.'i^^i^^i'.jvi;'": '^livA ^aif^v. >;,;...; ;i^i|:?:;:;.-:;]i';::::,'::;:;ir ■■wr.v^i.r;.';i^iv';. .0."' •: 'lV)M'/ii-|ft,ri: !<^-'f',i:H -. •:• ', .,■; , :i.. ' ill-' ^^-V.. '^\^<'. V^ t**- ♦ V^!^-\/^ "V^V' \"'"*^'*/' -^ U-o^ SPEECH OF MR. R. JOHNSON, OF MARYLAND, ON TEE TEN REGIMENT BILL. Delivered in the Senate of the United States, January 10 and 11, 1848. Mr. JOHNSON, of Maryland, said : My purpose, Mr. President, in now ad- dressing the Senate, is to give my opinion upon certain points connected with the present war, which it seems to be conceded may be properly discussed upon the present bill. They are these — First. Is the war a just and honorable one, or is it unjust and dishonorable. Second. Has it been heretofore properly prosecuted. Third. How should it hereafter be prosecuted. Fourth. What end, consistently with the good name of the nation, should be attained by it. Mr. President — Upon each of these propositions I propose to present my views with the frankness and freedom which become a Senator, and at the same time with the deference which i sincerely feel for the opinions of those upon both sides of the chamber with whom I shall be found to differ. Nothing, sir, is more annoying to me than to refer at any time to any thing personal to myself, and it is especially so, to do it in the presence in which I stand. But there may be circumstances which render it a duty. I feel myself in that condition, and I therefore ask the kind indulgence of yourself and the Senate to say a word or two of a personal character. To those who know me, Mr. President, it is, I am sure, unnecessary to dis- claim that I am actuated on this occasion, neither in what I shall say or do, by any other motive than the single motive of duty to my country. If I could be mad enough to desire any other political post of honor than the one which I now hold (sufficient one would think, to satisfy the cravings of any ambition,) I hope I know myself well enough to be able to say with truth, that I should scorn to obtain it by pandering to popular passion or olticial power. But, sir, I am proud to state, that I have no such desire — that there is no ollice in the gift of the pre- sent Executive which I would accept, and none in the power of the people to. give that I would take. In the school of political ethics iu which I have been taught, I have imbibed as my first and last lesson, the duty to do what you believe to be right, and confidently abide the result. Be it the approbation of your fellow men, or not, you have then the approbation of your own conscience, transcend- ing, iniinitely transcending in true value, any reward that can flow from human source. As to popularity, sir, I estimate it as nothing, if it is sought after. Its real worth is when it follows good ends, accomplished by good means. It becomes disgrace when catered for. I would not avow any political opinion, which I did not sincerely entertain, nor conceal one which I did entertain, to win any honor which my countrymen could bestow. Honor so won, if I was capable of so winning it, would be to 1^'^ but hourly abasement. ^X I need not say that I came into this body differing with the administration upon S>iriost every subject of our public civil policy. This difference, decided as it was '^ the beginning, so far from having been diminished, has been but more Towers, printo-, corner of D and 7th streets, opposite National Intelligencer. b^ .2 a!5'l morf» stvengtlipned anr! ror!fi)""nor). I Ijpjievo thry inis<\p;;rehend the true' policy of tho, countiy, atiO Hva laiiuntrtily err iijx-ri greai: ;i,nd vifal points of con- « itutiorsal powo". 1 may bt misLt^keii, i.ut 1 believe as sinrerely as I believe in my own existence, that ihe day will con;e, an! is ih}>idjy coming, when this will bo seen to be the general oijinion of the people, and that uistil then .the <'nuntrv v/ill be deprived of many a blessing which the constitution was intend. <'d to besiovv. But, sir, new questions Intve arisen, and are now ugit.iting tho jiation. Wo are at war, and upon o'le of tSic questiour; growing cut of it, I find mvse'f diffninij; pcrhaos with m )s^ of the SLMiator? on this side of tiie chamber,, (not I hope with ill.) with whoiii if is my rt'ide and pleasure generally to agree.. J, need not say, Mr. l-'vesidcnt. to you or to them, that this diftiiience exists, if it lines exist, becau.^e I am unable Ironi a pet;se of duly to have it otherwise. Party ties, party piepossessions, party nssociarions, strong as they ever are and should be., can neve?' be suificicatly strong to make an honorable man violate -'viicil he r.'e!s lo be his du?y to hi.s country : and whe!i in that duty is involved his country's reputation, tijey should be and are weaker than the spider's web. Nov upon this occasion do I feel any other con-^er:! than ll^at which the mere fact of dilFerenec crea'4\«!, bcc.iuse T j'.iiow so wall the Senators who are around' me, that w'latever regcot they may fee! that our opinions are Hot upon all points identical, I sliould cease to have, what I am sure ! now have, their respect and esteem, if i suncnde.red m3'ovv-n judgment, and paltered with my own conscience upon a measur'i vital i.i that judgmeDl to the true fame of our common country.. We difierj si", but we diff.n- as friends. . We differ, sir, but we diiTer as patriots, .We have alike the true honor o? the ccuntry at heart — we are only not agreed! perhaps as to what that tru.o honor demands. Sir, he libel? thera, and libels me, wiiodiubts cur high and patriotic purposes.. He violates ti'.e decorum of prirate lile, and the decencies of official relation,, where it exidLs, v/!io intimites tbat we are capable, under any state of things, or for any purpose;;, of taidng sides v/ith the enemies of our country. We aim* alike at her honor — we disagree, if we do disagree, as to the true mode of vin- dicating and maintaining it. Mr. President, all of the good and liberal of my countrymen will, I have no doubt, when they shall have seen what I am aboulr to say, do me the justice to believe that my motives are pure and patriotic. There may be, and perhaps are, mere followers of the party camp, whose hope it is ta feed on the spoils of the contest, who may profess to doubt it ; but none such, do I drop a syllable to satisfy. Bred in the corruption of the motto of the politi- cal free-booter, that the spoils belong to the victor — fighting not for principle, butr for plunder, they are as feculant as their motto, and beneath the notice of honest? men. Only, indeed, to be shunned as you would shun any loathsome toad that mif^ht be in your pathway. I proceed now with the discussion. Is the war just and honorable or not ? I think it is just and honorable, and I hope for the good name of my country, that such will be the judgment of Christendom. Sir, I wish to be understood. I am not lib this place inquiring into the conduct of the Executive, into its prudence, or its con- stitutionality. My single proposition now is, that as bettveen the United States, and Mexico, the former had just cause of war on the 13th May, 1846, when the war act of that date was