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+The Project Gutenberg eBook, Peace with Mexico, by Albert Gallatin
+
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+
+
+
+Title: Peace with Mexico
+
+
+Author: Albert Gallatin
+
+
+
+Release Date: April 30, 2010  [eBook #32192]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+
+***START OF THE PROJECT GUTENBERG EBOOK PEACE WITH MEXICO***
+
+
+E-text prepared by Julia Miller, Joseph R. Hauser, and the Project
+Gutenberg Online Distributed Proofreading Team (http://www.pgdp.net) from
+page images generously made available by Internet Archive/American
+Libraries (http://www.archive.org/details/americana)
+
+
+
+Note: Images of the original pages are available through
+      Internet Archive/American Libraries. See
+      http://www.archive.org/details/peacewithmexicob00gallrich
+
+
+
+
+
+PEACE WITH MEXICO.
+
+by
+
+ALBERT GALLATIN.
+
+
+
+
+
+
+
+Bartlett & Welford:
+No. 7 Astor House, New York.
+
+
+
+
+I.--THE LAW OF NATIONS.
+
+
+It seems certain that Mexico must ultimately submit to such terms of
+peace as the United States shall dictate. An heterogeneous population of
+seven millions, with very limited resources and no credit; distracted by
+internal dissensions, and by the ambition of its chiefs, a prey by turns
+to anarchy and to military usurpers; occupying among the nations of the
+civilized world, either physically or mentally, whether in political
+education, social state, or any other respect, but an inferior position;
+cannot contend successfully with an energetic, intelligent, enlightened
+and united nation of twenty millions, possessed of unlimited resources
+and credit, and enjoying all the benefits of a regular, strong, and free
+government. All this was anticipated; but the extraordinary successes of
+the Americans have exceeded the most sanguine expectations. All the
+advanced posts of the enemy, New Mexico, California, the line of the
+lower Rio Norte, and all the sea ports, which it was deemed necessary to
+occupy, have been subdued. And a small force, apparently incompetent to
+the object, has penetrated near three hundred miles into the interior,
+and is now in quiet possession of the far-famed metropolis of the
+Mexican dominions. The superior skill and talents of our distinguished
+generals, and the unparalleled bravery of our troops, have surmounted
+all obstacles. By whomsoever commanded on either side; however strong
+the positions and fortifications of the Mexicans, and with a tremendous
+numerical superiority, there has not been a single engagement, in which
+they have not been completely defeated. The most remarkable and
+unexpected feature of that warfare is, that volunteers, wholly
+undisciplined in every sense of the word, have vied in devotedness and
+bravery with the regular forces, and have proved themselves, in every
+instance, superior in the open field to the best regular forces of
+Mexico. These forces are now annihilated or dispersed; and the Mexicans
+are reduced to a petty warfare of guerillas which, however annoying,
+cannot be productive of any important results.
+
+It is true, that these splendid successes have been purchased at a price
+far exceeding their value. It is true that, neither the glory of these
+military deeds, nor the ultimate utility of our conquests can
+compensate the lamentable loss of the many thousand valuable lives
+sacrificed in the field, of the still greater number who have met with
+an obscure death, or been disabled by disease and fatigue. It is true
+that their relatives, their parents, their wives and children find no
+consolation, for the misery inflicted upon them, in the still greater
+losses experienced by the Mexicans. But if, disregarding private
+calamities and all the evils of a general nature, the necessary
+consequences of this war, we revert solely to the relative position of
+the two countries, the impotence of the Mexicans and their total
+inability to continue the war, with any appearance of success, are still
+manifest.
+
+The question then occurs: What are the terms which the United States
+have a right to impose on Mexico? All agree that it must be an
+"honorable peace;" but the true meaning of this word must in the first
+place be ascertained.
+
+The notion, that anything can be truly honorable which is contrary to
+justice, will, as an abstract proposition, be repudiated by every
+citizen of the United States. Will any one dare to assert, that a peace
+can be honorable, which does not conform with justice?
+
+There is no difficulty in discovering the principles by which the
+relations between civilized and Christian nations should be regulated,
+and the reciprocal duties which they owe to each other. These
+principles, these duties have long since been proclaimed; and the true
+law of nations is nothing else than the conformity to the sublime
+precepts of the Gospel morality, precepts equally applicable to the
+relations between man and man, and to the intercourse between nation and
+nation. "Thou shalt love thy neighbor as thyself." "Love your enemies."
+"As you would that men should do to you, do ye also to them likewise."
+The sanctity of these commands is acknowledged, without a single
+exception, by every denomination of Christians, or of men professing to
+be such. The sceptical philosopher admits and admires the precept. To
+this holy rule we should inflexibly adhere when dictating the terms of
+peace. The United States, though they have the power, have no right to
+impose terms inconsistent with justice. It would be a shameful
+dereliction of principle, on the part of those who were averse to the
+annexation of Texas, to countenance any attempt to claim an acquisition
+of territory, or other advantage, on account of the success of our
+arms.
+
+But in judging the acts of our Government, it must be admitted that
+statesmen think a conformity to these usages which constitute the law of
+nations, not as it should be, but as it is practically, sufficient to
+justify their conduct. And by that inferior standard, those acts and our
+duties in relation to Mexico will be tested.
+
+
+
+
+II.--INDEMNITIES TO CITIZENS OF THE UNITED STATES.
+
+
+The United States had, and continue to have, an indubitable right to
+demand a full indemnity, for any wrongs inflicted on our citizens by the
+Government of Mexico, in violation of treaties or of the acknowledged
+law of nations. The negotiations for satisfying those just demands, had
+been interrupted by the annexation of Texas. When an attempt was
+subsequently made to renew them, it was therefore just and proper, that
+both subjects should be discussed at the same time: and it is now
+absolutely necessary, that those just claims should be fully provided
+for, in any treaty of peace that may be concluded, and that the payment
+should be secured against any possible contingency. I take it for
+granted that no claims have been, or shall be sustained by our
+Government, but such as are founded on treaties or the acknowledged law
+of nations.
+
+Whenever a nation becomes involved in war, the manifestoes, and every
+other public act issued for the purpose of justifying its conduct,
+always embrace every ground of complaint which can possibly be alleged.
+But admitting, that the refusal to satisfy the claims for indemnity of
+our citizens might have been a just cause of war, it is most certain,
+that those claims were not the cause of that in which we are now
+involved.
+
+It may be proper, in the first place, to observe, that the refusal of
+doing justice, in cases of this kind, or the long delays in providing
+for them, have not generally produced actual war. Almost always long
+protracted negotiations have been alone resorted to. This has been
+strikingly the case with the United States. The claims of Great Britain
+for British debts, secured by the treaty of 1783, were not settled and
+paid till the year 1803; and it was only subsequent to that year, that
+the claims of the United States, for depredations committed in 1793,
+were satisfied. The very plain question of slaves, carried away by the
+British forces in 1815, in open violation of the treaty of 1814, was not
+settled and the indemnity paid till the year 1826. The claims against
+France for depredations, committed in the years 1806 to 1813, were not
+settled and paid for till the year 1834. In all those cases, peace was
+preserved by patience and forbearance.
+
+With respect to the Mexican indemnities, the subject had been laid more
+than once before Congress, not without suggestions that strong measures
+should be resorted to. But Congress, in whom alone is vested the power
+of declaring war, uniformly declined doing it.
+
+A convention was entered into on the 11th of April, 1839, between the
+United States and Mexico, by virtue of which a joint commission was
+appointed for the examination and settlement of those claims. The powers
+of the Commissioners terminated, according to the convention, in
+February, 1842. The total amount of the American claims, presented to
+the commission, amounted to 6,291,605 dollars. Of these, 2,026,140
+dollars were allowed by the commission; a further sum of 928,628 dollars
+was allowed by the commissioners of the United States, rejected by the
+Mexican commissioners, and left undecided by the umpire, and claims
+amounting to 3,336,837 dollars had not been examined.
+
+A new convention, dated January 30, 1843, granted to the Mexicans a
+further delay for the payment of the claims which had been admitted, by
+virtue of which the interest due to the claimants was made payable on
+the 30th April, 1843, and the principal of the awards, and the interest
+accruing thereon, was stipulated to be paid in five years, in twenty
+equal instalments every three months. The claimants received the
+interest due on the 30th April, 1843, and the three first instalments.
+The agent of the United States having, under peculiar circumstances,
+given a receipt for the instalments due in April and July, 1844, before
+they had been actually paid by Mexico, the payment has been assumed by
+the United States and discharged to the claimants.
+
+A third convention was concluded at Mexico on the 20th November, 1843,
+by the Plenipotentiaries of the two Governments, by which provision was
+made for ascertaining and paying the claims, on which no final decision
+had been made. In January, 1844, this convention was ratified by the
+Senate of the United States, with two amendments, which were referred
+to the Government of Mexico, but respecting which no answer has ever
+been made. On the 12th of April, 1844, a treaty was concluded by the
+President with Texas, for the annexation of that republic to the United
+States. This treaty, though not ratified by the Senate, placed the two
+countries in a new position, and arrested for a while all negotiations.
+It was only on the 1st of March, 1845, that Congress passed a joint
+resolution for the annexation.
+
+It appears most clearly, that the United States are justly entitled to a
+full indemnity for the injuries done to their citizens; that, before the
+annexation of Texas, there was every prospect of securing that
+indemnity; and that those injuries, even if they had been a just cause
+for war, were in no shape whatever the cause of that in which we are now
+involved.
+
+Are the United States justly entitled to indemnity for any other cause?
+This question cannot be otherwise solved, than by an inquiry into the
+facts, and ascertaining by whom, and how, the war was provoked.
+
+
+
+
+III.--ANNEXATION OF TEXAS.
+
+
+At the time when the annexation of Texas took place, Texas had been
+recognized as an independent power, both by the United States and by
+several of the principal European powers; but its independence had not
+been recognized by Mexico, and the two contending parties continued to
+be at war. Under those circumstances, there is not the slightest doubt
+that the annexation of Texas was tantamount to a declaration of war
+against Mexico. Nothing can be more clear and undeniable than that,
+whenever two nations are at war, if a third Power shall enter into a
+treaty of alliance, offensive and defensive, with either of the
+belligerents, and if such treaty is not contingent, and is to take
+effect immediately and pending the war, such treaty is a declaration of
+war against the other party. The causes of the war between the two
+belligerents do not alter the fact. Supposing that the third party, the
+interfering Power, should have concluded the treaty of alliance with
+that belligerent who was clearly engaged in a most just war, the treaty
+would not be the less a declaration of war against the other
+belligerent.
+
+If Great Britain and France were at war, and the United States were to
+enter into such a treaty with either, can there be the slightest doubt
+that this would be actual war against the other party? that it would be
+considered as such, and that it must have been intended for that
+purpose? If at this moment, either France or England were to make such a
+treaty with Mexico, thereby binding themselves to defend and protect it
+with all their forces against any other Power whatever, would not the
+United States instantaneously view such a treaty as a declaration of
+war, and act accordingly?
+
+But the annexation of Texas, by the United States, was even more than a
+treaty of offensive and defensive alliance. It embraced all the
+conditions and all the duties growing out of the alliance; and it
+imposed them forever. From the moment when Texas had been annexed, the
+United States became bound to protect and defend her, so far as her
+legitimate boundaries extended, against any invasion, or attack, on the
+part of Mexico: and they have uniformly acted accordingly.
+
+There is no impartial publicist that will not acknowledge the
+indubitable truth of these positions: it appears to me impossible, that
+they should be seriously denied by a single person.
+
+It appears that Mexico was at that time disposed to acknowledge the
+independence of Texas, but on the express condition, that it should not
+be annexed to the United States; and it has been suggested, that this
+was done under the influence of some European Powers. Whether this last
+assertion be true or not, is not known to me. But the condition was
+remarkable and offensive.
+
+Under an apprehension that Texas might be tempted to accept the terms
+proposed, the Government of the United States may have deemed it
+expedient to defeat the plan, by offering that annexation, which had
+been formerly declined, when the Government of Texas was anxious for it.
+
+It may be admitted that, whether independent or annexed to the United
+States, Texas must be a slave-holding state, so long as slavery shall
+continue to exist in North America. Its whole population, with hardly
+any exception, consisted of citizens of the United States. Both for that
+reason, and on account of its geographical position, it was much more
+natural, that Texas should be a member of the United States, than of the
+Mexican Confederation. Viewed purely as a question of expediency, the
+annexation might be considered as beneficial to both parties. But
+expediency is not justice. Mexico and Texas had a perfect right to
+adjust their differences and make peace, on any terms they might deem
+proper. The anxiety to prevent this result indicated a previous
+disposition ultimately to occupy Texas: and when the annexation was
+accomplished; when it was seen, that the United States had appropriated
+to themselves all the advantages resulting from the American settlements
+in Texas, and from their subsequent insurrection; the purity of the
+motives of our Government became open to suspicion.
+
+Setting aside the justice of the proceeding, it is true that it had been
+anticipated, by those who took an active part in the annexation, that
+the weakness of Mexico would compel it to yield, or at least induce her
+not to resort to actual war. This was verified by the fact: and had
+Government remained in the hands with whom the plan originated, war
+might probably have been avoided. But when no longer in power, they
+could neither regulate the impulse they had given, nor control the
+reckless spirits they had evoked.
+
+Mexico, sensible of her weakness, declined war, and only resorted to a
+suspension of diplomatic intercourse; but a profound sense of the injury
+inflicted by the United States has ever since rankled in their minds. It
+will be found, through all their diplomatic correspondence, through all
+their manifestoes, that the Mexicans, even to this day, perpetually
+recur to this never-forgotten offensive measure. And, on the other hand,
+the subsequent administration of our Government seems to have altogether
+forgotten this primary act of injustice, and, in their negotiations, to
+have acted as if this was only an accomplished fact, and had been a
+matter of course.
+
+
+
+
+IV.--NEGOTIATIONS AND WAR.
+
+
+In September, 1845, the President of the United States directed their
+consul at Mexico to ascertain from the Mexican Government, whether it
+would receive an _Envoy_ from the United States, intrusted with full
+power to adjust all the questions in dispute between the two
+Governments.
+
+The answer of Mr. De la Pena y Pena, Minister of the Foreign Relations
+of Mexico, was, "That although the Mexican nation was deeply injured by
+the United States, through the acts committed by them in the department
+of Texas, which belongs to his nation, his Government was disposed to
+receive the _Commissioner_ of the United States who might come to the
+capital, with full powers from his Government to settle the present
+dispute in a peaceful, reasonable and honorable manner;" thus giving a
+new proof that, even in the midst of its injuries and of its firm
+decision to exact adequate reparation for them, the Government of Mexico
+does not reply with contumely to the measures of reason and peace to
+which it was invited by its adversary.
+
+The Mexican Minister at the same time intimated, that the previous
+recall of the whole Naval force of the United States, then lying in
+sight of the port of Vera Cruz, was indispensable; and this was
+accordingly done by our Government.
+
+But it is essential to observe that, whilst Mr. Black had, according to
+his instructions, inquired, whether the Mexican Government would receive
+an _Envoy_ from the United States, with full power to adjust all the
+questions in dispute between the two Governments, the Mexican Minister
+had answered, that his Government was disposed to receive the
+_Commissioner_ of the United States, who might come with full powers to
+settle the present dispute in a peaceful, reasonable and honorable
+manner.
+
+Mr. Slidell was, in November following, appointed Envoy Extraordinary
+and Minister Plenipotentiary of the United States of America near the
+Government of the Mexican Republic; and he arrived in Mexico on the
+sixth of December.
+
+Mr. Herrera, the President of Mexico, was undoubtedly disposed to settle
+the disputes between the two countries. But taking advantage of the
+irritation of the mass of the people, his political opponents were
+attempting to overset him for having made, as they said, unworthy
+concessions. The arrival of Mr. Slidell disturbed him extremely; and Mr.
+Pena y Pena declared to Mr. Black, that his appearance in the capital at
+this time might prove destructive to the Government, and thus defeat the
+whole affair. Under these circumstances General Herrera complained,
+without any foundation, that Mr. Slidell had come sooner than had been
+understood; he resorted to several frivolous objections against the
+tenor of his powers; and he intimated that the difficulties respecting
+Texas must be adjusted before any other subject of discussion should be
+taken into consideration.
+
+But the main question was, whether Mexico should receive Mr. Slidell in
+the character of Envoy Extraordinary and Minister Plenipotentiary, to
+reside in the republic. It was insisted by the Mexican Government, that
+it had only agreed to receive a commissioner, to treat on the questions
+which had arisen from the events in Texas; and that until this was done,
+the suspended diplomatic intercourse could not be restored, and a
+residing minister plenipotentiary be admitted.
+
+Why our Government should have insisted, that the intended negotiation
+should be carried on by a residing Envoy Extraordinary and Minister
+Plenipotentiary, is altogether unintelligible. The questions at issue
+might have been discussed and settled as easily, fully and
+satisfactorily, by commissioners appointed for that special purpose, as
+by residing ministers or envoys. It is well known that whenever
+diplomatic relations have been superseded by war, treaties of peace are
+always negotiated by commissioners appointed for that special purpose,
+who are personally amply protected by the law of nations, but who are
+never received as resident ministers, till after the peace has restored
+the ordinary diplomatic intercourse. Thus the treaty of peace of 1783,
+between France and England, was negotiated and concluded at Paris by
+British commissioners, whom it would have been deemed absurd to admit as
+resident envoys or ministers, before peace had been made.
+
+The only distinction which can possibly be made between the two cases
+is, that there was not as yet actual war between Mexico and the United
+States. But the annexation of Texas was no ordinary occurrence. It was a
+most clear act of unprovoked aggression; a deep and most offensive
+injury; in fact, a declaration of war, if Mexico had accepted it as
+such. In lieu of this, that country had only resorted to a suspension of
+the ordinary diplomatic relations. It would seem as if our Government
+had considered this as an act of unparalleled audacity, which Mexico
+must be compelled to retract, before any negotiations for the
+arrangement of existing difficulties could take place; as an insult to
+the Government and to the nation, which must compel it to assert its
+just rights and _to avenge its injured honor_.
+
+General Herrera was not mistaken in his anticipations. His government
+was overset in the latter end of the month of December, 1845, and fell
+into the hands of those who had denounced him for having listened to
+overtures of an arrangement of the difficulties between the two nations.
+
+When Mexico felt its inability to contend with the United States; and,
+instead of considering the annexation of Texas to be, as it really was,
+tantamount to a declaration of war, only suspended the ordinary
+diplomatic relations between the two countries, its Government, if
+directed by wise counsels, and not impeded by popular irritation, should
+at once, since it had already agreed to recognize the independence of
+Texas, have entered into a negotiation with the United States. At that
+time there would have been no intrinsic difficulty in making a final
+arrangement founded on an unconditional recognition of the independence
+of Texas, within its legitimate boundaries. Popular feeling and the
+ambition of contending military leaders, prevented that peaceable
+termination of those unfortunate dissensions.
+
+Yet, when Mexico refused to receive Mr. Slidell as an Envoy
+Extraordinary and Minister Plenipotentiary, the United States should
+have remembered, that we had been the aggressors, that we had committed
+an act acknowledged, as well by the practical law of nations, as by
+common sense and common justice, to be tantamount to a declaration of
+war; and they should have waited with patience, till the feelings
+excited by our own conduct had subsided.
+
+General Taylor had been instructed by the War Department, as early as
+May 28, 1845, to cause the forces under his command to be put into a
+position where they might most promptly and efficiently act in defence
+of Texas, in the event that it should become necessary or proper to
+employ them for that purpose. By subsequent instructions, and after the
+people of Texas had accepted the proposition of annexation, he was
+directed to select and occupy a position adapted to repel invasion, as
+near the boundary line, the Rio Grande, as prudence would dictate; and
+that, with this view, a part of his forces at least should be west of
+the river Nueces. It was certainly the duty of the President to protect
+Texas against invasion, from the moment it had been annexed to the
+United States; and as that republic was in actual possession of Corpus
+Christi, which was the position selected by General Taylor, there was
+nothing, in the position he had taken, indicative of any danger of
+actual hostilities.
+
+But our Government seems to have considered the refusal, on the part of
+Mexico, to receive Mr. Slidell as a resident Envoy of the United States,
+as necessarily leading to war. The Secretary of State, in his letter to
+Mr. Slidell of January 28, 1846, says:--"Should the Mexican Government
+finally refuse to receive you, the cup of forbearance will then have
+been exhausted. Nothing can remain but to take the redress of the
+injuries to our citizens, and the insults to our Government, into our
+own hands." And again, "Should the Mexican Government finally refuse to
+receive you, then demand passports from the proper authority, and return
+to the United States. It will then become the duty of the President to
+submit the whole case to Congress, and call upon the nation to assert
+its just rights, and avenge its injured honor."
+
+With the same object in view, the Secretary of War did, by his letter
+dated January 13, 1846, instruct General Taylor "to advance and occupy,
+with the troops under his command, positions on or near the east bank of
+the Rio del Norte.... It is presumed Point Isabel will be considered by
+you an eligible position. This point, or some one near it, and points
+opposite Matamoras and Mier, and in the vicinity of Laredo, are
+suggested for your consideration.... Should you attempt to exercise the
+right, which the United States have in common with Mexico, to the free
+navigation of this river, it is probable that Mexico would interpose
+resistance. You will not attempt to enforce this right without further
+instructions.... It is not designed, in our present relations with
+Mexico, that you should treat her as an enemy; but, should she assume
+that character by a declaration of war, or any open act of hostility
+towards us, you will not act merely on the defensive if your relative
+means enable you to do otherwise."
+
+The administration was therefore of opinion, that this military
+occupation of the territory in question was not an act of hostility,
+towards Mexico, or treating her as an enemy. Now, I do aver, without
+fear of contradiction, that whenever a territory claimed by two powers
+is, and has been for a length of time in the possession of one of them,
+if the other should invade and take possession of it by a military
+force, such an act is an open act of hostility according to the
+acknowledged and practical law of nations. In this case the law of
+nations only recognizes a clear and positive fact.
+
+The sequel is well known. General Taylor, with his troops, left Corpus
+Christi, March 8th to 11th, 1846, and entered the desert which
+separates that place from the vicinity of the del Norte. On the 21st he
+was encamped three miles south of the Arroyo, or Little Colorado, having
+by the route he took marched 135 miles, and being nearly north of
+Matamoras about thirty miles distant. He had on the 19th met a party of
+irregular Mexican cavalry, who informed him that they had peremptory
+orders, if he passed the river, to fire upon his troops, and that it
+would be considered a declaration of war. The river was however crossed
+without a single shot having been fired. In a proclamation issued on the
+12th, General Mejia, who commanded the forces of the Department of
+Tamaulipas, asserts, that the limits of Texas are certain and
+recognized, and never had extended beyond the river Nueces, that the
+cabinet of the United States coveted the regions on the left bank of the
+Rio Bravo, and that the American army was now advancing to take
+possession of a large part of Tamaulipas. On the 24th March General
+Taylor reached a point on the route from Matamoras to Point Isabel,
+eighteen miles from the former, and ten from the latter place, where a
+deputation sent him a formal Protest of the Prefect of the Northern
+District of the Department of Tamaulipas, declaring, in behalf of the
+citizens of the district, that they never will consent to separate
+themselves from the Mexican Republic, and to unite themselves with the
+United States. On the 12th of April, the Mexican General, Ampudia,
+required General Taylor to break up his camp within twenty-four hours,
+and to retire to the other bank of the Nueces river, and notified him
+that, if he insisted in remaining upon the soil of the Department of
+Tamaulipas, it would clearly result that arms alone must decide the
+question; in which case, he declared that the Mexicans would accept the
+war to which they had been provoked. On the 24th of April, General
+Arista arrived in Matamoras, and on the same day, informed General
+Taylor, that he considered hostilities commenced, and would prosecute
+them. On the same day, a party of sixty-three American dragoons, who had
+been sent some distance up the left bank of the river, became engaged
+with a very large force of the enemy, and after a short affair, in which
+about sixteen were killed or wounded, were surrounded and compelled to
+surrender. These facts were laid before Congress by the President in his
+message of the 11th of May.
+
+
+
+
+V.--THE CLAIM OF TEXAS TO THE RIO DEL NORTE, AS ITS BOUNDARY, EXAMINED.
