v'iv % £ 407 '1115 Copy 1 SPEECH OF HON. R. M. McLANE, OF MARYLAm ON THE WAR WITH MEXICO. DELIVERED IN THE HOUSE OF REPRESENTATIVES, JANUARY 19, 1848. l^i '9> WASHINGTON: PRINTED AT THE CONGRESSIONAL GLOBE OFFICE 1848. SPEECH. In Committee of the Whole on the state of the Union, on the Resolutions referring the Presi- dent's Message to the various Standing Com- mittees, Mr. McLANE said: He somewhat regretted that it was his fortune to follow in debate the gentleman from New Hamp- shire, [Mr. Tuck,] whose allusions to the subject of slavery were offensive to the pride and refinement of every gentleman, he hoped, from every State of our Federal Union, who respected and venerated our Federal Constitution. If, in the course of his remarks, he should have occasion to refer to the same subject, he should do so with great respect for the local institutions of every State in the Union, be it free or slave, however much he might, as the representative of a slave State, feel wounded at the offensive allusions so freely offered in thi.s House by gentlemen who regarded themselves as men of a single idea. Mr. McL. continued, and said, that but for the extraordinary declaration made by this House, at the motion of an honorable gentleman from Mas- sachusetts, [Mr. AsHMCN,] denouncing this war as "unconstitutional,"&c.,&c.,I should notthink it within my range to engage the attention of the committee with the origin of the Mexican war. Whatever opinion I might have entertained, I could not have reconciled myself to a voluntary expression of sentiment, the record of which on the Journal of this House necessarily discredited our own Government, and falsified the records of both branches of the National Legislature. Sir, had we thought it wise to abandon the war, and with- draw our armies to the east of the Rio Grande, and adhere for the future to a defensive war with Mexico, it would be, in my judgment, unneces- sary, if not derogatory, to raise an issue of veraci- ty with a former Congress — appealing to partisan zeal at home or abroad to determine whether it-e or cur predecessors have voted " a falsehood." But to make such a declaration after we have refused to withdraw our armies, exposes to insult and shame the brave men we have pushed forward into Mex- ico — aiding^ and comforting , and encouraging their enemies, v/hile we chill and demoralize public sen- timent at home, and render it impossible to raise succor and reinforcement for those whom we re- fuse to recall, on the same day and hour that we discredit and dishonor their service. I regret that a majority of this House have taken a very different view of our mutual obligations; and, in my judgment, insensible to the honor of the Government and the pride of our illustrious soldiers, they would attach their falsification of the nation- al record to a vote of thanks, by which it was proposed that the Congress of the United States should convey to General Taylor some light ex- pression of the respect and admiration felt for him by his fellow-citizens. This association of such a declaration with the name of General Taylor, will appear still more unfortunate when some ref- erence IS had to the particular aicts of the President, which constituted the illegality or unconstitutional- ity of the war. There are those in opposition, sir, who consider the annexation of Texas as the^rsf and great violation of law that caused the war, and the military and civil conduct of the President as the immediate occasion of the war ; others, who justify the act of annexation as legal and constitu- tional, without regard to its wisdom or expediency, are obliged to rest the illegalitij and unconstitutioii- alitxj of the war upon the orders of the President, which they allege were issued without the concur- rence of Congress, and immediately caused the war. It would be difficult, sir, to determine which of these propositions involves the most inconsist- ency, supposing either to be the ground of com- plaint against the Government of the United States. If the annexation of Texas was the illegal and unjustifiable casus belli, ihcxi the occupation of any part of Texas, east or west of the Nueces, was necessarily an immediate act of ofience on the part of the American Executive. But it was also neces- sarily the result of that obligation to execute the law of annexation imposed by the Constitution on the President. On the other hand, if the act of annexation was legal and constitutional, but regarded by Mexico as an act of war, then no movement of the Execu- tive connected with the defence of the new terri- tory, even without the concurrence of Congress, can be treated as the cause of the war. Sir, the course of the Opposition on this point renders it necessary to look back a little at the history of this "act of annexation." I shall not, however, weary the committee with more on this point than a re- view of facts, which confute the declaration that the President, by his own illegal act in occupying the territory west of the Nueces, without the con- currence of Congress, caused the war. It will not be denied, sir, that the act of anneTcation was a formal act of the law-making; power of our Gov- ernment. The army of the United Stales was not moved beyond tiic Sabine until a convention of the people of Texas had accepted the terms of annex- ation offered by Conjjrcss. This was in the sum- mer of 1845, when the Government of the United States assigned General Taylor to the command of the army of observation, destined to defend and protect the soil of Texas, informing him that his ultimate destination would be the western frontier of Texas, on or near the Rio