GDG- defends his "spot resolutions"
Dennis Lawrence
denlaw at fone.net
Sat Jan 12 08:15:34 CST 2008
Wednesday, January 12, 1848.
Washington, DC.
Lincoln attacks Polk's war policy. He defends his "spot resolutions" and
attempts to disprove Polk's contention that Mexicans began war. "The
President is, in no wise, satisfied with his own positions," he declares.
". . . 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 all his mental perplexity!"
>>>>>>>>>>>>>>>>>
Speech in United States House of Representatives: The War with Mexico [1]
Mr. Chairman: January 12, 1848
Some, if not all the gentlemen on, the other side of the House, who have
addressed the committee within the last two days, have
Page 432
spoken rather complainingly, if I have rightly understood them, of the vote
given a week or ten days ago, declaring that the war with Mexico was
unnecessarily and unconstitutionally commenced by the President. [2] I
admit that such a vote should not be given, in mere party wantonness, and
that the one given, is justly censurable, if it have no other, or better
foundation. I am one of those who joined in that vote; and I did so under
my best impression of the truth of the case. How I got this impression, and
how it may possibly be removed, I will now try to show. When the war began,
it way my opinion that all those who, because of knowing too little, or
because of knowing too much, could not conscientiously approve the conduct
of the President, in the beginning of it, should, nevertheless, as good
citizens and patriots, remain silent on that point, at least till the war
should be ended. Some leading democrats, including Ex President Van Buren,
have taken this same view, as I understand them; and I adhered to it, and
acted upon it, until since I took my seat here; and I think I should still
adhere to it, were it not that the President and his friends will not allow
it to be so. Besides the continual effort of the President to argue every
silent vote given for supplies, into an endorsement of the justice and
wisdom of his conduct---besides that singularly candid paragraph, in his
late message in which he tells us that Congress, with great unanimity, only
two in the Senate and fourteen in the House dissenting, had declared that,
``by the act of the Republic of Mexico, a state of war exists between that
Government and the United States,'' when the same journals that informed
him of this, also informed him, that when that declaration stood
disconnected from the question of supplies, sixtyseven in the House, and
not fourteen merely, voted against it---besides this open attempt to prove,
by telling the truth, what he could not prove by telling the whole
truth---demanding of all who will not submit to be misrepresented, in
justice to themselves, to speak out---besides all this, one of my
colleagues (Mr. Richardson) [3] at a very early day in the session brought
in a set of resolutions, expressly endorsing the original justice of the
war on the part of the President. Upon these resolutions, when they shall
be put on their passage I shall be compelled to vote; so that I can not be
silent, if I would. Seeing this, I went about preparing myself to give the
vote understandingly when it should come. I carefully examined the
President's messages, to ascertain
Page 433
what he himself had said and proved upon the point. The result of this
examination was to make the impression, that taking for true, all the
President states as facts, he falls far short of proving his justification;
and that the President would have gone farther with his proof, if it had
not been for the small matter, that the truth would not permit him. Under
the impression thus made, I gave the vote before mentioned. I propose now
to give, concisely, the process of the examination I made, and how I
reached the conclusion I did. The President, in his first war message of
May 1846, declares that the soil was ours on which hostilities were
commenced by Mexico; and he repeats that declaration, almost in the same
language, in each successive annual message, thus showing that he esteems
that point, a highly essential one. In the importance of that point, I
entirely agree with the President. To my judgment, it is the very point,
upon which he should be justified, or condemned. In his message of Decr.
1846, it seems to have occurred to him, as is certainly true, that
title---ownership---to soil, or any thing else, is not a simple fact; but
is a conclusion following one or more simple facts; and that it was
incumbent upon him, to present the facts, from which he concluded, the soil
was ours, on which the first blood of the war was shed.
