Two days more were consumed in efforts to amend or alter the treaty in various of its provisions, all of which failing, the final vote on its ratification was taken, and carried by an increased vote on each side—41 to 14.
Yeas.—"Messrs. Archer, Ashley, Bagby, Barrow, Benton, Berrien, Calhoun, Chalmers, Thomas Clayton, John M. Clayton, Colquitt, Corwin, Crittenden, Davis, Dayton, Dix, Evans, Greene, Haywood, Houston, Huntington, Johnson of Maryland, Henry Johnson of Louisiana, Lewis, McDuffie, Mangum, Miller, Morehead, Niles, Pearce, Pennybacker, Phelps, Rusk, Sevier, Simmons, Speight, Turney, Upham, Webster, Woodbridge, Yulee.
Nays.—"Messrs. Allen, Atchison, Atherton, Breese, Bright, Cameron, Cass, Dickinson, Fairfield, Hannegan, Jenness, Semple, Sturgeon, Westcott."
An anomaly was presented in the progress of this question—that of the daily attack, by all the government papers, upon the senators who were accomplishing the wishes of the President. The organ at Washington, conducted by Mr. Ritchie, was incessant and unmeasured in these attacks, especially on Mr. Benton, whose place in the party, and his geographical position in the West, gave him the privilege of being considered the leader of the forty-nines, and therefore the most obnoxious. It was a new thing under the sun to see the senator daily assailed, in the government papers, for carrying into effect the wishes of the government—to see him attacked in the morning for what the President was hurrying him to do the night before. His course was equally independent of the wishes of the government, and the abuse of its papers. He had studied the Oregon question for twenty-five years—had his mind made up upon it—and should have acted according to his convictions without regard to support or resistance from any quarter.—The issue was an instructive commentary upon the improvidence of these party platforms, adopted for an electioneering campaign, made into a party watch-word, often fraught with great mischief to the country, and often founded in ignorance or disregard of the public welfare. This Oregon platform was eminently of that character. It was a party platform for the campaign: its architects knew but little of the geography of the north-west coast, or of its diplomatic history. They had never heard of the line of the treaty of Utrecht, and denied its existence: they had never heard of the multiplied offers of our government to settle upon that line, and treated the offer now as a novelty and an abandonment of our rights: they had never heard that their 54-40 was no line on the continent, but only a point on an island on the coast, fixed by the Emperor Paul as the southern limit of the charter granted by him to the Russian Fur Company: had never heard of Frazer's River and New Caledonia, which lay between Oregon and their indisputable line, and ignored the existence of that river and province. The pride of consistency made them adhere to these errors; and a desire to destroy Mr. Benton for not joining in the hurrahs for the "whole of Oregon, or none," and for the "immediate annexation of Texas without regard to consequences," lent additional force to the attacks upon him. The conduct of the whigs was patriotic in preferring their country to their party—in preventing a war with Great Britain—and in saving the administration from itself and its friends. Great Britain acted magnanimously, and was worthily represented by her minister, Mr. (now Sir Richard) Pakenham. Her adoption and renewal of our own offer, settled the last remaining controversy between the countries—left them in a condition which they had not seen since the peace of 1783—without any thing to quarrel about, and with a mutuality of interest in the preservation of peace which promised a long continuance of peace. But, alas, Great Britain is to the United States now what Spain was for centuries to her—the raw-head and bloody-bones which inspires terror and rage. During these centuries a ministry, or a public man that was losing ground at home, had only to raise a cry of some insult, aggression, or evil design on the part of Spain to have Great Britain in arms against her. And so it is in the United States at present, putting Great Britain in the place of Spain, and ourselves in hers. We have periodical returns of complaints against her, each to perish when it has served its turn, and to be succeeded by another, evanescent as itself. Thus far, no war has been made; but politicians have gained reputations; newspapers have taken fire; stocks have vacillated, to the profit of jobbers; great expense incurred for national defence in ships and forts, when there is nothing to defend against: and if there was, the electric telegraph and the steam car would do the work with little expense either of time or money.
[CHAPTER CLX.]
MEETING OF THE SECOND SESSION OF THE 29TH CONGRESS: PRESIDENT'S MESSAGE: VIGOROUS PROSECUTION OF THE WAR RECOMMENDED: LIEUTENANT-GENERAL PROPOSED TO BE CREATED.