Grande. (See Mr. Bancroft's despatch in June or July, 1845.) In December, 1845, Congress was informed that Gen- eral Taylor had been assigned to the defence of the country west of the Rio Grande. In the same month, and after receiving this information. Con- gress, by a formal act, consummated annexation, ond extended American jurisdiction over the whole of Texas, without reserve or limitation. A refer- ence to this act of admission of the State of Texas (29th December, 1845) will show that it was the State of Texas that was admitted, wiiU a consti- tution alieady formed, affirming the declaratory statutes which defined the boundary west to the Rio Grande; and with such boundary she was ad- mitted a Stale into the Union. This act of Con- gress settles the question at issue, and establishes the concuirence of Congress with the President in taking possession and sovereignly over the country west to the Rio Grande; for on the same day an- other act was passed, extending, in general terms, the laws of the United States within the State of Texas. Mr. CRISFIELD here interposed, to say that his colleague was wrong in point of fact. Mr. McLANE said, that if he was wrong in the statement he had made, the burden and all the injury would rest upon him. 'Mr. BOYD and Mr. CRISFIELD here made 8ome additional remarks, which were not audible to the reporter, being addressed to Mr. McLane, near whom both gentlemen were seated. Mr. McLANE replied, that it was to him a mat- ter of indifference, whether the Texan constitu- tion of 1836 did or did not define her boundary. Mr. K..A.UFMAJM, of Texas, being appealed to by several gentlemen around him, (interposing,) said: The constitution of the Republic of Texas did not define the western boundary of that State. It was defined, however, by a la^o of the first Con- gress of the Republic of Texas, passed in Decem- ber, 1836. The constitution of the Slate of Texas declares all laws of the Republic of Texas in force not repugnant to the United States Constitution, or the annexation resolutions. Mr. BOTTS asked the gentleman from Texas whether ^he boundary of Texas, as described by tlie act of her Congress of 1836, included Santa Fe? Mr. KAUFMAN replied that it did; that it in- cluded all the territory east of the Rio Grande, from its mouth to its source; and that the Congress of the United States which passed the annexation .resolutions, approved March 1, 1845, understood that Texas included Santa Fe ; for it provided that States formed out of Ike territory of Texas north of 36^ degrees should be free Stales; while Santa Fe is south of 36| degrees north latitude. Mr. K. fur- ther said, that the Republic of Texas, previous to annexation, had established post routes from Bexar to Laredo, on the east bank of the Rio Grande, and from Corpus Christi to Point Isabel, and that evenj portion of territory east oftheRio Grande, from its mouth to its source, and north to the 42d degree of north latitude, vas included by different acts nf the Congress of the Republic (if Texas, previous to annex- ation, willunlhe limits of some organized or establish- ed county of said Republic ! Mr. McLANE continued. Subsequently (he .said) Congress organized the revenue districts in Texas, in such wise that one district was bounded on the west by the J^ueces, another on the east by the Nueces, and the west by the Rio Grande; and the Senate confirmed the nomination of revenue officers assigned to the districts so located. Sir, I would remark that I am not now engaged with an examination of the boundary question between Texas and Mexico; I am considering thecalunmy thrown upon this Government by the declaration that the occupation of the country between the Nueces and the Rio Grande was the illegal and unconstitutional act of the President, without the concurrence of Congress. Sir, I think it just to get rid of this issue, before I engage with any ex- amination of the real origin of the war; for I con- sider the declaration, so often repeated by the Opposition, that the occupation of the country between the Nueces and the Rio Grande was the act of the President, without the concurrence of Congress, to be in itself a calumny. I present, therefore, in this connection, to the at- tention of the committee, that in June, 1845, Gen- eral Taylor had indicated to him the extent of country to the Rio Grande, claimed as Texas, un- der the act of annexation, receiving at the same time his orders to defend and protect that territory; while Congre.«^s, in December, 1845, on their first meeting were informed fully by the President of his action in Texas — to which they took no excep- tion; but, on the contrary, legislated, without re- straint and without limit, for all the territory claimed as Texas; and particularly committed it- self to this territory west of the Nueces, by further and particular legislation in the establishment of a custom-house and revenue di.