passed, and that on that day wai'' in fact existed by, means of the unjust and illegal act of Mexico. Sir, I repeat, before going fur- ther, that I sincerely trust, as I love the fair fame of my countrymen, that I may. be able to make this plain. Sir, I should bow in deep and heart-felt mortificatioa. for that fame if I did not believe it to be plain. I would not have it even to be involved in the slightest obscurity or doubt, from the dread of the judgment which the civilized world would then be compelled to pass upon us. We live in an ace when nations, as individuals, lose their power and usefulness, and sin*^- into degradation, if they perpetrate acts of wrong and injustice. We are, tt-^^ik God, surrounded by a moral atmosphere as necessary to healthful nation^^i exis- tence as the atmosphere we breathe is necessary to individual life. V we dis- card it, if wo sink lielcw It, if wo substitute fo: it that which is inseparable frnm violence and injustice, the punishment is at hand. Decay begins, and progres- ses, iinii! we are involved in hopeless ruin. K itionai character, sir, is national power, and the purer, the more elevated, the more spotless that character, the greater the power. I trust, therel()ie, in God, t'jat I am right in the opinion that this M'ar is, upon our part, just and hon- orable. If rjot, if not clearly just and honorable, then will mj be pron ouneed by the jud^i;nier,t of the world a hand of murderers. No oL!)er sentence can then be passed upon us. if we are right, we are wortliy descendants <»f siies who knew no tTioral Ideniish. who estimated the nntioual honor alcove all pri",e. If wc! are wrong, we have disgraced the inheritance of freedou) they have left us, brought dishonor upon our land, and aimed a fatal blow at constitutional free- dom itself. Mr. President, if I speak sh'ongh', it is because I iee! strongly. I wish to give ofiencc tojioi;e, I take no oflence if others hold a diiTerent opinion. I am here to jiisti'y my ov/n beibre the ^Jenate and the country, a:id I mean to do it with the freedom that belongs to each of us. Mr. President, I have an instinctive repugnance to believe my country v.-rong in any v.'ar in which she can engage, and I rejoict^ that in this instance my feel- ings and my judgment are one. 1 now proceed with the attempt to maintaia that judgment. I have not time, sir, nor health to slate cU the tiicts which our difficuliies v/ith Mexico have developed iip,»lica;>!e to thio question. Nor if I hr.d, rhonld I dcei.i it ncceseary to trespass so much upon the time of this body. My purpose is to refer only to such as I am sure cannot 1)e successfully denied, and which are of themselves, in my cpiuion, conclusive of the controversy. In 16^4, the Mexican Congress passed a decree, requiring all citizens to sur- render to the Government their arms. The legislature of Coahuila and Texas, by decree, remonstrated against it and against other acts repealing the constitution of Mexico of '24, by which they had changed the Government from a Federal to a Central one. For this General Cos, under the order of Santa Anna, at the head of his ar- my, broke up the legislature of Coahuila and Texas, arrested all the officers of the Government, marched over the Rio Grande, and establishe4 his head-quar- ters at San Antonio, leaving a garrison at Lipautitlan on the Nueces, and one at Goliad. The Texans then commenced the revolution, and in 1836 retook Go- liad, Lipautitlan, and San Antonio. The boundaries of Coahuila and Texas, as these departments were laid off into one State by the constitution of '24, were the Nueces, running for upward of one hundred miles up that stream, and then by a line across from that point to the Rio Grande. The territory below that line, between the Nueces and the Rio Grande, Avas a part of the State of Tamaulipas. The territory above that point on the Rio Grande, was divided between Coahuila and Texas, by the river ; that is to say, the Texan boundary, as between herself and Coahuila, established by the constitution of 1824, was the Rio Grande running north-easterly from the point where the line I have stated, from the Nueces to the Rio Grande, struck the latter. Tamaulipas granted to various individuals, by what were called colo- ny-grants, under which many settlements were made, much of the land be- longing to her situated between the Nueces and the Rio Grande. These colonists, or the greater portion of them, so entitled to this portion of the terri- tory, ^'omefi in the Texas Revolution, atid were represented in the convention of Texas, which subsequently declared the independence of that Republic. The day after the battle of San Jacinto, 31st April, '36, Santa Anna surrendered as a prisoner. In about six weeks afterwards he entered into a treaty with the Government of Texas, acknowledging the Rio Grande as its southwestern boundary, upon condition that General Felisolea, then at the head of five thou- sand trtops, being all that were left to the centralists to maintain their power, should be permitted to retire west of the river, and that he, himself, should be released. These conditions were complied with, Felisolea being perntiitted to retire with all of his force to the west of the river, and Santa Anna, in October afterwards, being released. The treaty contained, also, various stipulations about the release of prisoners and the surrender ofpropert3^ General Rusk (the hon- orable Senator from Texas now before me, and who will pardon me for referring to him by name, it being impossiVjle to avoid it because of its inseparable con- nection with tlie short but glorious history of his country's revolution,) then at the head of the Texan forces, and under the order of the Texan Government, transmitted a copy of the treaty to General Felisolea, who recognized it, and at once complied with all the obligations it imposed upon him. In 1836, 19th December, the Texan Congress passed a law describing the Rio Grande as their southwestern boundary. After this, Felisolea was super- seded in command by the appointment of General Urea, who immediately com- menced raisinp- an army to re-invade Texas. General Rusk, who was still at the head ot the army of Texas, and stationed at the Gaudaloupe, ordered the families between that post and the Rio Grande to retire to his rear, or to re- move to the western bank of the river. The most' of them did retire to his rear, but many of the Mexicans elected to cross the river, and settle on the opposite side. For the purpose of facilitating the removal of those occupying the coun- try and of watching the movements of the Mexican army, and preparatory to an advance upon Matamoras, he dispatched General Felix Houston with a sufficient force to take possession of Corpus Christi, and that was done. General Hous- ton exercised more authority, between the Nueces and the Rio Grande, than Urea did, who was stationed at Matamoros, with a force of about ten thousand men. At one period Urea crossed the river with the greater part of his conc- mand, and encamped a few miles east of the river, but in a very short period he re-crossed to the western side. In this condition things remained until 1843, the Mexicans having no army to the east of the river, and the Texans having a few troops at Corpus Christi and San Antonio. With these troops, however, the Texans frequently made excursions to Lacido, a place upon the Rio Grande, and several times crossed it. 