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