-5trict west of that river. Upon this state of facts, I feel constrained to regard as a calumny the assertion that the terri- tory west of the Nueces was occupied by the ille- gal and unconstitutional order of the President of the United States loithout the concurrence of Con- gress. Sir, I have seen it suggested from the Opposition that the war, though just and honorable as the re- sult of annexation as between Mexico and the United States, yet, as between the different branches of this Government, there exists a responsibility with the Executive, peculiar and painful, created by the rash act of the President in ordering the troops to the Rio Grande, provoking the state of active hostilities. Such a conclusion could only result, sir, from the struggle of a generous spirit, under the impulse of patriotism, called to an unwilling association with the Opposition. Such an assault on the Presi- dent, like the broad declaration affirmed by this House, and already referred to, must be refuted by a simple review of the history of annexation; and coming from ihe Opposition, under all the ex- isting circumstances, it is even more unwarrant- alile than the abstract denunciation of the illegality and unconstitutionality of such an order. In re- pelling this assault upon the wisdom and capacity of the President in one particular act of adminis- tration, it must be observed, that even in view of the act of territorial occupation west of the Nueces, this advance to the Rio Grande was not made for months after our armies were posted west of the Nueces, and for months after Congress had actu- ally extended American laws and American life into that territory; nor until months after General Taylor, who was intrusted with the defence and protection of Texas, had repeatedly urged and ad- vised ihe movement, upon high considerations of military and political propriety; nor until months after the organization of the Mexican armies on the banks of the Rio Grande river, under peremp- tory orders to cross that river, and seek our peo- Ele at Corpus Christi, or wherever else they might e found. This movement, made with caution, with care, in a purely defensive spirit, subordinate and secondary to the occupation of the country west of the Nueces, which was made six months before the advance to the Rio Grande was ordered; and this movement, which was withheld for months, at the expi-ess command of the President, that every possible effort to settle differences by negotiation might be exhausted, is seized upon by one branch of the Opposition as an illegal and un- constitutional act, by another as an unwise one, and by both, as the cause of the war, proximate or remote. Sir, one other ground of reproach is relied on by the Opposition, which is to attach the responsibil- ity of this war to the President. He is denounced, sir, for electing the alternative joint resolution for the admission of the State of Texas into the Union, rather than the resolutions which proposed nego- tiation. Sir, not to remark that tlie President's predecessor had already made the election, let me only suggest that Congress authorized the election; and that it savors somewhat of presumption, to argue now, in the dark, that a different election would have avoided wac For one, sir, I believe the alternative election of negotiation would have lost Texas altogether. Mr. Chairman, I think the war — 1st. In its origin, just, honorable, and necessary, (1 mean unavoidable.) 2d. I think it is being prosecuted with the avow- ed object of conquering a peace, which would se- cure indemnity for the past and security for the future. 3d. I think indemnity and security may consist in pecuniary, territorial, or commercial conditions, altogether or severally. 4th. I think the war-power under our Federal Constitution omnipotent under the recognized laws of nations, as established on principles of humari- ity and civilization. 5th. I would inquire how shall this war-power be exercised in the further prosecution of the ex- isting war with Mexico. What, sir, are the facts which develop the ori- gin and history of this war? In 183G, the Pccpub- fic of Texas accomplished a revolution with the sioord. I do not speak of the country formerly known as Louisiana, and alleged to have been bounded by tlie Rio Grande; I do not speak of the Mexican department of Texas, alleged to have been bounded by tlie J^ueces; !)nt, sir, I speak of the revolutionized Republic of Texas — consist- ing of the people of the department of Texas, and portions of the people of Tamaulipas and Coahuila — who, after driving the Mexican ar- mies beyond the Rio Grande, and at once or- ganizing a Government, declared that river to be their western boundary; and, from that time to the present, maintained complete and undisturbed possession of the soil west to the Rio Grande; so far as concerned their intercourse with the United Slates and the nations of- the earth who had re- cognizfed their national independence — England, France, and other great Powers inclusive. Within these limits of boundary, they exercised in their intercourse 'with these nations all the rights of sovereignty; and even in their relations with Mex- ico, actually making peace on the recognition of such boundaries, stipulating for the withdrawal of the Mexican armies to the west of the Rio Grande, and the release of the Mexican command- er-in-chief, and further maintaining such boundary against all subsequent efforts of Mexico to obtain a permanent footing on that soil from which her armies had been driven in the war of the revolu- tion; while the people who continued to inhabit such territory were recognized as citizens of Tex- as, tendering^lheir allegiance, and being represent- ed in the Congress of Texas, and, I believe, in the very Convention that accepted our terms of admission. These acts of sovereignty have been often referred to in this House. As one act of such sovereignty, Texas became a State of our Federal Union, bringing with her the old quarrel with Mexico, which, at the time of annexation, was the Mexican claim to all of Texas; and this quar- rel, to the extent of war with Mexico, or other Powers interfering with the "act of annexation," I cheerfully assume as the price of Texas. Sir, observe the conduct of the two Governments in their intercourse, now that the act of annexation has transferred this intercourse to