the President, in seeking to prostrate him, unfortu-
uately arrayed themselves in opposition to a war
forced upon us by an arrogant and perfidious enemy.
It will Qot be h't't to posterity to settle the measure
of ignominy, which justly attaches to conduct so
unpatriotic.
The adherence to partisan Leaders, which at all
times is too ardent, for a brief period sustained
the opposition members of Congress in the cause
POLK ADMINISTRATION. 121
which they pursued. But when reason had resum-
ed its sway, and the conduct of the administration
had been calmly examined, it was sustained by a
majority of the American people. Even at the
present day, Mexico is considered the aggressor;
and the summary and terrible punishment which
was inflicted upon her, is now regarded as an act
of justice, which at the same time vindicated our
own character, and chastised the presumption and
treachery of a perfidious people.*
* " The country, which one year ago was quiet and prosperous, at
peace with the world, and smiling under the profusion of Heaven's boun-
tiful munificence, by the sole and authorized act of the President, has been
plunged into an unnecessary and expensive war, the end and fearful con-
sequences of which no man can foresee. And to suppress injury, and
silence all opposition to conduct so monstrous, an Executive ukase has
been sent forth, strongly intimating, if not clearly threatening, the charge
of treason against all who may dare to call in question the wisdom or
propriety of his measures. Not only was Congress, which possesses ex-
clusively the war-making power, never consulted upon the subject until
after hostilities were commenced, but the right is even now denied that
body to make any legislative expression of the national will as to the
aims and objects for which the war should be prosecuted. The new
and strange doctrine is now put forth, that Congress has nothing to do
with the conduct of war ; that the President is entitled to its uncontrol-
led management ; that we can do nothing but vote men and money,
to whatever amount and extent his folly or caprice may dictate.
Neighboring States may be subjugated, extensive territories annexed,
provincial governments erected, the rights of conscience violated, and
the oath of allegiance, at the point of the bayonet, may be administer-
ed to a mixed population, embracing all variety of races, languages, and
color, and the representatives of the people are to say nothing against
these extraordinary outrages against the first principles of their Govern-
ment, or render themselves obnoxious to the imputation of giving ' aid
and comfort to the enemy.' This is nothing less than the assumption
of the principle, that patriotism consists in pliant subserviency to Exe-
cutive will ; that the President is supreme, and the ' King can do no
wrong.' " — Speech of Mr. Stephens, of Georgia, in the House of Repre-
sentatives, February \2th, 1847.
" I do not, at this time, intend to discuss the causes of the war, or to
122 HISTORY OF THE
The distinct charges made upon the floor of
Congress against the administration, were, that by
marching the army beyond the Nueces, they trod
il th" blunders and folly of the President, connected with its
origin. This I have done upon a former occasion ; and all the facts, I
. are now well understood hy the country. The President may re-
peat, as often as he pleases, that it was ' unavoidably forced upon us.'
But such a repetition can never change the fact. It is a war of his own
making, and in violation of the Constitution of the country. And so his-
tory, I doubt not, will make up the record, if truth be fairly and faithfully
-d in her chronicles." — lb.
" While the United States seemed to be animated by a sincere desire
not to break the peace, their acts of hostility manifested very evidently
what were their true intentions. Their ships infested our coasts ; their
continued advancing upon our territory, situated at places which
under no aspect could be disputed. Thus violence and insult were united :
thus, at the very time they usurped part of our territory, they offered to
hand of treachery, to have soon the audacity to say, that our obsti-
nacy and arrogance were the real cause of the war.
" As soon as the Government of the United States decided to consum-
mate its unjust projects against the American Republic, it determined to
unite a force to sustain them. A considerable division under the orders
of General Taylor, thena Brigadier General, encamped at Corpus Christi,
June, 1845, in observation of our operations, and ready to advance to the
Rio Bravo Del Norte, when ordered." — Mexican History of the War in
)l ico.