+
+
+From what precedes it appears, that the Government of the United States
+considered the refusal of Mexico to receive a resident Envoy, or
+minister as a sufficient cause for war; and the Rio del Norte as the
+legitimate boundary of Texas. The first opinion is now of no importance;
+but the question of boundary, which was the immediate cause of
+hostilities, has to this day been the greatest impediment to the
+restoration of peace. I feel satisfied, that if this was settled, there
+would be no insuperable difficulty in arranging other pretensions.
+
+The United States claim no other portion of the Mexican dominions,
+unless it be by right of conquest. The tract of country between the Rio
+Nueces and the del Norte, is the only one, which has been claimed by
+both parties, as respectively belonging either to Texas or to Mexico. As
+regards every other part of the Mexican possessions, the United States
+never had claimed any portion of it. The iniquity of acquiring any
+portion of it, otherwise than by fair compact freely consented to by
+Mexico, is self-evident. It is, in every respect, most important to
+examine the grounds on which the claim of the United States to the only
+territory claimed by both nations is founded. It is the main question at
+issue.
+
+The Republic of Texas did, by an act of December 1836, declare the Rio
+del Norte to be its boundary. It will not be seriously contended, that a
+nation has a right, by a law of its own, to determine what is or shall
+be the boundary between it and another country. The act was nothing more
+than the expression of the wishes or pretensions of the Government. Its
+only practical effect was that, emanating from its Congress or
+legislative body, it made it imperative on the Executive, not to
+conclude any peace with Mexico, unless that boundary was agreed to. As
+regards right, the act of Texas is a perfect nullity. We want the
+arguments and documents by which the claim is sustained.
+
+On a first view the pretension is truly startling. There is no
+exception: the Rio Norte from its source to its mouth is declared to be
+the rightful boundary of Texas. That river has its source within the
+department, province, or state of New Mexico, which it traverses through
+its whole length from north to south, dividing it into two unequal
+parts. The largest and most populous, including Santa Fe, the capital,
+lies on the left bank of the river, and is therefore embraced within the
+claim of Texas. Now this province of New Mexico was first visited and
+occupied by the Spaniards under Vasquez Coronado, in the years 1540 to
+1542. It was at that time voluntarily evacuated, subsequently
+re-visited, and some settlements made about the year 1583: finally
+conquered in 1595 by the Spaniards, under the command of Onate. An
+insurrection of the Indians drove away the Spaniards in the year 1680.
+They re-entered it the ensuing year, and after a long resistance
+re-conquered it. This was an internal conflict with the Aborigines; but
+as related to foreign powers, the sovereignty of the Spaniards over the
+territory was never called in question; and it was, in express terms,
+made the western boundary of Louisiana in the Royal Charter of the
+French Government.
+
+The conquest of the province by Onate, took place five-and-twenty years
+prior to the landing of the Pilgrims in New England, and twelve years
+before any permanent settlement had been made in North America, on the
+shores of the Atlantic, by either England, France, Holland, Sweden, or
+any other power, but that in Florida by Spain herself.
+
+I have in vain sought for any document, emanating from the Republic or
+State of Texas, for the purpose of sustaining its claim either to New
+Mexico or to the country bordering on the lower portion of the del
+Norte. The only official papers within my reach, in which the claim of
+Texas is sustained, are the President's messages of May 11 and Dec. 3rd,
+1846; and these refer only to the country bordering on the lower part of
+the del Norte. The portion of the message of May 11th, 1846, relating to
+that subject, is as follows: "Meantime Texas, by the final action of our
+Congress, had become an integral part of our Union. The Congress of
+Texas, by its act of December 19, 1836, had declared the Rio del Norte
+to be the boundary of that republic. Its jurisdiction had been extended
+and exercised beyond the Nueces. The country between that river and the
+del Norte had been represented in the Congress and in the Convention of
+Texas; had thus taken part in the act of annexation itself; and is now
+included within one of our congressional districts. Our own Congress
+had, moreover, with great unanimity, by the act approved December 31,
+1845, recognized the country beyond the Nueces as a part of our
+territory, by including it within our own revenue system; and a revenue
+officer, to reside within that district, has been appointed, by and with
+the advice and consent of the Senate. It became, therefore, of urgent
+necessity to provide for the defence of that portion of our country.
+Accordingly, on the 13th of January last, instructions were issued to
+the general in command of these troops to occupy the left bank of the
+del Norte....
+
+The movement of the troops to the del Norte was made by the commanding
+general, under positive instructions to abstain from all aggressive acts
+towards Mexico or Mexican citizens, and to regard the relations between
+that Republic and the United States as peaceful, unless she should
+declare war, or commit acts of hostility indicative of a state of war.
+He was specially directed to protect private property, and respect
+personal rights."
+
+In his annual message of December 8, 1846, the President states that
+Texas, as ceded to the United States by France in 1803, has been always
+claimed as extending west to the Rio Grande; that this fact is
+established by declarations of our Government during Mr. Jefferson's and
+Mr. Monroe's administrations; and that the Texas which was ceded to
+Spain by the Florida treaty of 1819, embraced all the country now
+claimed by the State of Texas between the Nueces and the Rio Grande.
+
+He then repeats the Acts of Texas with reference to their boundaries;
+stating that "during a period of more than nine years, which intervened
+between the adoption of her constitution and her annexation as one of
+the States of our Union, Texas asserted and exercised many acts of
+sovereignty and jurisdiction over the territory and inhabitants west of
+the Nueces; such as organizing and defining limits of counties extending
+to the Rio Grande; establishing courts of justice, and extending her
+judicial system over the territory; establishing also a custom-house,
+post-offices, a land-office, &c."
+
+The President designates by the name of _Texas_, the cession of
+Louisiana by France to the United States; and he again calls the
+territory ceded to Spain by the Florida treaty of 1819, _the Texas_. He
+intimates that the claim of the United States to the territory between
+the Sabine and the Rio Norte, was derived from the boundaries of Texas,
+and that by claiming as far west as this river, the United States did
+recognize that it was the boundary of _the Texas_. I really do not
+understand what is meant by this assertion.
+
+The United States claimed the Rio Norte as being the legitimate boundary
+of _Louisiana_, and not of Texas. Neither they nor France had ever been
+in possession of the country beyond the Sabine. Spain had always held
+possession, and had divided the territory into provinces as she pleased.
+One of these was called Texas, and its boundaries had been designated
+and altered at her will. With these the United States had no concern. If
+their claim could be sustained, it must be by proving that Louisiana
+extended of right thus far. This had no connection with the boundaries
+which Spain might have assigned to her province of Texas. These might
+have extended beyond the Rio del Norte, or have been east of the Rio
+Nueces. There is not the slightest connection between the legitimate
+boundaries of Louisiana, and those of the Spanish province of Texas. The
+presumed identity is a mere supposition.
+
+It is not necessary to discuss the soundness of the pretensions to the
+Rio Norte, asserted by Mr. Jefferson and Mr. Monroe, since they were
+yielded in exchange of Florida and some other objects by the treaty of
+1819; a treaty extremely popular at the time, and the execution of which
+was pressed with great zeal and perseverance.
+
+Whenever ultimately ceded to Mexico, that republic fixed its boundaries
+as it thought proper. Texas and Cohahuila were declared to form a state;
+and the Rio Nueces was, made the boundary of Texas. When Texas declared
+itself independent, it was the insurrection of only part of a state; for
+Cohahuila remained united to Mexico. But the Rio Nueces was the boundary
+between the department of Texas and the state of Tamaulipas. The whole
+contested territory lies within the limits of Tamaulipas, which never
+was, under the Mexican Government, connected in any shape with Texas.
+
+The question now under consideration is only that between the United
+States and Mexico; and in that view of the subject, it is quite
+immaterial whether the acts of the United States emanated from Congress,
+or from the Executive. No act of either, recognizing the country beyond
+the Nueces, as a part of the territory of the United States, can be
+alleged against Mexico, as a proof of their right to the country thus
+claimed. Any such act is only an assertion, a declaration, but not an
+argument sustaining the right. It is, however, proper to observe here,
+that the port of delivery west of the Nueces, erected by the act of
+Congress "To establish a collection district in the state of Texas," was
+at Corpus Christi, a place which was in the actual possession of that
+state.
+
+It must also be premised that, in the joint resolution for the
+annexation of Texas, the question of the boundary between it and Mexico
+was expressly reserved, as one which should be settled by treaty between
+the United States and Mexico.
+
+The only arguments in the President's message, which sustain the right
+of Texas to territory beyond the Nueces, are contained in those
+passages, in which it is asserted, that the jurisdiction of Texas had
+been extended and exercised beyond the Nueces: that the country between
+that river and the del Norte had been represented in the Congress and
+Convention of Texas, had taken part in the annexation itself, and was
+now included within one of our congressional districts.
+
+But it is not stated in the President's message, how far beyond the
+Nueces, the jurisdiction of Texas had been extended, nor what part of
+the country between that river and the del Norte had been represented in
+the Congress and convention of Texas, and was then included within one
+of our congressional districts.
+
+Now the actual jurisdiction beyond the Nueces never extended farther
+than the adjacent settlement of San Patricio, consisting of about twenty
+families. That small district, though beyond the Nueces, was contiguous
+to, and in the actual possession of Texas. On this account it might be
+rightfully included within the limits, which we were bound to protect
+against Mexican invasion.
+
+But what was the country between this small settlement of San Patricio,
+or between Corpus Christi and the Rio del Norte, over which it might be
+supposed from the message, that the jurisdiction of Texas had been
+extended; so as to be included within one of our congressional
+districts? Here again, Texas had erected that small settlement into a
+county called San Patricio, and declared that this county extended to
+the Rio del Norte. This, like all other declaratory acts of the same
+kind, was only an assertion not affecting the question of right. The
+State of Texas might, with equal propriety, have declared that their
+boundary extended to the Sierra Madre or to the Pacific. The true
+question of right to any territory beyond the Mexican limits of the
+Department of Texas depends on the facts: By whom was the territory in
+question actually inhabited and occupied? and had the inhabitants united
+with Texas in the insurrection against Mexico?
+
+The whole country beyond the settlement of San Patricio and Corpus
+Christi, till within a few miles of the del Norte, is a perfect desert,
+one hundred and sixty miles wide by the route pursued by General Taylor,
+as stated by himself, and near one hundred and twenty miles in a
+straight line.
+
+The only settled part of it is along the left bank of the del Norte, and
+but a few miles in breadth. This belt was settled, inhabited, and
+occupied exclusively by Mexicans. It included the town of Loredo; and
+Mexico had a custom-house at Brazos, north of the mouth of the river.
+Till occupied by the American arms it had ever been, and was at the time
+when invaded by General Taylor, a part of the Department of Tamaulipas,
+and subject to the jurisdiction of the Prefect of the Northern District
+of that department.
+
+In the course of the war between Mexico and Texas, incursions had been
+occasionally made by each party into the territories of the other. A
+Mexican officer had, once or twice, obtained temporary occupation of San
+Antonio, within the limits of Texas; and the Texans had on one occasion
+taken Loredo itself, and more than once had carried their arms, not only
+to the left bank of the del Norte, but even beyond that river. In both
+cases the aggressive parties had been repulsed and expelled. The last
+Texan expedition of that kind took place in December, 1842, and
+terminated in their defeat at Mier.
+
+That the country, adjacent to the left bank of the river, was
+exclusively in the possession of the Mexicans, was well known to our
+Government.
+
+When General Taylor marched to the del Norte, he issued an order (No.
+30), translated into the Spanish, ordering all under his command, to
+observe with the most scrupulous respect the rights of all the
+inhabitants, who might be found in peaceful prosecution of their
+respective occupations, as well on the left as on the right side of the
+Rio Grande. No interference, he adds, will be allowed with the civil
+rights or religious privileges of the inhabitants.
+
+In June, 1845, General Taylor had been directed to select and occupy, on
+or near the Rio Grande del Norte, such a site as would be best adapted
+to repel invasion and to protect our Western border. But on the 8th of
+July following, the Secretary of War (Mr. Marcy) addressed the following
+letter to him.
+
+"This Department is informed that Mexico has some military
+establishments on the East side of the Rio Grande, which are, and for
+some time have been, in the actual occupancy of her troops. In carrying
+out the instructions heretofore received, you will be careful to avoid
+any acts of aggression, unless an actual state of war should exist. The
+Mexican forces at the posts in their possession, and which have been so,
+will not be disturbed as long as the relations of peace between the
+United States and Mexico continue."
+
+On the 30th July, 1845, the Secretary again addresses Gen. Taylor as
+follows: "You are expected to occupy, protect and defend the territory
+of Texas, to the extent that it has been occupied by the people of
+Texas. The Rio Grande is claimed to be the boundary between the two
+countries, and up to this boundary you are to extend your protection,
+only _excepting_ any posts on the Eastern side thereof, which are in the
+actual occupancy of Mexican forces, or _Mexican settlements_, over which
+the Republic of Texas did not exercise jurisdiction at the period of
+annexation, or shortly before that event. It is expected, in selecting
+the establishment for your troops, you will approach as near the
+boundary line, the Rio Grande, as prudence will dictate. With this view,
+the President desires that your position, for a part of your forces at
+least, should be west of the River Nueces."
+
+The Mexican settlements, thus excepted, are not those over which Texas
+did not claim jurisdiction, but those on the East bank of the Rio
+Grande, over which Texas did not _exercise_ jurisdiction at the period
+mentioned. The President had no authority to give up the boundary
+claimed by Texas; but it is clear that at the time, when war was not
+contemplated, the Administration was of opinion that, till the question
+was definitively settled, the occupancy by the Mexicans of the territory
+adjacent the left bank of the del Norte ought not to be disturbed.
+Neither the subsequent refusal by Mexico to receive a residing Envoy,
+nor the successes of the American arms have affected the question of
+right. The claim of Texas, whether to New Mexico, or to the lower
+portion of the Rio Norte, was identically the same, as invalid and
+groundless in one case as in the other. Why a distinction has been made
+by the Executive has not been stated. The fact is that he has
+established a temporary government for New Mexico, as a country
+conquered, and without any regard to the claim of Texas; whilst, on the
+other hand, he has permitted that State to extend its jurisdiction over
+the country lying on the left bank of the del Norte, which, like New
+Mexico, had been conquered by the arms of the United States. Not a
+shadow of proof has been adduced to sustain the pretensions of Texas to
+that district; and justice imperiously requires that it should by the
+treaty of peace be restored to Mexico.
+
+It so happens that the boundary, which may be traced in conformity with
+this principle, is a natural one, and that, as a measure of expediency,
+none more eligible could have been devised. A desert of one hundred and
+twenty miles separates the most Southwesterly Texan settlements of
+Corpus Christi and San Patricio, from those of the Mexicans, on the left
+bank of the del Norte, than which no boundary could be devised, better
+calculated to prevent collisions hereafter between the two nations. It
+will be sufficient, for that purpose, to draw a nominal line through the
+desert, leaving all the waters that empty into the Rio Norte to Mexico,
+and all those that empty into the Rio Nueces to Texas, together with
+such other provisions, respecting fortifications and military posts, as
+may be necessary for the preservation of peace.
+
+The line of the Rio Norte is one, from which Mexico would be perpetually
+threatened, and from which their adjacent town on the eastern bank may
+be bombarded. Such an intolerable nuisance would perpetuate most hostile
+feelings. With such a narrow river as the Rio del Norte, and with a
+joint right of navigation, repeated collisions would be unavoidable.
+
+Among these, when there was nothing but a fordable river to cross,
+slaves would perpetually escape from Texas: and where would be the
+remedy? Are the United States prepared to impose by a treaty on Mexico,
+where slavery is unknown, the obligation to surrender fugitive slaves?
+
+Mexico is greatly the weaker power, and requires a boundary, which will
+give her as much security as is practicable. It is not required, either
+for the preservation of peace, or for any other legitimate purpose, that
+the United States should occupy a threatening position. It cannot be
+rationally supposed, that Mexico will ever make an aggressive war
+against them; and even in such case, the desert would protect them
+against an invasion. If a war should ever again take place between the
+two countries, the overwhelming superiority of the Navy of the United
+States will enable them to carry on their operations wherever they
+please. They would, within a month, re-occupy the left bank of the Rio
+Norte, and within a short time, effect a landing and carry the war to
+any quarter they pleased.
+
+Must the war be still prosecuted for an object of no intrinsic value, to
+which the United States have no legitimate right, which justice requires
+them to yield, and which even expediency does not require?
+
+
+
+
+VI.--RECAPITULATION.
+
+
+It is an indisputable fact, that the annexation of Texas, then at war
+with Mexico, was tantamount to a declaration of war, and that the
+comparative weakness of Mexico alone prevented its Government from
+considering it as such.
+
+Under these circumstances, it was evidently the duty of the United
+States to use every means to soothe and conciliate the Mexicans, and to
+wait with patience for an unconditional recognition of the independence
+of Texas, till the feelings excited by our aggression had subsided.
+
+It has been shown that after Mexico had resorted, as a substitute for
+war, to the harmless suspension of the ordinary diplomatic intercourse,
+the attempt to make it retract that measure, before any negotiations for
+the restoration of harmony between the two countries should be entered
+into, was neither countenanced by the acknowledged law of nations, nor
+necessary for any useful purpose, nor consistent with a proper and just
+sense of the relative position in which the aggressive measure of the
+United States had placed the two countries. But that the refusal of
+Mexico to submit to that additional contumely, should have been
+considered as an insult to the United States, betrays the pride of
+power, rather than a just sense of what is due to the true dignity and
+honor of this nation.
+
+It has been demonstrated, that the republic of Texas had not a shadow of
+right to the territory adjacent to the left bank of the lower portion of
+the Rio Norte; that though she claimed, she never had actually exercised
+jurisdiction over any portion of it; that the Mexicans were the sole
+inhabitants; and in actual possession of that district; that therefore
+its forcible occupation by the army of the United States was, according
+to the acknowledged law of nations, as well as in fact, an act of open
+hostility and war: that the resistance of the Mexicans to that invasion
+was legitimate; and that therefore the war was unprovoked by them, and
+commenced by the United States.
+
+If any doubt should remain of the correctness of these statements, let
+them be tested by the divine and undeniable precept, "Do unto others as
+you would be done by."
+
+If at this moment France was to contract a treaty of defensive and
+offensive alliance with Mexico, a treaty taking effect immediately, and
+pending the war between the United States and Mexico, and binding
+herself to defend it with all her forces against any and every other
+Power, would not the United States at once consider such a treaty as a
+declaration of war against them?
+
+If, in lieu of declaring war against Great Britain, in the year 1812,
+the United States had only suspended the ordinary diplomatic relations
+between the two countries; and Great Britain had declared that she would
+not enter into any negotiation for the settlement of all the subjects of
+difference between the two countries, unless the United States should,
+as a preliminary condition, restore those relations; would not this have
+been considered as a most insolent demand, and to which the United
+States never would submit?
+
+If the United States were, and had been for more than a century, in
+possession of a tract of country, exclusively inhabited and governed by
+them, disturbed only by the occasional forays of an enemy; would they
+not consider the forcible military invasion and occupation of such a
+district by a third Power, as open and unprovoked war, commenced against
+them? And could their resistance to the invasion render them liable to
+the imputation of having themselves commenced the war?
+
+Yet it would seem as if the splendid and almost romantic successes of
+the American arms had, for a while, made the people of the United States
+deaf to any other consideration than an enthusiastic and exclusive love
+of military glory; as if, forgetting the origin of the war, and with an
+entire disregard for the dictates of justice, they thought that those
+successes gave the nation a right to dismember Mexico, and to
+appropriate to themselves that which did not belong to them.
+
+But I do not despair, for I have faith in our institutions and in the
+people; and I will now ask them whether this was their mission? and
+whether they were placed by Providence on this continent for the purpose
+of cultivating false glory, and of sinking to the level of those vulgar
+conquerors who have at all times desolated the earth.
+
+
+
+
+VII.--THE MISSION OF THE UNITED STATES.
+
+
+The people of the United States have been placed by Providence in a
+position never before enjoyed by any other nation. They are possessed of
+a most extensive territory, with a very fertile soil, a variety of
+climates and productions, and a capacity of sustaining a population
+greater, in proportion to its extent, than any other territory of the
+same size on the face of the globe.
+
+By a concourse of various circumstances, they found themselves, at the
+epoch of their independence, in the full enjoyment of religious, civil,
+and political liberty, entirely free from any hereditary monopoly of
+wealth or power. The people at large were in full and quiet possession
+of all those natural rights, for which the people of other countries
+have for a long time contended, and still do contend. They were, and you
+still are the supreme sovereigns, acknowledged as such by all. For the
+proper exercise of these uncontrolled powers and privileges, you are
+responsible to posterity, to the world at large, and to the Almighty
+Being who has poured on you such unparalleled blessings.
+
+Your mission is, to improve the state of the world, to be the "Model
+Republic," to show that men are capable of governing themselves, and
+that this simple and natural form of government is that also which
+confers most happiness on all, is productive of the greatest development
+of the intellectual faculties, above all, that which is attended with
+the highest standard of private and political virtue and morality.
+
+Your forefathers, the founders of the Republic, imbued with a deep
+feeling of their rights and duties, did not deviate from those
+principles. The sound sense, the wisdom, the probity, the respect for
+public faith, with which the internal concerns of the nation were
+managed, made our institutions an object of general admiration. Here,
+for the first time, was the experiment attempted with any prospect of
+success, and on a large scale, of a Representative Democratic Republic.
+If it failed, the last hope of the friends of mankind was lost or
+indefinitely postponed; and the eyes of the world were turned towards
+you. Whenever real, or pretended apprehensions of the imminent danger of
+trusting the people at large with power, were expressed, the answer ever
+was, "Look at America!"
+
+In their external relations the United States, before this unfortunate
+war, had, whilst sustaining their just rights, ever acted in strict
+conformity with the dictates of justice, and displayed the utmost
+moderation. They never had voluntarily injured any other nation. Every
+acquisition of territory from Foreign Powers was honestly made, the
+result of Treaties, not imposed, but freely assented to by the other
+party. The preservation of peace was ever a primary object. The recourse
+to arms was always in self defence. On its expediency there may have
+been a difference of opinion; that, in the only two instances of
+conflict with civilized nations which occurred during a period of sixty
+three years, (1783 to 1846), the just rights of the United States had
+been invaded by a long continued series of aggressions, is undeniable.
+In the first instance, war was not declared; and there were only partial
+hostilities between France and England. The Congress of the United
+States, the only legitimate organ of the nation for that purpose, did,
+in 1812, declare war against Great Britain. Independent of depredations
+on our commerce, she had, for twenty years, carried on an actual war
+against the United States. I say, actual war, since there is now but one
+opinion on that subject; a renewal of the impressment of men sailing
+under the protection of our flag would be tantamount to a declaration of
+war. The partial opposition to the war of 1812, did not rest on a denial
+of the aggressions of England and of the justice of our cause, but on
+the fact that, with the exception of impressments, similar infractions
+of our just rights had been committed by France, and on the most
+erroneous belief, that the administration was partial to that country,
+and insincere in their apparent efforts to restore peace.
+
+At present, all these principles would seem to have been abandoned. The
+most just, a purely defensive war, and no other is justifiable, is
+necessarily attended with a train of great and unavoidable evils. What
+shall we say of one, iniquitous in its origin, and provoked by
+ourselves, of a war of aggression, which is now publicly avowed to be
+one of intended conquest.
+
+If persisted in, its necessary consequences will be, a permanent
+increase of our military establishment and of executive patronage: its
+general tendency, to make man hate man, to awaken his worst passions, to
+accustom him to the taste of blood. It has already demoralized no
+inconsiderable portion of the nation.
+
+The general peace, which has been preserved between the great European
+powers during the last thirty years, may not be ascribed to the purest
+motives. Be these what they may, this long and unusual repose has been
+most beneficial to the cause of humanity. Nothing can be more injurious
+to it, more lamentable, more scandalous, than the war between two
+adjacent republics of North America.
+
+Your mission was, to be a model for all other governments and for all
+other less favored nations, to adhere to the most elevated principles of
+political morality, to apply all your faculties to the gradual
+improvement of your own institutions and social state, and, by your
+example, to exert a moral influence most beneficial to mankind at large.
