Weekly national intelligencer., May 16, 1846, Image 3

About Weekly national intelligencer. (Washington [D.C.]) 1841-1869

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distinction ru broad and palpable. Aa y*t milhor Omn
man! had declared war. The President might order oar farces
to meet the invading force and to disarm or destroy them | but
he could not, on his own authority, direct them to invade and
conque r Mexico, entering her capital and subjugating ihe couu ?
try. This was to be done under the authority of Cuiigrew,
and of Congress alone. The President, although in his mes
sage he recognised the existence of war, did not recommend
a declaration of war. All lie asked for was power to repel
invasion.
Mr. BRINKERHOFF here interposed to remind Mr. Rhett
that the President did request Congress to recognise the ex
istence of a state of war.
Mr. RHETT said that was true ; but he did not ask Coo
grass to doclare war. There was a slate of hostility, but not
a state of actual war. .
[A voice : " Where's the difference ?"]
Mr. RHETT. He heard a gentleman ask what was the
difference' There was a wide constitutional difference. War
could only be declared by two nations: neither the United
States nor Mexico had an yet declared war. Mr. R. did not
object to voting supplies 5 be was willing to vote money to any
amount. But he was unwilling by voting a declaration of
war to expose our commerce to a horde of pirates who were
ready to fall upon it and make the property of our merchants
their prey.
Mr. HARALSON said that, amidst the excitement which
prevailed all round him, he desiAH to be cool. [A laugh.]
This bill authorized the President to accept the service# of
50,000 volunteers, to repel invasion on our Southern frontier
and to settle our difficulties with the Mexican Government.
He proposed to fill the blank in the bill with ten millions of
dollars. ? 1 hat amount would be ample, and would enable him
to conduct the war with energy. Gentlemen alluded to the
dangera ol our commerce, and asked the House not to make
an actual declaration of war lest the interests of the merchants
should be injured. They asked the House to wait while the
blood of our murdered fellow-citizens was calling from the
ground for immediate action. Let us not abut our ears to the
demand. Let us show Mexico that our people were not to be
outraged with impunity. [A voice: " Keep yourself cooLM]
The House might pass the bill with or without a declaration of
'f the bill should pass, the Executive could order our
troo|ie to enter the Mexican territory, as her troops had dared
to enter ours. Who would deny our right ? What gentle
man here was for trammelling the Executive, when the Mexi
cans had been the aggressors > Who was going to forbid him
to go down the coast and invade^ their country us they had
dared to invade ours ? Why might not we intercept their uup
plies, and turn the flank of their positions, as they had en
deavored to do ours ? Lot us at once adopt effectual, ener
getic uieasurcs. Whether a declaration of war was made or
not, bo had no fears of the President's exposing himself to an
impeachment. He desired to keep perfectly cool. [A voice :
" Do."] He might seem to bo warm in manner, but he had
spoken the cool deliberate aentimeiits of his judgment. What
would be thought, or what would be said of us, if we sat de
lilie rating and delaying here about what course to pursue >
We had but oue course before us, and that was to send in
stant aid to the rescue of our brethren. This the bill provi
ded for, and he hoped no gentleman would hesitate in such an
emergency.
The question being on Mr. Brinkkrhopf's substitute for
the first section of the hill?
Mr. ROBERTS said he had an amendment to offer.
The CHAIR said it was in order to pcrfcct the section be
fore the substitute was ptuwed upon.
Mr. GEN 1 RY gave notice that if the amendment of Mr.
BamKKRHorr failed, he should move to strike out the 1st
and 2d sections ol the bill.
Mr. BURT moved that the committee rise.
The question being put on rising, it was dccidcd in the ne
gative : A^es 80, noes 96.
Mr. BURT moved to amend in the 5lh line by striking out
the words " any foreign nation," and inserting " the Govern
ment of Mexico."
The amendment was rejected : Ayes 49, noes not counted.
Mr. ROBERTS offered the following :
"Whereas a slate of war exists l>etween the Republic of
Mexieo and the allies thereof, and the United States of Ame
rica and their territories;
" Mc it enacted by the Senate and Houne of Reprencntativex
of the United States of America in Confer cut assembled,
1 hat the President ol the United States is hereby authorized
to use the whole land and naval forces of the United States to
cariy the same into effect, and to issue to private armed ves
sel* of the United Stales commissions, or letters of marque
and reprisal, iii such form as he shall think proper, and under
the seal of the United States, against the vessels, goods, and
effects ot the Government of the said Republic of Mexico, and
the pcop'e and allies thereof."
It was rejected.
Mr. TIBBATTS moved to amend the bill in the 9th line
of the 1st section by inserting the words *' and cause the ter
ritory of such nation to be invaded." Rejected.
Mr. DOUGLASS moved to amend the 1st section by strik
ing out these words ; "Resist any attempt which may be
* made ou the part of any foreign nation to exclusive jurisdlc
' tion over any part of the territory of the United States, or
' any teiritory in dispute between the United States and any
? foreign Government; as well as also to sustain the rights of
? the United States to and repel invasion upon the said terri
* tory, and for Ibis purpose to employ," and in lieu thereof to
insert " for the vigorous prosecution of the existing war be
' tween the United States and the Republic of Mexico."
The question being Uken, it wan negatived : Ayes 68,
noes 91.
Mr. DA V18, of Mississippi, renewed the amendment mov
ed by Mr. Douglass, changing the words " existing war" into
?? existing hostilities." It was rejected.
Mr. HOLMES, of New York, moved to add the following
proviso :
" Provided, That the provisions of this, the first section, do
not, nor shall they be deemed to apply to that portion of the
country west and south of the river Nueces, except so lar as to
withdrew, and, it need be, to rescue our army from the region
of the Rio Grande."
It was rejected : Ayes 8, noos 122.
Mr. CHIPMAN offered the following :
"That whereas the existing Government of Mexico has,by
an open and avowed act ol hostility, violated American soil,
and wantonlv and ttnprorokedly shed the blood ot American
citizens: Therefore war is hereby expressly declared by this
Government against Mexico ? and the President of the United
Sutes lie and he hereby is authorized to employ the naval and
military forces of the United States, and such portions of the
militia as he may deem advisable to call into service, for the ef
ficient prosecution of such war."
It was rejected.
Mr. EWING, of Tennessee, offered an amendment as
follows;
" I hat, in consideration ol the relations existing between
this Government and the Government of Mexico, and in con
sideration of the recent collision that lias taken place between
the armies of Mexieo and the United States on the river Rio
Bravo del Norta."
It was negatived.
Mr. BAK RR wished to offer a substitute for the whole bill;
but it was not now in order.
Mr. McCLERNAND moved to amend the bill by prefix
ing to the first section the following clause :
" 1 hat war be, and the same is hereby declared to exist be
tween the Republic of Mexieo and the United States of Amer
ica, and "
It was negatived s Ayes 87, noes not counted.
After several other substitutes had been proposed and ruled
out of fader, the question was taken on Mr. BairrKEmtorr's
substitute for the first section of the bill before recited, and
decided in the negative : Ayes 80, noes 82.
1 he question then recurring on the amendment of Mr.
Jacob 1 honpkan, it was negatived s Ayes 40, noes not
counted.
Mr. JOSEPH R. INGBRSOLL moved thstthe committee
rise, with a view to have the whole subject referred to a com
mittee 1 but the motion did not prevail.