•• Willi these views and these feelings, and with this spirit, I go into
the investigation of the cause of this war, the expenditure of so much
money, the raising of so large and great a military force, and the breaking
np or tin- repose of that general peace with which we have been so sig-
nally blessed for the lasl quarter of a century. This is the inquiry upon
which 1 .-mi aliiiiit to enter; it is a grave and important inquiry, and one to
which tin' attention of the people of this country should be directed; and
I place, that the immediate cause of all these things, and the
present unlooked lor fairs, is properly chargeable upon the ad-
ministration ; for tin' advance movement of our troops, or ' army of oc-
cupation,' as it is called, from Corpus Christi, on the Nueces, to Matamoras,
on tlir Kiu Grande, into a territory, to say the least of it, well known to
betwi en Te ami Mexico; this, I say, was the immediate
ii ol hostilities ; and if our army had been permitted to remain at
Corpu I w here it had been since August last, there is no evi-
POLK ADMINISTRATION. 123
upon Mexican soil, and thus the war was com-
menced by Mr. Polk by an unconstitutional as-
sumption of power. The question raised was one
of the gravest character. The war-making power,
as was justly asserted, is vested by that instrument
in Congress, and not in the Executive. It therefore
becomes an important inquiry in these pages to
ascertain where was the boundary of Texas at the
time she was admitted into the Union.* If the
dence or reason to believe that there would have been any outbreak be-
tween our people and the Mexicans, upon the frontier. This is my first
proposition in considering the cause of this war, which I trust I shall be
able to make perfectly clear ; and then I trust I shall be able to make it
appear equally clear, that that step was unnecessary for any of the legiti-
mate purposes for which the army was sent to Texas ; also, that it was
improper, under the circumstances, as being calculated to irritate and pro-
voke hostilities ; and farther, that it was a step which the President was
not clothed with the proper power legally and rightfully to take, without
authority from Congress." — Speech of Mr. Stephens of Georgia.
* Much valuable information is contained in the letter of Hon.
Volney E. Howard at the commencement of the 1st Session of the 31st
Congress. Representing the country which borders upon the Rio Grande
in Congress, he has been enabled to group together many facts with re-
gard to the boundary of Texas. I give below an extract from it.
" The claim of Texas to the whole Rio Grande, from its mouth to its
source, and to the 42d degree of north latitude, will never be contested
by any intelligent lawyer who takes the trouble to investigate the grounds
upon which it rests. There is no greater fallacy than that of supposing
that the United States succeeded to the rights of Mexico in any portion
of the territory east of the Rio Grande. Between the Republic of Texas
and the United States, the question of boundary was settled finally and
conclusively by the Convention of 1838, which received the sanction of
the legislative departments of both Governments. The treaty with Spain
of 1819, fixed the northern boundary between Spain and the United States
at the 42d parallel of latitude. The treaty of 1828 revived that boundary
between the United States and Mexico, reciting that the treaty of 1819
was binding upon Mexico. The Convention between Texas and the
United States, of 1838, recited that the treaty with Mexico of 1828, 'is
binding upon the Republic of Texas, the same having been entered into
124 His rOE Y OF THE
Rio Grande was the western limit of tliat State, it
i< an undeniable fact that the President, as the Coni-
mander-in-Chief of the army, had a right to order
at a time when Texas formed a part of the said United Mexican States.
And whereas, it is deemed proper and expedient, in order to prevent future
I s and collisions between the United States and Texas in regard to
the boundary between the two countries as designated by the treaty, that a
portion of the same should be run and marked without unnecessary de-
lay,' &c. This Convention was ratified and carried out by the act of the
: States Congress of January 11, 1839, under which the eastern
boundary of Texas was actually run and marked by the two Governments
as far as the 34th degree of north latitude. The very act under which
this ( '(invention was negotiated upon the part of Texas, was her boun-
dary act of 18 l*i, by which her boundary is declared to be the Rio Grande
to its source ; and thence to the 42d degree of north latitude ; and thence
east and smith according to the boundary formerly existing between the
United State- and Mexico. Tins Convention was an express recognition
of the entire boundary of Texas, and made with reference to the act of
the Ti iss of 1836. Whatever might have been its effect upon
. tin- ( invention is for ever conclusive of the boundary as against
3, by an act as solemn as a treaty stipulation.
