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

fellow the enemy beyond the line, the project is aban-
doned.
Mr. CALHOUN. But the senator puts the question,
How can justify the army in performing any act not
lhorzel expressly by law! take the ground that the
army may do, under the President the commandments
Chief ANYTHING that properly belongs him that char
acer Now, the extent is not defined is governed by
the eNgences OF war. believe the very terms
poy ed IN the elementary works upon this subject But
these acts must relate TO and not
try. Now If you mean that army operation can
seize provisions OF every description, OF anspor
taton, and on, never denied it but If you mean TO
say that after the country conquered the conmanier-n
chief may levy either taxes contributions, deny the
doctrine altogether
Mr. DAVIS, of Mississippi. The senator from Lou
isana [Mr oHNsos has expressed his conviction Of the
certainty OF an Immediate peace and that he based
his argument In presenting his motion TO recommlt the
bill with instructions. have just received letter from
Mexico which certainly does not encourage me in the
prospect OF peace This letter states that the road from
Vera Cruz to Mexico is infested by gueeros and that
party Tor Orzaha had been attacked by them, and been
compelled to to Vera Cruz Though reported that
the Me1icans had been DISPERSED yet the American party
left their dead On the field and all their property fell
TO the HANDS OF the guerileros Those reports which
we have had OF Santa Anna asking his passports and
leaving the country are all preiex Instead Of leaving
the country II is said that he is recruiting his forces,
and looks to future operations Perhaps he raising
nothing more than an escort but peace not his object
beg to say to the honorable from South Carroll
ma that that party IN Mexico TO which he alludes be-
ing neither unriendy inimical u.s. is the party
which Santa Anna falling back tor support in his hostile
turn to Mexico, as the enemy OF monarchical govern
ment, in order 10 overthrow Paroles
cannot, Tor myself approve OF any such policy as
that spoken of by the senator from South Caroina
at all conceive why he should regard the raising of
this additional force in the light of braggadoco.
We propose TO raise i for the moral effect which it may
this bill in order to give Mexico understand that if she
do not give peace willingly, will coerce peace
But that gallant army which has performed so many go
rious deeds, is rapidly wasting away The yellow fever
has appeared in Vera Cruz and troops dying in
the interior of other diseases The volunteers are be-
coming daily more and more dissatisfied with the service
and, in my opinion the spirit OF the contract under which
they entered the service lustes their discharge
as active hosttes ceased They entered for the war,
ties they would be discharged. Already the question
mooted whether, if there can be without decara-
ton OF war, there may not be peace without treaty.
| But the honorable senator from South Carolina not
only directs his attention the present measure which
he repobates braggadocio but goes back to
old subjecthe removal OF the army to the banks OF the
Rio Grande. He says:
"The whole affair is in our own hands Whether the
treaty fails or ho' we still have the comete control
above all things system Of bravado the man,
asement oil our nego atlon had hoped that that system
with England ab,ut Oregon 1t only prevented
ny the wisdom and frmness Of this body esorred
army under General Taylor to the Rio Grande but in
tended to sustain it, Unfortunately the ccnm
gon and this The consequence"
Now, the President has clearly the right to move the
army OF the United States into any portion of its territory
! Mr.. CALHOUN, Tin his seat) Certainly not into dis,
pusq 6AVs The senator say, that the President ha,
not the right to move the army into any n.y. disputed er1,o
question open Tor negotiation The administration sought
assiduousy to settle the question by nrgoaon What,
then, the argument of the senators When the oppo
party refuse to settle the question by negotiation, ar
we to be esopped Are we to allow the enemy to wrest
| from us the dominion which we claim OF right
II what is this but broad invitation TO every land to
dispute the boundary with us! But would ask the
he norable senator. How comes il that before the
annexation of Texas the navy of the United States
ordered to the Gulf OF Mexico for the protection of Tex
Mr.. CALHOUN. The answer is obvious. The Gulf
not disputed But though had right to lie off Vera
Cruz, we had not the right to enter the harbor OF Vera
Cruz.
to make naval demonstration against Vera CRUZ
| Mr. CALHOUN. have no knowledge of such or
der. Will the senator permit me to notice another point
He indicated that the President had right TO march the
army into any disputed territory. Am right
Mr. DAVIS do not consider it disputed territory.
Mr.. CALHOUN. However the senator may consider
it. the resolutions annexing Texas to this Union express
admit the country to the east of the Del Norte
tain extent to be disputed territory, by providing that the
boundary between Texas and Mexico shall be settled by
claimed any country beyond the Rio del Nore, ii
results necessarily that the point to be settled wheth
admitting, OF course, that the country lying east to some
extent, disputed territory. And, | ask how is a
question of disputed territory to be decided' There
be but two moles-by negotiation As far as
the former extends, the President, with the Senate rep
resent exclusively the United States but when negotia
ton fails to settle disputed boundary nothing is
clear that if it becomes necessary TO resort TO war,
,ablsh the boundary, in that the power passes
of the hand of the President into that of Congress,
which, under the constitution, exclusively possesses the
war making power and that it belongs, in that case,
clusivey Congress to determine what the boundary is
and to authorize the President to establish it by force
The great mistake of the senator and those who think
with him. is, to look at the question between Mexico
and the United States, and overlook the question be-
between the United States and Mexico there can he no
doubt: that when negotiation failed, the United States
had the right establish the boundary for themselves
but the question is through what department. Through
the President, through Congress Fhe very state
ment of this question is sufficient 10 decide it, The
error of the consists in supposng that when the
President failed to negotiate with Mexico in reference to
the boundary his failure gave him the reh to determine
of his own authority, without consulting Congress- what
the boundary when, in fact the failure OF the nego
ation exhausted his power, and left him OF
acting but by submitting the question TO Congress for its
decision 1t is really wonderful to those who have been
in this body for any considerable length OF time, that
there should be any question on these points
1t may be proper to add, that the power OF the Pres
dent and the Senate so rgidly restricted negotiating
and making treaties, that although they may make they
have no authority to set aside treaty when IT is violated
bv the opposite party That power belongs TO
the judiciary, but TO Congress- OF which there is re-
mark able instance reference to the treaty made be-
tween France and the United States during the of
the revolution. That treaty was ourageously violated
by France during her revolutionary struggle that be-
came necessary part to dsOwn any further oblga
ton under it and that made by joint resolution oil