+Instead of this, an appeal has been made to your worst passions; to
+cupidity, to the thirst of unjust aggrandizement by brutal force; to the
+love of military fame and of false glory; and it has even been tried to
+pervert the noblest feelings of your nature. The attempt is made to make
+you abandon the lofty position which your fathers occupied, to
+substitute for it the political morality and heathen patriotism of the
+heroes and statesmen of antiquity.
+
+       *       *       *       *       *
+
+I have said, that it was attempted to pervert even your virtues.
+Devotedness to country, or patriotism, is a most essential virtue, since
+the national existence of any society depends upon it. Unfortunately,
+our most virtuous dispositions are perverted, not only by our vices and
+selfishness, but also by their own excess. Even the most holy of our
+attributes, the religious feeling, may be perverted from that cause, as
+was but too lamentably exhibited in the persecutions, even unto death,
+of those who were deemed heretics. It is not, therefore, astonishing,
+that patriotism, carried to excess, should also be perverted. In the
+entire devotedness to their country, the people, everywhere and at all
+times, have been too apt to forget the duties imposed upon them by
+justice towards other nations. It is against this natural propensity
+that you should be specially on your guard. The blame does not attach to
+those who, led by their patriotic feelings, though erroneous, flock
+around the national standard. On the contrary, no men are more worthy of
+admiration, better entitled to the thanks of their country, than those
+who, after war has once taken place, actuated only by the purest
+motives, daily and with the utmost self-devotedness, brave death and
+stake their own lives in the conflict against the actual enemy. I must
+confess, that I do not extend the same charity to those civilians, who
+coolly and deliberately plunge the country into any unjust or
+unnecessary war.
+
+We should have but one conscience; and most happy would it be for
+mankind, were statesmen and politicians only as honest, in their
+management of the internal or external national concerns, as they are in
+private life. The irreproachable private character of the President, and
+of all the members of his administration, is known and respected. There
+is not one of them who would not spurn with indignation the most remote
+hint that, on similar pretences to those alleged for dismembering
+Mexico, he might be capable of an attempt to appropriate to himself his
+neighbor's farm.
+
+In the total absence of any argument that can justify the war in which
+we are now involved, resort has been had to a most extraordinary
+assertion. It is said, that the people of the United States have an
+hereditary, superiority of race over the Mexicans, which gives them the
+right to subjugate and keep in bondage the inferior nation. This, it is
+also alleged, will be the means of enlightening the degraded Mexicans,
+of improving their social state, and of ultimately increasing the
+happiness of the masses.
+
+Is it compatible with the principle of Democracy, which rejects every
+hereditary claim of individuals, to admit an hereditary superiority of
+races? You very properly deny, that the son can, independent of his own
+merit, derive any right or privilege whatever, from the merit or any
+other social superiority of his father. Can you for a moment suppose,
+that a very doubtful descent from men, who lived one thousand years ago,
+has transmitted to you a superiority over your fellow-men? But the
+Anglo-Saxons were inferior to the Goths, from whom the Spaniards claim
+to be descended; and they were in no respect superior to the Franks and
+to the Burgundians. It is not to their Anglo-Saxon descent, but to a
+variety of causes, among which the subsequent mixture of Frenchified
+Normans, Angevins and Gascons must not be forgotten, that the English
+are indebted for their superior institutions. In the progressive
+improvement of mankind, much more has been due to religious and
+political institutions, than to races. Whenever the European nations,
+which, from their language, are presumed to belong to the Latin or the
+Sclavonian race, shall have conquered institutions similar to those of
+England, there will be no trace left of the pretended superiority of one
+of those races above the other. At this time, the claim is but a pretext
+for covering and justifying unjust usurpation and unbounded ambition.
+
+But admitting, with respect to Mexico, the superiority of race, this
+confers no superiority of rights. Among ourselves, the most ignorant,
+the most inferior, either in physical or mental faculties, is recognized
+as having equal rights, and he has an equal vote with any one, however
+superior to him in all those respects. This is founded on the immutable
+principle that no one man is born with the right of governing another
+man. He may, indeed, acquire a moral influence over others, and no other
+is legitimate. The same principle will apply to nations. However
+superior the Anglo-American race may be to that of Mexico, this gives
+the Americans no right to infringe upon the rights of the inferior race.
+The people of the United States may rightfully, and will, if they use
+the proper means, exercise a most beneficial moral influence over the
+Mexicans, and other less enlightened nations of America. Beyond this
+they have no right to go.
+
+The allegation that the subjugation of Mexico would be the means of
+enlightening the Mexicans, of improving their social state, and of
+increasing their happiness, is but the shallow attempt to disguise
+unbounded cupidity and ambition. Truth never was or can be propagated by
+fire, and sword, or by any other than purely moral means. By these, and
+by these alone, the Christian religion was propagated, and enabled, in
+less than three hundred years, to conquer idolatry. During the whole of
+that period, Christianity was tainted by no other blood than that of its
+martyrs.
+
+The duties of the people of the United States towards other nations are
+obvious. Never losing sight of the divine precept, "Do to others as you
+would be done by," they have only to consult their own conscience. For
+our benevolent Creator has implanted in the hearts of men the moral
+sense of right and wrong, and that sympathy for other men, the
+evidences of which are of daily occurrence.
+
+It seems unnecessary to add anything respecting that false glory which,
+from habit and the general tenor of our early education, we are taught
+to admire. The task has already been repeatedly performed, in a far more
+able and impressive manner, than anything I could say on the subject. It
+is sufficient to say that, at this time, neither the dignity or honor of
+the nation demand a further sacrifice of invaluable lives, or even of
+money. The very reverse is the case. The true honor and dignity of the
+nation are inseparable from justice. Pride and vanity alone demand the
+sacrifice. Though so dearly purchased, the astonishing successes of the
+American arms have at least put it in the power of the United States to
+grant any terms of peace, without incurring the imputation of being
+actuated by any but the most elevated motives. It would seem that the
+most proud and vain must be satiated with glory, and that the most
+reckless and bellicose should be sufficiently glutted with human gore.
+
+A more truly glorious termination of the war, a more splendid spectacle,
+an example more highly useful to mankind at large, cannot well be
+conceived, than that of the victorious forces of the United States
+voluntarily abandoning all their conquests, without requiring anything
+else than that which was strictly due to our citizens.
+
+
+
+
+VIII.--TERMS OF PEACE.
+
+
+I have said that the unfounded claim of Texas to the territory between
+the Nueces and the Rio Norte, was the greatest impediment to peace. Of
+this there can be no doubt. For if, relinquishing the spirit of military
+conquest, nothing shall be required but the indemnities due to our
+citizens, the United States have only to accept the terms which have
+been offered by the Mexican Government. It consents to yield a territory
+five degrees of latitude, or near 350 miles in breadth, and extending
+from New Mexico to the Pacific. Although the greater part of this is
+quite worthless, yet the portion of California lying between the Sierra
+Neveda and the Pacific, and including the port of San Francisco, is
+certainly worth much more than the amount of indemnities justly due to
+our citizens. It is only in order to satisfy those claims, that an
+accession of territory may become necessary.
+
+It is not believed that the Executive will favor the wild suggestions of
+a subjugation, or annexation of the whole of Mexico, or of any of its
+interior provinces. And, if I understand the terms offered by Mr. Trist,
+there was no intention to include within the cessions required, the
+Province of New Mexico. But the demand of both Old and New California,
+or of a sea-coast of more than thirteen hundred miles in length (lat.
+23 deg. to 42 deg.), is extravagant and unnecessary. The Peninsula is
+altogether worthless, and there is nothing worth contending for South
+of San Diego, or about lat. 32 deg.
+
+In saying that, if conquest is not the object of the war, and if the
+pretended claim of Texas to the Rio del Norte shall be abandoned, there
+cannot be any insuperable obstacle to the restoration of peace, it is by
+no means intended to assert that the terms heretofore proposed by either
+party are at this time proper. And I apprehend that the different views
+of the subject entertained by those who sincerely desire a speedy and
+just peace, may create some difficulty. There are some important
+considerations which may become the subject of subsequent arrangements.
+For the present, nothing more is strictly required than to adopt the
+principle of _status ante bellum_, or, in other words, to evacuate the
+Mexican territory, and to provide for the payment of the indemnities due
+to our citizens. The scruples of those who object to any cession
+whatever of territory, except on terms unacceptable to the Southern
+States, might be removed by a provision, that would only pledge a
+territory sufficient for the purpose, and leave it in the possession of
+the United States until the indemnities had been fully paid.
+
+Was I to listen exclusively to my own feelings and opinions, I would
+say, that, if the propositions which I have attempted to establish are
+correct; if I am not mistaken in my sincere conviction, that the war was
+unprovoked by the Mexicans, and has been one of iniquitous aggression on
+our part; it necessarily follows that, according to the dictates of
+justice, the United States are bound to indemnify them, for having
+invaded their territory, bombarded their towns, and inflicted all the
+miseries of war on a people, who were fighting in defence of their own
+homes. If all this be true, the United States would give but an
+inadequate compensation for the injuries they have inflicted, by
+assuming the payment of the indemnities justly due to their own
+citizens.
+
+Even if a fair purchase of territory should be convenient to both
+parties, it would be far preferable to postpone it for the present,
+among other reasons, in order that it should not have the appearance of
+being imposed on Mexico. There are also some important considerations,
+to which it may not be improper to call at this time the public
+attention.
+
+Our population may at this time be assumed, as amounting to twenty
+millions. Although the ratio of natural increase has already been
+lessened, from thirty three to about thirty per cent in ten years, the
+deficiency has been, and will probably continue, for a while, to be
+compensated by the prodigious increase of immigration from foreign
+countries. An increase of thirty per cent, would add to our population
+six millions, within ten, and near fourteen millions in twenty years. At
+the rate of only twenty five per cent, it will add five millions in ten,
+and more than eleven millions in twenty years. That the fertile
+uncultivated land, within the limits of the States admitted, or
+immediately admissible in the Union, could sustain three times that
+number is indubitable. But the indomitable energy, the locomotive
+propensities, and all the habits of the settlers of new countries are
+such, that, not even the united efforts of both Governments can or will
+prevent their occupying within twenty if not within ten years, every
+district, as far as the Pacific, and whether within the limits of the
+United States or of Mexico, which shall not have previously been
+actually and _bona fide_ occupied and settled by others. It may be said
+that this is justifiable by Natural Law; that, for the same reason,
+which sets aside the right of discovery, if not followed by actual
+occupation within a reasonable time, the rights of Spain and Mexico have
+been forfeited by their neglect, or inability, during a period of three
+hundred years, to colonize a country, which, during the whole of that
+period, they held undisputed by any other foreign nation. And it may
+perhaps be observed that, had the Government of the United States waited
+for the operation of natural and irresistible causes, these alone would
+have given them, without a war, more than they want at this moment.
+
+However plausible all this may appear, it is nevertheless certain, that
+it will be an acquisition of territory for the benefit of the people of
+the United States, and in violation of solemn treaties. Not only
+collisions must be avoided, and the renewal of another illicit
+annexation be prevented; but the two countries must coolly consider
+their relative position; and whatever portion of territory, not actually
+settled by the Mexicans, and of no real utility to them, they may be
+disposed to cede, must be acquired by a treaty freely assented to, and
+for a reasonable compensation. But this is not the time for the
+discussion of a proper final arrangement. We must wait till peace shall
+have been restored, and angry feelings shall have subsided. At present
+the only object is Peace, immediate peace, a just peace, and no
+acquisition of territory, but that which may be absolutely necessary for
+effecting the great object in view. The most simple terms, those which
+will only provide for the adjustment of the Texas boundary and for the
+payment of the indemnities due to our citizens, and, in every other
+respect, restore things as they stood before the beginning of
+hostilities, appear to me the most eligible. For that purpose I may be
+permitted to wish, that the discussion of the terms should not be
+embarrassed by the introduction of any other matter. There are other
+considerations, highly important, and not foreign to the great question
+of an extension of territory, but which may, without any inconvenience
+or commitment, be postponed, and should not be permitted to impede the
+immediate termination of this lamentable war.
+
+I have gone farther than I intended. It is said that a rallying point is
+wanted by the friends of peace. Let them unite, boldly express their
+opinions, and use their utmost endeavors in promoting an immediate
+termination of the war. For the people, no other banner is necessary.
+But their representatives in Congress assembled are alone competent to
+ascertain, alone vested with the legitimate power of deciding what
+course should be pursued at this momentous crisis, what are the best
+means for carrying into effect their own views, whatever these may be.
+We may wait with hope and confidence the result of their deliberations.
+
+       *       *       *       *       *
+
+I have tried, in this essay, to confine myself to the questions at issue
+between the United States and Mexico. Whether the Executive has, in any
+respect, exceeded his legitimate powers; whether he is, for any of his
+acts, liable to animadversion, are questions which do not concern
+Mexico.
+
+There are certainly some doubtful assumptions of power, and some points
+on which explanations are necessary. The most important is the reason,
+which may have induced the President, when he considered the war as
+necessary and almost unavoidable, not to communicate to Congress, which
+was all that time in session, the important steps he had taken, till
+after hostilities, and indeed actual war had taken place. The
+substitution, for war contributions, of an arbitrary and varying tariff,
+appears to me to be of a doubtful nature; and it is hoped, that the
+subject will attract the early attention of Congress. I am also clearly
+of opinion, that the provisions of the law respecting volunteers, which
+authorizes them to elect their officers, is a direct violation of the
+constitution of the United States, which recognizes no other land force
+than the army and the militia, and which vests in the President and
+Senate the exclusive power of appointing all the officers of the United
+States, whose appointments are not otherwise provided for in the
+constitution itself. (With respect to precedents, refer to the act of
+July 6th, 1812, chap. 461, (cxxxviii.) enacted with due deliberation,
+and which repeals, in that respect, the act on same subject of February
+6th, 1812.)
+
+
+
+
+       *       *       *       *       *
+
+
+
+
+Transcriber's note:
+
+Page 10: Changed adequte to adequate
+Page 28: Changed oppropriate to appropriate
+
+
+
+***END OF THE PROJECT GUTENBERG EBOOK PEACE WITH MEXICO***
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+<h1>The Project Gutenberg eBook, Peace with Mexico, by Albert Gallatin</h1>
+<pre>
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at <a href = "http://www.gutenberg.org">www.gutenberg.org</a></pre>
+<p>Title: Peace with Mexico</p>
+<p>Author: Albert Gallatin</p>
+<p>Release Date: April 30, 2010  [eBook #32192]</p>
+<p>Language: English</p>
+<p>Character set encoding: ISO-8859-1</p>
+<p>***START OF THE PROJECT GUTENBERG EBOOK PEACE WITH MEXICO***</p>
+<p>&nbsp;</p>
+<h4>E-text prepared by Julia Miller, Joseph R. Hauser,<br />
+    and the Project Gutenberg Online Distributed Proofreading Team<br />
+    (<a href="http://www.pgdp.net/c/">http://www.pgdp.net</a>)<br />
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+</table>
+<p>&nbsp;</p>
+<hr class="full" />
+<p>&nbsp;</p>
+<p>&nbsp;</p>
+<p>&nbsp;</p>
+
+<h1>PEACE</h1>
+<h4>WITH</h4>
+<h1>MEXICO.</h1>
+
+<div><br /><br /></div>
+
+<h3>BY<br /><br />
+ALBERT GALLATIN.</h3>
+
+<div><br /><br /></div>
+
+<hr style="width: 65%;" />
+<h4>BARTLETT &amp; WELFORD:<br />
+NO. 7 ASTOR HOUSE, NEW YORK.</h4>
+
+
+
+<hr style="width: 65%;" />
+<div><br /><br />
+<span class="pagenum"><a name="Page_3" id="Page_3">[Pg 3]</a></span>
+</div>
+<h2>I.&mdash;THE LAW OF NATIONS.</h2>
+
+
+<p>It seems certain that Mexico must ultimately submit to such terms of
+peace as the United States shall dictate. An heterogeneous population of
+seven millions, with very limited resources and no credit; distracted by
+internal dissensions, and by the ambition of its chiefs, a prey by turns
+to anarchy and to military usurpers; occupying among the nations of the
+civilized world, either physically or mentally, whether in political
+education, social state, or any other respect, but an inferior position;
+cannot contend successfully with an energetic, intelligent, enlightened
+and united nation of twenty millions, possessed of unlimited resources
+and credit, and enjoying all the benefits of a regular, strong, and free
+government. All this was anticipated; but the extraordinary successes of
+the Americans have exceeded the most sanguine expectations. All the
+advanced posts of the enemy, New Mexico, California, the line of the
+lower Rio Norte, and all the sea ports, which it was deemed necessary to
+occupy, have been subdued. And a small force, apparently incompetent to
+the object, has penetrated near three hundred miles into the interior,
+and is now in quiet possession of the far-famed metropolis of the
+Mexican dominions. The superior skill and talents of our distinguished
+generals, and the unparalleled bravery of our troops, have surmounted
+all obstacles. By whomsoever commanded on either side; however strong
+the positions and fortifications of the Mexicans, and with a tremendous
+numerical superiority, there has not been a single engagement, in which
+they have not been completely defeated. The most remarkable and
+unexpected feature of that warfare is, that volunteers, wholly
+undisciplined in every sense of the word, have vied in devotedness and
+bravery with the regular forces, and have proved themselves, in every
+instance, superior in the open field to the best regular forces of
+Mexico. These forces are now annihilated or dispersed; and the Mexicans
+are reduced to a petty warfare of guerillas which, however annoying,
+cannot be productive of any important results.</p>
+
+<p>It is true, that these splendid successes have been purchased at a price
+far exceeding their value. It is true that, neither the glory of these
+military deeds, nor the ultimate utility of our conquests<span class="pagenum"><a name="Page_4" id="Page_4">[Pg 4]</a></span> can
+compensate the lamentable loss of the many thousand valuable lives
+sacrificed in the field, of the still greater number who have met with
+an obscure death, or been disabled by disease and fatigue. It is true
+that their relatives, their parents, their wives and children find no
+consolation, for the misery inflicted upon them, in the still greater
+losses experienced by the Mexicans. But if, disregarding private
+calamities and all the evils of a general nature, the necessary
+consequences of this war, we revert solely to the relative position of
+the two countries, the impotence of the Mexicans and their total
+inability to continue the war, with any appearance of success, are still
+manifest.</p>
+
+<p>The question then occurs: What are the terms which the United States
+have a right to impose on Mexico? All agree that it must be an
+"honorable peace;" but the true meaning of this word must in the first
+place be ascertained.</p>
+
+<p>The notion, that anything can be truly honorable which is contrary to
+justice, will, as an abstract proposition, be repudiated by every
+citizen of the United States. Will any one dare to assert, that a peace
+can be honorable, which does not conform with justice?</p>
+
+<p>There is no difficulty in discovering the principles by which the
+relations between civilized and Christian nations should be regulated,
+and the reciprocal duties which they owe to each other. These
+principles, these duties have long since been proclaimed; and the true
+law of nations is nothing else than the conformity to the sublime
+precepts of the Gospel morality, precepts equally applicable to the
+relations between man and man, and to the intercourse between nation and
+nation. "Thou shalt love thy neighbor as thyself." "Love your enemies."
+"As you would that men should do to you, do ye also to them likewise."
+The sanctity of these commands is acknowledged, without a single
+exception, by every denomination of Christians, or of men professing to
+be such. The sceptical philosopher admits and admires the precept. To
+this holy rule we should inflexibly adhere when dictating the terms of
+peace. The United States, though they have the power, have no right to
+impose terms inconsistent with justice. It would be a shameful
+dereliction of principle, on the part of those who were averse to the
+annexation of Texas, to countenance any attempt to claim an acquisition
+of territory, or other advantage, on account of the success of our
+arms.</p>
+
+<p><span class="pagenum"><a name="Page_5" id="Page_5">[Pg 5]</a></span>But in judging the acts of our Government, it must be admitted that
+statesmen think a conformity to these usages which constitute the law of
+nations, not as it should be, but as it is practically, sufficient to
+justify their conduct. And by that inferior standard, those acts and our
+duties in relation to Mexico will be tested.</p>
+
+
+
+<hr style="width: 65%;" />
+<div><br /><br /></div>
+<h2>II.&mdash;INDEMNITIES TO CITIZENS OF THE UNITED STATES.</h2>
+
+
+<p>The United States had, and continue to have, an indubitable right to
+demand a full indemnity, for any wrongs inflicted on our citizens by the
+Government of Mexico, in violation of treaties or of the acknowledged
+law of nations. The negotiations for satisfying those just demands, had
+been interrupted by the annexation of Texas. When an attempt was
+subsequently made to renew them, it was therefore just and proper, that
+both subjects should be discussed at the same time: and it is now
+absolutely necessary, that those just claims should be fully provided
+for, in any treaty of peace that may be concluded, and that the payment
+should be secured against any possible contingency. I take it for
+granted that no claims have been, or shall be sustained by our
+Government, but such as are founded on treaties or the acknowledged law
+of nations.</p>
+
+<p>Whenever a nation becomes involved in war, the manifestoes, and every
+other public act issued for the purpose of justifying its conduct,
+always embrace every ground of complaint which can possibly be alleged.
+But admitting, that the refusal to satisfy the claims for indemnity of
+our citizens might have been a just cause of war, it is most certain,
+that those claims were not the cause of that in which we are now
+involved.</p>
+
+<p>It may be proper, in the first place, to observe, that the refusal of
+doing justice, in cases of this kind, or the long delays in providing
+for them, have not generally produced actual war. Almost always long
+protracted negotiations have been alone resorted to. This has been
+strikingly the case with the United States. The claims of Great Britain
+for British debts, secured by the treaty of 1783, were not settled and
+paid till the year 1803; and it was only subsequent to that year, that
+the claims of the United States, for depredations<span class="pagenum"><a name="Page_6" id="Page_6">[Pg 6]</a></span> committed in 1793,
+were satisfied. The very plain question of slaves, carried away by the
+British forces in 1815, in open violation of the treaty of 1814, was not
+settled and the indemnity paid till the year 1826. The claims against
+France for depredations, committed in the years 1806 to 1813, were not
+settled and paid for till the year 1834. In all those cases, peace was
+preserved by patience and forbearance.</p>
+
+<p>With respect to the Mexican indemnities, the subject had been laid more
+than once before Congress, not without suggestions that strong measures
+should be resorted to. But Congress, in whom alone is vested the power
+of declaring war, uniformly declined doing it.</p>
+
+<p>A convention was entered into on the 11th of April, 1839, between the
+United States and Mexico, by virtue of which a joint commission was
+appointed for the examination and settlement of those claims. The powers
+of the Commissioners terminated, according to the convention, in
+February, 1842. The total amount of the American claims, presented to
+the commission, amounted to 6,291,605 dollars. Of these, 2,026,140
+dollars were allowed by the commission; a further sum of 928,628 dollars
+was allowed by the commissioners of the United States, rejected by the
+Mexican commissioners, and left undecided by the umpire, and claims
+amounting to 3,336,837 dollars had not been examined.</p>
+
+<p>A new convention, dated January 30, 1843, granted to the Mexicans a
+further delay for the payment of the claims which had been admitted, by
+virtue of which the interest due to the claimants was made payable on
+the 30th April, 1843, and the principal of the awards, and the interest
+accruing thereon, was stipulated to be paid in five years, in twenty
+equal instalments every three months. The claimants received the
+interest due on the 30th April, 1843, and the three first instalments.
+The agent of the United States having, under peculiar circumstances,
+given a receipt for the instalments due in April and July, 1844, before
+they had been actually paid by Mexico, the payment has been assumed by
+the United States and discharged to the claimants.</p>
+
+<p>A third convention was concluded at Mexico on the 20th November, 1843,
+by the Plenipotentiaries of the two Governments, by which provision was
+made for ascertaining and paying the claims, on which no final decision
+had been made. In January, 1844, this convention was ratified by the
+Senate of the United States, with<span class="pagenum"><a name="Page_7" id="Page_7">[Pg 7]</a></span> two amendments, which were referred
+to the Government of Mexico, but respecting which no answer has ever
+been made. On the 12th of April, 1844, a treaty was concluded by the
+President with Texas, for the annexation of that republic to the United
+States. This treaty, though not ratified by the Senate, placed the two
+countries in a new position, and arrested for a while all negotiations.