the Federal Ad- ministration ; see the insolence of Mexico and the forbearance of the United States; see the declara- tion of Almonte, withdrawing from our country on the passage of the act of annexation ; see every subsequent stage of the controversy between Mex- ico and the United States, and every despatch of every minister, in every change of a changing Government. The offence was the act of annex- ation. That act was the act of Congress, and the occupation of any part of Texas was an offence in the eyes of Mexico ; but the occupation of any and every part was the dnlij of the President, and had necessarily the concurrence of Congress, in virtue alone of the original act of annexation, which was a just, a wise, a constitutional act, and in advance sanetioned by the will of the peop.a of the United States, and ratified by the people of a free and sovereign republic, holding dominion from the Sabine "west to the Rio Grande. Seethe subse- 'quent and subordinate ground of complaint, aris- ing out of the disputed boundary question — sup- posing the major, offence of annexation reconciled; and, in this connection, observe the cautious, for- bearing, conciliating course of the American Exec- utive, holding the American forces on the extreme eastern border of the disputed territory until every effort for a peaceful adjustment of differences seem- ed hopeless ; and further observe the cautious, de- fensive policy adopted in occupying and defending the soil uf this new State. On the other hand, sir, see the war issue on which Paredes overthrew the Government of Her- rera, confessedly because the annexation of Texas 6 was cause of war. Arid here, sir, in this Paredcs revoliUion, may be seen really the occasion nf hos- tililirs, if gentlemen wish to refine upon the orio;in of the Mexip.an war; for, sir, this revnlunon once accomplished, see the oflcnsive, hostile, ag- gressive s[)irit with which the Mexican army was ordered to talce/orcib/e possession not only of that territory which, in some collatpral issues of the negotiation, had been styled dlspulril, but also of the territory of Texas all the way to the Sabine. Surrenderirig then, sir, all the advantage which re- sults from the acknowledged sovereignly of Texas to the Rio Grande, and the transfer of that sover- eignty to tlie Federal Government, we can aflbrd to stand upon the issue oCopposilion, now very nat- urally adopted by our beateti and desperate enemy, and acknowledge, for the moment, that Texas, to the Nueces, was legally and rightfully occupied by our troops, and that all beyond, to the Rio Grande, was disjmted territory., For, sir, the American Government took defensive possession, and the Mexican Government offensive possession of this territory, contemporaneously — hostilities occur- ring at a moment when the American general was ordered to act defensively, and the Mexican to in- vade and act ofi'ensively. What can be more conclusive to establish the necessity, the justice, and the obligation of honor, imposed upon our Government to recognize and engage in the prosecution of such a war? What more conclusive to establish the wisdom and for- bearance of the Executive? And yet the Congress that recognized such a war are branded as voting a "falsehood," and the Executive arm is paralyzed by the denunciation of a majority of this House — a denunciation pov.-erless but for insult, since we hear nothing of impeachment, the only legitimate fruit of such a denunciation. Satisfied, then, sir, that the war is just, honor- able, and necessary, I desire, in the second place, to ascertain if it is prosecuted with an honorable and intelligent purpose. The war message of May, ]846, and every subsequent annual message and special message, have all declared that the war is prosecuted with the sole object of conquering a satisfactory peace ; and these Executive declara- tions have been understood to involve the princi- ple of demanding indemnity, both for the expenses of the war, and the past injuries and wrongs inflicted by Mexico upon citizens of the United States. In view, then, of these two positions, and the repeated rejection of our peaceful overtures, I see no course left to this Goverimient, but the con- tinued prosecution of the war, until the power that governs Mexico is subdued; we then dictate our own terms, and accomplish our avowed purpose of conquering a peace. I thus distinguish, sir, be- tween the conquest of peace and the subjugation* of the poicer that governs a country, and the subju- gation or annihilation of the country itself, with all its institutions and municipal existence. Here, sir, arises an interesting inquiry. Such a subjugation of the power that govern.^ Mexico once accomplished, what indcmnily shall be de- manded? This inquiry must be resolved before we can wisely apply our war-making power in the further prosecution of the war; for, m the enun- ciation of my third pro})osition, 1 have stated, in terms somewhat comprehensive, the scope of in- ternational indemnity. I feel constrained, sir, to pass over, without consideration, the idea of a simple pecnniary indemnity, or a pecuniary guar- antee of security for the future in our relations with Mexico. I distrust, utterly, all expectation of ever obtaining such. So, sir, in regard to mere abstract territorial acquisition. 1 cannot believe that the mere acquisition of a portion of the Mex- ican territory, embracing even the valley of the Rio Grande, to the whole extent of territory com- prised east of the Sicrrn J*/a(ire, and including New Mexico and California — which, though .somewhat beyond the recommendation of the President, has beensHggcs/e(