Accordingly a little below the middle of page twelve in the message last
referred to, he enters upon that task; forming an issue, and introducing
testimony, extending the whole, to a little below the middle of page
fourteen. Now I propose to try to show, that the whole of this,---issue and
evidence---is, from beginning to end, the sheerest deception. The issue, as
he presents it, is in these words ``But there are those who, conceding all
this to be true, assume the ground that the true western boundary of Texas
is the Nueces, instead of the Rio Grande; and that, therefore, in marching
our army to the east bank of the latter river, we passed the Texan line,
and invaded the teritory of Mexico.'' Now this issue, is made up of two
affirmatives and no negative. The main deception of it is, that it assumes
as true, that one river or the other is necessarily the boundary; and
cheats the superficial thinker entirely out of the idea, that possibly the
boundary is somewhere between the two, and not actually at either. A
further deception is, that it will let in evidence, which a true issue
would exclude. A true issue, made by the President, would be about as
follows ``I say, the soil was ours, on which the first blood was shed;
there are those who say it was not.''
I now proceed to examine the Presidents evidence, as applicable to such an
issue. When that evidence is analized, it is all included in the following
propositions:
Page 434
1. That the Rio Grande was the Western boundary of Louisiana as we
purchased it of France in 1803.
2. That the Republic of Texas always claimed the Rio Grande, as her Western
boundary.
3. That by various acts, she had claimed it on paper.
4. That Santa Anna, in his treaty with Texas, recognised the Rio Grande, as
her boundary.
5. That Texas before, and the U. S. after, annexation had exercised
jurisdiction beyond the Nueces---between the two rivers.
6. That our Congress, understood the boundary of Texas to extend beyond the
Nueces.
Now for each of these in it's turn.
His first item is, that the Rio Grande was the Western boundary of
Louisiana, as we purchased it of France in 1803; and seeming to expect this
to be disputed, he argues over the amount of nearly a page, to prove it
true; at the end of which he lets us know, that by the treaty of 1819, we
sold to Spain the whole country from the Rio Grande eastward, to the
Sabine. Now, admitting for the present, that the Rio Grande, was the
boundary of Louisiana, what, under heaven, had that to do with the present
boundary between us and Mexico? How, Mr. Chairman, the line, that once
divided your land from mine, can still be the boundary between us, after I
have sold my land to you, is, to me, beyond all comprehension. And how any
man, with an honest purpose only, of proving the truth, could ever have
thought of introducing such a fact to prove such an issue, is equally
incomprehensible. [4] His next piece of evidence is that ``The Republic of
Texas always claimed this river (Rio Grande) as her western boundary[.]''
That is not true, in fact. Texas has claimed it, but she has not always
claimed it. There is, at least, one distinguished exception. Her state
constitution,---the republic's most solemn, and well considered act---that
which may, without impropriety, be called her last will and testament
revoking all others---makes no such claim. But suppose she had always
claimed it. Has not Mexico always claimed the contrary? so that there is
but claim against claim, leaving nothing proved, until we get back of the
claims, and find which has the better foundation. Though not in the order
in which the President presents his evidence, I now consider that class of
his statements, which are, in substance, nothing more than that Texas has,
by various acts of her convention
Page 435
and congress, claimed the Rio Grande, as her boundary, on paper. I mean
here what he says about the fixing of the Rio Grande as her boundary in her
old constitution (not her state constitution) about forming congressional
districts, counties &c &c. Now all of this is but naked claim; and what I
have already said about claims is strictly applicable to this. If I should
claim your land, by word of mouth, that certainly would not make it mine;
and if I were to claim it by a deed which I had made myself, and with
which, you had had nothing to do, the claim would be quite the same, in
substance---or rather, in utter nothingness. I next consider the
President's statement that Santa Anna in his treaty [5] with Texas, recognised
Page 436
the Rio Grande, as the western boundary of Texas. Besides the position, so
often taken that Santa Anna, while a prisoner of war---a captive---could
not bind Mexico by a treaty, which I deem conclusive---besides this, I wish
to say something in relation to this treaty, so called by the President,
with Santa Anna. If any man would like to be amused by a sight of that
little thing, which the President calls by that big name, he can have it,
by turning to Niles' Register volume 50, page 336. And if any one should
suppose that Niles' Register is a curious repository of so mighty a
document, as a solemn treaty between nations, I can only say that I
learned, to a tolerable degree [of] certainty, by enquiry at the State
Department, that the President himself, never saw it any where else. By the
way, I believe I should not err, if I were to declare, that during the
first ten years of the existence of that document, it was never, by any
body, called a treaty---that it was never so called, till the President, in
his extremity, attempted, by so calling it, to wring something from it in
justification of himself in connection with the Mexican war. It has none of
the distinguishing features of a treaty. It does not call itself a treaty.