+It was only on the 1st of March, 1845, that Congress passed a joint
+resolution for the annexation.</p>
+
+<p>It appears most clearly, that the United States are justly entitled to a
+full indemnity for the injuries done to their citizens; that, before the
+annexation of Texas, there was every prospect of securing that
+indemnity; and that those injuries, even if they had been a just cause
+for war, were in no shape whatever the cause of that in which we are now
+involved.</p>
+
+<p>Are the United States justly entitled to indemnity for any other cause?
+This question cannot be otherwise solved, than by an inquiry into the
+facts, and ascertaining by whom, and how, the war was provoked.</p>
+
+
+
+<hr style="width: 65%;" />
+<div><br /><br /></div>
+<h2>III.&mdash;ANNEXATION OF TEXAS.</h2>
+
+
+<p>At the time when the annexation of Texas took place, Texas had been
+recognized as an independent power, both by the United States and by
+several of the principal European powers; but its independence had not
+been recognized by Mexico, and the two contending parties continued to
+be at war. Under those circumstances, there is not the slightest doubt
+that the annexation of Texas was tantamount to a declaration of war
+against Mexico. Nothing can be more clear and undeniable than that,
+whenever two nations are at war, if a third Power shall enter into a
+treaty of alliance, offensive and defensive, with either of the
+belligerents, and if such treaty is not contingent, and is to take
+effect immediately and pending the war, such treaty is a declaration of
+war against the other party. The causes of the war between the two
+belligerents do not alter the fact. Supposing that the third party, the
+interfering Power, should have concluded the treaty of alliance with
+that belligerent who was clearly engaged in a most just war, the treaty
+would not be the less a declaration of war against the other
+belligerent.</p>
+
+<p><span class="pagenum"><a name="Page_8" id="Page_8">[Pg 8]</a></span>If Great Britain and France were at war, and the United States were to
+enter into such a treaty with either, can there be the slightest doubt
+that this would be actual war against the other party? that it would be
+considered as such, and that it must have been intended for that
+purpose? If at this moment, either France or England were to make such a
+treaty with Mexico, thereby binding themselves to defend and protect it
+with all their forces against any other Power whatever, would not the
+United States instantaneously view such a treaty as a declaration of
+war, and act accordingly?</p>
+
+<p>But the annexation of Texas, by the United States, was even more than a
+treaty of offensive and defensive alliance. It embraced all the
+conditions and all the duties growing out of the alliance; and it
+imposed them forever. From the moment when Texas had been annexed, the
+United States became bound to protect and defend her, so far as her
+legitimate boundaries extended, against any invasion, or attack, on the
+part of Mexico: and they have uniformly acted accordingly.</p>
+
+<p>There is no impartial publicist that will not acknowledge the
+indubitable truth of these positions: it appears to me impossible, that
+they should be seriously denied by a single person.</p>
+
+<p>It appears that Mexico was at that time disposed to acknowledge the
+independence of Texas, but on the express condition, that it should not
+be annexed to the United States; and it has been suggested, that this
+was done under the influence of some European Powers. Whether this last
+assertion be true or not, is not known to me. But the condition was
+remarkable and offensive.</p>
+
+<p>Under an apprehension that Texas might be tempted to accept the terms
+proposed, the Government of the United States may have deemed it
+expedient to defeat the plan, by offering that annexation, which had
+been formerly declined, when the Government of Texas was anxious for it.</p>
+
+<p>It may be admitted that, whether independent or annexed to the United
+States, Texas must be a slave-holding state, so long as slavery shall
+continue to exist in North America. Its whole population, with hardly
+any exception, consisted of citizens of the United States. Both for that
+reason, and on account of its geographical position, it was much more
+natural, that Texas should be a member of the United States, than of the
+Mexican Confederation. Viewed purely as a question of expediency, the
+an<span class="pagenum"><a name="Page_9" id="Page_9">[Pg 9]</a></span>nexation might be considered as beneficial to both parties. But
+expediency is not justice. Mexico and Texas had a perfect right to
+adjust their differences and make peace, on any terms they might deem
+proper. The anxiety to prevent this result indicated a previous
+disposition ultimately to occupy Texas: and when the annexation was
+accomplished; when it was seen, that the United States had appropriated
+to themselves all the advantages resulting from the American settlements
+in Texas, and from their subsequent insurrection; the purity of the
+motives of our Government became open to suspicion.</p>
+
+<p>Setting aside the justice of the proceeding, it is true that it had been
+anticipated, by those who took an active part in the annexation, that
+the weakness of Mexico would compel it to yield, or at least induce her
+not to resort to actual war. This was verified by the fact: and had
+Government remained in the hands with whom the plan originated, war
+might probably have been avoided. But when no longer in power, they
+could neither regulate the impulse they had given, nor control the
+reckless spirits they had evoked.</p>
+
+<p>Mexico, sensible of her weakness, declined war, and only resorted to a
+suspension of diplomatic intercourse; but a profound sense of the injury
+inflicted by the United States has ever since rankled in their minds. It
+will be found, through all their diplomatic correspondence, through all
+their manifestoes, that the Mexicans, even to this day, perpetually
+recur to this never-forgotten offensive measure. And, on the other hand,
+the subsequent administration of our Government seems to have altogether
+forgotten this primary act of injustice, and, in their negotiations, to
+have acted as if this was only an accomplished fact, and had been a
+matter of course.</p>
+
+
+
+<hr style="width: 65%;" />
+<div><br /><br /></div>
+<h2>IV.&mdash;NEGOTIATIONS AND WAR.</h2>
+
+
+<p>In September, 1845, the President of the United States directed their
+consul at Mexico to ascertain from the Mexican Government, whether it
+would receive an <i>Envoy</i> from the United States, intrusted with full
+power to adjust all the questions in dispute between the two
+Governments.</p>
+
+<p>The answer of Mr. De la Pena y Pena, Minister of the Foreign Relations
+of Mexico, was, "That although the Mexican nation was<span class="pagenum"><a name="Page_10" id="Page_10">[Pg 10]</a></span> deeply injured by
+the United States, through the acts committed by them in the department
+of Texas, which belongs to his nation, his Government was disposed to
+receive the <i>Commissioner</i> of the United States who might come to the
+capital, with full powers from his Government to settle the present
+dispute in a peaceful, reasonable and honorable manner;" thus giving a
+new proof that, even in the midst of its injuries and of its firm
+decision to exact adequate reparation for them, the Government of Mexico
+does not reply with contumely to the measures of reason and peace to
+which it was invited by its adversary.</p>
+
+<p>The Mexican Minister at the same time intimated, that the previous
+recall of the whole Naval force of the United States, then lying in
+sight of the port of Vera Cruz, was indispensable; and this was
+accordingly done by our Government.</p>
+
+<p>But it is essential to observe that, whilst Mr. Black had, according to
+his instructions, inquired, whether the Mexican Government would receive
+an <i>Envoy</i> from the United States, with full power to adjust all the
+questions in dispute between the two Governments, the Mexican Minister
+had answered, that his Government was disposed to receive the
+<i>Commissioner</i> of the United States, who might come with full powers to
+settle the present dispute in a peaceful, reasonable and honorable
+manner.</p>
+
+<p>Mr. Slidell was, in November following, appointed Envoy Extraordinary
+and Minister Plenipotentiary of the United States of America near the
+Government of the Mexican Republic; and he arrived in Mexico on the
+sixth of December.</p>
+
+<p>Mr. Herrera, the President of Mexico, was undoubtedly disposed to settle
+the disputes between the two countries. But taking advantage of the
+irritation of the mass of the people, his political opponents were
+attempting to overset him for having made, as they said, unworthy
+concessions. The arrival of Mr. Slidell disturbed him extremely; and Mr.
+Pena y Pena declared to Mr. Black, that his appearance in the capital at
+this time might prove destructive to the Government, and thus defeat the
+whole affair. Under these circumstances General Herrera complained,
+without any foundation, that Mr. Slidell had come sooner than had been
+understood; he resorted to several frivolous objections against the
+tenor of his powers; and he intimated that the difficulties respecting
+Texas must be adjusted before any other subject of discussion should be
+taken into consideration.</p>
+
+<p><span class="pagenum"><a name="Page_11" id="Page_11">[Pg 11]</a></span>But the main question was, whether Mexico should receive Mr. Slidell in
+the character of Envoy Extraordinary and Minister Plenipotentiary, to
+reside in the republic. It was insisted by the Mexican Government, that
+it had only agreed to receive a commissioner, to treat on the questions
+which had arisen from the events in Texas; and that until this was done,
+the suspended diplomatic intercourse could not be restored, and a
+residing minister plenipotentiary be admitted.</p>
+
+<p>Why our Government should have insisted, that the intended negotiation
+should be carried on by a residing Envoy Extraordinary and Minister
+Plenipotentiary, is altogether unintelligible. The questions at issue
+might have been discussed and settled as easily, fully and
+satisfactorily, by commissioners appointed for that special purpose, as
+by residing ministers or envoys. It is well known that whenever
+diplomatic relations have been superseded by war, treaties of peace are
+always negotiated by commissioners appointed for that special purpose,
+who are personally amply protected by the law of nations, but who are
+never received as resident ministers, till after the peace has restored
+the ordinary diplomatic intercourse. Thus the treaty of peace of 1783,
+between France and England, was negotiated and concluded at Paris by
+British commissioners, whom it would have been deemed absurd to admit as
+resident envoys or ministers, before peace had been made.</p>
+
+<p>The only distinction which can possibly be made between the two cases
+is, that there was not as yet actual war between Mexico and the United
+States. But the annexation of Texas was no ordinary occurrence. It was a
+most clear act of unprovoked aggression; a deep and most offensive
+injury; in fact, a declaration of war, if Mexico had accepted it as
+such. In lieu of this, that country had only resorted to a suspension of
+the ordinary diplomatic relations. It would seem as if our Government
+had considered this as an act of unparalleled audacity, which Mexico
+must be compelled to retract, before any negotiations for the
+arrangement of existing difficulties could take place; as an insult to
+the Government and to the nation, which must compel it to assert its
+just rights and <i>to avenge its injured honor</i>.</p>
+
+<p>General Herrera was not mistaken in his anticipations. His government
+was overset in the latter end of the month of December, 1845, and fell
+into the hands of those who had denounced him<span class="pagenum"><a name="Page_12" id="Page_12">[Pg 12]</a></span> for having listened to
+overtures of an arrangement of the difficulties between the two nations.</p>
+
+<p>When Mexico felt its inability to contend with the United States; and,
+instead of considering the annexation of Texas to be, as it really was,
+tantamount to a declaration of war, only suspended the ordinary
+diplomatic relations between the two countries, its Government, if
+directed by wise counsels, and not impeded by popular irritation, should
+at once, since it had already agreed to recognize the independence of
+Texas, have entered into a negotiation with the United States. At that
+time there would have been no intrinsic difficulty in making a final
+arrangement founded on an unconditional recognition of the independence
+of Texas, within its legitimate boundaries. Popular feeling and the
+ambition of contending military leaders, prevented that peaceable
+termination of those unfortunate dissensions.</p>
+
+<p>Yet, when Mexico refused to receive Mr. Slidell as an Envoy
+Extraordinary and Minister Plenipotentiary, the United States should
+have remembered, that we had been the aggressors, that we had committed
+an act acknowledged, as well by the practical law of nations, as by
+common sense and common justice, to be tantamount to a declaration of
+war; and they should have waited with patience, till the feelings
+excited by our own conduct had subsided.</p>
+
+<p>General Taylor had been instructed by the War Department, as early as
+May 28, 1845, to cause the forces under his command to be put into a
+position where they might most promptly and efficiently act in defence
+of Texas, in the event that it should become necessary or proper to
+employ them for that purpose. By subsequent instructions, and after the
+people of Texas had accepted the proposition of annexation, he was
+directed to select and occupy a position adapted to repel invasion, as
+near the boundary line, the Rio Grande, as prudence would dictate; and
+that, with this view, a part of his forces at least should be west of
+the river Nueces. It was certainly the duty of the President to protect
+Texas against invasion, from the moment it had been annexed to the
+United States; and as that republic was in actual possession of Corpus
+Christi, which was the position selected by General Taylor, there was
+nothing, in the position he had taken, indicative of any danger of
+actual hostilities.</p>
+
+<p>But our Government seems to have considered the refusal, on the<span class="pagenum"><a name="Page_13" id="Page_13">[Pg 13]</a></span> part of
+Mexico, to receive Mr. Slidell as a resident Envoy of the United States,
+as necessarily leading to war. The Secretary of State, in his letter to
+Mr. Slidell of January 28, 1846, says:&mdash;"Should the Mexican Government
+finally refuse to receive you, the cup of forbearance will then have
+been exhausted. Nothing can remain but to take the redress of the
+injuries to our citizens, and the insults to our Government, into our
+own hands." And again, "Should the Mexican Government finally refuse to
+receive you, then demand passports from the proper authority, and return
+to the United States. It will then become the duty of the President to
+submit the whole case to Congress, and call upon the nation to assert
+its just rights, and avenge its injured honor."</p>
+
+<p>With the same object in view, the Secretary of War did, by his letter
+dated January 13, 1846, instruct General Taylor "to advance and occupy,
+with the troops under his command, positions on or near the east bank of
+the Rio del Norte.... It is presumed Point Isabel will be considered by
+you an eligible position. This point, or some one near it, and points
+opposite Matamoras and Mier, and in the vicinity of Laredo, are
+suggested for your consideration.... Should you attempt to exercise the
+right, which the United States have in common with Mexico, to the free
+navigation of this river, it is probable that Mexico would interpose
+resistance. You will not attempt to enforce this right without further
+instructions.... It is not designed, in our present relations with
+Mexico, that you should treat her as an enemy; but, should she assume
+that character by a declaration of war, or any open act of hostility
+towards us, you will not act merely on the defensive if your relative
+means enable you to do otherwise."</p>
+
+<p>The administration was therefore of opinion, that this military
+occupation of the territory in question was not an act of hostility,
+towards Mexico, or treating her as an enemy. Now, I do aver, without
+fear of contradiction, that whenever a territory claimed by two powers
+is, and has been for a length of time in the possession of one of them,
+if the other should invade and take possession of it by a military
+force, such an act is an open act of hostility according to the
+acknowledged and practical law of nations. In this case the law of
+nations only recognizes a clear and positive fact.</p>
+
+<p>The sequel is well known. General Taylor, with his troops, left Corpus
+Christi, March 8th to 11th, 1846, and entered the desert<span class="pagenum"><a name="Page_14" id="Page_14">[Pg 14]</a></span> which
+separates that place from the vicinity of the del Norte. On the 21st he
+was encamped three miles south of the Arroyo, or Little Colorado, having
+by the route he took marched 135 miles, and being nearly north of
+Matamoras about thirty miles distant. He had on the 19th met a party of
+irregular Mexican cavalry, who informed him that they had peremptory
+orders, if he passed the river, to fire upon his troops, and that it
+would be considered a declaration of war. The river was however crossed
+without a single shot having been fired. In a proclamation issued on the
+12th, General Mejia, who commanded the forces of the Department of
+Tamaulipas, asserts, that the limits of Texas are certain and
+recognized, and never had extended beyond the river Nueces, that the
+cabinet of the United States coveted the regions on the left bank of the
+Rio Bravo, and that the American army was now advancing to take
+possession of a large part of Tamaulipas. On the 24th March General
+Taylor reached a point on the route from Matamoras to Point Isabel,
+eighteen miles from the former, and ten from the latter place, where a
+deputation sent him a formal Protest of the Prefect of the Northern
+District of the Department of Tamaulipas, declaring, in behalf of the
+citizens of the district, that they never will consent to separate
+themselves from the Mexican Republic, and to unite themselves with the
+United States. On the 12th of April, the Mexican General, Ampudia,
+required General Taylor to break up his camp within twenty-four hours,
+and to retire to the other bank of the Nueces river, and notified him
+that, if he insisted in remaining upon the soil of the Department of
+Tamaulipas, it would clearly result that arms alone must decide the
+question; in which case, he declared that the Mexicans would accept the
+war to which they had been provoked. On the 24th of April, General
+Arista arrived in Matamoras, and on the same day, informed General
+Taylor, that he considered hostilities commenced, and would prosecute
+them. On the same day, a party of sixty-three American dragoons, who had
+been sent some distance up the left bank of the river, became engaged
+with a very large force of the enemy, and after a short affair, in which
+about sixteen were killed or wounded, were surrounded and compelled to
+surrender. These facts were laid before Congress by the President in his
+message of the 11th of May.<span class="pagenum"><a name="Page_15" id="Page_15">[Pg 15]</a></span></p>
+
+
+
+<hr style="width: 65%;" />
+<div><br /><br /></div>
+<h2>V.&mdash;THE CLAIM OF TEXAS TO THE RIO DEL NORTE, AS ITS BOUNDARY, EXAMINED.</h2>
+
+
+<p>From what precedes it appears, that the Government of the United States
+considered the refusal of Mexico to receive a resident Envoy, or
+minister as a sufficient cause for war; and the Rio del Norte as the
+legitimate boundary of Texas. The first opinion is now of no importance;
+but the question of boundary, which was the immediate cause of
+hostilities, has to this day been the greatest impediment to the
+restoration of peace. I feel satisfied, that if this was settled, there
+would be no insuperable difficulty in arranging other pretensions.</p>
+
+<p>The United States claim no other portion of the Mexican dominions,
+unless it be by right of conquest. The tract of country between the Rio
+Nueces and the del Norte, is the only one, which has been claimed by
+both parties, as respectively belonging either to Texas or to Mexico. As
+regards every other part of the Mexican possessions, the United States
+never had claimed any portion of it. The iniquity of acquiring any
+portion of it, otherwise than by fair compact freely consented to by
+Mexico, is self-evident. It is, in every respect, most important to
+examine the grounds on which the claim of the United States to the only
+territory claimed by both nations is founded. It is the main question at
+issue.</p>
+
+<p>The Republic of Texas did, by an act of December 1836, declare the Rio
+del Norte to be its boundary. It will not be seriously contended, that a
+nation has a right, by a law of its own, to determine what is or shall
+be the boundary between it and another country. The act was nothing more
+than the expression of the wishes or pretensions of the Government. Its
+only practical effect was that, emanating from its Congress or
+legislative body, it made it imperative on the Executive, not to
+conclude any peace with Mexico, unless that boundary was agreed to. As
+regards right, the act of Texas is a perfect nullity. We want the
+arguments and documents by which the claim is sustained.</p>
+
+<p>On a first view the pretension is truly startling. There is no
+exception: the Rio Norte from its source to its mouth is declared to be
+the rightful boundary of Texas. That river has its source<span class="pagenum"><a name="Page_16" id="Page_16">[Pg 16]</a></span> within the
+department, province, or state of New Mexico, which it traverses through
+its whole length from north to south, dividing it into two unequal
+parts. The largest and most populous, including Santa Fe, the capital,
+lies on the left bank of the river, and is therefore embraced within the
+claim of Texas. Now this province of New Mexico was first visited and
+occupied by the Spaniards under Vasquez Coronado, in the years 1540 to
+1542. It was at that time voluntarily evacuated, subsequently
+re-visited, and some settlements made about the year 1583: finally
+conquered in 1595 by the Spaniards, under the command of Onate. An
+insurrection of the Indians drove away the Spaniards in the year 1680.
+They re-entered it the ensuing year, and after a long resistance
+re-conquered it. This was an internal conflict with the Aborigines; but
+as related to foreign powers, the sovereignty of the Spaniards over the
+territory was never called in question; and it was, in express terms,
+made the western boundary of Louisiana in the Royal Charter of the
+French Government.</p>
+
+<p>The conquest of the province by Onate, took place five-and-twenty years
+prior to the landing of the Pilgrims in New England, and twelve years
+before any permanent settlement had been made in North America, on the
+shores of the Atlantic, by either England, France, Holland, Sweden, or
+any other power, but that in Florida by Spain herself.</p>
+
+<p>I have in vain sought for any document, emanating from the Republic or
+State of Texas, for the purpose of sustaining its claim either to New
+Mexico or to the country bordering on the lower portion of the del
+Norte. The only official papers within my reach, in which the claim of
+Texas is sustained, are the President's messages of May 11 and Dec. 3rd,
+1846; and these refer only to the country bordering on the lower part of
+the del Norte. The portion of the message of May 11th, 1846, relating to
+that subject, is as follows: "Meantime Texas, by the final action of our
+Congress, had become an integral part of our Union. The Congress of
+Texas, by its act of December 19, 1836, had declared the Rio del Norte
+to be the boundary of that republic. Its jurisdiction had been extended
+and exercised beyond the Nueces. The country between that river and the
+del Norte had been represented in the Congress and in the Convention of
+Texas; had thus taken part in the act of annexation itself; and is now
+included within one of our congressional districts. Our own Congress
+had, moreover,<span class="pagenum"><a name="Page_17" id="Page_17">[Pg 17]</a></span> with great unanimity, by the act approved December 31,
+1845, recognized the country beyond the Nueces as a part of our
+territory, by including it within our own revenue system; and a revenue
+officer, to reside within that district, has been appointed, by and with
+the advice and consent of the Senate. It became, therefore, of urgent
+necessity to provide for the defence of that portion of our country.
+Accordingly, on the 13th of January last, instructions were issued to
+the general in command of these troops to occupy the left bank of the
+del Norte....</p>
+
+<p>The movement of the troops to the del Norte was made by the commanding
+general, under positive instructions to abstain from all aggressive acts
+towards Mexico or Mexican citizens, and to regard the relations between
+that Republic and the United States as peaceful, unless she should
+declare war, or commit acts of hostility indicative of a state of war.
+He was specially directed to protect private property, and respect
+personal rights."</p>
+
+<p>In his annual message of December 8, 1846, the President states that
+Texas, as ceded to the United States by France in 1803, has been always
+claimed as extending west to the Rio Grande; that this fact is
+established by declarations of our Government during Mr. Jefferson's and
+Mr. Monroe's administrations; and that the Texas which was ceded to
+Spain by the Florida treaty of 1819, embraced all the country now
+claimed by the State of Texas between the Nueces and the Rio Grande.</p>
+
+<p>He then repeats the Acts of Texas with reference to their boundaries;
+stating that "during a period of more than nine years, which intervened
+between the adoption of her constitution and her annexation as one of
+the States of our Union, Texas asserted and exercised many acts of
+sovereignty and jurisdiction over the territory and inhabitants west of
+the Nueces; such as organizing and defining limits of counties extending
+to the Rio Grande; establishing courts of justice, and extending her
+judicial system over the territory; establishing also a custom-house,
+post-offices, a land-office, &amp;c."</p>
+
+<p>The President designates by the name of <i>Texas</i>, the cession of
+Louisiana by France to the United States; and he again calls the
+territory ceded to Spain by the Florida treaty of 1819, <i>the Texas</i>. He
+intimates that the claim of the United States to the territory between
+the Sabine and the Rio Norte, was derived from the boundaries of Texas,
+and that by claiming as far west as this river,<span class="pagenum"><a name="Page_18" id="Page_18">[Pg 18]</a></span> the United States did
+recognize that it was the boundary of <i>the Texas</i>. I really do not
+understand what is meant by this assertion.</p>
+
+<p>The United States claimed the Rio Norte as being the legitimate boundary
+of <i>Louisiana</i>, and not of Texas. Neither they nor France had ever been
+in possession of the country beyond the Sabine. Spain had always held
+possession, and had divided the territory into provinces as she pleased.
