CHAPTER XIV.

ILLEGALITIES.

"Laws are silent in war."- CICERO.

It has already been strongly intimated, if not declared in so many words, that the laws of nations, and the constitution and laws of our own country, have been repeatedly and flagrantly broken in the war with Mexico. But in order to set this subject in a more vivid light, we propose to devote this chapter, if not the most important, at least one of the most curious, in the history of the day, to the various illegalities which have been committed. Other portions of this review will sufficiently demonstrate the opposition of the war to every principle of liberty and Christianity, but it will be the aim of these few pages to elucidate its equal antagonism to the laws of man, and to show that when even a civilized people burst through the enclosures of truth and right, they manifest in many respects the same reckless disregard of human statutes and constitutions, as is thought to belong to earlier stages of society.

The con

Numerous unlawful acts preceded the war. quest of Mexican territory by citizens of the United States, with the connivance, if not the aid, of the national and State government, was contrary to the law of nations. The seizure of Monterey, in California, Oct. 19, 1842, by Commodore Jones, was a lawless act, disavowed indeed by the Government, but the perpetrator was never punished. The annexation of Texas, by a joint resolution, was contrary to

our treaty with Mexico, to the comity of nations, and to the Constitution of the United States.

The act of war at first was illegal. It was a violation of the law of nations to enter a disputed territory, and hold it by force of arms, when it was fully conceded that it was debatable ground, and when we had recognized Mexican custom-houses within the year in that same territory by specific acts of Congress. Detailed proofs and illustrations of this point are contained in chapter seventh, and need not be recounted.

The origin of the war also was contrary to the Constitution of the United States. By this instrument it is reserved to Congress "to declare war, repel invasions." But by a vote of the House of Representatives, Jan 3, 1848, it was resolved, that the war with Mexico "was unnecessarily and unconstitutionally begun by the President of the United States" and distinguished statesmen deliberately expressed their opinion, that he had brought himself within the peril of an impeachment. Mr. Calhoun said in the Senate, March 17, 1848, "I hold that the President had no more right to order the army to march into the disputed territory, than he had to order it to march into Mexico.*

The difficulties with Mexico were not brought before Congress, although then in session, until Gen. Taylor had commenced hostilities; and when the question was presented by an Executive Message, it was hurried to a decision in a surprise and panic, without the documents appended to it being allowed to be even read, and without any proper debate or deliberation.

one.

The object of the war was an illegal and unconstitutional There are provisions in the Constitution to repel invasions, but not to make them. Far as heaven is from earth, was the thought of the framers of that instrument from sanc

*Printed speech, p. 16.

tioning by one syllable of theirs the spirit of conquest. Besides, liberty is the spirit of that great charter, and a war to extend slavery, the slave-trade, and the political power of slavery, clashes with the genius of Independence. What is its preamble? "We, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States of America."

The progress of the war was attended by many proceedings as much at variance with the laws of man as the laws of God. For the details we refer to other chapters of this work. The expedition of Fremont into California, in 1845 and 1846, was palpably unjustifiable, and its purpose but very thinly disguised. The absolution by Gen. Kearney of the inhabitants of New Mexico and California, from their allegiance to Mexico, his compelling the native officers to take the oath of allegiance to the United States,* and the execution as traitors by other commanders of those who rose and attempted to destroy their invaders, and shake off their control, were deeds that find no justification in the recognized laws of nations, however sanctioned by the bloody code of Mars. Many other illegitimate barbarities of the war are recounted in chapter thirteenth.

The introduction from abroad into Mexico, while the war was waging, by a written passport of the Executive, of the greatest General that country could boast, in the person of Santa Anna, who immediately placed himself at the head of large armies, and caused an immense loss of life and treasure to the Americans, was palpably against the rule forbidding to "give aid and comfort" to the enemies of our country, though the intention no doubt was to secure an

30th Congress, 1st Session, Ex. Doc. No. 41, pp. 27, 28.

earlier peace, and the cession of the territories which were coveted.

The annexation of the territories of New Mexico and California, by General Kearney and Commodore Stockton to the United States, before any treaty of peace had been made, and before Congress had passed any act to that effect, were high-handed violations of the Constitution, and also of the law of nations. They were too gross to be owned as acts of the Government even in this history of illegalities, and, like not a few of the other measures of the commanding officers in Mexico, were condemned at Washington.*

The establishment in Mexico of a system of tariffs and taxes by the dictation of the Executive of the United States, without any sanction or coöperation on the part of the popular branch of Government, † the appropriation of the moneys thus collected to whatever uses the Executive thought best, and the appointment under such a scheme of a multitude of custom-house officers and pay-masters, were measures declared both by Mr. Calhoun and Mr. Webster, to be invasions of the laws and constitution of the United States.

The dangerous march of Executive Power was further

*30th Congress, 1st Session, House of Representatives, Doc. No. 60, p. 150; 30th Congress, 1st Session, Senate, Ex. Doc. No. 33, p. 410.

† "6. On the failure of any State to pay its assessments, its functionaries, as above, will be seized and imprisoned, and their property seized, registered, reported, and converted to the use of occupation, in strict accordance to the general regulations of this army. No resignation or abdication of office by any of the said Mexican functionaries shall excuse one of them from any of the above obligations or penalties." See also Art. 3, 30th Congress, 1st Session, Ex. Doc. No. 60, p. 1064. It would have been a very natural mistake if we supposed we had alighted on one of the military laws of Santa Anna, or some other chieftain, in the above severe enactment, not that it was in very truth a regulation of one of those Generals who came professing to free the poor Mexicans from military tyrants!

manifested by the creation of civil governments, the appointing of the various officers, magistrates, and judges, necessary to carry them on, and the allotment of their duties and salaries, without any reference to the authority of Congress, or any appeal to its judgment, any more than if that body had been non-existent.

The conclusion of the war was also in harmony with its commencement, object, and progress, tainted with the same disregard of forms and rules of law. Mr. Trist had been recalled by the power which appointed him as confidential commissioner to negotiate a peace, but he chose still to remain in Mexico on his own responsibility; and the plenipotentiaries of that nation, with a knowledge of that fact, did not hesitate to conclude a treaty with him.* The record of his name, therefore, as an officer of the United States, on that document, was not in accordance with the fact of the

case.

The commissioners, Messrs Clifford and Sevier, conveyed the treaty of peace, as amended by the Senate, to Mexico, to procure its ratification by the Government of that country. The changes made by the Senate, were the substitution of the third article of the treaty of Louisiana in the place of the ninth article of this treaty, relative to the rights of Mexicans in the annexed territories; the entire suppression of the tenth article, relative to Mexican grants in the territories, and the alteration of the twelfth article, relative to the mode of payment by the United States of $15,000,000 to Mexico. The Mexican Government refused to ratify the treaty until the American commissioners had signed a protocol, declaring that no essential changes had been made, and explaining the ground of the several amendments.* The protocol was, however, regarded by many in Congress as

* 30th Congress, 1st Session, Senate, Ex. Doc. No. 52, pp. 5, 38; 30th Congress, 2nd Session, House of Representatives, Ex. Doc. No. 50, p. 11, et passim.