'l^e Mexican troops made two incursions, cross- in^ the river both times, coming as far as San Antonio, and upon each occasion were immediately driven back to the west bank. In 1843, also, an armistice was agreed upon, under which the Mexican army was to remain on the west and the Texans on the east side of the river. This armistice was in the same year revoked and the war declared to be renewed. The proclamation of Gene- ral Wool, who was then in command of the Mexican force, issued by direction of Santa Anna, declared that all Mexicans found within three leagues of the river would be considered as " favoring the usurpers of that territory," (mean- ing by the territory, the whole of Texas,) be tried by court martial, and capitally punished. There were, during this period, at a post called Lacido, on the east side of the river, some citizens under a military organization, and organized simply with a view of defence against the Indians, mustered only upon such oc- casions, but claiming to be citizens when Hays or McCullough were there with the Texan Rangers. From the commencement of the revolution in '34, to the independence declared by Texas in "36 — from that period to the admission of Texas into our Union in '45 — and from '45 up to the present hour, no Mexican document can be found, military or civil — no Mexican otlicer, military or civil — has ever been known maintaining that the territory lying between the Nueces and the Rio Grande belonged to Mexico by any other title than that which she maintained to the whole territory between the Sabine and the Rio Grande. Under the colony contracts granted by Tamaulipas, heretofore referred to, the settlers, at an election in Texas in '41 or '42 for members of Congress, voted at Corpus Christi, claiming to be citizens of Texas, and their votes were '«- ceived and recognized by the government. The evidences to the title, too, tJ the lands so settled upon, including all transfers from the time of the revoh'tion of '34, to the present time, are recorded amongst the land records of Te-as. On the first of March, '45, the ahernative resolutions for the admission of Texas into the Union were passed. On the 29th of December, '45, Texas was ad- milted, and on the same day an act was passed to extend the laws of the United States over the State of Texas. On the 31st December, '45, Texas was con- stituted a revenue district, and the city of Galveston, the only port of entry, hav. ing annexed to it, amongst other ports, as ports of delivery, the port of Corpus Christi, a port on the west side of the Nueces. Under that act a revenue offi- cer of the United States has been appointed for Corpus Christi. On 2d Febru- ary, 47, Congress, by an act establishing additional postroads in the State of Texas, there were established, amongst others, one from Brasos Santiago via Pomt Isabel to Fort Brown, opposite Matamoros ; and one from Corpus Christi to Brazos Santiago, a point south of Point Isabel, near the mouth of the Rio Grande. Now, as before stated, Texas was annexed under the first of the alternative resolutions of the 1st March, '45. [The fir.n resolution provides, Thnt Congress doth consent that the territory properly included Within, and nghtful.y belonging to the Republic of Texas, may be erected into a new State, to be called the State of Texas, with a republican form of government, to be adopted by the people of said republic, by deputies in convention assembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union. that the foregoing consent of Congress is eiven upon the condition that the said State be lormed, subject to the adjustment by this Government of all questions of boundary that may arise With other governments ; and the constitution thereof, with the proper evidence of its adoption by the people of said Republic of Texas, shall be transmitted to the President of the United btates, to be laid before Congress for its final action, on or before the first day of January, one thousand eight hundred and forty-six. The second resolution provides, that if the President of the United States shall, in his judgment ana discretion, deem it most advisable, instead of proceeding to submit the first resolution to the itepubhc of Texas, as an overture on the part of the United States for admission, to negotiate with that repubhc, then that a State be formed out of the present republic of Texas, with suita- Dle extent and boundaries, and with two representatives in Congress until the next apportionment ot representation, shall be admitted into the Union, by virtue of this act, on an equal footing with tlie existing States, as soon as the terms and conditions of such admission, and the cession of the remaining Texan territory to the United States shall be agreed upon by the government of Texas and the United States ; and the sum of $ 100,000 is hereby appropriated to defray the expenses ot missions and negotiations, to agree upon the terms of said admission and cession, either by treaty to be submitted to the Senate, or by articles to be submitted to the two Houses of Con- gress, as the President may direct.] Immediately upon the annexation the Minister of Mexico, General Almonte, demanded his passports, upon the ground that the annexation itself was a state of hostility to Mexico, and from that period to the march of General Taylor from Corpus Christi to the Rio Grande, the frequent efforts of the American Go- vernment to terminate the controversy by negotiation failed ; and before that march, the Mexican Government were collecting their forces upon the Rio Grande, with the avowed design, not of taking possession only of the territory between the Nueces and the Rio Grande, and conceding- to the United States that portion of Texas which lay west of the Nueces, but of disputing with the United States the title to the whole of the country between the Rio Grande and the Sabine, and upon the ground tJiat the whole and every part of that territory was still a portion of Mexico by virtue of her original and paramount title. Now, Mr. President, the proposition which I seek to maintain is this : that as between the Government of the United States and the Government of Mexico, the former had in this condition of things a perfect right, and the same right for the purpose of repelling the threatened invasion, to march her troops into the territory between the Nueces and the Rio Grande, as into any territory situated between the Sabine and the Nueces. The question is not, whether such a movement of the troops was under all the circumstances judicious and prudent ; it is not, whether by a different course an actual conflict might not have been avoided ; but whether, as a matter of right — as a matter of self-defence, the Unites} States (not the President) had not, under the law of nations, full and per- fect authority and justification to make such a movement. What, xir, are the clear and indisputable facts ? The United States had re. ceived the i^public of Texas into the Union without antecedently defining her 6 bniindaries ni;d ruder a conslitiitlon which reiterated what had hern, as far back Jis '3''), a pair, of her o.