+One of these was called Texas, and its boundaries had been designated
+and altered at her will. With these the United States had no concern. If
+their claim could be sustained, it must be by proving that Louisiana
+extended of right thus far. This had no connection with the boundaries
+which Spain might have assigned to her province of Texas. These might
+have extended beyond the Rio del Norte, or have been east of the Rio
+Nueces. There is not the slightest connection between the legitimate
+boundaries of Louisiana, and those of the Spanish province of Texas. The
+presumed identity is a mere supposition.</p>
+
+<p>It is not necessary to discuss the soundness of the pretensions to the
+Rio Norte, asserted by Mr. Jefferson and Mr. Monroe, since they were
+yielded in exchange of Florida and some other objects by the treaty of
+1819; a treaty extremely popular at the time, and the execution of which
+was pressed with great zeal and perseverance.</p>
+
+<p>Whenever ultimately ceded to Mexico, that republic fixed its boundaries
+as it thought proper. Texas and Cohahuila were declared to form a state;
+and the Rio Nueces was, made the boundary of Texas. When Texas declared
+itself independent, it was the insurrection of only part of a state; for
+Cohahuila remained united to Mexico. But the Rio Nueces was the boundary
+between the department of Texas and the state of Tamaulipas. The whole
+contested territory lies within the limits of Tamaulipas, which never
+was, under the Mexican Government, connected in any shape with Texas.</p>
+
+<p>The question now under consideration is only that between the United
+States and Mexico; and in that view of the subject, it is quite
+immaterial whether the acts of the United States emanated from Congress,
+or from the Executive. No act of either, recognizing the country beyond
+the Nueces, as a part of the territory of the United States, can be
+alleged against Mexico, as a proof of their right to the country thus
+claimed. Any such act is only an assertion, a declaration, but not an
+argument sustaining the right.<span class="pagenum"><a name="Page_19" id="Page_19">[Pg 19]</a></span> It is, however, proper to observe here,
+that the port of delivery west of the Nueces, erected by the act of
+Congress "To establish a collection district in the state of Texas," was
+at Corpus Christi, a place which was in the actual possession of that
+state.</p>
+
+<p>It must also be premised that, in the joint resolution for the
+annexation of Texas, the question of the boundary between it and Mexico
+was expressly reserved, as one which should be settled by treaty between
+the United States and Mexico.</p>
+
+<p>The only arguments in the President's message, which sustain the right
+of Texas to territory beyond the Nueces, are contained in those
+passages, in which it is asserted, that the jurisdiction of Texas had
+been extended and exercised beyond the Nueces: that the country between
+that river and the del Norte had been represented in the Congress and
+Convention of Texas, had taken part in the annexation itself, and was
+now included within one of our congressional districts.</p>
+
+<p>But it is not stated in the President's message, how far beyond the
+Nueces, the jurisdiction of Texas had been extended, nor what part of
+the country between that river and the del Norte had been represented in
+the Congress and convention of Texas, and was then included within one
+of our congressional districts.</p>
+
+<p>Now the actual jurisdiction beyond the Nueces never extended farther
+than the adjacent settlement of San Patricio, consisting of about twenty
+families. That small district, though beyond the Nueces, was contiguous
+to, and in the actual possession of Texas. On this account it might be
+rightfully included within the limits, which we were bound to protect
+against Mexican invasion.</p>
+
+<p>But what was the country between this small settlement of San Patricio,
+or between Corpus Christi and the Rio del Norte, over which it might be
+supposed from the message, that the jurisdiction of Texas had been
+extended; so as to be included within one of our congressional
+districts? Here again, Texas had erected that small settlement into a
+county called San Patricio, and declared that this county extended to
+the Rio del Norte. This, like all other declaratory acts of the same
+kind, was only an assertion not affecting the question of right. The
+State of Texas might, with equal propriety, have declared that their
+boundary extended to the Sierra Madre or to the Pacific. The true
+question of right to any territory beyond the Mexican limits of the
+Department of Texas depends on the facts: By whom was the territory in<span class="pagenum"><a name="Page_20" id="Page_20">[Pg 20]</a></span>
+question actually inhabited and occupied? and had the inhabitants united
+with Texas in the insurrection against Mexico?</p>
+
+<p>The whole country beyond the settlement of San Patricio and Corpus
+Christi, till within a few miles of the del Norte, is a perfect desert,
+one hundred and sixty miles wide by the route pursued by General Taylor,
+as stated by himself, and near one hundred and twenty miles in a
+straight line.</p>
+
+<p>The only settled part of it is along the left bank of the del Norte, and
+but a few miles in breadth. This belt was settled, inhabited, and
+occupied exclusively by Mexicans. It included the town of Loredo; and
+Mexico had a custom-house at Brazos, north of the mouth of the river.
+Till occupied by the American arms it had ever been, and was at the time
+when invaded by General Taylor, a part of the Department of Tamaulipas,
+and subject to the jurisdiction of the Prefect of the Northern District
+of that department.</p>
+
+<p>In the course of the war between Mexico and Texas, incursions had been
+occasionally made by each party into the territories of the other. A
+Mexican officer had, once or twice, obtained temporary occupation of San
+Antonio, within the limits of Texas; and the Texans had on one occasion
+taken Loredo itself, and more than once had carried their arms, not only
+to the left bank of the del Norte, but even beyond that river. In both
+cases the aggressive parties had been repulsed and expelled. The last
+Texan expedition of that kind took place in December, 1842, and
+terminated in their defeat at Mier.</p>
+
+<p>That the country, adjacent to the left bank of the river, was
+exclusively in the possession of the Mexicans, was well known to our
+Government.</p>
+
+<p>When General Taylor marched to the del Norte, he issued an order (No.
+30), translated into the Spanish, ordering all under his command, to
+observe with the most scrupulous respect the rights of all the
+inhabitants, who might be found in peaceful prosecution of their
+respective occupations, as well on the left as on the right side of the
+Rio Grande. No interference, he adds, will be allowed with the civil
+rights or religious privileges of the inhabitants.</p>
+
+<p>In June, 1845, General Taylor had been directed to select and occupy, on
+or near the Rio Grande del Norte, such a site as would be best adapted
+to repel invasion and to protect our Western bor<span class="pagenum"><a name="Page_21" id="Page_21">[Pg 21]</a></span>der. But on the 8th of
+July following, the Secretary of War (Mr. Marcy) addressed the following
+letter to him.</p>
+
+<p>"This Department is informed that Mexico has some military
+establishments on the East side of the Rio Grande, which are, and for
+some time have been, in the actual occupancy of her troops. In carrying
+out the instructions heretofore received, you will be careful to avoid
+any acts of aggression, unless an actual state of war should exist. The
+Mexican forces at the posts in their possession, and which have been so,
+will not be disturbed as long as the relations of peace between the
+United States and Mexico continue."</p>
+
+<p>On the 30th July, 1845, the Secretary again addresses Gen. Taylor as
+follows: "You are expected to occupy, protect and defend the territory
+of Texas, to the extent that it has been occupied by the people of
+Texas. The Rio Grande is claimed to be the boundary between the two
+countries, and up to this boundary you are to extend your protection,
+only <i>excepting</i> any posts on the Eastern side thereof, which are in the
+actual occupancy of Mexican forces, or <i>Mexican settlements</i>, over which
+the Republic of Texas did not exercise jurisdiction at the period of
+annexation, or shortly before that event. It is expected, in selecting
+the establishment for your troops, you will approach as near the
+boundary line, the Rio Grande, as prudence will dictate. With this view,
+the President desires that your position, for a part of your forces at
+least, should be west of the River Nueces."</p>
+
+<p>The Mexican settlements, thus excepted, are not those over which Texas
+did not claim jurisdiction, but those on the East bank of the Rio
+Grande, over which Texas did not <i>exercise</i> jurisdiction at the period
+mentioned. The President had no authority to give up the boundary
+claimed by Texas; but it is clear that at the time, when war was not
+contemplated, the Administration was of opinion that, till the question
+was definitively settled, the occupancy by the Mexicans of the territory
+adjacent the left bank of the del Norte ought not to be disturbed.
+Neither the subsequent refusal by Mexico to receive a residing Envoy,
+nor the successes of the American arms have affected the question of
+right. The claim of Texas, whether to New Mexico, or to the lower
+portion of the Rio Norte, was identically the same, as invalid and
+groundless in one case as in the other. Why a distinction has been made
+by the Executive has not been stated. The fact is that he has
+established a tempo<span class="pagenum"><a name="Page_22" id="Page_22">[Pg 22]</a></span>rary government for New Mexico, as a country
+conquered, and without any regard to the claim of Texas; whilst, on the
+other hand, he has permitted that State to extend its jurisdiction over
+the country lying on the left bank of the del Norte, which, like New
+Mexico, had been conquered by the arms of the United States. Not a
+shadow of proof has been adduced to sustain the pretensions of Texas to
+that district; and justice imperiously requires that it should by the
+treaty of peace be restored to Mexico.</p>
+
+<p>It so happens that the boundary, which may be traced in conformity with
+this principle, is a natural one, and that, as a measure of expediency,
+none more eligible could have been devised. A desert of one hundred and
+twenty miles separates the most Southwesterly Texan settlements of
+Corpus Christi and San Patricio, from those of the Mexicans, on the left
+bank of the del Norte, than which no boundary could be devised, better
+calculated to prevent collisions hereafter between the two nations. It
+will be sufficient, for that purpose, to draw a nominal line through the
+desert, leaving all the waters that empty into the Rio Norte to Mexico,
+and all those that empty into the Rio Nueces to Texas, together with
+such other provisions, respecting fortifications and military posts, as
+may be necessary for the preservation of peace.</p>
+
+<p>The line of the Rio Norte is one, from which Mexico would be perpetually
+threatened, and from which their adjacent town on the eastern bank may
+be bombarded. Such an intolerable nuisance would perpetuate most hostile
+feelings. With such a narrow river as the Rio del Norte, and with a
+joint right of navigation, repeated collisions would be unavoidable.</p>
+
+<p>Among these, when there was nothing but a fordable river to cross,
+slaves would perpetually escape from Texas: and where would be the
+remedy? Are the United States prepared to impose by a treaty on Mexico,
+where slavery is unknown, the obligation to surrender fugitive slaves?</p>
+
+<p>Mexico is greatly the weaker power, and requires a boundary, which will
+give her as much security as is practicable. It is not required, either
+for the preservation of peace, or for any other legitimate purpose, that
+the United States should occupy a threatening position. It cannot be
+rationally supposed, that Mexico will ever make an aggressive war
+against them; and even in such case, the desert would protect them
+against an invasion. If a war should ever again take place between the
+two countries, the over<span class="pagenum"><a name="Page_23" id="Page_23">[Pg 23]</a></span>whelming superiority of the Navy of the United
+States will enable them to carry on their operations wherever they
+please. They would, within a month, re-occupy the left bank of the Rio
+Norte, and within a short time, effect a landing and carry the war to
+any quarter they pleased.</p>
+
+<p>Must the war be still prosecuted for an object of no intrinsic value, to
+which the United States have no legitimate right, which justice requires
+them to yield, and which even expediency does not require?</p>
+
+
+
+<hr style="width: 65%;" />
+<div><br /><br /></div>
+<h2>VI.&mdash;RECAPITULATION.</h2>
+
+
+<p>It is an indisputable fact, that the annexation of Texas, then at war
+with Mexico, was tantamount to a declaration of war, and that the
+comparative weakness of Mexico alone prevented its Government from
+considering it as such.</p>
+
+<p>Under these circumstances, it was evidently the duty of the United
+States to use every means to soothe and conciliate the Mexicans, and to
+wait with patience for an unconditional recognition of the independence
+of Texas, till the feelings excited by our aggression had subsided.</p>
+
+<p>It has been shown that after Mexico had resorted, as a substitute for
+war, to the harmless suspension of the ordinary diplomatic intercourse,
+the attempt to make it retract that measure, before any negotiations for
+the restoration of harmony between the two countries should be entered
+into, was neither countenanced by the acknowledged law of nations, nor
+necessary for any useful purpose, nor consistent with a proper and just
+sense of the relative position in which the aggressive measure of the
+United States had placed the two countries. But that the refusal of
+Mexico to submit to that additional contumely, should have been
+considered as an insult to the United States, betrays the pride of
+power, rather than a just sense of what is due to the true dignity and
+honor of this nation.</p>
+
+<p>It has been demonstrated, that the republic of Texas had not a shadow of
+right to the territory adjacent to the left bank of the lower portion of
+the Rio Norte; that though she claimed, she never had actually exercised
+jurisdiction over any portion of it; that the Mexicans were the sole
+inhabitants; and in actual possession of that<span class="pagenum"><a name="Page_24" id="Page_24">[Pg 24]</a></span> district; that therefore
+its forcible occupation by the army of the United States was, according
+to the acknowledged law of nations, as well as in fact, an act of open
+hostility and war: that the resistance of the Mexicans to that invasion
+was legitimate; and that therefore the war was unprovoked by them, and
+commenced by the United States.</p>
+
+<p>If any doubt should remain of the correctness of these statements, let
+them be tested by the divine and undeniable precept, "Do unto others as
+you would be done by."</p>
+
+<p>If at this moment France was to contract a treaty of defensive and
+offensive alliance with Mexico, a treaty taking effect immediately, and
+pending the war between the United States and Mexico, and binding
+herself to defend it with all her forces against any and every other
+Power, would not the United States at once consider such a treaty as a
+declaration of war against them?</p>
+
+<p>If, in lieu of declaring war against Great Britain, in the year 1812,
+the United States had only suspended the ordinary diplomatic relations
+between the two countries; and Great Britain had declared that she would
+not enter into any negotiation for the settlement of all the subjects of
+difference between the two countries, unless the United States should,
+as a preliminary condition, restore those relations; would not this have
+been considered as a most insolent demand, and to which the United
+States never would submit?</p>
+
+<p>If the United States were, and had been for more than a century, in
+possession of a tract of country, exclusively inhabited and governed by
+them, disturbed only by the occasional forays of an enemy; would they
+not consider the forcible military invasion and occupation of such a
+district by a third Power, as open and unprovoked war, commenced against
+them? And could their resistance to the invasion render them liable to
+the imputation of having themselves commenced the war?</p>
+
+<p>Yet it would seem as if the splendid and almost romantic successes of
+the American arms had, for a while, made the people of the United States
+deaf to any other consideration than an enthusiastic and exclusive love
+of military glory; as if, forgetting the origin of the war, and with an
+entire disregard for the dictates of justice, they thought that those
+successes gave the nation a right to dismember Mexico, and to
+appropriate to themselves that which did not belong to them.</p>
+
+<p>But I do not despair, for I have faith in our institutions and in<span class="pagenum"><a name="Page_25" id="Page_25">[Pg 25]</a></span> the
+people; and I will now ask them whether this was their mission? and
+whether they were placed by Providence on this continent for the purpose
+of cultivating false glory, and of sinking to the level of those vulgar
+conquerors who have at all times desolated the earth.</p>
+
+
+
+<hr style="width: 65%;" />
+<div><br /><br /></div>
+<h2>VII.&mdash;THE MISSION OF THE UNITED STATES.</h2>
+
+
+<p>The people of the United States have been placed by Providence in a
+position never before enjoyed by any other nation. They are possessed of
+a most extensive territory, with a very fertile soil, a variety of
+climates and productions, and a capacity of sustaining a population
+greater, in proportion to its extent, than any other territory of the
+same size on the face of the globe.</p>
+
+<p>By a concourse of various circumstances, they found themselves, at the
+epoch of their independence, in the full enjoyment of religious, civil,
+and political liberty, entirely free from any hereditary monopoly of
+wealth or power. The people at large were in full and quiet possession
+of all those natural rights, for which the people of other countries
+have for a long time contended, and still do contend. They were, and you
+still are the supreme sovereigns, acknowledged as such by all. For the
+proper exercise of these uncontrolled powers and privileges, you are
+responsible to posterity, to the world at large, and to the Almighty
+Being who has poured on you such unparalleled blessings.</p>
+
+<p>Your mission is, to improve the state of the world, to be the "Model
+Republic," to show that men are capable of governing themselves, and
+that this simple and natural form of government is that also which
+confers most happiness on all, is productive of the greatest development
+of the intellectual faculties, above all, that which is attended with
+the highest standard of private and political virtue and morality.</p>
+
+<p>Your forefathers, the founders of the Republic, imbued with a deep
+feeling of their rights and duties, did not deviate from those
+principles. The sound sense, the wisdom, the probity, the respect for
+public faith, with which the internal concerns of the nation were
+managed, made our institutions an object of general admiration. Here,
+for the first time, was the experiment attempted with<span class="pagenum"><a name="Page_26" id="Page_26">[Pg 26]</a></span> any prospect of
+success, and on a large scale, of a Representative Democratic Republic.
+If it failed, the last hope of the friends of mankind was lost or
+indefinitely postponed; and the eyes of the world were turned towards
+you. Whenever real, or pretended apprehensions of the imminent danger of
+trusting the people at large with power, were expressed, the answer ever
+was, "Look at America!"</p>
+
+<p>In their external relations the United States, before this unfortunate
+war, had, whilst sustaining their just rights, ever acted in strict
+conformity with the dictates of justice, and displayed the utmost
+moderation. They never had voluntarily injured any other nation. Every
+acquisition of territory from Foreign Powers was honestly made, the
+result of Treaties, not imposed, but freely assented to by the other
+party. The preservation of peace was ever a primary object. The recourse
+to arms was always in self defence. On its expediency there may have
+been a difference of opinion; that, in the only two instances of
+conflict with civilized nations which occurred during a period of sixty
+three years, (1783 to 1846), the just rights of the United States had
+been invaded by a long continued series of aggressions, is undeniable.
+In the first instance, war was not declared; and there were only partial
+hostilities between France and England. The Congress of the United
+States, the only legitimate organ of the nation for that purpose, did,
+in 1812, declare war against Great Britain. Independent of depredations
+on our commerce, she had, for twenty years, carried on an actual war
+against the United States. I say, actual war, since there is now but one
+opinion on that subject; a renewal of the impressment of men sailing
+under the protection of our flag would be tantamount to a declaration of
+war. The partial opposition to the war of 1812, did not rest on a denial
+of the aggressions of England and of the justice of our cause, but on
+the fact that, with the exception of impressments, similar infractions
+of our just rights had been committed by France, and on the most
+erroneous belief, that the administration was partial to that country,
+and insincere in their apparent efforts to restore peace.</p>
+
+<p>At present, all these principles would seem to have been abandoned. The
+most just, a purely defensive war, and no other is justifiable, is
+necessarily attended with a train of great and unavoidable evils. What
+shall we say of one, iniquitous in its origin,<span class="pagenum"><a name="Page_27" id="Page_27">[Pg 27]</a></span> and provoked by
+ourselves, of a war of aggression, which is now publicly avowed to be
+one of intended conquest.</p>
+
+<p>If persisted in, its necessary consequences will be, a permanent
+increase of our military establishment and of executive patronage: its
+general tendency, to make man hate man, to awaken his worst passions, to
+accustom him to the taste of blood. It has already demoralized no
+inconsiderable portion of the nation.</p>
+
+<p>The general peace, which has been preserved between the great European
+powers during the last thirty years, may not be ascribed to the purest
+motives. Be these what they may, this long and unusual repose has been
+most beneficial to the cause of humanity. Nothing can be more injurious
+to it, more lamentable, more scandalous, than the war between two
+adjacent republics of North America.</p>
+
+<p>Your mission was, to be a model for all other governments and for all
+other less favored nations, to adhere to the most elevated principles of
+political morality, to apply all your faculties to the gradual
+improvement of your own institutions and social state, and, by your
+example, to exert a moral influence most beneficial to mankind at large.
+Instead of this, an appeal has been made to your worst passions; to
+cupidity, to the thirst of unjust aggrandizement by brutal force; to the
+love of military fame and of false glory; and it has even been tried to
+pervert the noblest feelings of your nature. The attempt is made to make
+you abandon the lofty position which your fathers occupied, to
+substitute for it the political morality and heathen patriotism of the
+heroes and statesmen of antiquity.</p>
+
+<hr style="width: 45%;" />
+
+<p>I have said, that it was attempted to pervert even your virtues.
+Devotedness to country, or patriotism, is a most essential virtue, since
+the national existence of any society depends upon it. Unfortunately,
+our most virtuous dispositions are perverted, not only by our vices and
+selfishness, but also by their own excess. Even the most holy of our
+attributes, the religious feeling, may be perverted from that cause, as
+was but too lamentably exhibited in the persecutions, even unto death,
+of those who were deemed heretics. It is not, therefore, astonishing,
+that patriotism, carried to excess, should also be perverted. In the
+entire devotedness to their country, the people, everywhere and at all
+times, have been too apt to forget the duties imposed upon them by
+justice towards other na<span class="pagenum"><a name="Page_28" id="Page_28">[Pg 28]</a></span>tions. It is against this natural propensity
+that you should be specially on your guard. The blame does not attach to
+those who, led by their patriotic feelings, though erroneous, flock
+around the national standard. On the contrary, no men are more worthy of
+admiration, better entitled to the thanks of their country, than those
+who, after war has once taken place, actuated only by the purest
+motives, daily and with the utmost self-devotedness, brave death and
+stake their own lives in the conflict against the actual enemy. I must
+confess, that I do not extend the same charity to those civilians, who
+coolly and deliberately plunge the country into any unjust or
+unnecessary war.</p>
+
+<p>We should have but one conscience; and most happy would it be for
+mankind, were statesmen and politicians only as honest, in their
+management of the internal or external national concerns, as they are in
+private life. The irreproachable private character of the President, and
+of all the members of his administration, is known and respected. There
+is not one of them who would not spurn with indignation the most remote
+hint that, on similar pretences to those alleged for dismembering
+Mexico, he might be capable of an attempt to appropriate to himself his
+neighbor's farm.</p>
+
+<p>In the total absence of any argument that can justify the war in which
+we are now involved, resort has been had to a most extraordinary
+assertion. It is said, that the people of the United States have an
+hereditary, superiority of race over the Mexicans, which gives them the
+right to subjugate and keep in bondage the inferior nation. This, it is
+also alleged, will be the means of enlightening the degraded Mexicans,
+of improving their social state, and of ultimately increasing the
+happiness of the masses.</p>
+
+<p>Is it compatible with the principle of Democracy, which rejects every
+hereditary claim of individuals, to admit an hereditary superiority of
+races? You very properly deny, that the son can, independent of his own
+merit, derive any right or privilege whatever, from the merit or any
+other social superiority of his father. Can you for a moment suppose,
+that a very doubtful descent from men, who lived one thousand years ago,
+has transmitted to you a superiority over your fellow-men? But the
+Anglo-Saxons were inferior to the Goths, from whom the Spaniards claim
+to be descended; and they were in no respect superior to the Franks and
+to the Burgundians. It is not to their Anglo-Saxon descent, but to a
+variety of causes, among which the subsequent mixture of<span class="pagenum"><a name="Page_29" id="Page_29">[Pg 29]</a></span> Frenchified
+Normans, Angevins and Gascons must not be forgotten, that the English
+are indebted for their superior institutions. In the progressive
+improvement of mankind, much more has been due to religious and
+political institutions, than to races. Whenever the European nations,
+which, from their language, are presumed to belong to the Latin or the
+Sclavonian race, shall have conquered institutions similar to those of
+England, there will be no trace left of the pretended superiority of one
+of those races above the other. At this time, the claim is but a pretext
+for covering and justifying unjust usurpation and unbounded ambition.</p>
+
+<p>But admitting, with respect to Mexico, the superiority of race, this
+confers no superiority of rights. Among ourselves, the most ignorant,
+the most inferior, either in physical or mental faculties, is recognized
+as having equal rights, and he has an equal vote with any one, however
+superior to him in all those respects. This is founded on the immutable
+principle that no one man is born with the right of governing another
+man. He may, indeed, acquire a moral influence over others, and no other
+is legitimate. The same principle will apply to nations. However
+superior the Anglo-American race may be to that of Mexico, this gives
+the Americans no right to infringe upon the rights of the inferior race.
