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Records, we pronounce every word of all | repudiated the main ground of the claim this statement utterly without foundation set up by Texas-her Legislative Act of in fact. The country where our army was 1836, declaring the Rio Grande to be her found when the first blood was shed, was boundary in its whole extent; for this not American soil. It was in the peacea- would give her a large part of New Mexico, ble possession and actual occupancy of and he has, by the most unequivocal acts, Mexico, and under her undisputed juris- treated this part of her claim with contempt. diction, as it had always been since she was Though it be true, therefore, that the a nation, and as Spain had possessed and President asserted a claim for a boundary governed it before her. If the United on the Rio Grande, when this war was beStates once preferred a claim, as against gun, yet it was only a claim, and had not Spain, to the Rio del Norte as the shadow of truth and justice to support boundary of French Louisiana, the pre- it. The boundary between the State of tension was yielded by solemn treaty with Texas and the Republic of Mexico was unthat power in 1819. Thus the Sabine was defined, and so considered and left by settled as the boundary of our possessions Congress in the Act of Annexation. It in that direction, and the Republic of was no further undefined and in dispute, Mexico became the undisputed mistress of however, than as Texas had laid the founthe country from that river westward. dation of a claim to some territory on and Texas with Coahuila was a State of the adjacent to the right bank of the Nueces, Mexican Confederation, and the indisputa- by having established and exercised actual ble limit of Texas in the south-west was jurisdiction over some small settlements the Nueces. Texas revolted and established along there. But because this left the her independence; and when she annexed President at liberty to plant one foot on herself to the United States, the Nueces the Nueces, it did not authorize him to was still her boundary, except that she had plant the other on the Bravo, and so claim so far encroached on the neighboring loyal the whole country embraced in his colosState of Tamaulipas, as to have a small sal stride. Considering the hold which settlement on the right bank of that river, Texas has acquired on the Mexican side of over which she exercised jurisdiction. the Nueces, and looking at the peculiar Thus far the just claim of Texas may go, topography of the country, the true bounand no farther. Beyond Corpus Christi, dary separating the two countries, would or San Patricio, in that direction, she had be the broad desert between the two rivers, neither possession nor jurisdiction. Thence the line of which might properly run began a desert, a hundred and twenty through its centre. We have not a doubt miles wide, and reaching to within a few that Mexico would have consented to this, miles of the Rio Grande, where was a long if it had been proposed or suggested.

In established Mexican population, under un- effect, indeed, this is what she herself prodisputed Mexican jurisdiction. Here it was posed. She offered to have the uninhabthe first blood was shed in this war. The ited desert preserved forever as a boundaclaim which Texas asserted to the whole of ry, and barrier, to secure each country this country between the rivers Nueces and from the other. del Norte, and that which the President She knew very well that peace could has set up after her example, rest on a never be maintained, if the Anglo-Saxon title which is no better than a base and im was to be planted on one side of a narrow pudent forgery. It is a naked paper title stream like the Rio del Norte, from which in the shape of legislative enactmenis, made he could look into the windows of the by the party setting up the claim, and Mexican on the opposite side ; and she having not a shadow of right to stand upon. refused to make that river the boundary. A man could as well make himself a deed Besides, though the real value of the of his neighbor's farm, and establish a right country was not great, yet there were under it in a court of justice. The most Mexican citizens who had their home on distinguished men of the President's own the left bank of that river, and she nobly party have derided and denounced this declared that “it was not for the Mexican claim of title : Benton, Wright, Woodbury, government to weigh the price of the athave done so. The President bimself has tachment of the citizen to the soil on which

he is born." “ As to these Mexicans, can | difficulty, if Mr. Trist's demands for terria government go and sell them like cat- tory had not put an end to all hopes of tle!"

