have mentioned, I introduced a preamble, resolution, and interrogations,
intended to draw the President out, if possible, on this hitherto
untrodden ground. To show their relevancy, I propose to state my
understanding of the true rule for ascertaining the boundary between Texas
and Mexico. It is that wherever Texas was exercising jurisdiction was
hers; and wherever Mexico was exercising jurisdiction was hers; and that
whatever separated the actual exercise of jurisdiction of the one from
that of the other was the true boundary between them. If, as is probably
true, Texas was exercising jurisdiction along the western bank of the
Nueces, and Mexico was exercising it along the eastern bank of the Rio
Grande, then neither river was the boundary: but the uninhabited country
between the two was. The extent of our territory in that region depended
not on any treaty-fixed boundary (for no treaty had attempted it), but on
revolution. Any people anywhere being inclined and having the power have
the right to rise up and shake off the existing government, and form a
new one that suits them better. This is a most valuable, a most sacred
right--a right which we hope and believe is to liberate the world. Nor
is this right confined to cases in which the whole people of an existing
government may choose to exercise it. Any portion of such people that can
may revolutionize and make their own of so much of the territory as they
inhabit. More than this, a majority of any portion of such people may
revolutionize, putting down a minority, intermingled with or near about
them, who may oppose this movement. Such minority was precisely the case
of the Tories of our own revolution. It is a quality of revolutions not to
go by old lines or old laws, but to break up both, and make new ones.
As to the country now in question, we bought it of France in 1803, and
sold it to Spain in 1819, according to the President's statements. After
this, all Mexico, including Texas, revolutionized against Spain; and still
later Texas revolutionized against Mexico. In my view, just so far as
she carried her resolution by obtaining the actual, willing or unwilling,
submission of the people, so far the country was hers, and no farther.
Now, sir, for the purpose of obtaining the very best evidence as to
whether Texas had actually carried her revolution to the place where the
hostilities of the present war commenced, let the President answer the
interrogatories I proposed, as before mentioned, or some other similar
ones. Let him answer fully, fairly, and candidly. Let him answer with
facts and not with arguments. Let him remember he sits where Washington
sat, and so remembering, let him answer as Washington would answer. As
a nation should not, and the Almighty will not, be evaded, so let him
attempt no evasion--no equivocation. And if, so answering, he can show
that the soil was ours where the first blood of the war was shed,--that
it was not within an inhabited country, or, if within such, that the
inhabitants had submitted themselves to the civil authority of Texas or
of the United States, and that the same is true of the site of Fort Brown,
then I am with him for his justification. In that case I shall be most
happy to reverse the vote I gave the other day. I have a selfish motive
for desiring that the President may do this--I expect to gain some votes,
in connection with the war, which, without his so doing, will be of
doubtful propriety in my own judgment, but which will be free from the
doubt if he does so. But if he can not or will not do this,--if on any
pretence or no pretence he shall refuse or omit it then I shall be fully
convinced of what I more than suspect already that he is deeply conscious
of being in the wrong; that he feels the blood of this war, like the blood
of Abel, is crying to heaven against him; that originally having some
strong motive--what, I will not stop now to give my opinion concerning
to involve the two countries in a war, and trusting to escape scrutiny
by fixing the public gaze upon the exceeding brightness of military
glory,--that attractive rainbow that rises in showers of blood, that
serpent's eye that charms to destroy,--he plunged into it, and was swept
on and on till, disappointed in his calculation of the ease with which
Mexico might be subdued, he now finds himself he knows not where. How like
the half insane mumbling of a fever dream is the whole war part of his
late message! At one time telling us that Mexico has nothing whatever that
we can get--but territory; at another showing us how we can support the
war by levying contributions on Mexico. At one time urging the national
honor, the security of the future, the prevention of foreign interference,
and even the good of Mexico herself as among the objects of the war; at
another telling us that "to reject indemnity, by refusing to accept a
cession of territory, would be to abandon all our just demands, and to
wage the war, bearing all its expenses, without a purpose or definite
object." So then this national honor, security of the future, and
everything but territorial indemnity may be considered the no-purposes and