"The Texas act of boundary, together with other laws not inconsist-
ent with the constitution of the United States, the resolutions of annex-
ation, or the constitution of the State, was declared in force by the con-
stitution under which she was admitted into the Union, and therefore
ratified by the Congress of the United States.
•• Texas was admitted into the Union with specified boundaries, subject
1 the United States to settle -till questions of boundary
which may arise with other Governments' — meaning, of course, Gov-
ernment- other than the United States. This was a naked power, coupled
with no interot. which must he strictly construed. Under it the Texas
h< dary, with any foreign Government, might have been settled. But
treaty with Mexico removed the possibility of such a question
with any other Government, the power is at an end. Neither could the
1 , thu acting as the trustee of Texas to settle the boundary
with other Governments, acquire of any Government a right in opposi-
te claim of Texas. To assert such a proposition, is to afiirm
that ti, iay acquire the subject-matter of the trust, in opposition
to the beneficiary ; or that the judge or arhitrator may adjudge the subject
elf, in opposition to the parties litigant. It is evi-
• right the United States acquired under the treaty with
POLK ADMINISTRATION. 125
it to the banks of that river. If, on the contrary,
the Nueces was the boundary of Texas, the powers
of Congress were encroached upon when General
Mexico to the country east of the Rio Grande, was acquired as the trustee
of Texas, and enures to the benefit of that State.
" The United States, having neglected to settle the boundary in the
treaty with Mexico, have now no constitutional power to change or alter
the boundary of Texas, any more than that of any other sovereign State.
It was admitted in the case of Maine, that this Government, without the
consent of Maine, could not negotiate for less than the claim of Maine.
In his remarks on the resolutions of annexation, in the Senate, February
5th, 1845, Col. Benton said: 'In fact, when once admitted as a State,
she (Texas) never can be reduced without her consent. The Constitu-
tion forbids it.' Having given her consent to the alteration only in a
particular manner, it cannot be effected in any different method.
" The joint resolutions of annexation evidently intended that the whole
of New Mexico on the east bank of the Rio Grande should be embraced
within the State of Texas, because they give three guarantees applicable
to this very country : 1 . That Texas may be subdivided into five States.
2. That in any State south of 36° 30' (the Missouri compromise line),
slavery may exist at the option of the people of the same. 3. That in
any State or States to be formed north of that line, Slavery is prohibited.
Now, the Missouri compromise line divides the country formerly com-
prised in New Mexico, east of the Rio Grande, nearly centrally — Santa
Fe being situated in about latitude 35° 45' north. It is incomprehensible
that the Congress of the United States should have thus provided for the
domestic government of this very territory, as a part of Texas, if it was
in Mexico and not in Texas. By what right could the United States, in
a compact with Texas, assume to regulate the government of a depart-
ment of Mexico, and make rules for its admission as a State into the
American Union ? The resolutions of annexation, in terms, define the
boundaries of Texas to the extent of one or more States north of 36° 30'.
They assert expressly that to this extent the country rightfully belongs
to Texas, and is included within her limits. And the limit of one State,
thus given, will include the whole of New Mexico east of the Rio Grande.
There is a fourth guarantee given by the compact of annexation, as appli-
cable to this territory east of the Rio Grande. If a new State is not
formed wholly to the north of 36° 30', slavery exists in Texas to the
42d degree of north latitude. It exists at present under the constitution
with which the State was admitted into the Union. When Texas was
admitted, by her law slavery existed to her utmost extent, and no restraint
126 >I 1 8T0 BY OF Til E
Taylor was ordered to Corpus Christi, and the whig
party, who pretend to be the conservators of the
constitution, were not themselves entirely guiltless
was placed upon it by the resolutions of annexation, but the prospective
provision to operate in case a State was formed north of 36° 30'. Nay,
more ; the resolutions give another guarantee, not only to Texas, but to
sditors, as applicable to this territory, in pledging her public lands
to the payment of her public debt.