The qoertion was then put on the following amendment,
moved by Mr. Baker, and it waa rejected 1
" That, for the purpose of resisting and repressing the hos
tilities committed upon our eitizcnsand troops by ihe Govern
ment and authorities of Mexico, and in order to a vigorous
prosecution of the war now existing between Mexico and the
United States, the President of the United States is hereby au
thorised to employ the military and naval forces ot the United
States, together with the militia and volunteers, as is herein
after provided.w
The question then recurred on the amendment of Mr. Born.
At the request of Mr. Graham he modified it by confining
the service of the volunteers to twelve months or during the
war. Thus modified, it was agreed to : Ayes 92, noes 76.
Mr. BRINKERHOFF moved to strike out all the 3d sec
lion except the last clause, after tho word "discharged."
This was agreed to.
Mr. BRINKERHOFF further moved to strike out from the
4th. section these words: "Shall be liable to be called upon to
do military duty only in cases such as are mentioned in the 1st
and 3d sections of this act, and." Agreed to.
Mr. McKAY moved to amend the 6th section, hy striking
out these words : " And shall, by and with the consent of tbc
Senate, appoint Generals of Brigade and Division, and th?
General Staff, as now authorized by law : Provided, however,
that Major Generals and Brigadier Generals shall have the
appointment of their own Aids-de-camp." This was rejected.
Mr. BRINKERHOFF moved to strike out the ninth sec
tion. Agreed to.
Mr. HARALSON moved to fill the blank in the hill with
"ten millions." This waa agreed to.
In the tenth section, Mr. CHAPMAN, of Alabama,
moved to increase the pay of the volunteers from $8 to $10
per month.
On this motion Mr. ROBERT SMITH demanded tellers <
and the amendment was carried?Ayea 88, noes 30.
Mr. DELANO moved to add the following proviso :
*' Providetl, That nothing hvrein contained sliall be consid
ered as approving the eonduet of the President hi taking arm
ed occupation of any territory lying between the river Nueces
ami the Hio del Norte, and claimed by Mexieo as never hav
ing constituted part of the province of Texas during the time
that Texas constituted a part of the Mexican Republic."
It waa loot j A/es 27, noes 67.
Mr. GORDON moved to attik* out the 11th Mctiont
which wag agreed to.
Mr. HARALSON moved to amend the 7th section by in
serting after the word. ? tiii- act," the word* ?? who may tie
wounded or other wise disabled in service." Agreed to.
Mr. 8CHKNCK moved tlie following amendment u a tub
btitute for the whole bill :
' W lit-HUB it lui beencommunicated to Congre** by the I're
sidcut of the Uuited State* that this Government it now en
gaged 111 a war with Mexico, and a call lias been made on Con
grew lor mean* to prosecute hostilities on the iiait of the Unt
ied State* :
" And whereas Congrettis informed that, iua warthui com
menced, lotiiet have occurred to tlie army of the United States
employed by the President 011 the hank of the river Del Norte,
and that such army, if not already lost, is iu an exposed and
perilous situation, and requires immediate and speedy relief
and reinforcemeut. Therefore?
" Srctioh 1. lie it enacted bit the Senate and House of flep
renentative? of the United Stutet of America in Congret* a?
eeinbted, That, while Congress will not aauctiou nor approve
(he forcible oecu|iatiou, under the orders of the President of
the United States, of territory between the rivers Nueces and
Del Norte, by the armed forces ot? the United States, nor of
any hostilities which have been earned on by order of the Pre
sident against the Government or people of Mexico, yet to
enable the President ol the Uuited States to relieve and extri
cate the army of the United States from tlie position in which
it has become involved, and to prevent any invasion or encroach
ments upon the territory of this Union, and to protect and de
fend, to the fullest extent, the ritizens and people of the Uni
ted States as far as the same may be in any way afleoted or en
dangered by hostilities with Mexico, the President is hereby
authorized, iu addition to all the present military and naval
forces of the United States, to call for and accept the set-vices
of any number of volunteers not exceeding filly thousand, who
may offer their services, either as cavalry, artillery, iufantry,
or riflemen, to serve six months, or twelve months, or two
years, as the President, in hit discretion, may think best, who
sliall be mustered into service and armed and equipped at the
expense of the United States : Provided, only, that said volun
teers sliall furnish their own clothes, and, if eavalry, their own
horses.
" Skc. 2. And be it further enacted, That, for the tame pur
Cjaea, the President it authorized to call into the service of" the
nited State* and employ such portions of the militia as he
may think necessary."
It won rejected.
Mr. BRODHEAD now moveJ that the committee riae and
report the bill to the House.
The motion prevailing, the committee roue accordingly, and
the bill wax reported.
In the House, Mr. BRINKERHOFF moved the previous
question, which was seconded, put, and carried; and the
House proceeded to vote on the amendment*.
The first question was on striking out the fust section and
inserting iu lieu thereof the section moved by Mr. Both,
heiein before rcciled.
On this question Mr. ROCKWELL, of Connecticut, de
manded the yean ami nays.
Mr. WINTHROP wished the question divided, and put
last on what he contended was a preamble.
After an argument on the question of order, the CHAIR
ruled that the amendment was one, aud.could not be divided.
The question being put, the amendment was adopted, by
yeas and uayx, as follows :
YKAS?Messrs. Stephen Adamt, Anderson, Arnold, Atkin
son, Baker, Bell, Benton, Biggt, .lamet Black, Jas. A. Black,
Bowlin,Boyil, Bi'inkerhoff, Brockenbrough, Brodhead, Milton
Brown, William G. Brown, John II. Campbell, Cathcart,
John G. Chapman, Reuben Chapman, Cliate.Chipman, Clarke,
Cohb, Cocke, Collin, Cullom, Cummins, Daniel, Darragh,
Jeflvrsou Davit, De Mott, Dillingham, Dobbin, Douelatt,
Dromgoole, Edsall, Ellsworth, Erdinan, Faran,Ficklin, Friet,
Garvin, Gentry, Goodvear, Gordon, Graham, Grover, Haral
son, Harmanton, Henley, Hoge, Hopkint, Hough, George S.
Houston, Hungcrford, James B. Hunt, Charies J. lngertoll,
Jotepb R. lngertoll, Joseph Johnson, Andrew Johnton, Geo.
W. Jonet, Kennedy, Preston King, Leib, La Sere, Levin,
Ligon, Lumpkin, Aiaclay, McClean, McClelland, McCler
nand, AlcConnell, Joseph J. McDowell, Jaruci McDowell,
McKay, John P Martin, Barclay Martin, Morris, Morse,
Moulton, Niven, Norrit, Owen, Paritli, Payne, l'errill, Pet
tit, Phelpt, Pollock, Price, Ramsey, Ilathbun, Reid, Relfe,
Ritter, Roberts, Sawtelle, Sawyer, Scaminon, Leonard H.
Sims, 1 hos. Smith, Robert Smith, Stanton, Starkweather,
St. John, Strong, I hiliodeaux, Thomattou, J. cob Thompton,
1 hurmau, 'I iblmtta, Towns, Tredway, Trumbo, Wcntwortli,
Wheaton, Wick, Woodruff, Yell, Young?143.
NAYS?Messrs. Abbott, John Q. Adams, Ashmuu, Bar
ringer, Bayly, Bedinger, Blanchard, Buffmgton, Burt, Win.
W. Campbell, Carroll, Cranston, Crozier, Culver, Garrett
IJavit, Delano, Dockery, Dunlap, John H. Ewing, Edwin H.
Kwing, loot, Gidditigt, Grider, Grinnell, Hamliu, Hampton,
Harper, Herrick, Hilliard, E. B. llolmes, L E. Holmet, J no.