peace. Mexico asked for indemnity to We do not hesitate to say that the claim her citizens for injuries sustained from our of title, or right, asserted by the President troops in the prosecution of the war; to the entire tract between the Nueces and she wished to levy duties on goods and the Bravo, was a baseless pretension, found in her ports, which had been imset up to cover a foregone resolution, right ported under the authority of the Presior wrong, to make it a part of the terri- dent, and had paid duties into his military tory of the United States. And the de- chest. The President makes the most of mand, therefore, at the conferences near these objectionable claims, in his Message, Chapultepec, of “a boundary on the Rio calling them a part of the Mexican ultimaGrande,” as an ultimatum, notwithstand- tum, and forgetting entirely that the Mexing the offer of Mexico to make the desert, ican Commissioners, in presenting their intermediate the two rivers, in effect, the Counter-Project, referred to them expressly frontier of the two countries, was, in as matters of “minor moment,” which truth, like those for California and New could occasion no serious difficulty. It is Mexico, a naked demand for the further certain that the negotiations for peace did dismemberment still of Mexico, to be as not fail on account of these matters of sented to by that power, under the penalty * minor moment,” but that they did fail of the immediate resumption and prosecu- solely on the ground of the naked demands tion of the war against her.

of our Commissioner, as the President's We have said, that from the termina- | ultimatum, for the dismemberment of the tion of the conferences between Mr. Trist Mexican empire. and the Mexican Commissioners, the war Let it be observed, then-let the people became explicitly and without disguise a of this abused country understand that war for the Conquest and Dismemberment it was upon such an issue as we have here of Mexico. We say that Conquest and demonstrated-upon the President's deDismemberment became the sole object mands and ultimatum, for the dismemberof the war. We have shown precisely ment of Mexico, and upon that issue only— what particular portions of the Mexican that this war was begun de noro, after the dominions were demanded to be ceded to breaking up of the conferences near Chathe United States, and that, in every in- pultepec. Upon this Issue of Dismemberstance, these were naked demands, with- ment, the awful battle of El Molino del out any just pretence of right or title, and Rey was fought. Upon this issue of Diswithout any excuse or apology, to be found memberment, the terrible conflict at Chain any remaining cause of complaint pultepec was waged, and the murderous against Mexico, or any unsatisfied claims affairs at the gates of Belen and San upon her for indemnity, existing when the Cosme were enacted. Upon this Issue of war commenced, or to which the war could Dismemberment, the proud capital of the have any just relation. We have shown enemy was entered, sword in hand, and the how every other demand of the American colors of the United States hoisted on the Commissioner, except only his naked de- National Palace. Wonderful achievements mands for the dismemberment of the Mex- all-brilliant and glorious feats of arms ican empire, was met by the most ample if only they had been exhibited in a cause offers and concessions on the part of the where national justice and honor, and huMexican Commissioners, leaving, in very man rights and human liberty, were to be truth, nothing else but those demands for defended! But every blow was struckdismemberment for the war to stand on. every life sacrificed-every gaping and

It is only necessary to add here, that bideous wound inflicted-upon this naked there were just two things embraced in Issue of Dismemberment! Úpwards of sixthe Counter-Project of a treaty presented teen hundred gallant American citizens by the Mexican Commissioners, which and noble spirits—and among them some would have been deemed inadmissible by of the most valued in the land--were struck Mr. Trist, and which, there cannot be a down in these battles alone; and of the doubt, would have been adjusted without | enemy, whole hecatombs were sacrificed ;

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all, all, upon this naked Issue of Dismem- , and submitas a lamb submits to the berment! Mexico would not consent to slaughter—to the enforced and enlarged dismemberment, for a consideration in dismemberment of her empire, which we money, and so the war was begun de noro, are resolved to complete and execute. All and prosecuted at the cost of such a hor- that is asked of her is, that she shall allow rible amount of human sacrifice.