11 The boundaries of Texas, as above-mentioned, were defined in the
trcatv with Santa Anna, which was a valid treaty, because he represented
a Government not only cle facto, but de jure — the federal constitution
having been overturned, and the States reduced to departments ; all of
which, together with his authority, were ratified by the Congress of .Mex-
ico in 1835. Nor was the treaty affected by the fact that Santa Anna
was a prisoner of war at the time of its execution, because it was exe-
cuted by his generals who were not prisoners, and especially by Filisola,
upon whom, by law and special appointment, the authority of the com-
mand and the faculties of chief devolved. The treaty was valid without
the signature of Santa Anna; and Mexico having acted on it, and re-
it of its stipulations, could not, under the law of nations,
repudiate it afterwards — certainly not without returning the property and
military stores which were secured to her by the treaty.
•• Mexico herself virtually acknowledged the boundary of the treaty by
her truce of 1844, and ordered all the Mexican settlements a league be-
yond the Rio Grande to be broken up, and the inhabitants to fall back on
i Grande — treating all as traitors found beyond that line, at least
on the lower Rio Grande. The Mexican Commissioners who negotiated
. have admitted that the Rio Grande had been indicated
â– boundary for twelve years. The American Commissioner, Mr.
Trist. in his correspondence with the Mexican Government, asserted the
boundaries of Texas as claimed by herself. It is fair to presume that
- intended to provide for the treaty of 1836 with Texas, by making
DisturnelPs map of 1847 apart of the treaty, and declaring it authentic;
which map shows the whole of the country east of the Rio Grande to be
d New Me: I ined by the map. entirely situated west
of that river. Thus the New Mexico, acquired by the United States, is
tuated west of the Rio Grande by the treaty. .Mexico has
rred nothing i ast of thai river. She admitted by the map that she
nothing on that side of the Rio Grande at the time of the ratifi-
cation of the treaty,
"I tru-t thai the rights of Texas in Santa Pe will be speedily ad-
POLK ADMINISTRATION. 127
in thus tamely submitting to an assumption of their
constitutional rights. Long before the Mexicans
crossed the Kio Grande and commenced an assault
upon our forces, Mr. Polk had apprised Congress,
in the usual form, in his message of December, 1845,
that he regarded the Bio Grande as the western
boundary of Texas,* and yet no word of denial was
uttered by those who subsequently assailed his con-
duct with so much bitterness, until after a collision
had occurred between the armies of the two repub-
lics. In addition to this assertion of Mr. Polk,
made in a message of the President of the United
States to the assembled representatives of the
American people, he communicated " with the ac-
companying documents," the still more explicit lan-
guage of the Secretary of War.f Our Minister,
mitted, for nothing short of this will avoid a serious collision with her
authorities."
* " The jurisdiction of the United States, which, at the formation of
the Federal Constitution, was bounded by the St. Mary's on the Atlantic,
has passed the capes of Florida, and been peacefully extended to the
Del Norte."— Message of Mr. Polk, Dec. 1845.
f " Pursuant to your directions, an army of occupation was assem-
bled in that State, and Brigadier General Taylor assigned to the command
of it. He was instructed to repel Mexican aggressions, and to protect
the country from Indian invasions ; to regard the Del Norte as the west-
ern boundary ; to select a position for his forces with reference to this
frontier, but to leave unmolested Mexican settlements, and also military
posts, should there be any such posts on the east bank of that river which
were in the occupation of Mexican forces previously to the period when
Texas assented to the terms of annexation." Should Mexico deny our
right to possess the country up to the Del Norte to the extent justly
claimed by Texas before annexation, and the free common use of the wa-
ters of that river, it is presumed that authority will be given to enforce
it in both respects. In the event of resistance, there may be occasion to
employ an additional force, and authority should be given for raising it in
that contingency. In a more desirable state of our relations with Mexi-
128 HISTORY OF THE
Ah-. Donalson, assured all parties in Texas that our
Grovernmenl would sustain the claim of that coun-
try t<> the Rio Grande, a- her western boundary*
After all these declarations were communicated
to Congress, under the highest official responsibility,
why did not the whigpartj raise their voices against
tin-'' assumptions upon the part of the Executive ?
Weeks and months elapsed, hut still no serious at-
tempt was made to arrest what they subsequently
declared to be the usurpations of the President,
until blood had been spilt upon the banks of the
Rio Grande. And then, when war actually existed,
and our gallant soldiers were sustaining against
overwhelming numbers the honor of our nag, it
was left to Members of Congress to make use of
an after-ihxmght^ in order to assail the administra-
tion.