W. Houston, E. W. Huliard, Sam. D. Hubbard, Hudson, Hun
ter, Danivl P. Kin|?, Thomas B. King, Lewit, McGaughey,
McIIenry, Mcllvaine, Martb, Miller, Moteley, Pendleton,
Rhett, John A. Rockwell, Root, Sebenck, Seddon, Severance,
Alexander D. Sinit, Simpson, Truman Smith, Albert Smith,
Stephens, Stewart, Strohm, Benjamin I'homptou, Tilden,
loombs, Vance, Viuton, Wintlu-op, Woodward, Yancey?67.
The residue of the amendments were agreed to, savo that
raising the pay at volunteers from $8 to #10 per mouth ; on
this the yeas and nays were demanded, and being taken re
sulted as follows : Yeas 104, nays 82.
The amendments having been gone through with, the bill
was ordered to be engrossed for a third reading, and read a
third time ; and the question lieing, shall this bill pass >
Mr. GARRETT DAVIS r&se and said : Mr. Speaker, I
ask the House to excuse me from voting on the passage of this
bill, and I will assign very briefly my reasons.
This is a measure, directly and indirectly, of very great
importance, and yet no opportunity, not a single momeat,
has Iwcu allowed any Whig of this House to say one word
upon it. 80 far as it can operate upon the fate of the gallant
General ami his little army upon the Del Norte, there ia no
need for such unparalleled haste in urging a measure of its
character through this liody. He is on a frontier three thou
sand miles distant. In the exercise of a discretionary power
vested in him by the Executive, he has made a requisition on
the Governors of the neighboring States for ten thousand
troops. At this moment, the destiny of General Taylor and
his gallant band is aealcd, and I doubt not that ere now the
prompt succor which he has received from the States contigu
ous to the theatre of his operations has given him such force he
has brateu back the enemy, and that his victorious standard
at this moment floats over Matamoras. Whatever it ia, his
fate is new scaled, and any thing we may now do will be too
late to influence it. Thero could th~n be no valid objection
to give a day to the com<i<]eration of this bill, and no person
would desire more. But the haughty and dominating ma
jority will not allow now this much.
But, Mr. Mpeaker, I have an objection to the preamble of
the bill. It recites that war exists between the United States
and Mexico, and that this war was began by Mexico. That
informal war exists between the two countries is undeniable ;
but that Mexico commenced it i? utterly untrue, and I object
to the preamble bocause it sets forth so (mid a falsehood. I
am decidedly strongly in favor of the appropriation of the
money, and of the raising of the forces for which the hill pro
vides. For these purposes, it is sufficient for me that our
country is at war, lie it formal or informal, whether began
liy Mexico or our own Government. I require only to know
that our army is in danger, and whether it be in the territory
of the United States or Mexico, I am ready to vote men and
money even to the utmost resources of the country for the
rescue. If the war he wrongful, at a more convenient reason
I would hold them responsible who made it. But I protest
solemnly against defiling thia measure with the unfoumled
statement that Mexico began this war. That position is nM
necessary to give this bill any posaible effect. It could have
been as well omitted, and, had it been rejected, I doubt not the
bill would receive the unanimous vote of the House. But that
was not the ohjcct ofits authots. Their purpose was to make
the Whigt vote ngninst, or force thorn to aid in throwing a
shelter over the Administration, by voting for a bill which ?et
forth that this needless and unexpected war was commenced
by Mexico.
Sir, if the bill contained any recitation upon that point in
truth and justice, it should lie that this war was begun by
the President. The river Nueces is the true western boun
dary of Texas. The country between that stream and the
Del Norte is part of Mexico; ami that Power hail people ami
establishments in it. Months ago tho President, of his own
will, orders Genernl Taylor and his army to take post at Car
pus Christi, on the west bonk of the Nueces, where they
remained until a considerable time after the beginning of this
session of Congress. In March last, under the positive or
ders of the President, he moves through the disputed country
upon the Del Norte. The Mexican authorities meet him at
several points with the declaration thai he ha* invaded their
country, and with protests against the aggression. They warn
him that unless he retires east of the Nueces, he will be
deemed to be making war uponMeiico, and they will resort to
force. He refers to the positive orders of the Executive, ami in
the execution of them he presses on to Matamoras ; strongly
fortifies a position overlooking the city, and mounts a battery
of cannon within three hundred yards of it, bearing upon its
public square, and from whence he could, in a few hours,
better it down. ^ He thon blockades the port of Matamoras,
orders off English and American veseels, and directs the cap
ture of a Spanish schooner. The Mexican commander
treats a I these as acta of war; ami, on the 35th of April,
(?eneral I ay lor is informed by a messenger, from the Mexican
ramp, that hostilities exist, that the Mexicans will prosecute
the-n according to the usages of civilized 'nations. That
night a detachment of the Mexican army crosses the Rio
Grande, General 1 aylor sends out a acoating party to recon
noitre, which attacks the Mexicans, and is defeated and cap
tured by the Mexicans, and thus war is raging in bloody
earnestness. It is our own President who began this war.
He has been carrying it on for months in a series of acts. Con
gress, which is vested exclusively by the Constitution with
the war-making power, lie ha* not deigned to consult, much
leas to atk it for any authority. Now, foreooth, when it
has unexpectedly hroke forth in bloody reverses, a position
must be taken by the friends of the President in Congrew
to protect him by charging Mexico with being the author of
the war; and he, in cold blood, teaches others to sacrifice a
brave and veteran officer, whenever it may become ncceasaiy
to cover his mistakes and incompetency.
! h?*? yet another objection to thia bill. AU that ia pro*
to be v#ied by this bill w to be trusted to him. He ia
to conduct this war. He ia our Conimander-iu-Chief, our
UeturtdUainu) of army and navy. He knowa, or ought to
know, how much money and how many men the protein exi
gency require*; and yet he ha* not named any aurn or any
number of troopa, as haa been invariably the uwage in auch
ctww by all former Presidents. He leavea ua to act upon our
information and judgment in the premise*. Are we to un
derstand that he abandon* the responsibilities and duties aa |
President and Commander-in-Chief in the conduct of thia ,
war.' Does he intend to be understood by Congress an pay
ing to them, (what must be now apparent to the whole nation)
" I am unequal to the high position which I occupy. I know
not how to advise you aa to the amount of money and the j
number of men you must miae to rescue the military renown
of the country from the {Missing cloud which now covers it.
In this important matter you must assume my duties and my
responsibilities, and adopt the ncceeaary measures to vindicate
the suUering honor of the nation'" if this be the position of
the President, be has exhibited more good sense in assuming
it than in all the nets of his adminiatration besides* if it be
not, he exhibits his usual reprehensible secretiveness.
But, Mr. Speaker, the essence of this measure is the sup
plies. They will all bo required befure the nation gets out
of this difficulty. I will vole for the supplies of the bill with
hearty alacrity, at tlie same time protesting against iU false
hoods. Since the play haa begun, I am for fighting Mexico
on our soil, on hers, every where, until we diive her across
the Kio (iiandc, and retrieve our ancient renown. I am then
for withdrawing our army to the east side of the Nueces, and
then settling by treaty all our points of dispute with that
weak and distracted country upon the most liberal terms.
Mr. DAY 18 waa repeatedly interrupted and called to order,
but the Chair declined to pronounce him out of order, till,
having proceeded aome time, he was called to order by?