Congress met at the regular annual period, the first Monday in December; and being the second session of the same body, there was nothing to be done, after the assembling of a quorum, before the commencement of business, but to receive the President's message. It was immediately communicated, and, of course, was greatly occupied with the Mexican war. The success of our arms, under the command of General Taylor, was a theme of exultation; and after that, an elaborate argument to throw the blame of the war on Mexico. The war was assumed, and argued to have been made by her, and its existence only recognized by us after "American blood had been spilled upon American soil." History is bound to pronounce her judgment upon these assumptions, and to say that they are unfounded. In the first place, the legal state of war, the status belli, was produced by the incorporation of Texas, with which Mexico was at war. In the next place, the United States' government understood that act to be the assumption of the war in fact, as well as in law, by the immediate advance of the army to the frontier of Texas, and of the navy to the Gulf of Mexico, to take the war off the hands of the Texians. In the third place, the actual collision of arms was brought on by the further advance of the American troops to the left bank of the Lower Rio Grande, then and always in the possession of Mexico, and erecting field works on the bank of the river, and pointing cannon at the town of Matamoras on the opposite side, the seat of a Mexican population, and the head-quarters of their army of observation. It was under these circumstances that the Mexican troops crossed the river, and commenced the attack. And this is what is called spilling American blood on American soil. The laws of nations and the law of self-defence, justify that spilling of blood; and such will be the judgment of history. The paragraph in the original message asking for a provisional territorial government to be established by Congress for the conquered provinces was superseded, and replaced by one asserting the right of the United States to govern them under the law of nations, according to the recommendation of Mr. Benton, and expressed in these words:
"By the laws of nations a conquered territory is subject to be governed by the conqueror during his military possession, and until there is either a treaty of peace, or he shall voluntarily withdraw from it. The old civil government being necessarily superseded, it is the right and duty of the conqueror to secure his conquest, and provide for the maintenance of civil order and the rights of the inhabitants. This right has been exercised and this duty performed by our military and naval commanders, by the establishment of temporary governments in some of the conquered provinces in Mexico, assimilating them as far as practicable to the free institutions of our country. In the provinces of New Mexico and of the Californias, little, if any further resistance is apprehended from the inhabitants of the temporary governments which have thus, from the necessity of the case, and according to the laws of war, been established. It may be proper to provide for the security of these important conquests, by making an adequate appropriation for the purpose of erecting fortifications, and defraying the expenses necessarily incident to the maintenance of our possession and authority over them."
Having abandoned the idea of conquering by "a masterly inactivity," and adopted the idea of a vigorous prosecution of the war, the President also adopted Mr. Benton's plan for prosecuting it, which was to carry the war straight to the city of Mexico—General Taylor, for that purpose, to be supplied with 25,000 men, that, advancing along the table land by San Luis de Potosi, and overcoming all the obstacles in his way, and leaving some garrisons, he might arrive at the capital with some 10,000 men:—General Scott to be supplied with 15,000, that, landing at Vera Cruz, and leaving some battalions to invest (with the seamen) that town, he might run up the road to Mexico, arriving there (after all casualties) with 10,000 men. Thus 20,000 men were expected to arrive at the capital, but 10,000 were deemed enough to master any Mexican force which could meet it—no matter how numerous. This plan (and that without any reference to dissensions among generals) required a higher rank than that of major-general. A lieutenant-general, representing the constitutional commander-in-chief, was the proper commander in the field: and as such, was a part of Colonel Benton's plan; to which negotiation was to be added, and much relied on, as it was known that the old republican party—that which had framed a constitution on the model of that of the United States, and sought its friendship—were all in favor of peace. All this plan was given to the President in writing, and having adopted all that part of it which depended on his own authority, he applied to Congress to give him authority to do what he could not without it, namely, to make the appointment of a lieutenant-general—the appointment, it being well known, intended for Senator Benton, who had been a colonel in the army before either of the present generals held that rank. The bill for the creation of this office readily passed the House of Representatives, but was undermined and defeated in the Senate by three of the President's cabinet ministers, Messrs. Marcy, Walker, and Buchanan—done covertly, of course, for reasons unconnected with the public service. The plan went on, and was consummated, although the office of lieutenant-general was not created. A major-general, in right of seniority, had to command other major-generals; while every one accustomed to military, or naval service, knows that it is rank, and not seniority, which is essential to harmonious and efficient command.