indefinite objects of the war! But, having it now settled that territorial
indemnity is the only object, we are urged to seize, by legislation here,
all that he was content to take a few months ago, and the whole province
of Lower California to boot, and to still carry on the war to take all
we are fighting for, and still fight on. Again, the President is resolved
under all circumstances to have full territorial indemnity for the
expenses of the war; but he forgets to tell us how we are to get the
excess after those expenses shall have surpassed the value of the whole
of the Mexican territory. So again, he insists that the separate national
existence of Mexico shall be maintained; but he does not tell us how
this can be done, after we shall have taken all her territory. Lest the
questions I have suggested be considered speculative merely, let me be
indulged a moment in trying to show they are not. The war has gone on some
twenty months; for the expenses of which, together with an inconsiderable
old score, the President now claims about one half of the Mexican
territory, and that by far the better half, so far as concerns our ability
to make anything out of it. It is comparatively uninhabited; so that we
could establish land-offices in it, and raise some money in that way. But
the other half is already inhabited, as I understand it, tolerably
densely for the nature of the country, and all its lands, or all that are
valuable, already appropriated as private property. How then are we to
make anything out of these lands with this encumbrance on them? or how
remove the encumbrance? I suppose no one would say we should kill the
people, or drive them out, or make slaves of them, or confiscate their
property. How, then, can we make much out of this part of the territory?
If the prosecution of the war has in expenses already equalled the better
half of the country, how long its future prosecution will be in equalling
the less valuable half is not a speculative, but a practical, question,
pressing closely upon us. And yet it is a question which the President
seems never to have thought of. As to the mode of terminating the war and
securing peace, the President is equally wandering and indefinite. First,
it is to be done by a more vigorous prosecution of the war in the vital
parts of the enemy's country; and after apparently talking himself tired
on this point, the President drops down into a half-despairing tone,
and tells us that "with a people distracted and divided by contending
factions, and a government subject to constant changes by successive
revolutions, the continued success of our arms may fail to secure a
satisfactory peace." Then he suggests the propriety of wheedling the
Mexican people to desert the counsels of their own leaders, and, trusting
in our protestations, to set up a government from which we can secure
a satisfactory peace; telling us that "this may become the only mode of
obtaining such a peace." But soon he falls into doubt of this too; and
then drops back on to the already half-abandoned ground of "more vigorous
prosecution." All this shows that the President is in nowise satisfied
with his own positions. First he takes up one, and in attempting to argue
us into it he argues himself out of it, then seizes another and goes
through the same process, and then, confused at being able to think of
nothing new, he snatches up the old one again, which he has some time
before cast off. His mind, taxed beyond its power, is running hither and
thither, like some tortured creature on a burning surface, finding no
position on which it can settle down and be at ease.
Again, it is a singular omission in this message that it nowhere intimates
when the President expects the war to terminate. At its beginning, General
Scott was by this same President driven into disfavor if not disgrace, for
intimating that peace could not be conquered in less than three or four
months. But now, at the end of about twenty months, during which time our
arms have given us the most splendid successes, every department and every
part, land and water, officers and privates, regulars and volunteers,
doing all that men could do, and hundreds of things which it had ever
before been thought men could not do--after all this, this same President
gives a long message, without showing us that as to the end he himself has
even an imaginary conception. As I have before said, he knows not where he
is. He is a bewildered, confounded, and miserably perplexed man. God grant
he may be able to show there is not something about his conscience more
painful than his mental perplexity.
The following is a copy of the so-called "treaty" referred to in the
speech:
"Articles of Agreement entered into between his Excellency
David G. Burnet, President of the Republic of Texas, of the one part,
and his Excellency General Santa Anna, President-General-in-Chief of the
Mexican army, of the other part:
"Article I. General Antonio Lopez de Santa Anna agrees that
he will not take up arms, nor will he exercise his influence to cause
them to be taken up, against the people of Texas during the present war of
independence.