Mr. DOUGLASS, who said the reasons Mr. Davis war giv
ing might be, in his own view, very good reasons why he should
vote against the bill, but not why he should be excused from
voting.
The CHAIR ruled that, according to the usage of the
House on similar cases, Mr. Davis must be suffered to give
his own reasons as he thought fit.
From this decision Mr. BRINKERHOFF took an appeal.
Mr. EWING, of Pennsylvania, demanded the yeas and
nays ; which, being ordered and taken, resulted in sustaining
the decision of the Chair, by veas 112, nays 72.
Mr. DAVIS having proceeded?
Mr. HENLEY called him to order, and the Chair ruled
him to be out of order.
Mr. BRINKERHOFF objected to his proceeding, and in
sisted on the rule in the case.
Mr. DAVIS thereupon withdrew his request for leave to lie
excused from voting, and said he should vote for the bill
The question then recurring on the passage of the bill, it
was decided by yeas and nays as follows:
YEAS?Messrs. Abbott, Stephen Adams, Anderson, Ar
nold, Baker, Barringer, Bayly,* Bedinger, Bell, Benton,Biggs,
.funics Black, James A. Black, Blancliard, Bowlin, Boyd,
Brinkerhoff, Brockenbrough, Brodhead, Milton Brown, W. G.
Brown, Bulfiogton, Hurt, W. W. Campbell, John H. Camp
bell, Carroll, Cathcart, John G. Chapman, Augustus A.
Chapman, Reuben Chapman, Chaae, Chipman, Clarke, Cobb,
Cocke, Colliu, Crozier, Cullom, Cummins, Daniel, Dargan,
Darragh, Garrett Davis, Jefferson Davis, De Mott, Dilling
ham, Dobbin, Dockery, Douglass, Drwngoole, Dunlap, Kdsall,
Ellsworth, Erdman, John H. Ewing, Edwin H. Ewing, Faran,
Ficklin, Foot, Fries, Garvin, Gentry, Goodyear, Gordon,
Graham, Grider, Cirover, llamlin, Hampton, Haralson, Har
manson, Haqier, Henley, Herrick, llilliard, lioge, Elias B.
Holmes,t Isaac E. Holmes, Hopkins, Hough, John W. Hous
ton, George S. Houstop, Hungertord, James B. Hunt, Hunter,
Charles J. Ingersoll, Joseph R. lngeraoll, Joseph Johnson,
Andrew Johnson, George VV. Jones, Andrew Kennedy, Pres
ton King, Thomas Butler King, Leib, La Sere, Lewis, Levin,
Ligon, Lumpkin, Maclay, Met Mean, McClelland, McCler
nand, MoConnell, Joseph J. McDowell, James McDowell,
McGaugliey, Mcllenry, McKay, Marsh, John P. Martin,
Barclay Martin, Miller, Morris, Morse, Moaeley, Moulton,
Niven, Norris, Owen, Parish, Payne, Peudleton, Pen-ill,
Pettit, Phelps, Pollock, Price, Ramsey. Uathbun, Reid,
Relfe, Rhett, Hitter, Roberts, John A. Rockwell, Sawtelle,
?Sawyer, Scammon, Schenck, Seddon, Alex. D. Sims, !???*>
nardll. Sims, Simpson, Truman Smith, Albert Smith.J Tho
mas Smith, Robert Smith, Stanton, Starkweather, Stewart,
8L John, Strong, Thibodcaux, Thomasson, Jacob Thom|>
son, Thurman, Tibbatts, Toombs, Towns, 1 red way, 1 ruinlKi,
Vinton, Wentworth, Whealon, Wick, Winthrop, Woodruff,
Woodward, Yancev, Yell, Young?174.
NAYS Messrs'. Johu Quincy Adams, Ashmun, Cranston,
Culver, Delano, Giddings, Grinnell, Hudson, Daniel P. King,
Root, Severance, Strohm, Tilden, Vance?14.
8othe bill was pakskii.
On motion of Mr. HARALSON, the House took up the
amendments of the Senate to the bdl to increaae the rank and
file of the army of the United States, and agreed to the same
So the bill has finally passed both Houses, with the rank
and file of companies increased to one hundred men.
And the House adjourned until to morrow.
Tuesday, May 12, 184G.
IN SENATE.
A message was received from the House of Representatives
informing the Senate that they had concurred in the Senate's
amendments to the bill providing for the increaae of the array
of the United States.
The following bill was received from the Houae of Repre
sentatives :
" An act providing for the prosecution of the existing war
between the United State* and the Republic of Mexico."
The preamble to the bill.is as follows: '? Whereas, by the
? act of the Republic of Mexico, a state of war exists be
' tween thst Government and the United States."
The t-ill having lieen twice read?
Mr. CALHOUN rose and said that he hoped, at least, one
day would be allowed those who were to vote upon thia bill,
as an opportunity to consult the documents which had been
submitted to the Senate by the Executive, as containing the
ground on which the bill was to pass. It was a bill amount
ing to a declaration of war. Mr. C. had no objection what
ever to voting the amount of supplies contained in the bill, or
even a greater amount, but he was at present unprepareil to
vote any thing which amounted to a declaration of war. The
question was one of great magnitude, and gentlemen who
entertained doubts respecting the facts on which the bill waa
founded, or in regard to the necessity or propriety of a decla
ration of war, ahould certainly have some short time allowed
them for reflection. He wis not opposed to the bill in many
of its features; all he asked was that the gentlemen who had
charge of it would afford him a little time to examine the
documents accompanying the President's message, which had
been ordered to be printed, but were not yet in possession of
tjic Senate.
Mr. MANGUM said he had no disposition to embarrass the
passage of the bill. He ahould, however, greatly hesitate to
vote for it in its present shape, inasmuch as it waa equivalent
to a declaration of war ; but he waa prepared at once to vote
supplies to any amount, whether of men or money. All he
asked was, that the political question aa to the actual exist
ence of a war might be separated from the vote of supplies.
If the friends of the Administration wanted their fifty thou
sand men and their ten milliona of dollars, they could have
both in hall an hour, if they would not embarrass the bill by |
connecting it wilh the other question. Mr. M. had under
stool yesterday that it was expressly with a view to avoid
this difficulty that a portion of the message had been referred to
the Committee on Foreign Relations, while a different com
mittee had been charged with what related to the raising of
supplies. He had hoped that the Senator from Missouri (Mr.
Bb*tok) would have reported to the Senate from the Milita
ry Committee a bill free from all extraneous matter, and pro
viding simply for the rsising of troops and the granting of
money. _ !
Mr. M. emphatically repeated that he had no disposition
whatever, neither had those with whom he acted, to embar
rass the passage of this bill. They felt quite as deep an inte
rest in the national honor, and quito as much pride in the na
tional dignity, as the chairman of the Committee on Foreign
Affairs; yet they were unwilling, though at the expense of
being charged wilh a want of patriotism, to be placed in a
false 'position. They were not willing to assume the fact,
without evidence, that a state of war tatween the I Inited States
and Mexico did actually exist. Suppose that the troops which
had crossed the Rio del Norte had acted without authority
from their Government, and that the colliaion which had un
happily taken place waa owing to their own unauthorized
act?was any Senator prepared to say that, according to the
doctrines of national law, this constituted a state of war be
tween the two nations} The act of ftiese military officers
might yet be disavowed, ami, until the Senate was tatter in
?Whcn Mr. BAYLY'S name was caltaThe rose and said :
Mr. Speaker, I ask to be excused from voting. I cannot vote
in silence without placing myaelf in a lalse position. I con
sider this bill virtually a declaration of war, made without Ex
ecutive recommendation ; for I do not understand the Execu
tive as recommending a declaration of * sr. And made too
when we do not know that the invasion of our territory and
aggressive acta are sanctioned by the Government of Mexito.