Santa Anna does not therein, assume to bind Mexico; he assumes only to act
as the President-Commander-in-chief of the Mexican Army and Navy;
stipulates that the then present hostilities should cease, and that he
would not himself take up arms, nor influence the Mexican people to take up
arms, against Texas during the existence of the war of independence[.] He
did not recognise the independence of Texas; he did not assume to put an
end to the war; but clearly indicated his expectation of it's continuance;
he did not say one word about boundary, and, most probably, never thought
of it. It is stipulated therein that the Mexican forces should evacuate the
teritory of Texas, passing to the other side of the Rio Grande; and in
another article, it is stipulated that, to prevent collisions between the
armies, the Texan army should not approach nearer than within five leagues---of
Page 437
what is not said---but clearly, from the object stated it is---of the Rio
Grande. Now, if this is a treaty, recognising the Rio Grande, as the
boundary of Texas, it contains the singular feauture [sic], of stipulating,
that Texas shall not go within five leagues of her own boundary.
Next comes the evidence of Texas before annexation, and the United States,
afterwards, exercising jurisdiction beyond the Nueces, and between the two
rivers. This actual exercise of jurisdiction, is the very class or quality
of evidence we want. It is excellent so far as it goes; but does it go far
enough? He tells us it went beyond the Nueces; but he does not tell us it
went to the Rio Grande. He tells us, jurisdiction was exercised between the
two rivers, but he does not tell us it was exercised over all the teritory
between them. Some simple minded people, think it is possible, to cross one
river and go beyond it without going all the way to the next---that
jurisdiction may be exercised between two rivers without covering all the
country between them. I know a man, not very unlike myself, who exercises
jurisdiction over a piece of land between the Wabash and the Mississippi;
and yet so far is this from being all there is between those rivers, that
it is just one hundred and fiftytwo feet long by fifty wide, and no part of
it much within a hundred miles of either. He has a neighbour between him
and the Mississippi,---that is, just across the street, in that
direction---whom, I am sure, he could neither persuade nor force to give up
his habitation; but which nevertheless, he could certainly annex, if it
were to be done, by merely standing on his own side of the street and
claiming it, or even, sitting down, and writing a deed for it.
But next the President tells us, the Congress of the United States
understood the state of Texas they admitted into the union, to extend
beyond the Nueces. Well, I suppose they did. I certainly so understood it.
But how far beyond? That Congress did not understand it to extend clear to
the Rio Grande, is quite certain by the fact of their joint resolutions,
for admission, expressly leaving all questions of boundary to future
adjustment. And it may be added, that Texas herself, is proved to have had
the same understanding of it, that our Congress had, by the fact of the
exact conformity of her new constitution, to those resolutions.
I am now through the whole of the President's evidence; and it is a
singular fact, that if any one should declare the President sent the army
into the midst of a settlement of Mexican people, who had never submited,
by consent or by force, to the authority of Texas or of the United States,
and that there, and thereby, the first blood of the war was shed, there is
not one word in all the President
Page 438
has said, which would either admit or deny the declaration. [6] This
strange omission, it does seem to me, could not have occurred but by
design. My way of living leads me to be about the courts of justice; and
there, I have sometimes seen a good lawyer, struggling for his client's
neck, in a desparate case, employing every artifice to work round, befog,
and cover up, with many words, some [7] point arising in the case, which he
dared not admit, and yet could not deny. Party bias may help to make it
appear so; but with all the allowance I can make for such bias, it still
does appear to me, that just such, and from just such necessity, is the
President's struggle in this case.
Some time after my colleague (Mr. Richardson) introduced the resolutions I
have mentioned, I introduced a preamble, resolution, and interrogatories,
[8] 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 teritory 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 teritory 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 their movement. Such minority, was precisely the case,
of the tories of our
Page 439
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 revolution, 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 give 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. [9] 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 has swept, on and on, till, disappointed in his
calculation of the ease with which Mexico might be
Page 440
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
teritory; 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
teritory, would be to abandon all our just demands, and to wage the war,
bearing all it's expenses, without a purpose or definite object[.]'' So
then, the national honor, security of the future, and every thing but
teritorial indemnity, may be considered the no-purposes, and indefinite,
objects of the war! But, having it now settled that teritorial 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 teritorial 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
teritory. 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 teritory. Lest the questions, I here
suggest, 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 teritory; and that, by
far the better half, so far as concerns our ability to make any thing 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 it's lands, or all that are valuable, already
appropriated as private property. How then are we to make any thing out of
these lands with this incumbrance on them? or how, remove the incumbrance?