-iginal constitution ns an iiidependent republic — that the Rio (iratide, from its source to its niou*h,\vas hor soiith\ve*torn boundary. The Ujiited Siat^-s c; terded all he r laws over tlie State of Texas, as so admitted. They had as.^uni >d actual jurisdici ion at Corpus Christi. They knew that there M'crc citiz'-ns betwc^en ilse Nuccey and the Rio Grande who claimed to be citi- sens of the State of Texas so admitted. They knew that for nine years the fc5tatt> of Texas [ir.d existed as an independent nation. Who proposed withdrawing Taylor on the 13th May ? Who denied then, that "we had good right to expel the Mexicans and to invade, for the purpose of aveng- ing the outrage on our flag, any and every part of Mexico? She had refused to ne- gotiate ; she had considered annexation as war ; she had terminated all diplomatic relations ; she had refused to receive our Minister upon a mere quibble of the then President, because he was afraid of his own power, threatened with downfall because it was believed he was willing to negotiate with us at all. She had mustered an army on the Rio Grande with the declared object of invading all Texas, and recovering the whole to her own sovereignty. Her then Government owed its existence to this very determination. She had never maintained any peculiar title to what is now called disputed territory. What, in this state, w^ere the United States to do ? Were they bound to remain still and wait the invasion, or were they not authorized to meet the threatened invasion, even upon the ad- mitted territory of the invader ? Who doubts, that with nations as with individu- als, the right of self-defence gives the right to strike the first blow ? To prevent an injury is easier than to repair it. Sir, where is the writer on the law of na- tions who holds a diffJ^rent opinion !' There are some propositions so plain that they admit of no illustration; they furnish their own best illustration, and this is one of them. We had a clear, undeniable right to meet Mexico at the very outermost limits of Texas, and repel her there ; or if we deemed it advisable, an equally clear and undeniable right to anticipate her by striking the first blow on her own admitted territory. But it is said that the place of conflict was on Mexican territory. If it was, the argument in our behalf^ would not be in the least enfeebled. She was there intending to go further. She Avas there to drive our army back to (he Sabine. She v/as there to re-conquer Texas, the whole and every part of Texas, and not to retain a portion only, upon the ground that such portion was not Texas. But even the fact is not as alleged. Whether this portion of the territory was or was not rightfully a part of Texas was, at least, a matter of dispute. Texas claimed it; Texas, over a portion of it, exercised jurisdiction. Citizens resid- ing on it, claimed to be citizens of that government. Mexico had in vain at- tempted to recover it. The constitution of Texas included it. The United States had exercised, after the admission of Texas into the Union, sovereignty over part of it — the highest act of sovereignty, the taxing power. She had re- ceived Texas into the Union without any other definition of boundary, reserving the right only as between themselves, Texas, and any other power who might question the justice of the boundary, to settle it by negotiation. Without a breach of honor to Texas, the United States could no more have surrendered, without inquiry and negotiation, to an absolute and armed demand, this portion of the territory, than they could have surrendered to such a demand the entire State. All then that can be said is, that the title of Texas to this part of her territory was open to dispute. Such a dispute is to be settled by two means — by negotia- tion or by force. If the negotiation was refused, if Mexico elected the other al- ternative, force, can she complain if we met her with force ? But suppose her design was not actual force, but to get possession only of the disputed ground. Had not the United Slates the same right to take possession, and hold whatever they possessed, until the question of title was decided by negotiation ? The very question of title might have been affected by the fact of possession. Mexico might have relied upon it as conclusive of the inability of Texas, and the United States as their successors, to prevent >, and as deraonstratin;^ that her original sovereignty had not been lost by lh'5 rev-.lution. This the Unitfd States hud a right to guard against ; their own houor bnde them guard agaiiint it. If ;ictu;il possession, by Mexico, could weaken the title of Texas, it was ti'.eir duty to strengthen it l>y also taking possession. Pending a question of disputed territo- ry, not actually possessed i.>y either, who ever contended that it was the dury of one of the parties to suffer the o'her to tak3 possession, and then try the title. No, sir, no lawyer would give such advice. No statesman would so act. Tilings should, in such a case, be suffered to rema'n iu "s/afw ^mo." Neither should seek to get advantage of the other. If [ am right in this, and Mexico designed taking possession, then she cannot complain if we also took possession; and es- pecially not, if she knew that, notwithstanding such possession, we were willing at any time to negotiate on the quet^tioi? of liile. Sir, it has been said, that to march into the disputed territory is an act of hos- tility. I concede it. But then to threaten to march — to prepare to march — to muster an army to march, and with the avov/ed purpose of taking forcible posses- sion and holding, is also an act of hostility. This Mexico did iirst, and we had then a clear right to anticipate her, upon every principle of the national law, by marching ourselves, and placing ourselves in a condition successfully to meet and repel her. Between nations, as between individuals, aggression may be met by aggression — assault may be met by battery. But it is said revolution gives no title unaccompanied by actual and undisturbed possession and jurisdic- tion. As a general principle, the proposition is true ; but what is actual and undisturbed possession ? Does it mean that the revolutionary government is to have a soldier on each foot of her asserted domain ? Does it mean that every inhabitant within her territory is to acknowledge and submit to her sovereignty ? or does it not onl}^ mean, that such government is to have possession, claiming exclusive title to the whole of her asserted bounds, and to possess the power and determination to make that title good by force, against the original sovereignty? I say it means this, and nothing more. See the result of a different doctrine. Wr declared our independence in '76 ; the war continued seven years. Suppose no treaty of peace had