They may yet be disavowed, ami reparation made. I am,
therefore, unwilling at this time to vote the declaration of war.
I do not consider such a declaration necessary to meet the !
emergency. On the other hand, I am anxious to vote suchsup- i
plies of men and means as will affoid succor to our army and
repel the invasion. I must, as I am now placed, decline to
do this, or vote for the bill before the House. If 1 am not ex
cused I shall vote for the bill, as I consider withholding the
supplies under the circumstances as the greater evil. Mr. B.
withdrew his request to be excused.
t When Mr. E. B. Hol*k* was called, he rose in his place
and said : ?? Mr. Speaker, 1 vote ay, because I cannot with
hold supplies from our army in its present rendition ; hut I
solemn!) protest against the preamble to thia hill, and pnbliely
denounce it as base, fraudulent, and false."
| When Mr. Al?ii?t 8*itb's name was called he rose sad
said : Mr. Speaker, I vote for the bill, but 1 do so under a pro
test to the preamble of the bill, aa false in lt? facts and operat
ing aa a fraud upon the nation.
formal, wen they ready aolemnly to paaa u act which wu
equivalent to declaring war in form > Mr. M., for one, was
not willing to do this. He wanted more light; and ho did
not see that any injury could possibly result from grating
a declaration of war from a vote of supplies He and his
frienda were ready to grant whatever men and money were
required in half an hour. And before the men raided could
arrive at their destination the requisite time would have been
afforded to determine intelligently and on authentic evidence
whether a ?Uie of war did or did not exist. If i< did, then
Ml. M.njhouW be unwilling to restrain the action uf our force*
to the left bank of the Kio del Norte. If we were actually at
war, then he wan under the impression that our forces ought
to cross the river, and that we should not stop till we had die
tated peace at the capital of the Mexican empire. Let this
met be clearly ascertained, and then he was prepared not to
vote fifty thousand men only, but ? hundred or a hundred and
fifty thousand, if the Executive came to Congress and de
inanded that amount He was ready to place the whole force
of the country at his diapoml, so that he should be enabled to
conquer peace m the heart of the Mexican empire. But if it
should turn out that the acts of the Mexican soldiery were un
authorized, and that the two nations were not constitutionally
in a state of war, why pais, this bill in such a form as should
give to the President the power to declare war at his pleasure >
If gentlemen on the other side of the chamber had no purpose '
to embarrass others, and if their object really was to elltain I
with all possible expedition and unanimity a grant of supplies,
t ley had but to separate that question from the quostion of,
peace and war, and they could obtain it to-day, they could
obtain it in an hour. i
Mr. MANGUM said he had no shadow of abjection to hav- '
ing the subject tuken up and disused of. He was well as- I
sured that there was not one gentleman on that side the cham
ber who wished to inteqtose a single objection to the grant of!
supplies. As far as he knew, or had reason to believe, if gen
tiemen would but consent that the political question should be I
separated from the vote of supplies, they could have the vote 1
of supplies just as soon as it was possible to pass the bill1
through the forms of legislation. And he put it to gentlemen
on the other side whether such a course would not be much
belter than embarrassing their fellow Senators by insisting un
oti having the two questions included under the same vote >
Had any evidence lieen submitted to Senators to prove that1
the assent of the actual authorities of the Mexican Govern
ment, whoever they might be, had been given to the
military movements in the vicinity of our camp > He had
seen none, the documents had not been printed, and he had
had no opportunity to examine them. The act of the mili
tary commanders might be disavowed by their Government,
and then m what condition would gentlemen find themselves .?
It was said that the President asked the Senate only to recog
nise the fact that war existed ; but where was the difference
between a recognition that war existed and a declaration that
war existed ? (which was the amount of a declaration of war.)
He could see no dillerence. He was fully aware that no re
mark copld l>e made by those who hesitated to pass the bill
that would not be deemed unpatriotic and represented as evi
dence of some improper feeling , but he hoped gentlemen
would not be deterred by considerations of this kind from tak
ing whatever coursc their duty might require. If a state of
war did exist, then a grave inquiry would arise as to who was
the author of it, and whether the blame rested on Mexico or
on the course of our own authorities. If the responsibility
should, after all, be found to lie at the door of our own Govern
ment, Mr. M. would not attempt to anticipate that judgment
which would be pronounced by public sentiment on every man
concerned in such a transaction. He would once more repeat
that if the sole object of gentlemen on the other side was to do
what the President required by affording him the requisite ap- !
propriations and any amount of Uoojis he asked for, they could
do it at once. Let this be done, and then refer the political
question to the Committee on Foreign Relations. Meantime
let the troops be on their march, and, before they reached the
theatre of operations, the rapid progress of information would
convey to them the result of the Senate's deliberation, so that
DO actual delay would be occasioned.
Mr. M. and his friends felt the strongest desire to grant,
without a moment's delay, whatever the safety of our army
and the honor of our Government should require. He hail i
hoped that a now bill would liave been reported from the Com
mittee on Military Affairs. He should have more confidence
in the present bill, had it passed under the examination of
that committee. The question before the Senate was in fact
a military question, and was appropriate to that committee.
Doubtless the honor of the country must be maintained at all
hazards and at any cost, and he hoped gentlemen would feel
and remember that, if any delay occurred in granting the ne
cessary means, the responsibility could not lie on that side of
I the chamber.
Mr. BENTON, chairman of the Committee on Military
Affairs, stated that, on the reception of the news from our
Southern frontier, that committee had met early this morning,
and having with them a newspaper copy of the House bill, had
gone into a consideration of the whole case, and had decided
that if Upi bill had been referred to them and they had
reported, they should have reported the present bill, though
with some modifications. He understood also that, as far as the
Committee on Foreign Relations was concerned, they should
have been ready to have done the same thing; so that, in
either event, the Senate would have had the same bill before it.
r. CALHOUN said that he had no disposition whatever
to create unnecessaiy delay in the passage of this bill. The
[ rule he had laid down for himself, and which throughout life
he had endeavored to follow, had beeo to discharge his duty in
[ whatever emergency he might be placed, and especially was
j he cared to observe this rule in acting on ao solemn a ques
tion as a declaration of war. All h? wanted, all he asked for
! was time to make up his opinion. He sought no delay, and I
resorted to no indirect coursc to conceal his true intent. Gsn
tiemen argued strongly in favor of unanimity, but if unanimity
constituted an element of force, and the friends of the bill were
so anxious to obtain it, why could they not accommodate gen
tlemen who had honest doubts as to the state of facts, by con
senting to strike out the preamble of the bill, and to suffer the
question of supplies to be separated from the question of a de
claration of war ' Was not such a course reasonable > Was
it not fair and just > Gentlemen stated to the Senate that the
informauon received from the frontier was such aa to require
| instant action : if so they could have instant action. If any
delay occurred the delay was their own. Mr. C. should
create none. He was pre|M?red to vote the supplies on the
spot and without an hour's delay ; but it was just as imposrn
b r for him to vote for that preamble as it was for him to
plunge a dagger into his own heart, aud more so. He could
i. WM noi prepared to affirm that war existed between
the I nited States and Mexico, and that it existed by the act
of that Government. How could he affirm this, when he had
no evidence on which to affirm it > How did he know that
the Government of Mexico would not disavow what had been
done ' Was he to be called upon to give a vote like this ?
It would I* impossible for him to utter it, consistently with that
aacred regard for truth in which he had been " educated.
He had no difficulty as to his course. His mind was made
I up , it was made up unalterably ; he could neither vote af
irmativelv nor negatively. He had no certain evidence to
go on Whether any one would go with him in this course
he did not know ; be had made no inquiries, and he did not
know that a single friend would be found at his side. As to
what might be said on such a course, ami all that was
called popularity, he did not care the snap of his finger. If he
could not stand and brave so small a danger, he should be but
little worthy of what small amount of reputation he might have
earned. He could not agree to make war on Mexico by ma
| king war on the Constitution ; ami the Senate would make
war on the Constitution by declaring war to exist between the
two Governments when no war had been declared, and no
thing bail occurred but a slight military conflict between a
portion of two armies. Yet he was aaked to affirm, in the
very face of the Constitution, that a local rencontre, not au
thorized by the act of either Government, constituted a state of
war between the Government of Mexico and the Government
ol the United States?to say that, by a certain military move
ment of Gen. Taylor and Gen. Arista, every citizen of the
I nited States was made the enemy of every man in Mexico.
It was monstrous. It stripped Congress of the powrr of ma
king war ; ?nd, what was more ami worse, it gave that power
to every officer, nay, fo every subtltam commanding a cor
|H>ral s guard. Did gentlemen call upon him to do this ' Did they
expect he wa? going to vote for a |<ositioii so monstrous " If
they forced the question upon him, he should take his own
course. If they wanted unanimity, they could have it; but
it 10 (lroceei1 on thelr ?wn petty party views, be
Mr. J. M. CLAYTON said that he was as sincerely in
terested in having speedy ami united action on this bill as any
gentleman on the other si.le of the chamber possibly could
be; and he hoped they would suffer it to be presented in such
t shape that all could vote tor it What was desired by them
was equally desired by Mr. C. ami his friends. All they
Zll . ^*1*" ?JE,tuni,J of ?Wli?" to the Executive
without being called upon, at once, .ml withont time even to
read the documenta, to declare that a atate of war did exist.
W hy could not gentlemen ao far accommodate them as to
postpone this question of war or no war, and so modify their
bill as to let gentlemen on Mh sides of the chamber give it a
unanimous vote ' Ut the bill go to the Military Com
mittee ; In five minutes they could report it beck to the Sen
ate with the requisite modifications. They were willing to
sit till midnight if necessary, ami not rise till it was n?*s
? were willing, ready, anxioua to pass it.
I he President had sent to the Senate a mass of documents
containing that evidence which was to be the basis of their
action , but these had not yet been printed, and Sena
tor* had had no opportunity to examine them. Was it jus
tice, either to them or to the President of the United Ktates,
to call o? them to pass the bill without even seeing what he
had deemed it proper and necessary to send them aa the basis
?!'h7*rT h*d n<* ?*ed the .Senate to deckle in
ha*e like this. Hail any gentleman read these documents'
They coukl not, because they were yet in the handa of the
printer Ami had the Present desired the Senate to decide
M blind, without looking at one of the paper, he had aent
them No. Mr. O. would do the Executive the justice to
believe that when he sent documentary evidence he meant it
to be ?*d i ind yet hen we? th*y to decide without
even a glance at it. Mr. C. could not say whether a atate of
war did or did not exist. He de*ired to examine the evidence
submitted ; and so, he -hould suppose, must every member ol
the Committee on Foreign Relation* deaire. He would pro
iced as rapidly iu voUn* supplies aa any other gentleman, be
he who he might. Why would not gentlemen suffcr the
question to be decided a? they did yeatenlay ? 1
There ww another objeclion to the bill, which be wuheii
to state, and which he desired to be duly weighed. Why
thia hot haste > They had the day l*fore them i why not
lake the requisite time to deliberate on what they were
Tliia bill appropriated ten million* of dollar*. Of th? be
did not complain : he had not the alighte?t objection to it ? M ,
waa ready to vole twenty millions, but it appeared objection- (
able to him l>ecau?e it staled no *pecific objecU to which the
money wa* to be applied. The appropriate was general,
indefinite. The President wa* vested at once with the abso
lute di*|>o*al of ten million* of dollar*, without declaring that *o ,
much wa* to be applied to the army, *o much to the navy, ao
much for provision*, *o much for transportation, <Stc. Mr.
C. held thi* not to be in conformity with the ConstituUon.
He appealed to gentlemen of the Democracy to aay whether (
thi* w<ih democratic. The old Democratic party made this (
one of the great principle* of their action. They insisted on
specific appropriation* a* one of the great diatincUon* of de
mocratic Government. It wa* emphatically recommended by
Mr. Jeirernon, and wa* one of tha watchwords of the party ,
of which he wa* the acknowledged head. Whaaoever opposed
it wa* at once net down aa an enemy of that party. And yet
did any man ever behold a more .weeping appropriaUon than |
thi* of ten million* without a single speafieaUou 1 he
whole power of Congress over the subject waa here delegated
1 in a single line to the President of the United State*. Were
gentlemen willing to do this ? Were they not bound, by the
doctrines of their own party, aa well as by the Constitution
of the United State*, to render it a little more specific I o
say *o much shall be applied to the building, so much to the
equipping of vesaels, so much for provisions, ?o much for
forage, so much for transportation, Ac. Was there one
amonir the lowers delegated to Congress in the Constitution
which Congress could transfer to the President, or to #ny
other individual or body > If it could delegate one of ita
power* it might another, and might delegate them all away
The power to appropriate money wa* one of their peculiar
powers : could they give thia to the President ? This w?a a
subject which had been often and elaborately discussed, and
Mr C. bad suppo*ed the question had long been settled, lie
wa* ready to vote the ten millions, but he wished it divided
under roecific head*, according to the Jeffersonian doctrine ot
political orthodoxy ; otherwise the Senate would be guilty of
a irro*a departure from the Constitution.
Mr. C. again expressed hia desire that the lull should
be referred to the Committee on Military Affairs. By modi
fying it aa they were prepared to do, they might secure
unanimity in the vole of the Senate. And wa* not this
highly desirable > He did not know all the facta which ought
to t>e placed before him in acting on ao solemn a matter ? but
he should feel greatly relieved by a concurrent vote of all his
brother Senator*. Let the Military Committee report it back
to the Senate immediately, (as he believed they were pre
pared to do,)and Mr. C. and his friends would pledge them
selves to sit here till midnight and pass the bill He moved
that the bill be referred to the Committee on Military AlUir*.
Mr. ALLEN said that, on behalf of the Military Commit
tee, he understood the chairman to say that he waa ready to
| report the bill back in it* present shape. He demanded the
yea* and nays on the question to refer. .
Mr. BENTON repeated the statement he had betore
made as to the early meeting of his committee this morning ;
their careful examination of the bill, (aa reported in the pa
pers, ) and had agreed on certain amendments, which he read
and the first of which was to strike out the preamble.
Mr CLAYTON hoped the bill would be suffered to go to
that committee, and let them report it back with theae amend
ments. It would greatly relieve hi* own side of tbe chamber,
and enable them to satisfy their scruples on the question of the
existence of war. And could they not also render the appro
priation somewhat more definite, and ao remove all objections
on that point al*o* .
Mr. BENTON replied that to adapt the appropriation to
each respective head of expenditure would be a very long and
laborious process. It would consume a great deal of time.