+The people of the United States may rightfully, and will, if they use
+the proper means, exercise a most beneficial moral influence over the
+Mexicans, and other less enlightened nations of America. Beyond this
+they have no right to go.</p>
+
+<p>The allegation that the subjugation of Mexico would be the means of
+enlightening the Mexicans, of improving their social state, and of
+increasing their happiness, is but the shallow attempt to disguise
+unbounded cupidity and ambition. Truth never was or can be propagated by
+fire, and sword, or by any other than purely moral means. By these, and
+by these alone, the Christian religion was propagated, and enabled, in
+less than three hundred years, to conquer idolatry. During the whole of
+that period, Christianity was tainted by no other blood than that of its
+martyrs.</p>
+
+<p>The duties of the people of the United States towards other nations are
+obvious. Never losing sight of the divine precept, "Do to others as you
+would be done by," they have only to consult their own conscience. For
+our benevolent Creator has implanted in the hearts of men the moral
+sense of right and wrong,<span class="pagenum"><a name="Page_30" id="Page_30">[Pg 30]</a></span> and that sympathy for other men, the
+evidences of which are of daily occurrence.</p>
+
+<p>It seems unnecessary to add anything respecting that false glory which,
+from habit and the general tenor of our early education, we are taught
+to admire. The task has already been repeatedly performed, in a far more
+able and impressive manner, than anything I could say on the subject. It
+is sufficient to say that, at this time, neither the dignity or honor of
+the nation demand a further sacrifice of invaluable lives, or even of
+money. The very reverse is the case. The true honor and dignity of the
+nation are inseparable from justice. Pride and vanity alone demand the
+sacrifice. Though so dearly purchased, the astonishing successes of the
+American arms have at least put it in the power of the United States to
+grant any terms of peace, without incurring the imputation of being
+actuated by any but the most elevated motives. It would seem that the
+most proud and vain must be satiated with glory, and that the most
+reckless and bellicose should be sufficiently glutted with human gore.</p>
+
+<p>A more truly glorious termination of the war, a more splendid spectacle,
+an example more highly useful to mankind at large, cannot well be
+conceived, than that of the victorious forces of the United States
+voluntarily abandoning all their conquests, without requiring anything
+else than that which was strictly due to our citizens.</p>
+
+
+
+<hr style="width: 65%;" />
+<div><br /><br /></div>
+<h2>VIII.&mdash;TERMS OF PEACE.</h2>
+
+
+<p>I have said that the unfounded claim of Texas to the territory between
+the Nueces and the Rio Norte, was the greatest impediment to peace. Of
+this there can be no doubt. For if, relinquishing the spirit of military
+conquest, nothing shall be required but the indemnities due to our
+citizens, the United States have only to accept the terms which have
+been offered by the Mexican Government. It consents to yield a territory
+five degrees of latitude, or near 350 miles in breadth, and extending
+from New Mexico to the Pacific. Although the greater part of this is
+quite worthless, yet the portion of California lying between the Sierra
+Neveda and the Pacific, and including the port of San Francisco, is
+certainly worth<span class="pagenum"><a name="Page_31" id="Page_31">[Pg 31]</a></span> much more than the amount of indemnities justly due to
+our citizens. It is only in order to satisfy those claims, that an
+accession of territory may become necessary.</p>
+
+<p>It is not believed that the Executive will favor the wild suggestions of
+a subjugation, or annexation of the whole of Mexico, or of any of its
+interior provinces. And, if I understand the terms offered by Mr. Trist,
+there was no intention to include within the cessions required, the
+Province of New Mexico. But the demand of both Old and New California,
+or of a sea-coast of more than thirteen hundred miles in length (lat.
+23° to 42°), is extravagant and unnecessary. The Peninsula is altogether
+worthless, and there is nothing worth contending for South of San Diego,
+or about lat. 32°.</p>
+
+<p>In saying that, if conquest is not the object of the war, and if the
+pretended claim of Texas to the Rio del Norte shall be abandoned, there
+cannot be any insuperable obstacle to the restoration of peace, it is by
+no means intended to assert that the terms heretofore proposed by either
+party are at this time proper. And I apprehend that the different views
+of the subject entertained by those who sincerely desire a speedy and
+just peace, may create some difficulty. There are some important
+considerations which may become the subject of subsequent arrangements.
+For the present, nothing more is strictly required than to adopt the
+principle of <i>status ante bellum</i>, or, in other words, to evacuate the
+Mexican territory, and to provide for the payment of the indemnities due
+to our citizens. The scruples of those who object to any cession
+whatever of territory, except on terms unacceptable to the Southern
+States, might be removed by a provision, that would only pledge a
+territory sufficient for the purpose, and leave it in the possession of
+the United States until the indemnities had been fully paid.</p>
+
+<p>Was I to listen exclusively to my own feelings and opinions, I would
+say, that, if the propositions which I have attempted to establish are
+correct; if I am not mistaken in my sincere conviction, that the war was
+unprovoked by the Mexicans, and has been one of iniquitous aggression on
+our part; it necessarily follows that, according to the dictates of
+justice, the United States are bound to indemnify them, for having
+invaded their territory, bombarded their towns, and inflicted all the
+miseries of war on a people, who were fighting in defence of their own
+homes. If all this be true, the<span class="pagenum"><a name="Page_32" id="Page_32">[Pg 32]</a></span> United States would give but an
+inadequate compensation for the injuries they have inflicted, by
+assuming the payment of the indemnities justly due to their own
+citizens.</p>
+
+<p>Even if a fair purchase of territory should be convenient to both
+parties, it would be far preferable to postpone it for the present,
+among other reasons, in order that it should not have the appearance of
+being imposed on Mexico. There are also some important considerations,
+to which it may not be improper to call at this time the public
+attention.</p>
+
+<p>Our population may at this time be assumed, as amounting to twenty
+millions. Although the ratio of natural increase has already been
+lessened, from thirty three to about thirty per cent in ten years, the
+deficiency has been, and will probably continue, for a while, to be
+compensated by the prodigious increase of immigration from foreign
+countries. An increase of thirty per cent, would add to our population
+six millions, within ten, and near fourteen millions in twenty years. At
+the rate of only twenty five per cent, it will add five millions in ten,
+and more than eleven millions in twenty years. That the fertile
+uncultivated land, within the limits of the States admitted, or
+immediately admissible in the Union, could sustain three times that
+number is indubitable. But the indomitable energy, the locomotive
+propensities, and all the habits of the settlers of new countries are
+such, that, not even the united efforts of both Governments can or will
+prevent their occupying within twenty if not within ten years, every
+district, as far as the Pacific, and whether within the limits of the
+United States or of Mexico, which shall not have previously been
+actually and <i>bona fide</i> occupied and settled by others. It may be said
+that this is justifiable by Natural Law; that, for the same reason,
+which sets aside the right of discovery, if not followed by actual
+occupation within a reasonable time, the rights of Spain and Mexico have
+been forfeited by their neglect, or inability, during a period of three
+hundred years, to colonize a country, which, during the whole of that
+period, they held undisputed by any other foreign nation. And it may
+perhaps be observed that, had the Government of the United States waited
+for the operation of natural and irresistible causes, these alone would
+have given them, without a war, more than they want at this moment.</p>
+
+<p>However plausible all this may appear, it is nevertheless certain, that
+it will be an acquisition of territory for the benefit of the peo<span class="pagenum"><a name="Page_33" id="Page_33">[Pg 33]</a></span>ple of
+the United States, and in violation of solemn treaties. Not only
+collisions must be avoided, and the renewal of another illicit
+annexation be prevented; but the two countries must coolly consider
+their relative position; and whatever portion of territory, not actually
+settled by the Mexicans, and of no real utility to them, they may be
+disposed to cede, must be acquired by a treaty freely assented to, and
+for a reasonable compensation. But this is not the time for the
+discussion of a proper final arrangement. We must wait till peace shall
+have been restored, and angry feelings shall have subsided. At present
+the only object is Peace, immediate peace, a just peace, and no
+acquisition of territory, but that which may be absolutely necessary for
+effecting the great object in view. The most simple terms, those which
+will only provide for the adjustment of the Texas boundary and for the
+payment of the indemnities due to our citizens, and, in every other
+respect, restore things as they stood before the beginning of
+hostilities, appear to me the most eligible. For that purpose I may be
+permitted to wish, that the discussion of the terms should not be
+embarrassed by the introduction of any other matter. There are other
+considerations, highly important, and not foreign to the great question
+of an extension of territory, but which may, without any inconvenience
+or commitment, be postponed, and should not be permitted to impede the
+immediate termination of this lamentable war.</p>
+
+<p>I have gone farther than I intended. It is said that a rallying point is
+wanted by the friends of peace. Let them unite, boldly express their
+opinions, and use their utmost endeavors in promoting an immediate
+termination of the war. For the people, no other banner is necessary.
+But their representatives in Congress assembled are alone competent to
+ascertain, alone vested with the legitimate power of deciding what
+course should be pursued at this momentous crisis, what are the best
+means for carrying into effect their own views, whatever these may be.
+We may wait with hope and confidence the result of their deliberations.</p>
+
+<hr style="width: 45%;" />
+
+<p>I have tried, in this essay, to confine myself to the questions at issue
+between the United States and Mexico. Whether the Executive has, in any
+respect, exceeded his legitimate powers; whether he is, for any of his
+acts, liable to animadversion, are questions which do not concern
+Mexico.</p>
+
+<p><span class="pagenum"><a name="Page_34" id="Page_34">[Pg 34]</a></span>There are certainly some doubtful assumptions of power, and some points
+on which explanations are necessary. The most important is the reason,
+which may have induced the President, when he considered the war as
+necessary and almost unavoidable, not to communicate to Congress, which
+was all that time in session, the important steps he had taken, till
+after hostilities, and indeed actual war had taken place. The
+substitution, for war contributions, of an arbitrary and varying tariff,
+appears to me to be of a doubtful nature; and it is hoped, that the
+subject will attract the early attention of Congress. I am also clearly
+of opinion, that the provisions of the law respecting volunteers, which
+authorizes them to elect their officers, is a direct violation of the
+constitution of the United States, which recognizes no other land force
+than the army and the militia, and which vests in the President and
+Senate the exclusive power of appointing all the officers of the United
+States, whose appointments are not otherwise provided for in the
+constitution itself. (With respect to precedents, refer to the act of
+July 6th, 1812, chap. 461, (cxxxviii.) enacted with due deliberation,
+and which repeals, in that respect, the act on same subject of February
+6th, 1812.)</p>
+
+
+<div><br /><br /><br /><br /></div>
+
+<p class="notes">
+Transcriber's Note:<br />
+<br />
+Page 10: Changed adequte to adequate<br />
+Page 28: Changed oppropriate to appropriate<br />
+</p>
+
+<p>&nbsp;</p>
+<hr class="full" />
+<p>***END OF THE PROJECT GUTENBERG EBOOK PEACE WITH MEXICO***</p>
+<p>******* This file should be named 32192-h.txt or 32192-h.zip *******</p>
+<p>This and all associated files of various formats will be found in:<br />
+<a href="http://www.gutenberg.org/dirs/3/2/1/9/32192">http://www.gutenberg.org/3/2/1/9/32192</a></p>
+<p>Updated editions will replace the previous one--the old editions
+will be renamed.</p>
+
+<p>Creating the works from public domain print editions means that no
+one owns a United States copyright in these works, so the Foundation
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diff --git a/32192.txt b/32192.txt
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+The Project Gutenberg eBook, Peace with Mexico, by Albert Gallatin
+
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+
+
+
+Title: Peace with Mexico
+
+
+Author: Albert Gallatin
+
+
+
+Release Date: April 30, 2010  [eBook #32192]
+
+Language: English
+
+Character set encoding: ISO-646-US (US-ASCII)
+
+
+***START OF THE PROJECT GUTENBERG EBOOK PEACE WITH MEXICO***
+
+
+E-text prepared by Julia Miller, Joseph R. Hauser, and the Project
+Gutenberg Online Distributed Proofreading Team (http://www.pgdp.net) from
+page images generously made available by Internet Archive/American
+Libraries (http://www.archive.org/details/americana)
+
+
+
+Note: Images of the original pages are available through
+      Internet Archive/American Libraries. See
+      http://www.archive.org/details/peacewithmexicob00gallrich
+
+
+
+
+
+PEACE WITH MEXICO.
+
+by
+
+ALBERT GALLATIN.
+
+
+
+
+
+
+
+Bartlett & Welford:
+No. 7 Astor House, New York.
+
+
+
+
+I.--THE LAW OF NATIONS.
+
+
+It seems certain that Mexico must ultimately submit to such terms of
+peace as the United States shall dictate. An heterogeneous population of
+seven millions, with very limited resources and no credit; distracted by
+internal dissensions, and by the ambition of its chiefs, a prey by turns
+to anarchy and to military usurpers; occupying among the nations of the
+civilized world, either physically or mentally, whether in political
+education, social state, or any other respect, but an inferior position;
+cannot contend successfully with an energetic, intelligent, enlightened
+and united nation of twenty millions, possessed of unlimited resources
+and credit, and enjoying all the benefits of a regular, strong, and free
+government. All this was anticipated; but the extraordinary successes of
+the Americans have exceeded the most sanguine expectations. All the
+advanced posts of the enemy, New Mexico, California, the line of the
+lower Rio Norte, and all the sea ports, which it was deemed necessary to
+occupy, have been subdued. And a small force, apparently incompetent to
+the object, has penetrated near three hundred miles into the interior,
+and is now in quiet possession of the far-famed metropolis of the
+Mexican dominions. The superior skill and talents of our distinguished
+generals, and the unparalleled bravery of our troops, have surmounted
+all obstacles. By whomsoever commanded on either side; however strong
+the positions and fortifications of the Mexicans, and with a tremendous
+numerical superiority, there has not been a single engagement, in which
+they have not been completely defeated. The most remarkable and
+unexpected feature of that warfare is, that volunteers, wholly
+undisciplined in every sense of the word, have vied in devotedness and
+bravery with the regular forces, and have proved themselves, in every
+instance, superior in the open field to the best regular forces of
+Mexico. These forces are now annihilated or dispersed; and the Mexicans
+are reduced to a petty warfare of guerillas which, however annoying,
+cannot be productive of any important results.
+
+It is true, that these splendid successes have been purchased at a price
+far exceeding their value. It is true that, neither the glory of these
+military deeds, nor the ultimate utility of our conquests can
+compensate the lamentable loss of the many thousand valuable lives
+sacrificed in the field, of the still greater number who have met with
+an obscure death, or been disabled by disease and fatigue. It is true
+that their relatives, their parents, their wives and children find no
+consolation, for the misery inflicted upon them, in the still greater
+losses experienced by the Mexicans. But if, disregarding private
+calamities and all the evils of a general nature, the necessary
+consequences of this war, we revert solely to the relative position of
+the two countries, the impotence of the Mexicans and their total
+inability to continue the war, with any appearance of success, are still
+manifest.
+
+The question then occurs: What are the terms which the United States
+have a right to impose on Mexico? All agree that it must be an
+"honorable peace;" but the true meaning of this word must in the first
+place be ascertained.
+
+The notion, that anything can be truly honorable which is contrary to
+justice, will, as an abstract proposition, be repudiated by every
+citizen of the United States. Will any one dare to assert, that a peace
+can be honorable, which does not conform with justice?
+
+There is no difficulty in discovering the principles by which the
+relations between civilized and Christian nations should be regulated,
+and the reciprocal duties which they owe to each other. These
+principles, these duties have long since been proclaimed; and the true
+law of nations is nothing else than the conformity to the sublime
+precepts of the Gospel morality, precepts equally applicable to the
+relations between man and man, and to the intercourse between nation and
+nation. "Thou shalt love thy neighbor as thyself." "Love your enemies."
+"As you would that men should do to you, do ye also to them likewise."
+The sanctity of these commands is acknowledged, without a single
+exception, by every denomination of Christians, or of men professing to
+be such. The sceptical philosopher admits and admires the precept. To
+this holy rule we should inflexibly adhere when dictating the terms of
+peace. The United States, though they have the power, have no right to
+impose terms inconsistent with justice. It would be a shameful
+dereliction of principle, on the part of those who were averse to the
+annexation of Texas, to countenance any attempt to claim an acquisition
+of territory, or other advantage, on account of the success of our
+arms.
+
+But in judging the acts of our Government, it must be admitted that
+statesmen think a conformity to these usages which constitute the law of
+nations, not as it should be, but as it is practically, sufficient to
+justify their conduct. And by that inferior standard, those acts and our
+duties in relation to Mexico will be tested.
+
+
+
+
+II.--INDEMNITIES TO CITIZENS OF THE UNITED STATES.
+
+
+The United States had, and continue to have, an indubitable right to
+demand a full indemnity, for any wrongs inflicted on our citizens by the
+Government of Mexico, in violation of treaties or of the acknowledged
+law of nations. The negotiations for satisfying those just demands, had
+been interrupted by the annexation of Texas. When an attempt was
+subsequently made to renew them, it was therefore just and proper, that
+both subjects should be discussed at the same time: and it is now
+absolutely necessary, that those just claims should be fully provided
+for, in any treaty of peace that may be concluded, and that the payment
+should be secured against any possible contingency. I take it for
+granted that no claims have been, or shall be sustained by our
+Government, but such as are founded on treaties or the acknowledged law
+of nations.
+
+Whenever a nation becomes involved in war, the manifestoes, and every
+other public act issued for the purpose of justifying its conduct,
+always embrace every ground of complaint which can possibly be alleged.
+But admitting, that the refusal to satisfy the claims for indemnity of
+our citizens might have been a just cause of war, it is most certain,
+that those claims were not the cause of that in which we are now
+involved.
+
+It may be proper, in the first place, to observe, that the refusal of
+doing justice, in cases of this kind, or the long delays in providing
+for them, have not generally produced actual war. Almost always long
+protracted negotiations have been alone resorted to. This has been
+strikingly the case with the United States. The claims of Great Britain
+for British debts, secured by the treaty of 1783, were not settled and
+paid till the year 1803; and it was only subsequent to that year, that
+the claims of the United States, for depredations committed in 1793,
+were satisfied. The very plain question of slaves, carried away by the
+British forces in 1815, in open violation of the treaty of 1814, was not
+settled and the indemnity paid till the year 1826. The claims against
+France for depredations, committed in the years 1806 to 1813, were not
+settled and paid for till the year 1834. In all those cases, peace was
+preserved by patience and forbearance.
+
+With respect to the Mexican indemnities, the subject had been laid more
+than once before Congress, not without suggestions that strong measures
+should be resorted to. But Congress, in whom alone is vested the power
+of declaring war, uniformly declined doing it.
+
+A convention was entered into on the 11th of April, 1839, between the
+United States and Mexico, by virtue of which a joint commission was
+appointed for the examination and settlement of those claims. The powers
+of the Commissioners terminated, according to the convention, in
+February, 1842. The total amount of the American claims, presented to
+the commission, amounted to 6,291,605 dollars. Of these, 2,026,140
+dollars were allowed by the commission; a further sum of 928,628 dollars
+was allowed by the commissioners of the United States, rejected by the
+Mexican commissioners, and left undecided by the umpire, and claims
+amounting to 3,336,837 dollars had not been examined.
+
+A new convention, dated January 30, 1843, granted to the Mexicans a
+further delay for the payment of the claims which had been admitted, by
+virtue of which the interest due to the claimants was made payable on
+the 30th April, 1843, and the principal of the awards, and the interest
+accruing thereon, was stipulated to be paid in five years, in twenty
+equal instalments every three months. The claimants received the
+interest due on the 30th April, 1843, and the three first instalments.
+The agent of the United States having, under peculiar circumstances,
+given a receipt for the instalments due in April and July, 1844, before
+they had been actually paid by Mexico, the payment has been assumed by
+the United States and discharged to the claimants.
+
+A third convention was concluded at Mexico on the 20th November, 1843,
+by the Plenipotentiaries of the two Governments, by which provision was
+made for ascertaining and paying the claims, on which no final decision
+had been made. In January, 1844, this convention was ratified by the
+Senate of the United States, with two amendments, which were referred
+to the Government of Mexico, but respecting which no answer has ever
+been made. On the 12th of April, 1844, a treaty was concluded by the
+President with Texas, for the annexation of that republic to the United
+States. This treaty, though not ratified by the Senate, placed the two
+countries in a new position, and arrested for a while all negotiations.
+It was only on the 1st of March, 1845, that Congress passed a joint
+resolution for the annexation.
+
+It appears most clearly, that the United States are justly entitled to a
+full indemnity for the injuries done to their citizens; that, before the
+annexation of Texas, there was every prospect of securing that
+indemnity; and that those injuries, even if they had been a just cause
+for war, were in no shape whatever the cause of that in which we are now
+involved.
+
+Are the United States justly entitled to indemnity for any other cause?
+This question cannot be otherwise solved, than by an inquiry into the
+facts, and ascertaining by whom, and how, the war was provoked.
+
+
+
+
+III.--ANNEXATION OF TEXAS.
+
+
+At the time when the annexation of Texas took place, Texas had been
+recognized as an independent power, both by the United States and by
+several of the principal European powers; but its independence had not
+been recognized by Mexico, and the two contending parties continued to
+be at war. Under those circumstances, there is not the slightest doubt
+that the annexation of Texas was tantamount to a declaration of war
+against Mexico. Nothing can be more clear and undeniable than that,
+whenever two nations are at war, if a third Power shall enter into a
+treaty of alliance, offensive and defensive, with either of the
+belligerents, and if such treaty is not contingent, and is to take
+effect immediately and pending the war, such treaty is a declaration of
+war against the other party. The causes of the war between the two
+belligerents do not alter the fact. Supposing that the third party, the
+interfering Power, should have concluded the treaty of alliance with
+that belligerent who was clearly engaged in a most just war, the treaty
+would not be the less a declaration of war against the other
+belligerent.
+
+If Great Britain and France were at war, and the United States were to
+enter into such a treaty with either, can there be the slightest doubt
+that this would be actual war against the other party? that it would be
+considered as such, and that it must have been intended for that
+purpose? If at this moment, either France or England were to make such a
+treaty with Mexico, thereby binding themselves to defend and protect it
+with all their forces against any other Power whatever, would not the
+United States instantaneously view such a treaty as a declaration of
+war, and act accordingly?
+
+But the annexation of Texas, by the United States, was even more than a
+treaty of offensive and defensive alliance. It embraced all the
+conditions and all the duties growing out of the alliance; and it
+imposed them forever. From the moment when Texas had been annexed, the
+United States became bound to protect and defend her, so far as her
+legitimate boundaries extended, against any invasion, or attack, on the
+part of Mexico: and they have uniformly acted accordingly.
+
+There is no impartial publicist that will not acknowledge the
+indubitable truth of these positions: it appears to me impossible, that
+they should be seriously denied by a single person.
+
+It appears that Mexico was at that time disposed to acknowledge the
+independence of Texas, but on the express condition, that it should not
+be annexed to the United States; and it has been suggested, that this
+was done under the influence of some European Powers. Whether this last
+assertion be true or not, is not known to me. But the condition was
+remarkable and offensive.
+
+Under an apprehension that Texas might be tempted to accept the terms
+proposed, the Government of the United States may have deemed it
+expedient to defeat the plan, by offering that annexation, which had
+been formerly declined, when the Government of Texas was anxious for it.
+
+It may be admitted that, whether independent or annexed to the United
+States, Texas must be a slave-holding state, so long as slavery shall
+continue to exist in North America. Its whole population, with hardly
+any exception, consisted of citizens of the United States. Both for that
+reason, and on account of its geographical position, it was much more
+natural, that Texas should be a member of the United States, than of the
+Mexican Confederation. Viewed purely as a question of expediency, the
+annexation might be considered as beneficial to both parties. But
+expediency is not justice. Mexico and Texas had a perfect right to
+adjust their differences and make peace, on any terms they might deem
+proper. The anxiety to prevent this result indicated a previous
+disposition ultimately to occupy Texas: and when the annexation was
+accomplished; when it was seen, that the United States had appropriated
+to themselves all the advantages resulting from the American settlements
+in Texas, and from their subsequent insurrection; the purity of the
+motives of our Government became open to suspicion.
+
+Setting aside the justice of the proceeding, it is true that it had been
+anticipated, by those who took an active part in the annexation, that
+the weakness of Mexico would compel it to yield, or at least induce her
+not to resort to actual war. This was verified by the fact: and had
+Government remained in the hands with whom the plan originated, war
+might probably have been avoided. But when no longer in power, they
+could neither regulate the impulse they had given, nor control the
+reckless spirits they had evoked.
+
+Mexico, sensible of her weakness, declined war, and only resorted to a
+suspension of diplomatic intercourse; but a profound sense of the injury
+inflicted by the United States has ever since rankled in their minds. It
+will be found, through all their diplomatic correspondence, through all
+their manifestoes, that the Mexicans, even to this day, perpetually
+recur to this never-forgotten offensive measure. And, on the other hand,
+the subsequent administration of our Government seems to have altogether
+forgotten this primary act of injustice, and, in their negotiations, to
+have acted as if this was only an accomplished fact, and had been a
+matter of course.
+
+
+
+
+IV.--NEGOTIATIONS AND WAR.
+
+
+In September, 1845, the President of the United States directed their
+consul at Mexico to ascertain from the Mexican Government, whether it
+would receive an _Envoy_ from the United States, intrusted with full
+power to adjust all the questions in dispute between the two
+Governments.