been made re- cognizing our limits, but England had simply retired from the contest in disgust with the struggle, as she might well have done, would not our title at that mo- ment have been as good to every foot of our glorious Thirteen, as it was to the very battle-fields of Saratoga and Yorktown. And yet, how inconsiderable a part of our country was ever trodden by the American soldier or within actual reach of his arm. And yet, how many hearts, throughout the contest beat high with true loyalty to England^ and were striking, or were burning to strike, for her standard. No, sir, the proposition is not true as it is some- times understood. It means only the ability to make the usurpation good by force of arms, when the usurper's title is by force of arms assailed. Subject to this test, who can doubt that Texas had the ability to maintain her title to any part of the territory claimed by her between the Nueces and the Rio Grande ? Let the facts give the answer. After her declaration of independence, and after she had by force driven the Mexican troops across the latter river, they after- wards returned but twice, and were each time driven back ; and from the period of the last incursion, in 1843, no Mexican soldier ever crossed the river, and no civil officer of Mexico ever exercised jurisdiction over that portion of it to which our troops were marched. Texas then claimed the territory — Texas drove Mexico from it — Texas had apparently the power, and certainly the will, to drive her from it whenever she invaded it. If these were the facts, and I appeal to the honorable Senator from Texas for their truth, wdiat doubt is there, that to that part of her constitutional limits she has a perfect title. Sir, a word or two more, and upon this point I have done. What Senator, what American, would now be content to abandon the territory in question, make the Nueces the boun- dary, and fight only for that boundary 1 For peace, to put an end to the war, to spare the further effusion of blood, some might be found, who would, by negotia. tion, agree to that limit, if Mexico would surrender iill title to the rest of Texas. But who is there who would now propose to fall back to the Nueces, and abandon at once the intermediate territory, the very fields of Palo Alto and Resaca de la Palma to Mexico, and fight her »nly on the banks of the Nueces ? I believe, I hope, for the honor of a common allegiance, that there is not one. I have said that I trusted for the sake of our heretofore stainless character, that the opinion I have thus feebly endeavored to maintain was correct — that the war is, on our part, a just one. If not, sir, why is it not ? It is because, without justification, we invaded Mex-^ ican soil. It is because, without justification, v/e caused Mexican blood to be spilled upon Mexican ground. It is because they were met at their own homes, which we invaded ; upon their own fields, dear to them, as love of country is dear — consecrated to them by all the associations which bind man to the soil of his birth, in the holiest of all duties — the defence of home and country ; and have, without right, without excuse, without palliation, given them to the sword — slaughtered them by hundreds and thousands, and driven the survivors away. Sir, would not such a tale of wrong, of itself, cover our country with ignominy? But it is not yet half told. What else have we done ? We have seized upon it as a pretext for other, and if possible, yet deeper enormities. We have publish- ed to the world a falsehood. We have endeavored to conceal the true character of our outrage. We have stated that the contest was of their own seeking — not ours ; and upon this degrading perversion, we have pursued them with still more frightful outrages. We at once called into the field 50,000 soldiers — placed the whole naval power of the Government at the disposition of the Executive — en- trusted him with ten millions of dollars, and carried on the war thus begun — took possession of their towns, bom.barded Monterey — carried it almost by storm, slaughtering men and women by hundreds and thousands. Still the story is not told. The damning dishonor is not yet as dark as the truth. Another Cono-ress assembled — we of the Senate composing it in part. We authorized additional troops to be raised — we placed additional funds in the hands of the President. We hear of an intention to strike outraged Mexico in yet more vital points — we do not arrest it. We sufTer the expedition to go on. Before the Mexican blood is yet dry upon the fields of Palo Alto, Resaca de la Palma, Monterey, and Buena Vista, Vera Cruz is bombarded. Her churches fall under the dreadful aim of our mor- tars — the blood of her women and children run in streams through her before peaceful and happy streets — her almost every thoroughfare is obstructed by the mangled bodies of her slaughtered citizens, until at last, her valor can hold out no longer before the mighty and crushing power of our arms. She surrenders. Yet still our vengeance is not glutted. Innocent, unoffending Mexico has yet more cities to be laid waste or conquered — more hearts to be wrung — more gal- lant blood to be shed — more women and children to be slaughtered — more agony in every form to suffer. W^e have not yet had our fill of blood. We march on in our fiendish progress. At Cerro Gordo, Cherubusco, Chapultepec, Molino del Key, our deeds of slaughter are renewed, and go en with yet more fearful vio- lence. Mexican blood waters every hill and plain. The cries of Mexican agony startle every car, and still the v.-ork goes on. We lay siege to the city of Mex- ico itself— bombaid its peaceful dwellings — make her streets to run with human ■gore, and slaughter again women and children, until resistance becomes unavail- ing. We get possession of the Capital, and yet carry on the contest. Sir, can our country have done such deeds ? Is she 'so deeply steeped in crime ? Has she no honor left? Are M-e christian and civilized men, or are we robbers and murderers ? I hope she will pardon me the inquiry ; and yet if the war was un- just, if it was not provoked, if it was our act, and not the act of Mexico, every hu-' man heart, animated by a single human feeling, can but answer in the affirmative- But no sir, no sir, it is not so. She is high-minded, just, and honorable. She is. civilized, not savage. Her citizens are moral and Christian. Those scenes 9 are, in the eye of God and man, to be justified, because necessary to our honor,, and forced upon us in vindication of our violated rights. Mexico is answerable for all these sad and sickening results. The v\'ar is just, because she commenc- ed it. It does exist by her act; and, so help me God, but for that conviction, as I reverence truth, and detest falsehood, I would never have voted for the act of 13th May, 1846. So far I have been considering the justice of the war as between the two belligerents — the United States and Mexico, as nations. But another and a material inquiry presents itself. What, independent of the attack upon our troops on the Rio Grande, the immediate cause of the war, was