"Article II. All hostilities between the Mexican and Texan
troops will cease immediately, both by land and water.
"Article III. The Mexican troops will evacuate the territory
of Texas, passing to the other side of the Rio Grande Del Norte.
"Article IV. The Mexican army, in its retreat, shall not
take the property of any person without his consent and just
indemnification, using only such articles as may be necessary for its
subsistence, in cases when the owner may not be present, and remitting
to the commander of the army of Texas, or to the commissioners to be
appointed for the adjustment of such matters, an account of the value of
the property consumed, the place where taken, and the name of the owner,
if it can be ascertained.
"Article V. That all private property, including cattle,
horses, negro slaves, or indentured persons, of whatever denomination,
that may have been captured by any portion of the Mexican army, or may
have taken refuge in the said army, since the commencement of the late
invasion, shall be restored to the commander of the Texan army, or to such
other persons as may be appointed by the Government of Texas to receive
them.
"Article VI. The troops of both armies will refrain from
coming in contact with each other; and to this end the commander of the
army of Texas will be careful not to approach within a shorter distance
than five leagues.
"Article VII. The Mexican army shall not make any other
delay on its march than that which is necessary to take up their
hospitals, baggage, etc., and to cross the rivers; any delay not necessary
to these purposes to be considered an infraction of this agreement.
"Article VIII. By an express, to be immediately despatched,
this agreement shall be sent to General Vincente Filisola and to General
T. J. Rusk, commander of the Texan army, in order that they may be
apprised of its stipulations; and to this end they will exchange
engagements to comply with the same.
"Article IX. That all Texan prisoners now in the possession
of the Mexican army, or its authorities, be forthwith released, and
furnished with free passports to return to their homes; in consideration
of which a corresponding number of Mexican prisoners, rank and file, now
in possession of the Government of Texas shall be immediately released;
the remainder of the Mexican prisoners that continue in the possession
of the Government of Texas to be treated with due humanity,--any
extraordinary comforts that may be furnished them to be at the charge of
the Government of Mexico.
"Article X. General Antonio Lopez de Santa Anna will be sent
to Vera Cruz as soon as it shall be deemed proper.
"The contracting parties sign this instrument for the abovementioned
purposes, in duplicate, at the port of Velasco, this fourteenth day of
May, 1836.
"DAVID G. BURNET, President,
"JAS. COLLINGSWORTH, Secretary of State,
"ANTONIO LOPEZ DE SANTA ANNA,
"B. HARDIMAN, Secretary of the Treasury,
"P. W. GRAYSON, Attorney-General."
REPORT IN THE HOUSE OF REPRESENTATIVES, JANUARY 19, 1848.
Mr. Lincoln, from the Committee on the Post-office and Post Roads, made
the following report:
The Committee on the Post-office and Post Roads, to whom was referred the
petition of Messrs. Saltmarsh and Fuller, report: That, as proved to
their satisfaction, the mail routes from Milledgeville to Athens, and from
Warrenton to Decatur, in the State of Georgia (numbered 2366 and 2380),
were let to Reeside and Avery at $1300 per annum for the former and $1500
for the latter, for the term of four years, to commence on the first day
of January, 1835; that, previous to the time for commencing the service,
Reeside sold his interest therein to Avery; that on the 5th of May, 1835,
Avery sold the whole to these petitioners, Saltmarsh and Fuller, to
take effect from the beginning, January a 1835; that at this time, the
Assistant Postmaster-General, being called on for that purpose, consented
to the transfer of the contracts from Reeside and Avery to these
petitioners, and promised to have proper entries of the transfer made on
the books of the department, which, however, was neglected to be done;
that the petitioners, supposing all was right, in good faith commenced the
transportation of the mail on these routes, and after difficulty arose,
still trusting that all would be made right, continued the service
till December a 1837; that they performed the service to the entire
satisfaction of the department, and have never been paid anything for it
except $----; that the difficulty occurred as follows:
Mr. Barry was Postmaster-General at the times of making the contracts
and the attempted transfer of them; Mr. Kendall succeeded Mr. Barry, and
finding Reeside apparently in debt to the department, and these contracts
still standing in the names of Reeside and Avery, refused to pay for the
services under them, otherwise than by credits to Reeside; afterward,
however, he divided the compensation, still crediting one half to Reeside,
and directing the other to be paid to the order of Avery, who disclaimed
all right to it. After discontinuing the service, these petitioners,
supposing they might have legal redress against Avery, brought suit
against him in New Orleans; in which suit they failed, on the ground
that Avery had complied with his contract, having done so much toward the
transfer as they had accepted and been satisfied with. Still later the
department sued Reeside on his supposed indebtedness, and by a verdict of
the jury it was determined that the department was indebted to him in a
sum much beyond all the credits given him on the account above stated.