+
+The answer of Mr. De la Pena y Pena, Minister of the Foreign Relations
+of Mexico, was, "That although the Mexican nation was deeply injured by
+the United States, through the acts committed by them in the department
+of Texas, which belongs to his nation, his Government was disposed to
+receive the _Commissioner_ of the United States who might come to the
+capital, with full powers from his Government to settle the present
+dispute in a peaceful, reasonable and honorable manner;" thus giving a
+new proof that, even in the midst of its injuries and of its firm
+decision to exact adequate reparation for them, the Government of Mexico
+does not reply with contumely to the measures of reason and peace to
+which it was invited by its adversary.
+
+The Mexican Minister at the same time intimated, that the previous
+recall of the whole Naval force of the United States, then lying in
+sight of the port of Vera Cruz, was indispensable; and this was
+accordingly done by our Government.
+
+But it is essential to observe that, whilst Mr. Black had, according to
+his instructions, inquired, whether the Mexican Government would receive
+an _Envoy_ from the United States, with full power to adjust all the
+questions in dispute between the two Governments, the Mexican Minister
+had answered, that his Government was disposed to receive the
+_Commissioner_ of the United States, who might come with full powers to
+settle the present dispute in a peaceful, reasonable and honorable
+manner.
+
+Mr. Slidell was, in November following, appointed Envoy Extraordinary
+and Minister Plenipotentiary of the United States of America near the
+Government of the Mexican Republic; and he arrived in Mexico on the
+sixth of December.
+
+Mr. Herrera, the President of Mexico, was undoubtedly disposed to settle
+the disputes between the two countries. But taking advantage of the
+irritation of the mass of the people, his political opponents were
+attempting to overset him for having made, as they said, unworthy
+concessions. The arrival of Mr. Slidell disturbed him extremely; and Mr.
+Pena y Pena declared to Mr. Black, that his appearance in the capital at
+this time might prove destructive to the Government, and thus defeat the
+whole affair. Under these circumstances General Herrera complained,
+without any foundation, that Mr. Slidell had come sooner than had been
+understood; he resorted to several frivolous objections against the
+tenor of his powers; and he intimated that the difficulties respecting
+Texas must be adjusted before any other subject of discussion should be
+taken into consideration.
+
+But the main question was, whether Mexico should receive Mr. Slidell in
+the character of Envoy Extraordinary and Minister Plenipotentiary, to
+reside in the republic. It was insisted by the Mexican Government, that
+it had only agreed to receive a commissioner, to treat on the questions
+which had arisen from the events in Texas; and that until this was done,
+the suspended diplomatic intercourse could not be restored, and a
+residing minister plenipotentiary be admitted.
+
+Why our Government should have insisted, that the intended negotiation
+should be carried on by a residing Envoy Extraordinary and Minister
+Plenipotentiary, is altogether unintelligible. The questions at issue
+might have been discussed and settled as easily, fully and
+satisfactorily, by commissioners appointed for that special purpose, as
+by residing ministers or envoys. It is well known that whenever
+diplomatic relations have been superseded by war, treaties of peace are
+always negotiated by commissioners appointed for that special purpose,
+who are personally amply protected by the law of nations, but who are
+never received as resident ministers, till after the peace has restored
+the ordinary diplomatic intercourse. Thus the treaty of peace of 1783,
+between France and England, was negotiated and concluded at Paris by
+British commissioners, whom it would have been deemed absurd to admit as
+resident envoys or ministers, before peace had been made.
+
+The only distinction which can possibly be made between the two cases
+is, that there was not as yet actual war between Mexico and the United
+States. But the annexation of Texas was no ordinary occurrence. It was a
+most clear act of unprovoked aggression; a deep and most offensive
+injury; in fact, a declaration of war, if Mexico had accepted it as
+such. In lieu of this, that country had only resorted to a suspension of
+the ordinary diplomatic relations. It would seem as if our Government
+had considered this as an act of unparalleled audacity, which Mexico
+must be compelled to retract, before any negotiations for the
+arrangement of existing difficulties could take place; as an insult to
+the Government and to the nation, which must compel it to assert its
+just rights and _to avenge its injured honor_.
+
+General Herrera was not mistaken in his anticipations. His government
+was overset in the latter end of the month of December, 1845, and fell
+into the hands of those who had denounced him for having listened to
+overtures of an arrangement of the difficulties between the two nations.
+
+When Mexico felt its inability to contend with the United States; and,
+instead of considering the annexation of Texas to be, as it really was,
+tantamount to a declaration of war, only suspended the ordinary
+diplomatic relations between the two countries, its Government, if
+directed by wise counsels, and not impeded by popular irritation, should
+at once, since it had already agreed to recognize the independence of
+Texas, have entered into a negotiation with the United States. At that
+time there would have been no intrinsic difficulty in making a final
+arrangement founded on an unconditional recognition of the independence
+of Texas, within its legitimate boundaries. Popular feeling and the
+ambition of contending military leaders, prevented that peaceable
+termination of those unfortunate dissensions.
+
+Yet, when Mexico refused to receive Mr. Slidell as an Envoy
+Extraordinary and Minister Plenipotentiary, the United States should
+have remembered, that we had been the aggressors, that we had committed
+an act acknowledged, as well by the practical law of nations, as by
+common sense and common justice, to be tantamount to a declaration of
+war; and they should have waited with patience, till the feelings
+excited by our own conduct had subsided.
+
+General Taylor had been instructed by the War Department, as early as
+May 28, 1845, to cause the forces under his command to be put into a
+position where they might most promptly and efficiently act in defence
+of Texas, in the event that it should become necessary or proper to
+employ them for that purpose. By subsequent instructions, and after the
+people of Texas had accepted the proposition of annexation, he was
+directed to select and occupy a position adapted to repel invasion, as
+near the boundary line, the Rio Grande, as prudence would dictate; and
+that, with this view, a part of his forces at least should be west of
+the river Nueces. It was certainly the duty of the President to protect
+Texas against invasion, from the moment it had been annexed to the
+United States; and as that republic was in actual possession of Corpus
+Christi, which was the position selected by General Taylor, there was
+nothing, in the position he had taken, indicative of any danger of
+actual hostilities.
+
+But our Government seems to have considered the refusal, on the part of
+Mexico, to receive Mr. Slidell as a resident Envoy of the United States,
+as necessarily leading to war. The Secretary of State, in his letter to
+Mr. Slidell of January 28, 1846, says:--"Should the Mexican Government
+finally refuse to receive you, the cup of forbearance will then have
+been exhausted. Nothing can remain but to take the redress of the
+injuries to our citizens, and the insults to our Government, into our
+own hands." And again, "Should the Mexican Government finally refuse to
+receive you, then demand passports from the proper authority, and return
+to the United States. It will then become the duty of the President to
+submit the whole case to Congress, and call upon the nation to assert
+its just rights, and avenge its injured honor."
+
+With the same object in view, the Secretary of War did, by his letter
+dated January 13, 1846, instruct General Taylor "to advance and occupy,
+with the troops under his command, positions on or near the east bank of
+the Rio del Norte.... It is presumed Point Isabel will be considered by
+you an eligible position. This point, or some one near it, and points
+opposite Matamoras and Mier, and in the vicinity of Laredo, are
+suggested for your consideration.... Should you attempt to exercise the
+right, which the United States have in common with Mexico, to the free
+navigation of this river, it is probable that Mexico would interpose
+resistance. You will not attempt to enforce this right without further
+instructions.... It is not designed, in our present relations with
+Mexico, that you should treat her as an enemy; but, should she assume
+that character by a declaration of war, or any open act of hostility
+towards us, you will not act merely on the defensive if your relative
+means enable you to do otherwise."
+
+The administration was therefore of opinion, that this military
+occupation of the territory in question was not an act of hostility,
+towards Mexico, or treating her as an enemy. Now, I do aver, without
+fear of contradiction, that whenever a territory claimed by two powers
+is, and has been for a length of time in the possession of one of them,
+if the other should invade and take possession of it by a military
+force, such an act is an open act of hostility according to the
+acknowledged and practical law of nations. In this case the law of
+nations only recognizes a clear and positive fact.
+
+The sequel is well known. General Taylor, with his troops, left Corpus
+Christi, March 8th to 11th, 1846, and entered the desert which
+separates that place from the vicinity of the del Norte. On the 21st he
+was encamped three miles south of the Arroyo, or Little Colorado, having
+by the route he took marched 135 miles, and being nearly north of
+Matamoras about thirty miles distant. He had on the 19th met a party of
+irregular Mexican cavalry, who informed him that they had peremptory
+orders, if he passed the river, to fire upon his troops, and that it
+would be considered a declaration of war. The river was however crossed
+without a single shot having been fired. In a proclamation issued on the
+12th, General Mejia, who commanded the forces of the Department of
+Tamaulipas, asserts, that the limits of Texas are certain and
+recognized, and never had extended beyond the river Nueces, that the
+cabinet of the United States coveted the regions on the left bank of the
+Rio Bravo, and that the American army was now advancing to take
+possession of a large part of Tamaulipas. On the 24th March General
+Taylor reached a point on the route from Matamoras to Point Isabel,
+eighteen miles from the former, and ten from the latter place, where a
+deputation sent him a formal Protest of the Prefect of the Northern
+District of the Department of Tamaulipas, declaring, in behalf of the
+citizens of the district, that they never will consent to separate
+themselves from the Mexican Republic, and to unite themselves with the
+United States. On the 12th of April, the Mexican General, Ampudia,
+required General Taylor to break up his camp within twenty-four hours,
+and to retire to the other bank of the Nueces river, and notified him
+that, if he insisted in remaining upon the soil of the Department of
+Tamaulipas, it would clearly result that arms alone must decide the
+question; in which case, he declared that the Mexicans would accept the
+war to which they had been provoked. On the 24th of April, General
+Arista arrived in Matamoras, and on the same day, informed General
+Taylor, that he considered hostilities commenced, and would prosecute
+them. On the same day, a party of sixty-three American dragoons, who had
+been sent some distance up the left bank of the river, became engaged
+with a very large force of the enemy, and after a short affair, in which
+about sixteen were killed or wounded, were surrounded and compelled to
+surrender. These facts were laid before Congress by the President in his
+message of the 11th of May.
+
+
+
+
+V.--THE CLAIM OF TEXAS TO THE RIO DEL NORTE, AS ITS BOUNDARY, EXAMINED.
+
+
+From what precedes it appears, that the Government of the United States
+considered the refusal of Mexico to receive a resident Envoy, or
+minister as a sufficient cause for war; and the Rio del Norte as the
+legitimate boundary of Texas. The first opinion is now of no importance;
+but the question of boundary, which was the immediate cause of
+hostilities, has to this day been the greatest impediment to the
+restoration of peace. I feel satisfied, that if this was settled, there
+would be no insuperable difficulty in arranging other pretensions.
+
+The United States claim no other portion of the Mexican dominions,
+unless it be by right of conquest. The tract of country between the Rio
+Nueces and the del Norte, is the only one, which has been claimed by
+both parties, as respectively belonging either to Texas or to Mexico. As
+regards every other part of the Mexican possessions, the United States
+never had claimed any portion of it. The iniquity of acquiring any
+portion of it, otherwise than by fair compact freely consented to by
+Mexico, is self-evident. It is, in every respect, most important to
+examine the grounds on which the claim of the United States to the only
+territory claimed by both nations is founded. It is the main question at
+issue.
+
+The Republic of Texas did, by an act of December 1836, declare the Rio
+del Norte to be its boundary. It will not be seriously contended, that a
+nation has a right, by a law of its own, to determine what is or shall
+be the boundary between it and another country. The act was nothing more
+than the expression of the wishes or pretensions of the Government. Its
+only practical effect was that, emanating from its Congress or
+legislative body, it made it imperative on the Executive, not to
+conclude any peace with Mexico, unless that boundary was agreed to. As
+regards right, the act of Texas is a perfect nullity. We want the
+arguments and documents by which the claim is sustained.
+
+On a first view the pretension is truly startling. There is no
+exception: the Rio Norte from its source to its mouth is declared to be
+the rightful boundary of Texas. That river has its source within the
+department, province, or state of New Mexico, which it traverses through
+its whole length from north to south, dividing it into two unequal
+parts. The largest and most populous, including Santa Fe, the capital,
+lies on the left bank of the river, and is therefore embraced within the
+claim of Texas. Now this province of New Mexico was first visited and
+occupied by the Spaniards under Vasquez Coronado, in the years 1540 to
+1542. It was at that time voluntarily evacuated, subsequently
+re-visited, and some settlements made about the year 1583: finally
+conquered in 1595 by the Spaniards, under the command of Onate. An
+insurrection of the Indians drove away the Spaniards in the year 1680.
+They re-entered it the ensuing year, and after a long resistance
+re-conquered it. This was an internal conflict with the Aborigines; but
+as related to foreign powers, the sovereignty of the Spaniards over the
+territory was never called in question; and it was, in express terms,
+made the western boundary of Louisiana in the Royal Charter of the
+French Government.
+
+The conquest of the province by Onate, took place five-and-twenty years
+prior to the landing of the Pilgrims in New England, and twelve years
+before any permanent settlement had been made in North America, on the
+shores of the Atlantic, by either England, France, Holland, Sweden, or
+any other power, but that in Florida by Spain herself.
+
+I have in vain sought for any document, emanating from the Republic or
+State of Texas, for the purpose of sustaining its claim either to New
+Mexico or to the country bordering on the lower portion of the del
+Norte. The only official papers within my reach, in which the claim of
+Texas is sustained, are the President's messages of May 11 and Dec. 3rd,
+1846; and these refer only to the country bordering on the lower part of
+the del Norte. The portion of the message of May 11th, 1846, relating to
+that subject, is as follows: "Meantime Texas, by the final action of our
+Congress, had become an integral part of our Union. The Congress of
+Texas, by its act of December 19, 1836, had declared the Rio del Norte
+to be the boundary of that republic. Its jurisdiction had been extended
+and exercised beyond the Nueces. The country between that river and the
+del Norte had been represented in the Congress and in the Convention of
+Texas; had thus taken part in the act of annexation itself; and is now
+included within one of our congressional districts. Our own Congress
+had, moreover, with great unanimity, by the act approved December 31,
+1845, recognized the country beyond the Nueces as a part of our
+territory, by including it within our own revenue system; and a revenue
+officer, to reside within that district, has been appointed, by and with
+the advice and consent of the Senate. It became, therefore, of urgent
+necessity to provide for the defence of that portion of our country.
+Accordingly, on the 13th of January last, instructions were issued to
+the general in command of these troops to occupy the left bank of the
+del Norte....
+
+The movement of the troops to the del Norte was made by the commanding
+general, under positive instructions to abstain from all aggressive acts
+towards Mexico or Mexican citizens, and to regard the relations between
+that Republic and the United States as peaceful, unless she should
+declare war, or commit acts of hostility indicative of a state of war.
+He was specially directed to protect private property, and respect
+personal rights."
+
+In his annual message of December 8, 1846, the President states that
+Texas, as ceded to the United States by France in 1803, has been always
+claimed as extending west to the Rio Grande; that this fact is
+established by declarations of our Government during Mr. Jefferson's and
+Mr. Monroe's administrations; and that the Texas which was ceded to
+Spain by the Florida treaty of 1819, embraced all the country now
+claimed by the State of Texas between the Nueces and the Rio Grande.
+
+He then repeats the Acts of Texas with reference to their boundaries;
+stating that "during a period of more than nine years, which intervened
+between the adoption of her constitution and her annexation as one of
+the States of our Union, Texas asserted and exercised many acts of
+sovereignty and jurisdiction over the territory and inhabitants west of
+the Nueces; such as organizing and defining limits of counties extending
+to the Rio Grande; establishing courts of justice, and extending her
+judicial system over the territory; establishing also a custom-house,
+post-offices, a land-office, &c."
+
+The President designates by the name of _Texas_, the cession of
+Louisiana by France to the United States; and he again calls the
+territory ceded to Spain by the Florida treaty of 1819, _the Texas_. He
+intimates that the claim of the United States to the territory between
+the Sabine and the Rio Norte, was derived from the boundaries of Texas,
+and that by claiming as far west as this river, the United States did
+recognize that it was the boundary of _the Texas_. I really do not
+understand what is meant by this assertion.
+
+The United States claimed the Rio Norte as being the legitimate boundary
+of _Louisiana_, and not of Texas. Neither they nor France had ever been
+in possession of the country beyond the Sabine. Spain had always held
+possession, and had divided the territory into provinces as she pleased.
+One of these was called Texas, and its boundaries had been designated
+and altered at her will. With these the United States had no concern. If
+their claim could be sustained, it must be by proving that Louisiana
+extended of right thus far. This had no connection with the boundaries
+which Spain might have assigned to her province of Texas. These might
+have extended beyond the Rio del Norte, or have been east of the Rio
+Nueces. There is not the slightest connection between the legitimate
+boundaries of Louisiana, and those of the Spanish province of Texas. The
+presumed identity is a mere supposition.
+
+It is not necessary to discuss the soundness of the pretensions to the
+Rio Norte, asserted by Mr. Jefferson and Mr. Monroe, since they were
+yielded in exchange of Florida and some other objects by the treaty of
+1819; a treaty extremely popular at the time, and the execution of which
+was pressed with great zeal and perseverance.
+
+Whenever ultimately ceded to Mexico, that republic fixed its boundaries
+as it thought proper. Texas and Cohahuila were declared to form a state;
+and the Rio Nueces was, made the boundary of Texas. When Texas declared
+itself independent, it was the insurrection of only part of a state; for
+Cohahuila remained united to Mexico. But the Rio Nueces was the boundary
+between the department of Texas and the state of Tamaulipas. The whole
+contested territory lies within the limits of Tamaulipas, which never
+was, under the Mexican Government, connected in any shape with Texas.
+
+The question now under consideration is only that between the United
+States and Mexico; and in that view of the subject, it is quite
+immaterial whether the acts of the United States emanated from Congress,
+or from the Executive. No act of either, recognizing the country beyond
+the Nueces, as a part of the territory of the United States, can be
+alleged against Mexico, as a proof of their right to the country thus
+claimed. Any such act is only an assertion, a declaration, but not an
+argument sustaining the right. It is, however, proper to observe here,
+that the port of delivery west of the Nueces, erected by the act of
+Congress "To establish a collection district in the state of Texas," was
+at Corpus Christi, a place which was in the actual possession of that
+state.
+
+It must also be premised that, in the joint resolution for the
+annexation of Texas, the question of the boundary between it and Mexico
+was expressly reserved, as one which should be settled by treaty between
+the United States and Mexico.
+
+The only arguments in the President's message, which sustain the right
+of Texas to territory beyond the Nueces, are contained in those
+passages, in which it is asserted, that the jurisdiction of Texas had
+been extended and exercised beyond the Nueces: that the country between
+that river and the del Norte had been represented in the Congress and
+Convention of Texas, had taken part in the annexation itself, and was
+now included within one of our congressional districts.
+
+But it is not stated in the President's message, how far beyond the
+Nueces, the jurisdiction of Texas had been extended, nor what part of
+the country between that river and the del Norte had been represented in
+the Congress and convention of Texas, and was then included within one
+of our congressional districts.
+
+Now the actual jurisdiction beyond the Nueces never extended farther
+than the adjacent settlement of San Patricio, consisting of about twenty
+families. That small district, though beyond the Nueces, was contiguous
+to, and in the actual possession of Texas. On this account it might be
+rightfully included within the limits, which we were bound to protect
+against Mexican invasion.
+
+But what was the country between this small settlement of San Patricio,
+or between Corpus Christi and the Rio del Norte, over which it might be
+supposed from the message, that the jurisdiction of Texas had been
+extended; so as to be included within one of our congressional
+districts? Here again, Texas had erected that small settlement into a
+county called San Patricio, and declared that this county extended to
+the Rio del Norte. This, like all other declaratory acts of the same
+kind, was only an assertion not affecting the question of right. The
+State of Texas might, with equal propriety, have declared that their
+boundary extended to the Sierra Madre or to the Pacific. The true
+question of right to any territory beyond the Mexican limits of the
+Department of Texas depends on the facts: By whom was the territory in
+question actually inhabited and occupied? and had the inhabitants united
+with Texas in the insurrection against Mexico?
+
+The whole country beyond the settlement of San Patricio and Corpus
+Christi, till within a few miles of the del Norte, is a perfect desert,
+one hundred and sixty miles wide by the route pursued by General Taylor,
+as stated by himself, and near one hundred and twenty miles in a
+straight line.
+
+The only settled part of it is along the left bank of the del Norte, and
+but a few miles in breadth. This belt was settled, inhabited, and
+occupied exclusively by Mexicans. It included the town of Loredo; and
+Mexico had a custom-house at Brazos, north of the mouth of the river.
+Till occupied by the American arms it had ever been, and was at the time
+when invaded by General Taylor, a part of the Department of Tamaulipas,
+and subject to the jurisdiction of the Prefect of the Northern District
+of that department.
+
+In the course of the war between Mexico and Texas, incursions had been
+occasionally made by each party into the territories of the other. A
+Mexican officer had, once or twice, obtained temporary occupation of San
+Antonio, within the limits of Texas; and the Texans had on one occasion
+taken Loredo itself, and more than once had carried their arms, not only
+to the left bank of the del Norte, but even beyond that river. In both
+cases the aggressive parties had been repulsed and expelled. The last
+Texan expedition of that kind took place in December, 1842, and
+terminated in their defeat at Mier.
+
+That the country, adjacent to the left bank of the river, was
+exclusively in the possession of the Mexicans, was well known to our
+Government.
+
+When General Taylor marched to the del Norte, he issued an order (No.
+30), translated into the Spanish, ordering all under his command, to
+observe with the most scrupulous respect the rights of all the
+inhabitants, who might be found in peaceful prosecution of their
+respective occupations, as well on the left as on the right side of the
+Rio Grande. No interference, he adds, will be allowed with the civil
+rights or religious privileges of the inhabitants.
+
+In June, 1845, General Taylor had been directed to select and occupy, on
+or near the Rio Grande del Norte, such a site as would be best adapted
+to repel invasion and to protect our Western border. But on the 8th of
+July following, the Secretary of War (Mr. Marcy) addressed the following
+letter to him.
+
+"This Department is informed that Mexico has some military
+establishments on the East side of the Rio Grande, which are, and for
+some time have been, in the actual occupancy of her troops. In carrying
+out the instructions heretofore received, you will be careful to avoid
+any acts of aggression, unless an actual state of war should exist. The
+Mexican forces at the posts in their possession, and which have been so,
+will not be disturbed as long as the relations of peace between the
+United States and Mexico continue."
+
+On the 30th July, 1845, the Secretary again addresses Gen. Taylor as
+follows: "You are expected to occupy, protect and defend the territory
+of Texas, to the extent that it has been occupied by the people of
+Texas. The Rio Grande is claimed to be the boundary between the two
+countries, and up to this boundary you are to extend your protection,
+only _excepting_ any posts on the Eastern side thereof, which are in the
+actual occupancy of Mexican forces, or _Mexican settlements_, over which
+the Republic of Texas did not exercise jurisdiction at the period of
+annexation, or shortly before that event. It is expected, in selecting
+the establishment for your troops, you will approach as near the
+boundary line, the Rio Grande, as prudence will dictate. With this view,
+the President desires that your position, for a part of your forces at
+least, should be west of the River Nueces."
+
+The Mexican settlements, thus excepted, are not those over which Texas
+did not claim jurisdiction, but those on the East bank of the Rio
+Grande, over which Texas did not _exercise_ jurisdiction at the period
+mentioned. The President had no authority to give up the boundary
+claimed by Texas; but it is clear that at the time, when war was not
+contemplated, the Administration was of opinion that, till the question
+was definitively settled, the occupancy by the Mexicans of the territory
+adjacent the left bank of the del Norte ought not to be disturbed.
+Neither the subsequent refusal by Mexico to receive a residing Envoy,
+nor the successes of the American arms have affected the question of
+right. The claim of Texas, whether to New Mexico, or to the lower
+portion of the Rio Norte, was identically the same, as invalid and
+groundless in one case as in the other. Why a distinction has been made
+by the Executive has not been stated. The fact is that he has
+established a temporary government for New Mexico, as a country
+conquered, and without any regard to the claim of Texas; whilst, on the
+other hand, he has permitted that State to extend its jurisdiction over
+the country lying on the left bank of the del Norte, which, like New
+Mexico, had been conquered by the arms of the United States. Not a
+shadow of proof has been adduced to sustain the pretensions of Texas to
+that district; and justice imperiously requires that it should by the
+treaty of peace be restored to Mexico.