its remote cause ? Upon this point I agree, I believe, and have ever agreed, with my political friends, and, as I think, M-ith hundreds and thousands of our political opponents. That cause is to be found in two measures of the President of the United States. The first, the mode he pursued under the resolutions of the Ist March, '45, to consummate the annexation of Texas to our Union. The second, and the more direct and immediate cause, his order to march our troops to the Rio Grande. Upon both these points I proceed to give my opinion with the frankness which becomes me, and at the same time the decorum which is due to the chief Execu- tive officer of the Government. First. The mode he adopted of consummating annexation. The resolution of Congress of 1st March presented alternative modes. Under the one, Texas Avas to be admitted without any precedent definition of her boundaries. Under the other, there was to be such a definition. Sir, I will not stop to inquire into the secret history of that resolution in this body. The treaty vvhich preceded it had been rejected, because it prescribed no other boundary than that which Texas claimed. It was rejected, as appears by the debates in this chamber, because, in the judgment of some Senators on the other side, such claim was uutrue and in- valid — invalid because a large portion of the territory embraced within the as- serted limits was clearly a portion of Mexico. The treaty being rejected, the resolution of the 1st March, 1845, came to the Senate. That, too, was open to the same objection as the treaty. It left the boundary to depend on the claim of Texas. It was impossible for those who thought the treaty was obnoxious on that ground, and on that ground voted against it, to give it their support. But they did vote for it, after getting it amended, by the insertion of an al- ternative mode. Sir, how happened it that this change of form reconciled them to the measure ? Could it have been for any other reason than because they were satisfied that that alternative would be pursued by the President ? Such al- ternative obviated the objection of an unsettled and unjust boundary. It looked to negotiation as the remedy to avoid all difficulty either with Texas or Mexico. It looked to annexation, without the hazard of a war, and v/as designed for the pure and patriotic purpose ofmaintainingthe peace and honor ofthe United States. Now, sir, I do not allege that this was the ground of their support, and still less that they had any assurance from the President upon the subject ; but I do allege that I can conceive no other reason for tlipir vote upon the resolution at all in keeping with their characters for high intelligence, firmness of purpose, and pat- riotism, than that they thought they had an assurance that their mode of annex- ation would be pursued. Sir, how did it turn ogt ? The ink was hardly dry with which the resolution was recorded, and the name ofthe President attached to it, before, without going through the form even of a moment's subsequent deliberation, a messenger was despatched to the Government of Texas, inviting her into the Union, under the first alternath'e — and under the first alternative she came into the Union. Now, sir, I charge upon the President, that this hasty and ill-advised step was the remote cause of the present Hvar. I charge it upon him, that if he had acted prudently, and cautiously, and wisely, he would have proceeded under the other alternative, and have saved the dreadful eflfusion of blood the world has been com- pelled to witness. I charge it upon him that the course which he did pursue was 10 iijcnr.sis.'ent wifli tha* uni^jru. policy of his prodocossors to aA'oid, or to seek to iivoid^by every possible and lioi orable means, that direst of all national evils, war. Sir. it h no delonce thut Congress aiitluirized the step he did take. They, to be su,->;, Futhor'zed it, lint did not command it. They left with him, unwisely, ] tfii!'.k — jeriairily I would not have done it — the discretion to adopt it. But he ]sne\/---nu5t have known — that some of the wisest and purest of statesmen pre- ■arties pay 'o ihe sintj'p ouicers, six dollars. But accord- injj lo itieir lawp, cuit.ac's of tiiis des(Tipuon nrc left in the hands of a Notary, and are le ordod aition?;- the ciT.cial traiisaeii oiisuf the Notaiy, making it necessary for the parties lo ihf contract, if ihi^y desire tj jiave in iheir possession evidence of the con- iraci. !o ob'iiua ofTicial copie?' ; f>nd ihe reault is, that each one of the parties almost invari^My lake-s a copy oi' ihe oontiact. 'I h? eojy is also written on stamped paper, and fjr ihe copies there is [laid six dollars each. 'I hire is anuiher souicc, au'l that is a duty on tl;-- sale of everything that is sold.. Koihuiir i^aMsos from ham! to hand ny way of sale ihut dees not pay a specific duty, regulaitd by th^ Bnionr.t of the value ot the articles so passing. Now, I will not es- TiiiMie the anmuni il.us deriv-'d ; ii is (-iifricitni Ibr rny pvrpose to state the fact as I UndersirtHfi ihc fact lo he, tliat the -.mount of revenue received from these sources has been ahtindiiMily suihcient to eiiahle the Government of Mexico to meet punctually its ilisburstnienis to the amount uf $2[.')V0,i)0J. 'i his amount would support any army whicn we uii^rlit ])ut iutu ihe field ; and this we would have a perfect right to' appro- jjriate. Not to seize ami ccnfiFcate individual properly, which is abhorrent to every sense of justice, v.hich would be an act of barbarism— a dishonor to the age in which we live, and a s-ain upon ouv national chaiac:.er— but to appropriate the public revenue of the country, .--o as lo enfeeble the power of the. r goverament, to reduce the military to ihe^a'ne tianda'd gs private citizens, nnd prove, by the fact that we are thoroughly- able to enforce it, that the restoration of peace depends on their submission. Now, I bt'iievePs coriliufvitly as I can anythins: of which we have not certain knowledge, that by puisin!;g a cgimso of this description, for the purpose of enforcing a termination of this war, we shall not only o.-jiain money as much as is necessary for the support of our army, but no pcrtior, of it will come from the people of the United States. 1 .'incw, ^ir, fhe objeciioM that m,ay be raised as to the consequence that may result, fro.m takh.7 possesflion cf ibe wb.ole couniry. 