us, without gainsaying or resistance, to apWe are already beyond the limits of the propriate to ourselves, including Texas, proper space allotted for this article, and only a little more than half of her territorial we must hasten to a conclusion, before we empire ; we generously consenting that, for have half finished what we would have the present, she shall keep what is left. said about the President's Message and the She has offered us enough for ample inWar. The Message shows us plainly demnity ; but she must give us the rest, enough what perplexity the President has according to our demands, or suffer the suffered, since he has found, what all con- horrors of an eternal war in the vital paris siderate and wise men understood before, of her country ! that Mexico is no nearer submitting to his What will Congress do on this great demand for her dismemberment, now that theme and subject ? Near the close of the her capital has fallen, than she was be- last session the Whigs in both Houses-fore. Let the country ponder well what in the Senate, on the motion of Mr. Berhe has finally brought bis courage up to rien, from the South ; in the House, on the propose as the future policy to be pursued. motion of Mr. Winthrop, from the North Instead of moderating his demands, he ac --voted in solid column, with only one tually proposes to enlarge them. He now nominal exception in each House, for redemands Lower California with the rest. stricting the Executive in the conduct of He now calls upon Congress to aid him, the war, so that it should not be prosecuted by legislative acts and ample military sup- for the dismemberment of Mexico. The plies, in appropriating permanently to our: Whigs in the present Congress will not forselves, and without any reference to Mexi- get this example. Can there be a sane can consent, both the Californias, the whole man in Congress, or in the country, who of New Mexico, and the tract between the has the true honor and the safety of the Nueces and Bravo. Of course, they can country at heart, and is governed by any only be appropriated as countries con notions of common justice, who will not quered in war. And we are not to content say, with Texas yielded and the vexed ourselves with taking, and governing, and question of Annexation at rest; with the defending these countries, but we must broad desert between the Nueces and the still prosecute the war, “ with increased Bravo for a boundary and frontier separaenergy and power in the vital parts of the ting Texas from Mexico ; and with five deenemy's country.We must hold her grees, or 190,000 square miles, of the terother towns and provinces, so far as al- ritory of Upper California for our indemready overpowered, and as many more as nity, including the finest harbor and bay we can get conquer, by military occupation, in that part of the Pacific ; that we ought and we must try to feed our armies on the to have peace with Mexico ?

God help substance of the Mexican people. And all this infatuated country, if peace may not be this we must do, in order to compel Mexico embraced and secured on the offer of such to cease her resistance to us, and consent terms as these!

D. D. B.

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The proceedings of the Convention at which that could be obtained is expressly Chicago in July last, and the hope found- prohibited by the 10th section of the 1st ed upon them of an early and favorable ac article of the Constitution, which provides tion of Congress on the subject of river and that ' No State shall enter into any treaty, harbor improvements, give a new interest alliance, or confederation.' But if neither to what has heretofore been said and writ- individuals nor States, acting separately or ten, touching the extent of the power of jointly, have the power to improve its Congress in making the desired appropri- navigation, it must belong to the Federal ations. In this connection, several of the Government, if the power exists at all, as doctrines advanced by Mr. Calhoun, in his there is no other agency or authority, in our Report to the Senate on the Memorial of system of government, by which it could the Memphis Convention, hold a conspicu- be exercised. But if it does, it must be ous place; and, from the character of their comprised among the expressly granted or author, as well as the novelty and impor- enumerated powers, or among those netance of the principles presented, are cessary

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proper to carry them into efworthy of a special examination. Such fect ; as under the one or the other all the an examination we propose to give, prefa- powers belonging to it are to be found ; cing what we may offer with a brief abstract and thus the question is presented for conof so much of the Report as comes within sideration—is it to be found in either ?” my purpose.

Whether the needful power be found in Convinced of the importance of the nav either the express or implied powers, the igation of the Mississippi and its great tribu- Report proceeds to consider; and after detaries, and of the indispensable necessity of nying that it is to be found in the clause removing the obstructions to them, Mr. giving to Congress the power “to levy and Calhoun raises the inquiry, by whom these collect taxes, duties, imposts and excises, to obstructions shall be removed.