Under these circumstances, the committee consider the petitioners clearly
entitled to relief, and they report a bill accordingly; lest, however,
there should be some mistake as to the amount which they have already
received, we so frame it as that, by adjustment at the department, they
may be paid so much as remains unpaid for services actually performed by
them not charging them with the credits given to Reeside. The committee
think it not improbable that the petitioners purchased the right of Avery
to be paid for the service from the 1st of January, till their purchase
on May 11, 1835; but, the evidence on this point being very vague, they
forbear to report in favor of allowing it.
TO WILLIAM H. HERNDON--LEGAL WORK
WASHINGTON, January 19, 1848.
DEAR WILLIAM:--Inclosed you find a letter of Louis W. Chandler. What
is wanted is that you shall ascertain whether the claim upon the note
described has received any dividend in the Probate Court of Christian
County, where the estate of Mr. Overbon Williams has been administered
on. If nothing is paid on it, withdraw the note and send it to me, so that
Chandler can see the indorser of it. At all events write me all about it,
till I can somehow get it off my hands. I have already been bored more
than enough about it; not the least of which annoyance is his cursed,
unreadable, and ungodly handwriting.
I have made a speech, a copy of which I will send you by next mail.
Yours as ever,
A. LINCOLN.
REGARDING SPEECH ON MEXICAN WAR
TO WILLIAM H. HERNDON.
WASHINGTON, February 1, 1848.
DEAR WILLIAM:--Your letter of the 19th ultimo was received last night, and
for which I am much obliged. The only thing in it that I wish to talk to
you at once about is that because of my vote for Ashmun's amendment you
fear that you and I disagree about the war. I regret this, not because of
any fear we shall remain disagreed after you have read this letter, but
because if you misunderstand I fear other good friends may also. That vote
affirms that the war was unnecessarily and unconstitutionally commenced by
the President; and I will stake my life that if you had been in my place
you would have voted just as I did. Would you have voted what you felt
and knew to be a lie? I know you would not. Would you have gone out of the
House--skulked the vote? I expect not. If you had skulked one vote,
you would have had to skulk many more before the end of the session.
Richardson's resolutions, introduced before I made any move or gave any
vote upon the subject, make the direct question of the justice of the war;
so that no man can be silent if he would. You are compelled to speak; and
your only alternative is to tell the truth or a lie. I cannot doubt which
you would do.
This vote has nothing to do in determining my votes on the questions of
supplies. I have always intended, and still intend, to vote supplies;
perhaps not in the precise form recommended by the President, but in a
better form for all purposes, except Locofoco party purposes. It is in
this particular you seem mistaken. The Locos are untiring in their efforts
to make the impression that all who vote supplies or take part in the war
do of necessity approve the President's conduct in the beginning of
it; but the Whigs have from the beginning made and kept the distinction
between the two. In the very first act nearly all the Whigs voted against
the preamble declaring that war existed by the act of Mexico; and yet
nearly all of them voted for the supplies. As to the Whig men who have
participated in the war, so far as they have spoken in my hearing they
do not hesitate to denounce as unjust the President's conduct in the
beginning of the war. They do not suppose that such denunciation is
directed by undying hatred to him, as The Register would have it believed.
