b' %, .wm^ ■1°*. ^* ^m^>^.• ,^^'% '--iK- /\ '"^'' ^^'% ^ «o ^•- -ot*' «« .■^' !v°-n^ •* ^^ K' i°-nf^ '. i°-n^. A°^ •^ "-..^'^ .' t O ^i <^ • ^o^ I ^^O^ .^ ^9" ■%''?^V'' V^^^\-'^ %''^<./ V-T^ fe-\ /^']^i^^y^ y«-^;:'\. .^°^:^^%''- •* .*^ ^°Xv .^ -. -^^o* r-^^. v^^..i::c',*c^. ^0' \' ^jP-n*.. V A9^ ,. 0' \.*^'^\/ %''^-/ "V--^^*/ * »'«sife^'. -^^^ ^ »:AV/k» •^.. ..^ »^ I SPEECH HON. F. P. STANTON, OF TENNESSEE, IN HOUSE OF REPRESENTATIVES, MARCH 14, 1848. On the Message of the President "transmitting Doc- uments in relation to the return of Santa Anna and Paredes to Mexico, and refusing to furnish the Instructions given Mr. Slidell, as requested by a Resolution of the House of the 4th of Janu- ary, 1848. Mr. STANTON said : Mr. Speaker, if it were my purpose to reply to the argument of the gentle- man from Mississippi, who has just taken his seat, the character and extent of the subjects introduced by him would give me an unlimited field for the ■discussion of every question connected with the Mexican war. But I do not rise now to answer particularly the speech of that gentleman. Nor do I propose to direct my remarks exclusively to the message of the President, now under consid- eration, in which he states the most satisfactory reasons for refusing information called for by a resolution of this House. My purpose is to give my views generally upon the present condition of affairs as connected with the existing war, and to show the responsibility which justly attaches to the conduct and bearing of the two political parties which control the destinies of this country. In doing this, however, it will come properly within the scope of my remarks incidentally to defend the position assumed by the President, from the severe assaults which have been made upon it by the gentleman from Mississippi, [Mr. Tompkins,] and others, who have taken part in this debate. The treaty which is now known to have been submitted to the Senate of the United States, and ratified, with some modifications, by tjjat body, is yet to be submitted to the Mexican Congress for its ratification. We are by no means sure that its action will be favorable. We cannot, therefore, properly consider things in the same light in which we should view them, if the existence of peace were absolutely certain. Consequently, every ques- tion which would have been legitimately the sub- ject of consideration before the arrival of the treaty, may still, with great propriety, enter into our present discussions. The gentleman from Mississippi, [Mr. Tomp- kins,] in reviewing the message now on your table, has taken occasion to brand the President with the charge of a gross usurpation of power in the com- mencement of the existing war. There is nothing novel in this grave imputation. It is only another edition of what we have heard a thousand times asserted on this floor, and as often endeavored to be sustained by^every variety of argument which the minds of ingenious gentlemen could invent. To prove this charge against the President, amount- ing to little less than actual treason, seems, from their arguments, to be the leading motive of gen- Printed at the Congresaional Globe Office. tlemen in endeavoring to force from the President a premature disclosure of the secret correspondence of the State Department with our minister in Mex- ico. Of the constitutionality of the President's course in refusing the information, there can be no question. There is no clause in the Constitution requiring him to respond to the calls of either House of Congress. It is his duty to consult the Senate in matters of foreign negotiation, and it is obviously proper for him to give to his Senatoria advisers every item of information which wil enable them to act understandingly. There are cases, however, in which he may, and the Presi- dent often does, withhold many facts from them. When the House of Representatives, which does not occupy the same confidential and advisory relation to the President, calls upon him for infor- mation, it is his solemn duty to consider whether the communication can be safely made with due regard to the true interests of the country. In de- termining this question, he acts jupon his own responsibility and at his own periL But it is in all cases a question of expediency Alone. /There is no constitutional or legal obligation depriving him of all discretion in a matter oftentimes so grave and. important in its bearing upon the public weal. 1 shall endeavor to show, Mr. Speaker, that, under present circumstances — our country engaged in a foreign war, and parties at home bitterly divided upon all the questions connected with it — there are the strongest possible grounds of expediency, pal- pable to us who do not know the nature of the correspondence sought to be made public, render- ing it a matter of imperious necessity that our secret negotiations should not be exposed to the eye of the world. The very arguments adduced by the honorable gentlemen who attack the principles of this mes- sage, would of themselves convince me of the per- fect propriety of the President's course, even if he were not fortified by the authority of Washington,, and others who have worthily occupied the seat which was sanctified by *' the Father of his Coun- try. " It is asserted that the President is the author of this war, and that the information called for is necessary to enable the gentlemen who make the accusation, successfully to brand him as its author, and to throw all its responsibility on his shoulders- This, sir, is the patriotic spirit m which this novel doctrine is urged at the present crisis ! I wish to inquire whether this spirit ought to be gratified. And, in order to do this properly, I will advert briefly to the history of this war, especially in its relation to the conduct of those who now com- plain of the President for refusing the infarmation sought. Whatever may have been the circumstances attending the commencement of the war, whatever may have been its true cause, and whoever may be responsible for its origin, there is one fact which cannot be disputed — there is one great proposition which admits of nodiscussion. Itisthis: that from the 13th May, 1846, the war became our country's war, solemnly sanctioned by every department of the Government, and by every legal and constitu- tional form known to the fundamental laws of the land. This law of the 13th May, 1846, declared that the war was commenced " by the act of Mexi- co.'" I believe that solemn declaration to have been strictly true. But, true or not true, the acts of the President up to that time, whatever they may have been, were not only justified, but sanctioned, adopt- ed, and made the actsof the American Government. By every high requisite of legislation, and by the constitutional action and concurrence of every de- partment of the Government, the existing war was acknowledged, approved, and assumed, and all the power of the United States was authorized to be exerted in its prosecution. Tell me not, gentlemen on the other side of this Chamber, tell me not of your objections to the preamble of that act; tell me not that you and your party associates of the other House voted for it only to relieve Gen. Taylor from his dangerous position. Let this be so, and still it does not affect my position in the least. Say, if you will, it was all done by the Democrats — that you objected to the preamble, and they forced you -to take the bill as it was. Still, it was none the less the country's war. The Government, by a con- stitutional majority of the representatives of the people and of the States, was none the less fully and absolutely committed. It is in respect to a war thus comr^enced, and thus assumed by every department of this Government, proceeding by every solemn legal and constitutional mode, that such declarations as we have listened to from the gentleman from Mississippi and others were sent forth to the enemy and to the world. But you, who voted for the first act recognizing the war, may justify yourselves as you can. So large a force — ten millions of money and fifty thou- sand men — was scarcely necessary to relieve Gen- eral Taylor; and the terms of tlie bill itself indicate but too clearly that such was but an unimportant part of its purpose. But your conduct at the sub- sequent session of Congress leaves you no escape. No flimsy excuse of a similar kind will save you from your full share of responsibility for the war measures of that session. What was then the condition of things ? Our victorious army was then in the heart of t'^e enemy's country, waging .a war of invasion with great success. The Presi- (dent's message gave us a very clear and satisfac- rtory statement of the results, which, up to that .time, had been accomplished, and of the objects to ,be accomplished by tiie further prosecution of the .war. With all these statements before your eyes, yc-u assisted in supplying men and money. You charged the President v/ith views of conquest; yoLi denounced his policy in strong terms; yet you voted the supplies. I will read from the Presi- dent's message to show how fully we were in- formed of all that had been done, and all that was proposed to be accomplished. The Executive said: <' I ecngratulate you on the success which has thus attend- ed our uulitary and naval operations. In les3 than seven months after Mexico commenced hostilities,* at a time de- lected by herself, we have taken possession of many of her principal ports, driven back and pursued her invadingarmy^ and acquired military possession of tlie Mexican provinces of New Mexico, Nevv Leon, Coaliuila,Tamaulipas, and the Californias, a territory larger in extent than that emhraeed in the original thirteen States of the Union, iniiabited by a consideralde population, and much of it more than a thou- sand miles from tlie points at which we had to collect our forces and commence our movements. By the blockad*, the import and export trade of the enemy lias been cut off" So much as to the result of our operations, and the extent of our conquests up to that time. 1 will now read some short extracts explanatory of the objects for which he demanded the means of still further prosecuting the war. He said: "The war has not been waged with a view to conquest; but, having