On that account, while fully agreeing wilh the gentleman
from Deleware on the principle he had stated aa to specific
appropriations, he could not undertake to do what he desired.
Mr. CLAYTON said, if this was not pracUcable, let the
gentleman report the bill with the committee's modifications, |
and he should be content.
Mr. ALLEN said that a pert of the message had also been
referred to the Committee on Foreign Affair*. The pohtical
question had not been referred to tbe committee, and hence
they had confined their attention to ao much of the bill aa re
lated to their own department. Tbe Committee on r oreign
Relations had also had the bill under consideration, and tbe
majority of that committee concurred in the piopoMiiona con
tained in the preamble, and in the first section of the bill, de
claring that war doea actually exist. The question had by
that committee been decided ; ao that, in fad, both the quea
tions referred had been settled by the respective committees.
He hoped, therefore, that the bill would not be referred a*
proposed, but that speedy action would be had upon it.
Mr. BERRIEN observed that the reason stated by the gen
tleman from Ohio did not interfere wilh the motion to refer
The explanation* made by the chairman of the Military Com
mittee, went to show that the utmost expedition could be at
tained by the reference. The .amendments were prepared
and reduced to writing, and the bill and amendments could
be at once reported back to the Senate, and would 1* ready
for it* sanction. Meantime the Committee on h oreign Rela
lions could report simultaneously, and the Senate would be
ready to act upon both. He trusted the motion of the Sena
tor from Delaware would prevail.
The question was now taken by yras and nays, and de
cided as follows: Yeas 20, nays 26.
So the Senate refused to refer.
Mr. CLAYTON asked Mr. Bekto* whether he had
meant to report these amendments, if the bill had been re
fefMr. BENTON replied that the committee had resolved that
they would act subordinate^ to the will of the Senate. II
the Senate should decide that war did actually exist, then they
rtioukl report in one way, but if the Senate should decide to
give the President the mean* not to prosecute the war, but
only to repel invasion, then the committee would modify their
report in another way, so as to provide for repelling invasion
instead of prosecuting the war.
Mr. ALLEN said that the Committee on Foreign Kela
tions would have reported this morning, had not the bill from
the Houae came in immediately after the reading of the jour
nal, and before reports from committees were called for. I he
report of the committee would have conformed in suhalancr
to the first section of the House bill. The committee had
designed to report a bill which the Senate might e.ther act
upon independently or insert as an amendment into the Hous.
biH; or if the Senate should prefer to adopt the first section ot
the House bill as it stood, then that their report should be suf
fered to sleep on the table. The firat section of th?i bill from
the Houae ol Representatives contained aubstanUally the re
mits of the action of the Committee on Foreign Relations,
and would have been in fact their report.
Mr. J. M. CLAYTON inquired whether that committee
had had before them the documents accompanying the Pt??
deni's message, either in manuaenpt or m a printed form
Mr. ALLEN replied that they had had tbe documents lie
fore them in manuscript, and had alao heard the message from
the President read, ami they could not doae their eyes to the
fact ao glaringly payable, that there waa a state of war be
tween Mexico and the United States, even had they never
seen one of the documents or heard ihe message at a .
Mr J M. CLAYTON said it seemed also that the com
mittee could not close their eyea to another fact, and that was
that the war came from the Government of Mexico. I he
committee, however, had had the manuscripts before them
Tbe Senate all knew how voluminous these were. Mr.
presumed that the committee had read them ; and, if so, they
must have been very laborious indeed. But what opportunity
had Mr. C. and the rest of ihe Senate enjoyed of looking at
theae documents > The committee had enjoyed this-the
ate had not. He, for one, deaired to have the same opportu
nity of forming a correct judgment which the Senator from
Ohio had had. He had not hsd acceas to these papers. Hut
the committee asked him and his friends to go it blindly, with
out looking at the evidence in the case. He must receive
their inferences from that evidence as l*>ing infallibly correct.
Now, be thought it was requiring rather too much to ask this.
Mr. C. here a?ain put tbe question to Mr: Bssto* whether
he intended to move the .amendment* which he had read
Mr. C. preferred that he should do it; bat, if not, he should
move them himself.
Mr. BENTON declining? ,
Mr. J. M. CLAYTON proceeded to move the amendments.
The first amendment was to strike out tbe preamble of
the hill. , , ,
The CHAIR decided that the preamble was the last thing
to be considered ; and the motion was therefore not now in
order. , ,
Mr. BENTON explained that the committee had propoae<1
to strike out the preamble, not in regard to tha political ques
tion, but only in reference to the direction which the Senate
had given to that committee.
? Mr. B. had received, in a Mexican paper, the copy of a
proclamation made by the President ad interim of the Mexi
can Republic, to his fellow-citixens, on hearing of the advance
I of the American troops to the banks of the Rio del Norte.
There was one paragraph in thia message, or proclamation,
which referred directly to the question how far the inarch of
our army was or was not an act of war \ and it went to *how
the correctneaa of the doctrine that there might be hostilities
I without a Mate of war, aa there might he a state of war with
out actual hostilities. The President arl interim *?st. ?l in
this paper that ?' it was not his right, as such, by his own so ,
?to declare war ; but that the august Mexican Congress wmim
? take into consideration the state of conflict in whtc i y
?found themselves, and that a magnanimous and sutlering |
people would not ba attacked with impuolty i but, in th?
. T il ""s*11 be necessary to repel act* of hostility
t * th" initiative in regard to the invader* by rolling
, **' "P011 l'le,n the guilt of disturbing the peace of the
world ; ti>mt Mexico would not aubout to any hostile act com
mittoi by the people or Government of the United States <
but that every such act would be met and repulsed by ail the
?power of the Republic." Mr. B. had repeated this pas
sage from a proclamation from the preaent Freaident of Mexico
With a ww to .how that, he door was open for .11 adjustment
of our difficulties 5 and he thought he could aee, in the lan
guage of this officer, that a peaceable adjuatment of them
might lie effected. 80 far aa he could aee i'rorn thia declara
tion, the Government ot Mexico seemed to lie willing and
ready for such a result 5 it sot-med to conaider the hoatihtiee
aa proceeding from our troopa only, and there appeared to be
an opinion that Mexico ought to adopt some other preliminary
measure* before ahe drew the aword.
Mr. J. M. CLA Y TON aaid that he drew the same infer
ence from thia peper with the gentleman from Missouri, that
hostilities did not necessarily imply a atate of war. In fact
there waa no treatise on the law of nations which did not defi
nitively declare that the one might exiat without the other ;
that lettera of marque and reprisal might be iaaued and acted
upon, and yet no atate of war exiat, unleaa they were iaaued
generally. Military meaaurea of mere defence did not conati
tute a war. But Mr. C. purposely abstained from entering
into thequeation whether war did or did not exiat { perhapa it
did, but he waa not willing to aay ao in thia bill before the
Senate knew the fact. He would not aay that there waa not
a state of war; he aaaumed no auch poaition. All he wanted
waa an opportunity to look at the documenta to see how far
we could be justified in aolemnly declaring that war di?f exist.
With a view to test the aenae of the Senate, be would
move to amend the bill by atrikiag out, in the third line of the
first section, the worda "prosecute aaid war to a speedy and
successful termination," and inserting the worda "repel inva
aion." If thia motion ahould suc ceed, he ahould then follow it
Tth''k pwreaponding amendments in the aubsequeot parts
I he question being on striking out and inserting aa above
proposed?
Mr. BREESE demanded the yeaa and naya, which ware
ordered by the Senate.
