Tri-weekly journal., 1848-02-05
THE JOURNA L.
SATURDAY, FEBRUARY 5, ls4s.
MIR. BADGERS SPEECH
In the Senate on the Ten Regiment Bill.

military force.
Mr. BADGER said: II believed sir, that the
duty which / owe to the country and to the
State which has sent me here, could be per-
formed by yielding to the acquisitions of the
Executive of the country such supplies as he
may deem necessary for the prosecution of the
war, upon plans for prosecuting it which have
not been made known to Congress-f l be-
lieved that had not high and controlling OBJ
legation to exercise my own best judgement for
the benefit of those whom represent, and for
the general welfare of the country, upon every
question submitted TO the consideration Of this
BODY, | might be disposed to vote for the bill
upon your table. If, sir, the yeas and nays had
not been ordered upon the passage Of this bill,
| might have been content to permit the meas
ure to pass, as far as am concerned, without
offering single word to the Senate upon its
intrinsic merits. But the yeas and nays have
been ordered upon this bill. cannot vote for
it. | shall record my vote against it, and,
think il is due to the county, feel that it is
due to myself-that the views and principles
which will govern my conduct in giving this
vote should be plainly and distintly stated, and
should accompany TO the public, the vote 1t
self. Sir, shall endeavor to assign those views
and principles in as short compass as is con-
sistent with full exposition of whatl believe
to be the truth on this all important subject,
and which every consideration obliges me to
put before those whom | represent, without
any unnecessary diminution, in fulland COM
plete expression of the argument which, in my
mind, is conclusive in regard to the measure
before YOU shall offer my own opinions,
sir, with entire respect, and even deferental
consideration, to the great minds OF this body
and throughout the country, whom | know to
be arrayed against me. Without intending to-
wards them any disrespect, | shall take the lib
rfv IN darlaro hat fba which /
entertain with regard to the origin Of the war,
the manner ofits prosecution, the tendency Of
the measures now proposed, and the schemes
that are evidently entertained by the Executive
OF the country in relation to 1t. shall not
90 as far back, sir, as an honorable Senator
from Maryland did few days ago. q mean
the honorable Senator from that State who first
addressed the Senate upon this bill,) but, new
ertheless, | shall be under the necessity of 60
ing little back for the purpose OF making my
self fully understood.
First, then, i will lay it down, and endeavor
TO demonstrate, that the war in which we are
now engaged with Mexico, was the immediate
result of the unlawful and unconstitutional
act of the President of the United States.
suppose, sir that there is no gentlemen on this
floor or elsewhere, who supposes or believes
that the President of the United States is vest
ed with the war power of this country. 1t is
apower expressly, and in terms, conferred upon
the Congress of the United States. And the
President would have no control, direct or in
direct, except from the incidental circumstance
af H. l:-..:ssd tiIO~oLtivrI VI the TWO
Houses, and except from the fact that in vir-
tue Of his office he is the chief commander, the
principal military officer of the United States
maintain, Mr.. President, that when the
President of the U. States moved the troops
under General Taylor TO the Rio Grande anC
fnok nf tho loft honl- of that tctr I'M
he committed clear and undoubted act o
war. What is war? What do the writers OF
the law of nations tell us il Isl They all, il
substance, define it TO be a contestabout right:
which is carried on or maintained, not by ar
gument, but by force. 1t can, therefore, admi
of no question, that when a nation claiming
certain rights, which are disputed by another
undertakes to support those rights by force, sh
undertakes to support them by war-war as IA
she is concerned. 1t is true if the act of vic
lence or aggression on her part be not resiste,
by the other that suffers tiff it be patientl
and tamely submitted to-no war results. L,
constitute war, it is as essential that ther
should be two parties, as il is, that there shoult
be two parties to treaty of peace. The ac
oil one nation cannot alone constitute war; i
is like the act of an individual striking blow
If 1t be not resented, no contest, no battle, NJ
fight is the result. The blow is an act of az
but 1t does not amount to a perfect contest
Whether this act on the part Of the Presiden
was an act of war, of hostility, of aggression
depends not at all upon the question, whethe
we had right to the territory of which h
took forcible possession.
War between nations, pre-supposes con
test about rights. The publicists, who spea
OF contests between nations, never suppos
them to con tend except about rights. War
contest about rights. Public war is con
test between nations about rights, carried o
by force and not by argument. IT, therefore
II were assumed as clear and unquestionabl
that the title of Texas and the United State
extended to the Rio Grande, ii is still beyon
all doubt, that Mexico possessed the left ban
OF that stream, having settlement there, an
exercising jurisdiction there-and any move
ment to dispossess Mexico, to occupy wha
she has thus occupied and what she claimed t
be her own, is an act of war. 1t is an act iu.
and rightful if the territory be ours-iust an
righttul II the territory be unjustly and improI
erly withheld-just and rightful, if, also, III
act OF war be directed by those who represen
the sovereignty Of the nation. Well, sir, th
act was committed By the President of the l
States. He ordered the troops to the iRo Granc
They advanced. When they came into Il
Mexican settlement, the inhabitan fed b.
fore them in dismay; the officers abandoned Il
public buildings and SET fire to them, and und