been commenced by Mexico, it has been carried into the enemy's country, and will be vigorously prosecuted there, with a view to obtain an honorable peace, and tliere- by secure ample indemnity for the expenses of the war, as well as to our much-injured citizens, who hold large pecu- niary demands against Mexico." * * * * " it may be proper to provide for the security of these im- portant conquests, by making an adequate appropriation for the purpose of erecting fortifications, and defraying the ex- penses necessarily incident to the maintenance of our pos- session and authority over them." * * * * "Among our just causes of complaint against Mexico, arising out of her refusal to treat for peace, as well before as since the war so unjustly commenced on her part, are, the extraordinary expenditures in which we have been involved. Justice to our own people will make it proper that Mexico should be held responsible for these expenditures." I repeat, sir, that with these facts before their eyes — with a full knowledge of the extent of the conquests already made, and the purposes design- ed by the Administration, the members of the Op- position on this f^oor very generally voted for the bills introduced in accordance with the Presiden- tial recommendation. But, sir, these expositions by the President, clear and unequivocal as they v/ere, did not constitute the whole of the informa- tion then before that Congress. General Scott had gone to take command of the army in Mexico, and it was Vv'ell known that an important opetation was about to be undertaken — nothing less than the re- duction of Vera Cruz and its almost impregnable castle, and thus to open a way to the very capital of Mexico itself. Gentlemen did not hesitate to refer to these palpable demonstrations, and to denounce the policy of the Administration as tending to con- quests the rnost extensive as well as the most un- just. And yet, strange to say, most of those very gentlemen voted for the men and money demanded by the President to carry out the very policy plainly exhibited in the message, and to accom- plish the magnificent military projects, the prepara- tions for which were apparent to the whole world. I have before me the vote on one of the leading acts of the last session, known as " the ten-regiment bill." The vote is 35 to 170— less than one-fifth of the whole House voting against it; and many of them, doubtless, because they preferred some other mode of raising the force proposed. Among the majority, I find the name of every Whig from the State of Tennessee. I may, therefore, say, without any inaccuracy, that the great mass of that party in this House endorsed the policy of the President, and assisted him, by their votes at least, in carrying it out. It might be inferred from this, sir, that they had spoken and otherwise acted consistently with their votes at that session. But unfortunately this was not the case. Look over the debates of that session of Congress, and what a picture is presented to the eye of the patriot ! 3 I have nothing to do with the motives of honor- able gentlemen who took f)art in those proceed- ings. I deal with fixcts alone — facts which I am certain will not be dispiited, because they are re- corded in the debates of Congress and in the jour- nals of the covnitry,and have become a part of the authentic history of the period. It is true that •many gentlemen on the other side of tliis Hall were voting men and money; but at the same time they were denouncing the war as wrong and unjust on our part; these denunciations reached the enemy, inspired him with hope, and gave energy and ob- stinacy to his resistance. There was not a word Tittered in this House, and reverijerating among these marble columns and through these lofiy arches, that was not instant!}' wafted to the hills and valleys of Mexico, and made to resound through the length and breadth of that hostile land, encouraging the hearts of the people, and nerving their arms for the struggle. I do not intend to charge these gentlemen with treason, actual or constructive. They have the right here to say what they please — to give free and unqualified utterance to their opinions and feelings, whatever they may be. This is the freedom of speech which, like the freedom of the press, is one of the most valuable and cherished privileges of the American people. But, sir, while the use of this privilege is unrestricted, and propei-ly so, it is always exer- cised under the gravest responsibility for its abuse. When I speak of responsibility, I mean responsi-. bility to the people — to that public sentiment of this country which weighs tlie actions and the words of public men, and holds their authors to a solemn account for the consequences of what they say and do. The words used by the President — *' giving aid and comfort to the enemy" — have been the occasion for loud reproaches and denun- ciations against that officer. I do not intend to adopt these words, since they seem to be so un- palatable to the taste of those gentlemen who take them to themselves. But, if the House will per- mit me, I will endeavor to look coolly and calmly back upon the doings and sayings of gentlemen in this House particularly, and show the character of their acts, and the consequences necessarily and Jegiiimately resulting from them. I desire to deal fairly with the subject, and I challenge the scrutiny of gentlemen to facts v;hich 1 state, and the infer- ences I to my knowledge, ever escaped your lips against * I mean now to take higher ground; and with great def- erence submit a constitutional position, which requires no more for its establishment than that the territory between the Nueces and the Bravo was at least disputed ground ; that we claimed it ; and that the President, in ordering General Taylor to the neighborhood of Matamoros, knew that, if not our indisputable territory, at any rate, our negotiations for many years— ever since the purciiase of Louisiana — and our recent legislation, considered it as ours. Tliat fact cannot be denied. Granting, for argument's sake, that Mexico claim- ed it too, and considered it hers, I contend that it was the President's constitutional right and duty to prevent Mexico from expelling Texas from the territory in dispute. Having examined the subject when General Taylor was first ordered there, I took the liberty of advising Mr. Polk that his right and policy were, not to await Mexican forces on this side of the Bravo, but to order our commander to cross that river, meet, and crush the invaders on their own soil. When they passed the Rubicon, we should have crossed the Bravo. The second clause of the tenth section of the first article of the Constitution of the United Slates provides, that no State "shall engage in war, unless actually invaded, or in such imminent danger as will not admit of dclay.'^ That was precisely the predicament of the State of Texas. And her ciinstituted authorities, instead of engaging in war single- handed, called ou the President for protection. General Arista, with some two thousand troops, was at Matamoros. General Ampudia, with some two thousand more, was on his way thither, avowedly to join Arista, and together connnit hostilities. War was declared at the Mexican ca()ital. I think it cannot be denied that the State of Texas, by the Consti- tution of the United States, was authorized to " engage in war" with Mexico — a war of self-defence. If so, was not the President, called on by that State for protection against Mexican invasion, authorized, as Texas certainly was, to repel the invader? The two acts of Congress on this sub- ject, of May 2, 1792, and made perpetual by that of February 2S, 1795, are explicit, "that whenever the United States shall 'be in imminent danger of invasion from any foreign nation, 'it shall be lawful for the President of the United States to ' call forth such number of the militia as he mav judge neces- 'saryto repel such invasion." The distinction is broadly drawn by the Constitution, and these laws which carry it out, between actual and imminent danger of invasion. The Executive is as much authorized to act in the case of danger as in that of actuality; and the state power to " engage in war" is, in like manner, marked by this distinction. The President's is an extreme power, no doubt, to be most care- fully exercised. President Polk is a prudent man, and was alive to the dread responsibility of his situation. It was much easier for me to advise than for him to do what I ad- vised over the Bravo. But I submit, far in advance of the question of boundary with which it has been attempted ta bind him, that, in the exercise of a sound and fair discretion, looking to all the circumstances, he would have been jus- tified in ordering General Taylor to cross the boundary,^ whether acknowledged or disputed, anticipate the threat- ened attack, carry the war into the enemy's country, and, by prevention, put a stop to it. He thought otherwise, and I do not presume to censure him. Still I believe, that if Geneial Taylor, with his some three thousand troops, had been ordered to attack General Arista, with some two thou- sand, at Mitamiros, and had demolished him before General Ampudia joined with two thousand more, who, in the event of Arista's overthrow, might then have been crashed too, by this anticipation of the imminent danger, it would all have vanished, and there would probably have been no more tr (ubie vvitli Mexico. Will it be contended, as I ventured to illustrate my argument to the President, that if Mexico had a naval squadron equal to ours there, and it was seen sail- ing down to attack ours, colors flying, guns loaded, and alt cleared fur action, that ours must lie at anchor till assailed, and not, till some hundreds of our people had been slaugh- tered, return the blow.' It cannot be that such an absurdity is law. The military principle, that a connnander, having reason to apprehend that he is about to be attJickcd, is safest by anticipating the assault and becoming the assailant, is true, even in the controversy of debate. It is universal wis- dom, and as such, ingrafted on our Constitution and laws. — [Extract from the speech of Mr. C. J. Jni;en .»^- -.\ >-c 4'^ %''Wv' vW\^^* %''W*/ V - ^^. .-^^ '''