The basis of the accusations against Mr. Polk
were, that he had ordered the army to march upon
disputed territory. This was true, for our title to
the whole of Texas, not only to the Nueces, but to
the Sabine, was disputed by the Mexican authori-
ties. They made no distinction between the east-
ern and western part of Texas, and whenever they
spoke of re-conquering that country, it was upon
the western bank of the Sabine that the Mexican
<•>. her unsettled political condition will suggest, as a wise precaution, the
ling of that frontier by a considerable body of troops."
' •• Bat whilst from such views I encouraged no aggressive movement
"ii the part i to take forcible possession of the Rio Grande, I
have, nevertheless, omitted no opportunity of satisfying all parties here
that the I nitid States would, in good faith, maintain the claim, and that I
had • ii to believe that they would do so successfully."
POLK ADMINISTRATION. 129
banner was to be planted. If, then, the act of or-
dering our army to march upon disputed territory
was unconstitutional, the crime of which the Presi-
dent was accused, was consummated the moment
the stars and stripes were unfurled within the bor-
ders of Texas. The threatened impeachment of
the President should have been proclaimed at that
time ; and those who have proved so sensitive at
what they pronounced an usurpation of power on
the part of the President, were certainly not wholly
guiltless themselves. But admitting that Mexico
had a claim to the country between the Nueces and
Rio Grande, Mi*. Polk was not without a precedent
in ordering General Taylor to take possession of it.*
* " Among the events growing out of the state of the Spanish mo-
narchy, our attention was imperiously attracted to the change developing
itself in that portion of West Florida, which, though of right appertaining to
the United States, had remained in the possession of Spain, awaiting the
result of negotiations for its actual delivery to them.
" The Spanish authority was subverted, and a situation produced ex-
posing the country to ulterior events which might essentially affect the
rights and welfare of the Union. In such a conjuncture I did not delay
the interposition required for the occupancy of the territory west of the
river Perdido, to which the title of the United States extends, and to
which the laws provided for the territory of Orleans are applicable. With
this view the proclamation, of which a copy is laid before you, was con-
fided to the Governor of that territory to be carried into effect. The lega-
lity and necessity of the course pursued, assure me of the favorable
light in which it will present itself to the Legislature, and of the prompti-
tude with which they will supply whatever provisions may be due to the
essential rights and equitable interests of the people thus brought into the
bosom of the American family."
" From the inclosed proclamation of the President of the United
States, you will perceive his determination to take possession of the ter-
ritory therein specified, in the name and behalf of the United States."
" Considering, finally, that the acts of Congress, though contemplating
a present possession by foreign authority, have contemplated also an even-
9
130 HISTOEY OF THE
The right to take possession of disputed terri-
dates at a still earlier period of our country's
»ry, and lias the sanction of a still more com-
manding authority .* Subsequently to the treaty of
tual possession of the said territory by the United States, and are accord-
ingly so Trained as in that case to extend their operation to the same, now
be it known that I. James Madison, President of the United States of
America, in pursuance of these weighty and urgent considerations, [not,
as usual, by virtue of the authority vested in me,] have deemed it right
and requisite that possession should be taken of the said territory in the
name and in behalf of the United States." — Message of President Madi-
son, Dec. 10, 1810. [3 Foreign Relations, p. 337.]
* From every account, the enemy amounted to two thousand combat-
ants ; the troops actually engaged against them were short of nine hun-
dred. This horde of savages, with their allies, abandoned themselves to
flight, and dispersed with terror and dismay, leaving our victorious army
in lull and quiet possession of the field of battle, which terminated under
the influence of the guns of the British garrison, as you will observe by
the inclosed correspondence between Major Campbell, the commandant,
and myself upon the occasion."— Official Letter of General Wayne to the
Secretary of War, August -28th, 1794.
CORRESPONDENCE BETWEEN MAJOR-GENERAL WAYNE,
AND MAJOR WILLIAM CAMPBELL.
No. I.
" .Miamis River, August 21, 1794.
" Sir: An army of the United States of America, said to be under