+
+It so happens that the boundary, which may be traced in conformity with
+this principle, is a natural one, and that, as a measure of expediency,
+none more eligible could have been devised. A desert of one hundred and
+twenty miles separates the most Southwesterly Texan settlements of
+Corpus Christi and San Patricio, from those of the Mexicans, on the left
+bank of the del Norte, than which no boundary could be devised, better
+calculated to prevent collisions hereafter between the two nations. It
+will be sufficient, for that purpose, to draw a nominal line through the
+desert, leaving all the waters that empty into the Rio Norte to Mexico,
+and all those that empty into the Rio Nueces to Texas, together with
+such other provisions, respecting fortifications and military posts, as
+may be necessary for the preservation of peace.
+
+The line of the Rio Norte is one, from which Mexico would be perpetually
+threatened, and from which their adjacent town on the eastern bank may
+be bombarded. Such an intolerable nuisance would perpetuate most hostile
+feelings. With such a narrow river as the Rio del Norte, and with a
+joint right of navigation, repeated collisions would be unavoidable.
+
+Among these, when there was nothing but a fordable river to cross,
+slaves would perpetually escape from Texas: and where would be the
+remedy? Are the United States prepared to impose by a treaty on Mexico,
+where slavery is unknown, the obligation to surrender fugitive slaves?
+
+Mexico is greatly the weaker power, and requires a boundary, which will
+give her as much security as is practicable. It is not required, either
+for the preservation of peace, or for any other legitimate purpose, that
+the United States should occupy a threatening position. It cannot be
+rationally supposed, that Mexico will ever make an aggressive war
+against them; and even in such case, the desert would protect them
+against an invasion. If a war should ever again take place between the
+two countries, the overwhelming superiority of the Navy of the United
+States will enable them to carry on their operations wherever they
+please. They would, within a month, re-occupy the left bank of the Rio
+Norte, and within a short time, effect a landing and carry the war to
+any quarter they pleased.
+
+Must the war be still prosecuted for an object of no intrinsic value, to
+which the United States have no legitimate right, which justice requires
+them to yield, and which even expediency does not require?
+
+
+
+
+VI.--RECAPITULATION.
+
+
+It is an indisputable fact, that the annexation of Texas, then at war
+with Mexico, was tantamount to a declaration of war, and that the
+comparative weakness of Mexico alone prevented its Government from
+considering it as such.
+
+Under these circumstances, it was evidently the duty of the United
+States to use every means to soothe and conciliate the Mexicans, and to
+wait with patience for an unconditional recognition of the independence
+of Texas, till the feelings excited by our aggression had subsided.
+
+It has been shown that after Mexico had resorted, as a substitute for
+war, to the harmless suspension of the ordinary diplomatic intercourse,
+the attempt to make it retract that measure, before any negotiations for
+the restoration of harmony between the two countries should be entered
+into, was neither countenanced by the acknowledged law of nations, nor
+necessary for any useful purpose, nor consistent with a proper and just
+sense of the relative position in which the aggressive measure of the
+United States had placed the two countries. But that the refusal of
+Mexico to submit to that additional contumely, should have been
+considered as an insult to the United States, betrays the pride of
+power, rather than a just sense of what is due to the true dignity and
+honor of this nation.
+
+It has been demonstrated, that the republic of Texas had not a shadow of
+right to the territory adjacent to the left bank of the lower portion of
+the Rio Norte; that though she claimed, she never had actually exercised
+jurisdiction over any portion of it; that the Mexicans were the sole
+inhabitants; and in actual possession of that district; that therefore
+its forcible occupation by the army of the United States was, according
+to the acknowledged law of nations, as well as in fact, an act of open
+hostility and war: that the resistance of the Mexicans to that invasion
+was legitimate; and that therefore the war was unprovoked by them, and
+commenced by the United States.
+
+If any doubt should remain of the correctness of these statements, let
+them be tested by the divine and undeniable precept, "Do unto others as
+you would be done by."
+
+If at this moment France was to contract a treaty of defensive and
+offensive alliance with Mexico, a treaty taking effect immediately, and
+pending the war between the United States and Mexico, and binding
+herself to defend it with all her forces against any and every other
+Power, would not the United States at once consider such a treaty as a
+declaration of war against them?
+
+If, in lieu of declaring war against Great Britain, in the year 1812,
+the United States had only suspended the ordinary diplomatic relations
+between the two countries; and Great Britain had declared that she would
+not enter into any negotiation for the settlement of all the subjects of
+difference between the two countries, unless the United States should,
+as a preliminary condition, restore those relations; would not this have
+been considered as a most insolent demand, and to which the United
+States never would submit?
+
+If the United States were, and had been for more than a century, in
+possession of a tract of country, exclusively inhabited and governed by
+them, disturbed only by the occasional forays of an enemy; would they
+not consider the forcible military invasion and occupation of such a
+district by a third Power, as open and unprovoked war, commenced against
+them? And could their resistance to the invasion render them liable to
+the imputation of having themselves commenced the war?
+
+Yet it would seem as if the splendid and almost romantic successes of
+the American arms had, for a while, made the people of the United States
+deaf to any other consideration than an enthusiastic and exclusive love
+of military glory; as if, forgetting the origin of the war, and with an
+entire disregard for the dictates of justice, they thought that those
+successes gave the nation a right to dismember Mexico, and to
+appropriate to themselves that which did not belong to them.
+
+But I do not despair, for I have faith in our institutions and in the
+people; and I will now ask them whether this was their mission? and
+whether they were placed by Providence on this continent for the purpose
+of cultivating false glory, and of sinking to the level of those vulgar
+conquerors who have at all times desolated the earth.
+
+
+
+
+VII.--THE MISSION OF THE UNITED STATES.
+
+
+The people of the United States have been placed by Providence in a
+position never before enjoyed by any other nation. They are possessed of
+a most extensive territory, with a very fertile soil, a variety of
+climates and productions, and a capacity of sustaining a population
+greater, in proportion to its extent, than any other territory of the
+same size on the face of the globe.
+
+By a concourse of various circumstances, they found themselves, at the
+epoch of their independence, in the full enjoyment of religious, civil,
+and political liberty, entirely free from any hereditary monopoly of
+wealth or power. The people at large were in full and quiet possession
+of all those natural rights, for which the people of other countries
+have for a long time contended, and still do contend. They were, and you
+still are the supreme sovereigns, acknowledged as such by all. For the
+proper exercise of these uncontrolled powers and privileges, you are
+responsible to posterity, to the world at large, and to the Almighty
+Being who has poured on you such unparalleled blessings.
+
+Your mission is, to improve the state of the world, to be the "Model
+Republic," to show that men are capable of governing themselves, and
+that this simple and natural form of government is that also which
+confers most happiness on all, is productive of the greatest development
+of the intellectual faculties, above all, that which is attended with
+the highest standard of private and political virtue and morality.
+
+Your forefathers, the founders of the Republic, imbued with a deep
+feeling of their rights and duties, did not deviate from those
+principles. The sound sense, the wisdom, the probity, the respect for
+public faith, with which the internal concerns of the nation were
+managed, made our institutions an object of general admiration. Here,
+for the first time, was the experiment attempted with any prospect of
+success, and on a large scale, of a Representative Democratic Republic.
+If it failed, the last hope of the friends of mankind was lost or
+indefinitely postponed; and the eyes of the world were turned towards
+you. Whenever real, or pretended apprehensions of the imminent danger of
+trusting the people at large with power, were expressed, the answer ever
+was, "Look at America!"
+
+In their external relations the United States, before this unfortunate
+war, had, whilst sustaining their just rights, ever acted in strict
+conformity with the dictates of justice, and displayed the utmost
+moderation. They never had voluntarily injured any other nation. Every
+acquisition of territory from Foreign Powers was honestly made, the
+result of Treaties, not imposed, but freely assented to by the other
+party. The preservation of peace was ever a primary object. The recourse
+to arms was always in self defence. On its expediency there may have
+been a difference of opinion; that, in the only two instances of
+conflict with civilized nations which occurred during a period of sixty
+three years, (1783 to 1846), the just rights of the United States had
+been invaded by a long continued series of aggressions, is undeniable.
+In the first instance, war was not declared; and there were only partial
+hostilities between France and England. The Congress of the United
+States, the only legitimate organ of the nation for that purpose, did,
+in 1812, declare war against Great Britain. Independent of depredations
+on our commerce, she had, for twenty years, carried on an actual war
+against the United States. I say, actual war, since there is now but one
+opinion on that subject; a renewal of the impressment of men sailing
+under the protection of our flag would be tantamount to a declaration of
+war. The partial opposition to the war of 1812, did not rest on a denial
+of the aggressions of England and of the justice of our cause, but on
+the fact that, with the exception of impressments, similar infractions
+of our just rights had been committed by France, and on the most
+erroneous belief, that the administration was partial to that country,
+and insincere in their apparent efforts to restore peace.
+
+At present, all these principles would seem to have been abandoned. The
+most just, a purely defensive war, and no other is justifiable, is
+necessarily attended with a train of great and unavoidable evils. What
+shall we say of one, iniquitous in its origin, and provoked by
+ourselves, of a war of aggression, which is now publicly avowed to be
+one of intended conquest.
+
+If persisted in, its necessary consequences will be, a permanent
+increase of our military establishment and of executive patronage: its
+general tendency, to make man hate man, to awaken his worst passions, to
+accustom him to the taste of blood. It has already demoralized no
+inconsiderable portion of the nation.
+
+The general peace, which has been preserved between the great European
+powers during the last thirty years, may not be ascribed to the purest
+motives. Be these what they may, this long and unusual repose has been
+most beneficial to the cause of humanity. Nothing can be more injurious
+to it, more lamentable, more scandalous, than the war between two
+adjacent republics of North America.
+
+Your mission was, to be a model for all other governments and for all
+other less favored nations, to adhere to the most elevated principles of
+political morality, to apply all your faculties to the gradual
+improvement of your own institutions and social state, and, by your
+example, to exert a moral influence most beneficial to mankind at large.
+Instead of this, an appeal has been made to your worst passions; to
+cupidity, to the thirst of unjust aggrandizement by brutal force; to the
+love of military fame and of false glory; and it has even been tried to
+pervert the noblest feelings of your nature. The attempt is made to make
+you abandon the lofty position which your fathers occupied, to
+substitute for it the political morality and heathen patriotism of the
+heroes and statesmen of antiquity.
+
+       *       *       *       *       *
+
+I have said, that it was attempted to pervert even your virtues.
+Devotedness to country, or patriotism, is a most essential virtue, since
+the national existence of any society depends upon it. Unfortunately,
+our most virtuous dispositions are perverted, not only by our vices and
+selfishness, but also by their own excess. Even the most holy of our
+attributes, the religious feeling, may be perverted from that cause, as
+was but too lamentably exhibited in the persecutions, even unto death,
+of those who were deemed heretics. It is not, therefore, astonishing,
+that patriotism, carried to excess, should also be perverted. In the
+entire devotedness to their country, the people, everywhere and at all
+times, have been too apt to forget the duties imposed upon them by
+justice towards other nations. It is against this natural propensity
+that you should be specially on your guard. The blame does not attach to
+those who, led by their patriotic feelings, though erroneous, flock
+around the national standard. On the contrary, no men are more worthy of
+admiration, better entitled to the thanks of their country, than those
+who, after war has once taken place, actuated only by the purest
+motives, daily and with the utmost self-devotedness, brave death and
+stake their own lives in the conflict against the actual enemy. I must
+confess, that I do not extend the same charity to those civilians, who
+coolly and deliberately plunge the country into any unjust or
+unnecessary war.
+
+We should have but one conscience; and most happy would it be for
+mankind, were statesmen and politicians only as honest, in their
+management of the internal or external national concerns, as they are in
+private life. The irreproachable private character of the President, and
+of all the members of his administration, is known and respected. There
+is not one of them who would not spurn with indignation the most remote
+hint that, on similar pretences to those alleged for dismembering
+Mexico, he might be capable of an attempt to appropriate to himself his
+neighbor's farm.
+
+In the total absence of any argument that can justify the war in which
+we are now involved, resort has been had to a most extraordinary
+assertion. It is said, that the people of the United States have an
+hereditary, superiority of race over the Mexicans, which gives them the
+right to subjugate and keep in bondage the inferior nation. This, it is
+also alleged, will be the means of enlightening the degraded Mexicans,
+of improving their social state, and of ultimately increasing the
+happiness of the masses.
+
+Is it compatible with the principle of Democracy, which rejects every
+hereditary claim of individuals, to admit an hereditary superiority of
+races? You very properly deny, that the son can, independent of his own
+merit, derive any right or privilege whatever, from the merit or any
+other social superiority of his father. Can you for a moment suppose,
+that a very doubtful descent from men, who lived one thousand years ago,
+has transmitted to you a superiority over your fellow-men? But the
+Anglo-Saxons were inferior to the Goths, from whom the Spaniards claim
+to be descended; and they were in no respect superior to the Franks and
+to the Burgundians. It is not to their Anglo-Saxon descent, but to a
+variety of causes, among which the subsequent mixture of Frenchified
+Normans, Angevins and Gascons must not be forgotten, that the English
+are indebted for their superior institutions. In the progressive
+improvement of mankind, much more has been due to religious and
+political institutions, than to races. Whenever the European nations,
+which, from their language, are presumed to belong to the Latin or the
+Sclavonian race, shall have conquered institutions similar to those of
+England, there will be no trace left of the pretended superiority of one
+of those races above the other. At this time, the claim is but a pretext
+for covering and justifying unjust usurpation and unbounded ambition.
+
+But admitting, with respect to Mexico, the superiority of race, this
+confers no superiority of rights. Among ourselves, the most ignorant,
+the most inferior, either in physical or mental faculties, is recognized
+as having equal rights, and he has an equal vote with any one, however
+superior to him in all those respects. This is founded on the immutable
+principle that no one man is born with the right of governing another
+man. He may, indeed, acquire a moral influence over others, and no other
+is legitimate. The same principle will apply to nations. However
+superior the Anglo-American race may be to that of Mexico, this gives
+the Americans no right to infringe upon the rights of the inferior race.
+The people of the United States may rightfully, and will, if they use
+the proper means, exercise a most beneficial moral influence over the
+Mexicans, and other less enlightened nations of America. Beyond this
+they have no right to go.
+
+The allegation that the subjugation of Mexico would be the means of
+enlightening the Mexicans, of improving their social state, and of
+increasing their happiness, is but the shallow attempt to disguise
+unbounded cupidity and ambition. Truth never was or can be propagated by
+fire, and sword, or by any other than purely moral means. By these, and
+by these alone, the Christian religion was propagated, and enabled, in
+less than three hundred years, to conquer idolatry. During the whole of
+that period, Christianity was tainted by no other blood than that of its
+martyrs.
+
+The duties of the people of the United States towards other nations are
+obvious. Never losing sight of the divine precept, "Do to others as you
+would be done by," they have only to consult their own conscience. For
+our benevolent Creator has implanted in the hearts of men the moral
+sense of right and wrong, and that sympathy for other men, the
+evidences of which are of daily occurrence.
+
+It seems unnecessary to add anything respecting that false glory which,
+from habit and the general tenor of our early education, we are taught
+to admire. The task has already been repeatedly performed, in a far more
+able and impressive manner, than anything I could say on the subject. It
+is sufficient to say that, at this time, neither the dignity or honor of
+the nation demand a further sacrifice of invaluable lives, or even of
+money. The very reverse is the case. The true honor and dignity of the
+nation are inseparable from justice. Pride and vanity alone demand the
+sacrifice. Though so dearly purchased, the astonishing successes of the
+American arms have at least put it in the power of the United States to
+grant any terms of peace, without incurring the imputation of being
+actuated by any but the most elevated motives. It would seem that the
+most proud and vain must be satiated with glory, and that the most
+reckless and bellicose should be sufficiently glutted with human gore.
+
+A more truly glorious termination of the war, a more splendid spectacle,
+an example more highly useful to mankind at large, cannot well be
+conceived, than that of the victorious forces of the United States
+voluntarily abandoning all their conquests, without requiring anything
+else than that which was strictly due to our citizens.
+
+
+
+
+VIII.--TERMS OF PEACE.
+
+
+I have said that the unfounded claim of Texas to the territory between
+the Nueces and the Rio Norte, was the greatest impediment to peace. Of
+this there can be no doubt. For if, relinquishing the spirit of military
+conquest, nothing shall be required but the indemnities due to our
+citizens, the United States have only to accept the terms which have
+been offered by the Mexican Government. It consents to yield a territory
+five degrees of latitude, or near 350 miles in breadth, and extending
+from New Mexico to the Pacific. Although the greater part of this is
+quite worthless, yet the portion of California lying between the Sierra
+Neveda and the Pacific, and including the port of San Francisco, is
+certainly worth much more than the amount of indemnities justly due to
+our citizens. It is only in order to satisfy those claims, that an
+accession of territory may become necessary.
+
+It is not believed that the Executive will favor the wild suggestions of
+a subjugation, or annexation of the whole of Mexico, or of any of its
+interior provinces. And, if I understand the terms offered by Mr. Trist,
+there was no intention to include within the cessions required, the
+Province of New Mexico. But the demand of both Old and New California,
+or of a sea-coast of more than thirteen hundred miles in length (lat.
+23 deg. to 42 deg.), is extravagant and unnecessary. The Peninsula is
+altogether worthless, and there is nothing worth contending for South
+of San Diego, or about lat. 32 deg.
+
+In saying that, if conquest is not the object of the war, and if the
+pretended claim of Texas to the Rio del Norte shall be abandoned, there
+cannot be any insuperable obstacle to the restoration of peace, it is by
+no means intended to assert that the terms heretofore proposed by either
+party are at this time proper. And I apprehend that the different views
+of the subject entertained by those who sincerely desire a speedy and
+just peace, may create some difficulty. There are some important
+considerations which may become the subject of subsequent arrangements.
+For the present, nothing more is strictly required than to adopt the
+principle of _status ante bellum_, or, in other words, to evacuate the
+Mexican territory, and to provide for the payment of the indemnities due
+to our citizens. The scruples of those who object to any cession
+whatever of territory, except on terms unacceptable to the Southern
+States, might be removed by a provision, that would only pledge a
+territory sufficient for the purpose, and leave it in the possession of
+the United States until the indemnities had been fully paid.
+
+Was I to listen exclusively to my own feelings and opinions, I would
+say, that, if the propositions which I have attempted to establish are
+correct; if I am not mistaken in my sincere conviction, that the war was
+unprovoked by the Mexicans, and has been one of iniquitous aggression on
+our part; it necessarily follows that, according to the dictates of
+justice, the United States are bound to indemnify them, for having
+invaded their territory, bombarded their towns, and inflicted all the
+miseries of war on a people, who were fighting in defence of their own
+homes. If all this be true, the United States would give but an
+inadequate compensation for the injuries they have inflicted, by
+assuming the payment of the indemnities justly due to their own
+citizens.
+
+Even if a fair purchase of territory should be convenient to both
+parties, it would be far preferable to postpone it for the present,
+among other reasons, in order that it should not have the appearance of
+being imposed on Mexico. There are also some important considerations,
+to which it may not be improper to call at this time the public
+attention.
+
+Our population may at this time be assumed, as amounting to twenty
+millions. Although the ratio of natural increase has already been
+lessened, from thirty three to about thirty per cent in ten years, the
+deficiency has been, and will probably continue, for a while, to be
+compensated by the prodigious increase of immigration from foreign
+countries. An increase of thirty per cent, would add to our population
+six millions, within ten, and near fourteen millions in twenty years. At
+the rate of only twenty five per cent, it will add five millions in ten,
+and more than eleven millions in twenty years. That the fertile
+uncultivated land, within the limits of the States admitted, or
+immediately admissible in the Union, could sustain three times that
+number is indubitable. But the indomitable energy, the locomotive
+propensities, and all the habits of the settlers of new countries are
+such, that, not even the united efforts of both Governments can or will
+prevent their occupying within twenty if not within ten years, every
+district, as far as the Pacific, and whether within the limits of the
+United States or of Mexico, which shall not have previously been
+actually and _bona fide_ occupied and settled by others. It may be said
+that this is justifiable by Natural Law; that, for the same reason,
+which sets aside the right of discovery, if not followed by actual
+occupation within a reasonable time, the rights of Spain and Mexico have
+been forfeited by their neglect, or inability, during a period of three
+hundred years, to colonize a country, which, during the whole of that
+period, they held undisputed by any other foreign nation. And it may
+perhaps be observed that, had the Government of the United States waited
+for the operation of natural and irresistible causes, these alone would
+have given them, without a war, more than they want at this moment.
+
+However plausible all this may appear, it is nevertheless certain, that
+it will be an acquisition of territory for the benefit of the people of
+the United States, and in violation of solemn treaties. Not only
+collisions must be avoided, and the renewal of another illicit
+annexation be prevented; but the two countries must coolly consider
+their relative position; and whatever portion of territory, not actually
+settled by the Mexicans, and of no real utility to them, they may be
+disposed to cede, must be acquired by a treaty freely assented to, and
+for a reasonable compensation. But this is not the time for the
+discussion of a proper final arrangement. We must wait till peace shall
+have been restored, and angry feelings shall have subsided. At present
+the only object is Peace, immediate peace, a just peace, and no
+acquisition of territory, but that which may be absolutely necessary for
+effecting the great object in view. The most simple terms, those which
+will only provide for the adjustment of the Texas boundary and for the
+payment of the indemnities due to our citizens, and, in every other
+respect, restore things as they stood before the beginning of
+hostilities, appear to me the most eligible. For that purpose I may be
+permitted to wish, that the discussion of the terms should not be
+embarrassed by the introduction of any other matter. There are other
+considerations, highly important, and not foreign to the great question
+of an extension of territory, but which may, without any inconvenience
+or commitment, be postponed, and should not be permitted to impede the
+immediate termination of this lamentable war.
+
+I have gone farther than I intended. It is said that a rallying point is
+wanted by the friends of peace. Let them unite, boldly express their
+opinions, and use their utmost endeavors in promoting an immediate
+termination of the war. For the people, no other banner is necessary.
+But their representatives in Congress assembled are alone competent to
+ascertain, alone vested with the legitimate power of deciding what
+course should be pursued at this momentous crisis, what are the best
+means for carrying into effect their own views, whatever these may be.
+We may wait with hope and confidence the result of their deliberations.
+
+       *       *       *       *       *
+
+I have tried, in this essay, to confine myself to the questions at issue
+between the United States and Mexico. Whether the Executive has, in any
+respect, exceeded his legitimate powers; whether he is, for any of his
+acts, liable to animadversion, are questions which do not concern
+Mexico.
+
+There are certainly some doubtful assumptions of power, and some points
+on which explanations are necessary. The most important is the reason,
+which may have induced the President, when he considered the war as
+necessary and almost unavoidable, not to communicate to Congress, which
+was all that time in session, the important steps he had taken, till
+after hostilities, and indeed actual war had taken place. The
+substitution, for war contributions, of an arbitrary and varying tariff,
+appears to me to be of a doubtful nature; and it is hoped, that the
+subject will attract the early attention of Congress. I am also clearly
+of opinion, that the provisions of the law respecting volunteers, which
+authorizes them to elect their officers, is a direct violation of the
+constitution of the United States, which recognizes no other land force
+than the army and the militia, and which vests in the President and
+Senate the exclusive power of appointing all the officers of the United
+States, whose appointments are not otherwise provided for in the
+constitution itself. (With respect to precedents, refer to the act of
+July 6th, 1812, chap. 461, (cxxxviii.) enacted with due deliberation,
+and which repeals, in that respect, the act on same subject of February
+6th, 1812.)
+
+
+
+
+       *       *       *       *       *
+
+
+
+
+Transcriber's note:
+
+Page 10: Changed adequte to adequate
+Page 28: Changed oppropriate to appropriate
+
+
+
+***END OF THE PROJECT GUTENBERG EBOOK PEACE WITH MEXICO***
+
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