Who,pay the debts and provide for the common he asks,“ has the power, and whose duty defence and general welfare of the United is it, to improve the navigation of the Mis- States,” or that it is to be found in the sissippi and its great tributaries ?” He an- category of necessarily implied powers, it swers: “It is certainly not that of indi- expresses the opinion, “after full and maviduals. Its improvement is beyond their ture consideration of the subject," that it means and power. Nor is it that of the is to be found in the power * to regulate several States bordering on its navigable commerce with foreign nations and among waters : it is also beyond their means and the several States," and more specifically, power, acting separately. Nor can it be in that to regulate it among the States. done by their joint action. There are six- After expressing this opinion of the exislteen States, and two Territories that soon ence and origin of the power, the Report will be States, lying either wholly or partly goes on to explain what the Committee within the valley of the Mississippi, and * believe to be the nature and extent of the there is still ample space for several more. power;" and, on this point, the ComThese all have a common interest in its mittee are of opinion that the words commerce. Their united and joint action "among the States " restrict the power to would be requisite for the improvement of the regulation of the commerce of the its navigation. But the only means by States with each other, as separate or disVOL. I, NO, I, NEW SERIES,

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all, all, upon this naked Issue of Dismem-, and submit—as a lamb submits to the berment! Mexico would not consent to slaughter-to the enforced and enlarged dismemberment, for a consideration in dismemberment of her empire, which we money, and so the war was begun de noro, are resolved to complete and execute. All and prosecuted at the cost of such a hor- that is asked of her is, that she shall allow rible amount of human sacrifice.

us, without gainsaying or resistance, to apWe are already beyond the limits of the propriate to ourselves, including Texas, proper space allotted for this article, and only a little more than half of her territorial we must hasten to a conclusion, before we empire ; we generously consenting that, for have half finished what we would have the present, she shall keep what is left. said about the President's Message and the She has offered us enough for ample inWar. The Message shows us plainly demnity ; but she must give us the rest, enough what perplexity the President has according to our demands, or suffer the suffered, since he has found, what all con horrors of an eternal war in the vital parts siderate and wise men understood before, of her country! that Mexico is no nearer submitting to his What will Congress do on this great demand for her dismemberment, now that theme and subject ? Near the close of thə her capital has fallen, than she was be- last session the Whigs in both Houses-fore. Let the country ponder well what in the Senate, on the motion of Mr. Berhe has finally brought his courage up to RIEN, from the South ; in the House, on the propose as the future policy to be pursued. motion of Mr. WINTHROP, from the North Instead of moderating his demands, he ac --voted in solid column, with only one tually proposes to enlarge them. He now nominal exception in each House, for redemands Lower California with the rest. stricting the Executive in the conduct of He now calls upon Congress to aid him, the war, so that it should not be prosecuted by legislative acts and ample military sup- for the dismemberment of Mexico. The plies, in appropriating permanently to our- Whigs in the present Congress will not forselves, and without any reference to Mexi- get this example. Can there be a sane can consent, both the Californias, the whole man in Congress, or in the country, who of New Mexico, and the tract between the has the true honor and the safety of the Nueces and Bravo. Of course, they can country at heart, and is governed by any only be appropriated as countries con notions of common justice, who will not quered in war. And we are not to content say, with Texas yielded and the vexed ourselves'with taking, and governing, and question of Annexation at rest; with the defending these countries, but we must broad desert between the Nueces and the still prosecute the war, " with increased Bravo for a boundary and frontier separaenergy

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power in the vital parts of the ting Texas from Mexico; and with five deenemy's country.We must hold her grees, or 190,000 square miles, of the terother towns and provinces, so far as al ritory of Upper California for our indemready overpowered, and as many more as nity, including the finest harbor and bay we can yet conquer, by military occupation, in that part of the Pacific ; that we ought and we must try to feed our armies on the to have peace with Mexico ?

God help substance of the Mexican people. And all this infatuated country, if peace may not be this we must do, in order to compel Mexico embraced and secured on the offer of such to cease her resistance to us, and consent 'terms as these!

D. D. B.

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