1 think I can see almost as clearly as does '.he houorahie Sr-aator from 8outh Carolina, (Mr. Calhoun, ) the result of incor- porating the whijie of I'.lexico inic this Union ; and, if I believed that the object was the incorporation ni the whole of Mexico into the Union by the further prosecution of liie ^'>'ar, much as ] should hang ray Jiead in mortification and shame for the honor of my country, I would wiliingly submit to the withdrawal of the troops, rather than prosecute ihe war an hour longer. But I do not believe that such is to be the result. I do not believe that the people of the United States would suffer an Executive offi- cer to perpetrate such a wrong, if the Executive even had it in contemplation. I da not believe that they would ever themselves assist an Executive to accomplish such an object. I would have much less confidence in them than I have, if I thought it possible that the mere lust of rapine, the mere lust of territory, would lead them to. dishonor the American name by blottingfrom existence a neighboring and feebler nation. I am for prosecuting the war, sir, because I believe the consequence will be, to bring Mexico the earlier to her senses, and to prompt her cheerfully to accept terms of peace. And this brings me to say a word or two on what should be, in my opinion, the terms of such a peace. Now, sir, I speak for myself, though I have no doubt that I speak the sense of most of the friends around me. My honorable friend from South Carolina, (Mr. Calhoun,) the other day, in the speech which he did us and the country the honor to deliver, said he believed ihe people of the United States were irrevocably detei-mined on taking in- demnity for the wrongs which we have suffered from Mexico, in territory. I hope he- is mistaken. I believe he is mistaken. I believe the people of the United States "Would be to-morrow contented by a treaty which would make the Rio Grande the boundary. I believe they would be contented with such a treaty, for the purpose- of terminating the war, rather than that Mexico should be compelled by the force of our arms to dismember herself. Now, in expressing this hope and belief, and in ex- pressing the opinion that the war might be honorably terminated by taking the Rio Grande as the boundary, I wish it not to be supposed that I am opposed to the ac- quisition of additional territory. I am against the acquisition of territory by force. I am not opposed to the acquisition of territory of itself, but for one consideration which "Weighs in my judgment, and which has had heretofore and still has a controlling ope- ration. Mr. President, I fear, I greatly fear, the eonfiict to which such an acquisition ■would lead. The honorable Senator from New Hampshire (Mr. Hale) told the Sen- ate the other day that the true origin of this war lay in the settled purpose on the part of the South to perpetuate and extend slavery. I am not alluding to this now with any design to try conclusions with the honorable Senator on the question of sla- very. Sir, he will pardon me for telling him that that is a subject which no Southern man on this floor, when he can avoid it, desires to discuss. He vrill permit me to tell 15 bi:T). ''ard I do it wiih all frond fe-rling-, p:id with all the respect in which T lioll him as a Stn;'.'oi cf ihe I iiiied iJSiaies,) ihat it Ijas beet) owing to tlie Lsciiitiy discussioiis ou this stitjcct in iln' North, thai slavtiy nov/ exists in many of vhe Souiliern States. He v/ill pj iiiif, lue ui iell hriit, that I l>ave iio doitbt, not the least, that it has bt^eii ih*' •jourse, aod tlat ol" tliost- wliosj sciuinienis he sjjcalcs, on this sulijfcl, which hafcdone more ihun aaylhii'? el.sr towards i.s parpeiualicwi. 'J'he trr?atesi practical advi cates cl slavery, sir, have been the Senator himself and Jiis pi^r iciila/ consiil'K nts. Sir, i have ray t pinion on this subject as deeply iiK-iilled PS can ha Vij the Senator from IS'ew Hampshire. 'I l:ey uerealmcsi i cm v. iijiuip;^ they have be»-n conrirn.od hy the txperiei::oe ot every day of my hie 'J hey have been f^lrtngtheiet! by cll siibsequeiu rtlieciioii. 1 do not choose to express .heiu on this floor ii'.ile&s the topic is pre.>-bed home. IJat whilst I have fixed and iinabeiable con- victio.is aa to the li'iere iusiituttfin of shtvery itself as a polr.ical or civil insmuiii'n. I havo another corivicliv^n as deeply and iifevocably fixed, and thai is a coiiviciicn (hai the iSouihetn States (;we ii to themselves, one and all of ih m, to Siand on iluir own rights, TO vindicate their own equrliiy, ai.'d exclubively Pt their own time. Mil ■with- out the inlerlerence if others, U) meddle in their own wav, xvith ll.is peculiar ins-iitu- tioii. No;wi'uis!audit!g ll is, ."Vir. Piesidnit, [ cannot be blind to all the indicaiioriS of the iiiiie«. I caitnot hufsay, that the opinions entertained in the North, however fr- ronei'US 1 may ihinlc they are, are still honestly tr.terraintd. J cannot but say, that the iSoiiaior bom New Hampshire would be false to the iuij'licd pre mh'e v\ hich he has <.iven to the State which sent him here, if he were uni to ir.r.ke it a c-ndition, in the atquisiiion'of B'iv aiiditionaj lerritoiy, thut slavery shv-uld be forever excluded from it. t carisot but perceive that that is a jropuiar fceliitg, which is su'eejiijg lil..e a whiri- Vvind El ihv' North ; but there is an equally deiermined and suauy leeiingui ihc c-outh^ Jl' tliese feelings be further excited, ihe:e can be but one rcsuii ; that is deadly con- flict, or^ amicable separation. And when I loolc ai. either, IMr. PresiJeut, my heart, fciok'ciis ut ti'-^ reflecnoti. Sous of a common ancestry, bound together by common tic-, gloixifiy in a comrin.n renown, looking in common to a still more glorious future,. I ca.i'iol bur. i\ ei sny heart sinK within me, even at the possibility of such a result. And it is !i,'<'tuso I believe it will follow, if the state of things to which I have allud- ed shall be brought into existence, and not because I am opposed merely to the acqui- sition of territory, that I gave my cordial support to the resolution oflered upon that subject by the distinguished Senator from Georgia (Mr. Jderiuen,) at the last session. Sir, I am not to be driven into a different course by being told that it would leave us a pecuniary loss. With me, Mr. President, loss of money is nothing to loss of character. With me the boundless wealth of the world would be as nothing, compared "with what I should esteem the incalculable loss attending the destruction of our na- tional character. But, sir, it is not true, that a peace accomplished on the terms to which I have referred, would leave us without indemnity. Sir, we have indemnity in the history of this war. It is to be found in the many glorious battle-fields which it has presented to an astonished world. It is to be found in the delight which elec- trified every American heart at the result of every conflict. It is to be found in the security which it furnishes against the disturbers of our peace hereafter. A few hun- dreds of millions, even if it should go to hundreds, that may be expended, will be for- gotten even while spoken of — while the glory and renown which it has heaped upon the American character, will be remembered as long as time itself shall endure. I am not, therefore, to be told that peace on such terms would leave us losers, in the true, high, and moral sense ot the term. A word on another subject, and I cease to trouble the Senate. I have already indi- cated, Mr. President, my preference of a regular over a volunteer force. Now, sir, that preference is founded, (and I have but a word or two, in Avay of reason, to assign for it,) on the opinion which informatioa in my possession has enabled me to form, that the expense of a regular force is much less, and their efficiency infinitely