
Maine from hostile invasion, attempt by military
force to exercise exclusive jurisdiction within the dispu
ted territory But was about to say, when yielded to
the honorable SENATOR that after Texas became part OF
the American Union, and we failed by negotiation to ad
Just the boundary with Mexico, the question became
closed against us, and the United States had Other
mode by which to determine the territory OF TeSas
than by reference to her limits defined before an
nexaton 10 the United States; all which had been
serted ami maintained, and which we were bound to
insist and defend from orcble seizure. By annexa
ton, Texas lost the power negotiate carry the
and coexen,ive with this surrender were the obi
cations imposed upon the United States The President
lid what, every man OF patriotic impulses wall say he
should have donelorI TO Texas that protection which
State has the right t. demand and IN ordering the
to the Rio Grande, he did no more than might have been
lone IN the OF the northeastern boundary when thai
was an open question. But the senator has laid down
the position, that this done TO inlimldate Mexico
| CORPUS
which hal been made port OF entry. Was that then
in the disputed terrory' Where was the disputed terri
Tory? Mexico claimed up to the Sabine. She has
nued to assert that clam, and any intermediate line be-
tween the Sabine and the Rio Grande is of our sugyes
ton not Of Mexican origin When at recent periol
the severed territory of Texas, to gather aures the
banks of the Sabine, and lay them at the feet of the
preme government. A right to the whole of Texas, a
determination restore to Mexico has, by her soldiers
and her statesmen been uniformly assered-adhered to-
with the pernacy characteristic of the Spanish The
whole OF Texas then, included in this disputed terri
tory and the President had right TO march the army
the Rio Grande he had right to order il the Sa
nine Mexico claimed the whole of Texas. In the conro
versy the part OF Mexico the question not whether
the Nueces or the Rio Grande was the boundary, but
whether Texas apart OF the United States not Upon
part OF the United States that question was closed
forever osed before her army was ordered INTO the ter
toy OF Texas, nothing open but the adjustment of
boundary. This was sought by negotiation with Next
co, and our advances were insungly repealed. That
the boundary of revolutionary Texas was the Rio
Grandeat least the lower part OF that rlverhas been
too often and too concusively demonstrated to require
more than passing notice Without advering to the
of evidence which has been presented here other
occasions, will refer only to that which mainly
y. After the battle of San Jacinto, and when Santa
Anna a prisoner in the hands of the Texans, Gen
eral Filisoa, commanding the Mexican army, wrote
to his government communicating the fact of Presl-
lent Santa Annals capture, and giving the saddeSt
count OF the condition of the troops under his COM
mand. The President dd interim replied, and gave
the General authority to do whatever should be
sary to procure the release OF the captive President
and to save his troops and munitions OF These
suits obtained By treaty. General Fsoa was one
of the parties that treaty. and the consideration given
Texas for the benefits thus secured the recog
milton of the Rio Grande boundary and the immedi-
ate withdrawal of all Mexican troops beyond il Ii is
true, this treaty formally ratified by Mexico;
out having obtained the full benefit of all its stipuatons
submit whether the moral obligation not complete
henceorth and forever to recognise the Rio Grande
the true boundary That is the only argument which
have found it necessary to rest this point
Not being lawyer, will not attempt to discuss legal
question with the eminent urst the other side of the
chamber, lAlr WEBSTER but cannot forbear from
pressing my surprise al the which he in connexion
with the distinguished senator this side of the cham
Der, Mr. CALHOUN, takes of the legitimate rights of
army when invading foreign country. They would re-
strain our army from the moment it enters hostile
try, To prevent il from awaiting itself of any of the
public fun isthey would restrict it to such contributions
as they might wiring from the citizens Now, of the
evidences OF the advancement of civilization in the
duct OF has been that very procedure the
part OF army which these distinguished senators
denim Instead OF wrIngng from poverty-from the ag
ncultural ctzen-the means OF maintenance, army
have seized only upon the public of the
try, and have thus illustrated the intelligence, chivalry,
and humanity OF the American people