I suppose no one will say we should kill the people, or drive them out, or
make slaves of them, or even confiscate their property. How then can we
make much out of this part of the teritory? If the prosecution of the war
has, in expenses, already equalled the better half of the country, how long
it's future prosecution, will be in equalling, the less valuable half, is
not a speculative, b
Page 441
question, pressing closely upon us. And yet it is a question which the
President seems to never 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 prossecution of the war in the
vital parts of the enemies country; and, after apparantly, 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 protection, 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
prossecution.[''] All this shows that the President is, in no wise,
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 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, tasked beyond it's 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, no where
intimates when the President expects the war to terminate. At it's
beginning, Genl. Scott [10] 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 us a long message, without
showing us, that, as to the end, he himself, has, even an immaginary
conception. As I have before said, he knows not where he is. He is a
bewildered,
Page 442
confounded, and miserably perplexed man. God grant he may be able to show,
there is not something about his conscience, more painful than all his
mental perplexity!
Annotation
[1] AD, DLC-RTL. The manuscript is followed throughout. Lincoln's
emendations, presumably inserted in printer's proof, in the Congressional
Globe Appendix, pp. 93-95, are given in footnotes. In addition to these
sources for the speech as written, there is the detailed report of the
speech as delivered, printed in the Congressional Globe, Thirtieth
Congress, First Session, New Series, No. 10, pp. 154-56, which was copied
by the Illinois Journal, February 10, 1848.
[2] James K. Polk.
[3] William A. Richardson, Democrat, from Rushville, Illinois, who had
been elected to the House to fill the vacancy caused by the resignation of
representative-elect Stephen A. Douglas.
[4] In the text of the Congressional Globe Appendix, Lincoln inserted at
this point the following sentence: ``The outrage upon common right, of
seizing as our own what we have once sold, merely because it was ours
before we sold it, is only equalled by the outrage on common sense of any
attempt to justify it.''
[5] The text of the so-called ``treaty,'' printed following Lincoln's
speech in the Congressional Globe Appendix is as follows: Articles of an
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 1. 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.
ART. 2. All hostilities between the Mexican and Texan troops will cease
immediately, both by land and water.
ART. 3. The Mexican troops will evacuate the territory of Texas, passing to
the other side of the Rio Grande Del Norte.
ART. 4. 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.
ART. 5. 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.
ART. 6. The troops of both armies will refrain from coming into 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.
ART. 7. The Mexican army shall not make any other delay, on its march, than
that which is necessary to take up their hospitals, baggage, &c., and to
cross the rivers; any delay not necessary to these purposes to be
considered an infraction of this agreement.
ART. 8. 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 apprized of its stipulations; and
to this end, they will exchange engagements to comply with the same.
ART. 9. 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.
ART. 10. 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 above mentioned
purposes, in duplicate, at the port of Velasco, this 14th 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.
[6] At this point in the Congressional Globe Appendix, Lincoln emended
the next sentence as follows: ``In this strange omission chiefly consists
the deception of the President's evidence---an omission which, it does seem
to me, could scarcely have occurred but by design.''
[7] Lincoln emended ``point arising in the case'' to ``position pressed
upon him by the prosecution.''
[8] Supra, under date of December 22, 1847.
[9] At this point Lincoln emended as follows: ``; that he ordered General
Taylor into the midst of a peaceful Mexican settlement, purposely to bring
on a war; that originally . . .'' etc.
[10] Winfield Scott. Both General Scott and General Taylor were Whigs,
and administration leaders feared the increase of their popularity. Scott
justifiably suspected the administration of withholding complete
co-operation. On January 2, Scott was recalled; on January 31 and April 17,
Lincoln voted in favor of resolutions requesting the President to explain
the suspension. On April 22, Scott was superseded by General W. O. Butler.
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