Mr. CALHOIJN aaid he would now appeal to the Sfmtf
and ask if there waa a man there who could believe, on the
ground of the only document the Senate had before' it, that
there did at thia time exist a war, in the proper and coiistitu
tional aenae of that term ? Before auch a war existed, it must
be made by the proper authority, which, in thiscaae, waa the
Mexican Congress on one side, and the American Congreas
on the other. Even if the two Preaidenta of the two Repub
lics should issue solemn declarations of war, that would not
constitute a state of war, because the Preaidenta had no auch
authority, and the nationa, respectively, might disavow their
acts. It would be a most extraordinary step on out part to
make a declaration of war after the disavowal which the Senate
had just heard on the part of the President of the Mexican
Republic. Mr. C. aaid he had much rather that the Senator
from Delaware had divided his motion, and had at first moved
only to strike out. He put it to the conscience and to the regard
to truth in the breast of fcvery Senator, whether he cpuld make
the public declaration before the world that a state of war did
now actually exist.
Mr. HOUSTON said it was not bis purpose to occupy
much of the lime of that honorable body; be roee merely for the
purpose of declaring what the true position of thia country,
according to his apprehension, now was in relation to Mexi
co. His conviction was that they were actually in a state of
war. War had existed for ten years between Mexico and
1 exas ; and it had been declared in advance ofi the part of
Mexico when the queation of the annexation of Texas to the
United States was sgitated, that if that annexation took placc
the war would not only be continued againat Texas, but war
would be proclaimed also against the United States. The
war had continued to be prosecuted against Texaa, and Texas
having in the mean time become a portion of the United
States, the Government of the United States was now
placed in the situation occupied heretofore by Texaa in rela
tion to Mexico. War, therefore, in his judgment, unques
tionably existed between Mexico and the United States. It
had been extended to the United States by the declaration of
the Mexican Government, and hsd been continued and re
newed by the recent acts of that Government-?acts of out
rage and violence committed upon the United States troops
within that territory, from which they had declared they would
expel the citizens of Texas aa intrude re and rebels. Texaa
having been annexed to the United 8tatea in the face of theae
declarations on the part of Mexico, and in the face of the ex
isting war, he would aak what circumstances bad occurred
since the annexation which had at all changed the nature of
these relations, and rendered them peaceful' He apprehend
ed that those relationa had not changed; and if they bad not
changed, the United States and Mexico were unquestionably
in a state of war, Mexico being yet engaged in an aggreeaive
war upon the State of Texaa, on? of the Slates o#this Union.
The United States waa, therefore, placed precisely in the situ
ation in which Texas had been for the last ten years, subject
te the aggreasiena, incursions, inroads, attacks, and outrages
of the Mexican forces, acting in obedience to the commands
of the conMi luted authorities of the Mexican Government.
Could any doubt exist that thry were in tact and truth in a
state of war > In his conscience he could not resist the con
viction thst they were as virtually, as effectually in a atate of
w*r> ?* if Mexico had six weeks ago declared war expressly
against the United States. Ten years ago Mexico commenc
ed hostilities against Texas ; there were temporary suspen
sions of hostilities, but the war waa renewed from time to
time .- thoae cessations of arma were from time to tiaae inter
rupted by renewed declarations of war and extermination
against the inhabitante of Texas. How long waa it nsrnaaa
ry then to pause and to conaider whether there was war or
not ' How long was the Congreas of the United States to
ponder > Were they to regard the declarations of Mexico,
pronounced by the chief officer or usurper of her Govern
ment, as having no force on the ground that he had no autho
rity to declare war '?that it belonged only to Congress to
declare it * 80 long as they held that as the rule of their ac
tion, so long would they find themselves deceived. 80 Wig
aa he could delude tbem with professions of psarn. so long
would he continue those professions, while his acta would
continue to be acta of hostility and violence.
He had not risen for the purpose of occupying the Mae of
the Senate in any lengthened speech. He would be glad if
the bill were put in such a form aa would meet the wialw of
every honorable Seuator. He would be entirely willing to
gratify them by first taking up, if they pleased, the subject of
appropriation, of furnishing the adequate meana for resistance,
if he were assured that the declaration of war would peoaptly
follow ; but if they were to vote auppliee of munitiona of war
and men for the mere purpoae of marching to the Rio del
Norte, and there halting, he could not aubeenbe to any mea
sure of the kind. He could not assent to it, because tie thoogbt
it would be utterly useless. If they intended to act at all, they
ought to act a a though they intended to redresa the wrongs
ihey had suffered. The policy of declaring war might be dia
cussod for months, and in the mean time our troops would be
left to waste away and be deetroyed, until only the dtoieton
of an army would he left, while debts accumulated upon the
nation and the Mexicans remained hi nisi il Humiliated
as we might regard her, imbecile aa were her people, we ought
nevertheless to consider her and to treat her as a nation, ao
long aa she was capable of outraging the rights of America.
Her degradation ahould not be allowed to excite in our breaats
a feeling of |i?ty; so long as she manifested a disposition to
commit outrages upon our country, we ahould entertain no
other feeling than a feeling of resentment 4 we ahould not,
through a mistaken pity, withhold our hands from inflicting
chastisement. Having received wrongs at her hands, it waa
our duty to redress those wrongs. Injury having been inflict
ed by Mexico, she ought to be punished. Her inenknui
ought not to be tolerated. She ought to be made awaea that
we could not only repel insult, but also puniah it.
He was prepared to vote for a declaration that w? ware in a
state of war, and the meaaurea neceaaarily consequent upon
such declaration could be immediately adopted and carried in
to execution. Perhapa the next intelligence received would
be that advantage had been taken of our inactivity, and eonte
new outrage perpetrated more seriously involving the national
honor and dignity than any which had vet reached our ears.
We would then be prepared to act decisively, no doubt.
I hen why not act at once > The officers of the Mexican Go
vernment announced her to he in a state of war ! where, then,
was the ground for hesitation > When they were informed
that an experienced officer, an experienced military comman
der, ha<l been dispatched to the frontier with orders from the
Government to assume the command, to supersede sn officer
already there, and to assume the reaponeibilitv of the prosecu
tion of the war, did Senators believe it was without s definitive
object' Did they believe it was to repel invssion slone thst
he was sent, and not to commit aggression ' Wss not the
croaeing of the Rio Grande by the Mexican forcee of itself sn
act of war > Was not the entering our territory by an armed
force an act of war * However the decision might hereafter
lie in regard to the precise extent of our territory, the Mexicans
knew full well that the river hsd been assumed as the bounds
ry. Up to the lime of annexation it hail been ao considered,
and, more than that, ibe Mexicans had never once established
a military encampment on the esst side of the river ? it had
new been held, even bv themselves, to be within the limits
of Mexico, otherwise thsn upon the ridiculous ground of
claiming the whole of Texas to he theirs.
They had marched acrosstbe river in military array?they had
entered upon American soil with a hostile design. Waa Una
not war' A nd now were Senators prepared to temporise and
to predicste the sction of this Government upon that of the
Mexican Government, as if the latter waa a systematic, regu
lar, snd orderly Government ? He, for one, wss not prepared
to do so. How many revolutiona had that Government un
dergone within the last three yeara > Not less than three, with
another now in embryo. Perhapa the next arrival might bring
lie news of another change, ami that the American array on the
Rio del Norte had been deetroyed while awaiting the action
of the Mexican Government, in the supposition that it was
a regulaily constituted Government, instead of being a Gov