greater; above all, that the sacrifice of human life is less, Mr. Secretary Poinsett, in his letter of the 21st March, 1838, to the Honorable Mr. Speaker Polk, now President, speakings of the comparative expense of the two descriptions offerees, says that — " The difference of expense between the employment of this description of troops, (meaning vol- unteers and militia,) and regulars, is at least as four to one, independently of the wastage attending their ignorance of every administrative branch of the service, the enormous expense of marching them to and from distant points, for short periods of service, and the great increase that will be made to the Pension List, under the provisions of the act of the 19th March, 1836." Now, sir, the Senate will find how ineflficient this description of force is — I mean as compared with regular forces — by turning to Document 297, of the 2d Session, 25th Congress. They will there find, that volunteers and militia were called out in the years '32, '36, '37, and '38,to serve in the Florida War, in the Black-Hawk War, in the 16 War against the Cherokees, and in the State of New York, at the time of the Border difficulties, to the number of 55,324. They will find, I am satisfied, that, aside from the additional expense attending the employment of these forces, and for the purpose now in vie w, (the superior efficiency of the regulars,) that the mortality among volunteers aad militia, compared with regulars, is as ten to one. Sir, to what is this owing ? It is owing principally to the fact that the officers are unable to subject them to the same state of discipline, and to prevent the exposure which leads to disease. From the statements to be found among the papers from the War Department, it appears that the number of men enlisted for the line of the regular army, (the old es- tablishment,) for the first five months of J 847, and from January 1st to January 1st, was 4,605, the number offering to be enlisted during the same period, and rejected by the recruiiing officers, because of physical infirmity, was 8,475 — more ihan twice the amount actually received. Now, I do not mean to underrate the volunteers. God forbid that I should ! but I make bpld to say, that at least one-half of those who were rejected as unfit for the regular service may be found in the ranks of the volunteers. The chances of mortalityin that corps ate of course very much increased. I have said, Mr. President, all I intend to say upon this point; and I ask the atten- tion of the Senate only a moment or two longer, while 1 add a word or two by way of conclusion. Sir, I have heard it said by some, that this war should be prosecuted because its tendency was to ameliorate the condition of Mexico. I have heard it said that we were constituted missionaries by Heaven, even by fire, and by sword, and by slaughter, to carry the light of civilization into that benighted land I have heard that it has been slated, even in the pulpit, that we have been selected by Divine Providence to purify a dark and false religion— to break down their old, ancient, and degraded su- perstitions—to bring them into the pale of the true faith, and to substitute for it the holier and purer light of the Protestant religion. I have heard it stated, that the war is to be prosecuted to enlarge the "area of freedom." I hold to no such doctrines. No, sir. We need not, for the sake of enlarging the area of freedom, become propagandists. No physical force is on our part called fur to break the bonds which bind other people in subjection. There is a silent, but potent moral power progressing through the world, rapidly tending to that consummation. I» has its origin in the lesson which our example is leaching. Here is seen perfect personal and political freedom, combin- ed with unexampled national happiness, prosperity, and power. Here is seen that individual equality wiiich nature stamps upon the heart as a right, protected and enjoy- ed amongst ourselves to an extent never before known, and shielded by a national arm that the nations of the world would in vain attempt to strike down. Yes, sir, our institutions are telling their own story by the blessings they impart to us, and indoctrinating the people every where with the principles of freedom upon which they are founded. Ancient prejudices are yielding to their mighty influence. Heretofore revered, and apparently permanent systems of government, are faUing be- neath it. Our glorious mother, free as she has ever comparatively been, is getting to be freer. It has blotted out the corruptions of her political franchise. It has broken her religious intolerance. It has greatly elevated the individual character of her sub- jects. It has immeasurably weakened the power of her nobles, and by weakening in one sense has vastly strengthened the authority of her crown, by forcing it to resifor all its power and glory upon the hearts of its people. To Ireland too — impulsive Ire- land — the land of genius, of eloquence, and of valor, it is rapidly carrying the bles- sings of a restored freedom and happiness. In France, all of political liberty which be- longs to her, is to be traced to it ; and even now, it is to be seen cheering, animating, and guiding the classic land of Italy, making the very streets of Rome itself to ring with shouts of joy and gratitude for its presence. Sir, such a spirit suffers no inactivity, and needs no incentive It admits of neither enlargement nor restraint. Upon itsowa elastic and never-tiring wing, it is now soaring over the civilized world, every where leaving its magic and abiding charm. I say, then, try not, seek not to aid it. Bring no physical force to succor it. Such an adjunct would serve only to corrupt and par- alyze its efforts. Leave it to itself, and, sooner or later, man will be free. Sir, as to this war and its influence upon ourselves, there is much to rejoice at and be proud of. The struggle of '76 demonstrated the deeply-seated love of freedom in our sires, and their stern and indomitable purpose to enjoy it or die. The war of 1812, demonstra- ted the capacity of our institutions to bear such a trial, and nobly was the test borne and the capacity illustrated. The present war has again demonstrated, not only that such mere capacity continues, but that no nation exists endowed with greater military power. Mr. President, the result cannot but redound to our future peace and happi- ness. It furnishes ample indemnity for all the wrongs and obloquy we have hereto- fore suffered, and ample, ample security against their recurrence. Such a result has "won for us national glory, and that is national power, stronger than thousands of fortress- es, and as perpetual as, 1 hope in God, will be our nation's love of virtue and of freedom. W46 -n^o^ C^^^ /^^ ^^ iV . . ^ ' -^o V^ fl* ^^0^ --l^^. ^'< ^^6^ /^^ "^^ « A^^ '•^ 'V''*^\^'^^ %'*^-'\o'^ \.'''*^\^'«'^ *^o. ^^o^ -o^*-^.'%o' \"'^'"<**^ '°^*''^-*V 7^' WtRT BOOKBINDING Crantville, Pa Jan Feb 1989 J"% ■• •-•.,.,/ .c^oi-. "^-.*-'* -'km.:- %...,'' ■;i;*it'; ,,li.,U..-.,' . '':',--'''M^ CiMi ',*' ./!; ti :■, 'ii, .;/, ^■■'?;:*- .;r /■;?■,. a ■M