The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-04-20

/
says:
sin pursuance of the Joint resolution of Congress
for annexing Texas to the United States my prede
cessor, on the third day Of March, 1915 elected tt
submit the first and second sections Of that resolu
ton to the Republic of Texas an overture on thu
part of tile United States, for her admission as
State into our Union. This election approved, and
accordingly the charge dalairs of the United States
in Texas, under instructonssof the 10th Of March
1915, presented these sections of the resolution o
the acceptance of that republic"
Here, Mr.. President, is full approval oil
all the proceedings of Mr. Tyler, touching the
manner of annexation. The first and second
sections of the resolutions were presented to
Texas for her acceptance, under instructions
from President Polk, given seven days after
Mr.. Tyler's term of Office had expired. Mr.
Polk was not bound by the proceedings oil
his predecessor He had full power 10 with
hold the resolution, and proceed to negoti-
ate, if he preferred that mode of acquisition
But, Mr.. President, it is time to leave this
branch of the subject, and pass to the order
OF the 18th Of January, 1876, for the march
of the army from Corpus Christi, to the left
bank of the Rio Grande. This order, in my
Judgment, was an act Of Executive usurpa-
ton, and the immediate cause of the war. II
our army had remained at Corpus Christi,
the acquisition of Texas would to use the lam
guage Of the President
" Have been bloodlcss achievements No arm of
force would have been raised to produce the result
The sword would have had no part in the victory
The resolution of annexation declares:
THAT Congress doth consent, that the territory
properly included within and rghtfully belonging
Rpnuhlip n In int, 80,
new State, &c, in order that the same may be ad-
mitted as one of the States of this Union. Said
state to be formed subject to the iustmcnt by this
Government of all questions of boundary that may
arise with other Governments"
1t appears on the face of the resolution, that
a portion of the territory claimed by the re-
public of Texas was in dispute, and might not
properly belong to her, and that her right to
the disputed territory was a question TO be
settled by this Government and Mexico
The republic of Texas had, by her act of
Congress, passed in December, 1886, declar-
ed the Rio Grande, from its mouth to its
source, to be her southwestern boundary !;
but she had not, at that time nor at the time
the resolution of annexation was passed, pos
session of any portion OF the country west of
the Nueces, except small settlement on the
western bank of that river. The whole ter
r!tory between the Nueces and the Rio
seat, with the exception of the small settle
ment mentioned, was in possession of Mexico,
and claimed as part Of her republic. Now,
sir, what was the duty of the President in re-
gard to this matter? What are his powers
in the adjustment of international contro.
versies9 They are pacific; not belligerent.
His instrumentalties are diplomatic agents !;
not armies and navies. He makes contracts
and treaties with foreign governments but
he has no authority, without the consent of
Congress, to call on the military power of tina
country to enforce their performance. He
is, it is true, commander-in-chief of the army
and navy, but he has no authority to employ
them against foreign nation for any purp sc
whatever, without the order of Congress-
And Congress alone is constitutionally in
vested with the power of changing the con-
dtion Of the country from peace to war
This was the opinion Of Mr.. Jefferson, as
expressed to Congress in his conhder tial
message of December 8, 1905, in regard to a
question Of disputed boundary between the
United States and Spain, growing out Of our
Louisiana purchase.
" After nearly hVo months OF lrultlcSS ondCaVOr,'
says Mr.. jefferson, "ou minister ended the confer
ence, without having been able to obtain indemnity
for spoilations of any description any satisfaction
as to the boundaries of Louisiana, other than de-
claration that VIC had 10 rights eastward Of the
Iberve."
"Considering that Congress alone is constitution
ally invested with the power Of changing our condi
ton from peace to war, have thought it my duty
TO await their authority for using force in any de-
gree which could be avoided
This, Mr. President, is sound constitutional
doctrine, and if Mr.. Polk had followed in the
footsteps of his ilustrious predecessor this
war would have been avoided. 1t was the
duty Of the President to settle this question
Of disputed boundary with Mexico, by ncgo-
tiaton if he could, but if this effort failed, it
was equally his duty to inform Congress of
the fact, and await their authority for march
ing the army on to the disputed territory
Congress was in session, and could have been
without the least inconvenience.
The ground / assume is, that the territory
between the Nueces and the Rio Grande, be-
ng disputable, and most of it in possession of
Mexico, thc President had no right to take
orcible possession Of it, even if it l'ightfully
belonged to the State of Texas, without al-
hority from Congress. We have had many
questions of disputed boundary with foreign
lations, and no administration, except the
present, ever thought of taking forcible pos
ession of the disputed territory. Our north
EASTERN boundary was in dispute from the
,eace of 1888 to 1912, and no attempt was
made by any of our Presidents to take pos.
ession, by force, of the territory we claimed.
5ut, Mr.. President, various pretences have
'een set up to justify the march Of our army
o the left bank of the Rio Grandc. The
honorable Senator from Maryland, (Mr
in his eloquent speech upon this
question said, that the United States had re-
eived the republic of Texas into the Union
Without antceedently defining her boundaries,
nd under a constitution including the dis
uted territory and, therefore, they were
ound to defend it. Sir, the constitution Of
'exas, formed after the passage OF the reso-
ltion of annexation, and under which she