There are two such Whigs on this floor (Colonel Haskell and Major James)
The former fought as a colonel by the side of Colonel Baker at Cerro
Gordo, and stands side by side with me in the vote that you seem
dissatisfied with. The latter, the history of whose capture with Cassius
Clay you well know, had not arrived here when that vote was given; but,
as I understand, he stands ready to give just such a vote whenever an
occasion shall present. Baker, too, who is now here, says the truth is
undoubtedly that way; and whenever he shall speak out, he will say so.
Colonel Doniphan, too, the favorite Whig of Missouri, and who overran
all Northern Mexico, on his return home in a public speech at St. Louis
condemned the administration in relation to the war. If I remember, G. T.
M. Davis, who has been through almost the whole war, declares in favor of
Mr. Clay; from which I infer that he adopts the sentiments of Mr. Clay,
generally at least. On the other hand, I have heard of but one Whig who
has been to the war attempting to justify the President's conduct. That
one was Captain Bishop, editor of the Charleston Courier, and a very
clever fellow. I do not mean this letter for the public, but for you.
Before it reaches you, you will have seen and read my pamphlet speech,
and perhaps been scared anew by it. After you get over your scare, read it
over again, sentence by sentence, and tell me honestly what you think of
it. I condensed all I could for fear of being cut off by the hour rule,
and when I got through I had spoken but forty-five minutes.
Yours forever,
A. LINCOLN.
TO WILLIAM H. HERNDON.
WASHINGTON, February 2, 1848
DEAR WILLIAM:--I just take my pen to say that Mr. Stephens, of Georgia, a
little, slim, pale-faced, consumptive man, with a voice like Logan's, has
just concluded the very best speech of an hour's length I ever heard. My
old withered dry eyes are full of tears yet.
If he writes it out anything like he delivered it, our people shall see a
good many copies of it.
Yours truly,
A. LINCOLN.
ON THE MEXICAN WAR
TO WILLIAM H. HERNDON.
WASHINGTON, February 15, 1848.
DEAR WILLIAM:--Your letter of the 29th January was received last night.
Being exclusively a constitutional argument, I wish to submit some
reflections upon it in the same spirit of kindness that I know actuates
you. Let me first state what I understand to be your position. It is that
if it shall become necessary to repel invasion, the President may, without
violation of the Constitution, cross the line and invade the territory of
another country, and that whether such necessity exists in any given case
the President is the sole judge.
Before going further consider well whether this is or is not your
position. If it is, it is a position that neither the President himself,
nor any friend of his, so far as I know, has ever taken. Their only
positions are--first, that the soil was ours when the hostilities
commenced; and second, that whether it was rightfully ours or not,
Congress had annexed it, and the President for that reason was bound to
defend it; both of which are as clearly proved to be false in fact as you
can prove that your house is mine. The soil was not ours, and Congress did
not annex or attempt to annex it. But to return to your position. Allow
the President to invade a neighboring nation whenever he shall deem it
necessary to repel an invasion, and you allow him to do so whenever he may
choose to say he deems it necessary for such purpose, and you allow him to
make war at pleasure. Study to see if you can fix any limit to his power
in this respect, after having given him so much as you propose. If to-day
he should choose to say he thinks it necessary to invade Canada to prevent
the British from invading us, how could you stop him? You may say to
him,--"I see no probability of the British invading us"; but he will say
to you, "Be silent: I see it, if you don't."
The provision of the Constitution giving the war making power to Congress
was dictated, as I understand it, by the following reasons: kings had
always been involving and impoverishing their people in wars, pretending
generally, if not always, that the good of the people was the object.
This our convention understood to be the most oppressive of all kingly
oppressions, and they resolved to so frame the Constitution that no one
man should hold the power of bringing this oppression upon us. But your
view destroys the whole matter, and places our President where kings have
always stood. Write soon again.
Yours truly,
A. LINCOLN.
REPORT IN THE HOUSE OF REPRESENTATIVES,
MARCH 9, 1848.
Mr. Lincoln, from the Committee on the Postoffice and Post Roads, made the
following report: