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he is born.” As to these Mexicans, can difficulty, if Mr. Trist's demands for terria government go and sell them like cattory had not put an end to all hopes of tle!"

peace. Mexico asked for indemnity to We do not hesitate to say that the claim her citizens for injuries sustained from our of title, or right, asserted by the President troops in the prosecution of the war; to the entire tract between the Nueces and she wished to levy duties on goods and the Bravo, was a baseless pretension, found in her ports, which had been imset up to cover a foregone resolution, right ported under the authority of the Presior wrong, to make it a part of the terri- dent, and had paid duties into his military tory of the United States. And the de- chest. The President makes the most of mand, therefore, at the conferences near these objectionable claims, in his Message, Chapultepec, of “a boundary on the Rio calling them a part of the Mexican ultimaGrande," as an ultimatum, notwithstand- | tum, and forgetting entirely that the Mexing the offer of Mexico to make the desert, ican Commissioners, in presenting their intermediate the two rivers, in effect, the Counter-Project, referred to them expressly frontier of the two countries, was, in as matters of “minor moment,” which truth, like those for California and New could occasion no serious difficulty. It is Mexico, a naked demand for the further certain that the negotiations for peace did dismemberment still of Mexico, to be as- not fail on account of these matters of sented to by that power, under the penalty “minor moment,” but that they did fail of the immediate resumption and prosecu- solely on the ground of the naked demands tion of the war against her.

of our Commissioner, as the President's We have said, that from the termina- ultimatum, for the dismemberment of the tion of the conferences between Mr. Trist | Mexican empire. and the Mexican Commissioners, the war Let it be observed, then let the people became explicitly and without disguise a of this abused country understand that war for the Conquest and Dismemberment it was upon such an issue as we have here of Mexico. We say that Conquest and demonstrated-upon the President's deDismemberment became the sole object mands and ultimatum, for the dismemberof the war. We have shown precisely ment of Mexico, and upon that issue onlywbat particular portions of the Mexican that this war was begun de noro, after the dominions were demanded to be ceded to breaking up of the conferences near Chathe United States, and that, in every in- pultepec. Upon this Issue of Dismemberstance, these were naked demands, with-ment, the awful battle of El Molino del out any just pretence of right or title, and Rey was fought. Upon this Issue of Diswithout any excuse or apology, to be found memberment, the terrible conflict at Chain any remaining cause of complaint pultepec was waged, and the murderous against Mexico, or any unsatisfied claims affairs at the gates of Belen and San upon her for indemnity, existing when the Cosme were enacted. Upon this Issue of war commenced, or to which the war could Dismemberment, the proud capital of the have any just relation. We have shown enemy was entered, sword in hand, and the bow every other demand of the American colors of the United States hoisted on the Commissioner, except only his naked de- National Palace. Wonderful achievements mands for the dismemberment of the Mex-all--brilliant and glorious feats of arms— ican empire, was met by the most ample if only they had been exhibited in a cause offers and concessions on the part of the where national justice and honor, and huMexican Commissioners, leaving, in very man rights and human liberty, were to be truth, nothing else but those demands for defended! But every blow was struckdismemberment for the war to stand on every life sacrificed-every gaping and

It is only necessary to add here, that hideous wound inflicted-upon this naked there were just two things embraced in Issue of Dismemberment! Upwards of sixthe Counter-Project of a treaty presented tecn hundred gallant American citizens by the Mexican Commissioners, which and noble spirits—and among them some would have been deemed inadmissible by of the most valued in the land--were struck Mr. Trist, and which, there cannot be a down in these battles alone; and of the doubt, would have been adjusted without enemy, whole hecatombs were sacrificed ; all, all, upon this naked Issue of Dismem- , and submit-as a lamb submits to the berment! Mexico would not consent to slaughter—to the enforced and enlarged dismemberment, for a consideration in dismemberment of her empire, which we money, and so the war was begun de noro, are resolved to complete and execute. All and prosecuted at the cost of such a hor- that is asked of her is, that she shall allow rible amount of human sacrifice.

us, without gainsaying or resistance, to apWe are already beyond the limits of the propriate to ourselves, including Texas, proper space allotted for this article, and only a little more than half of her territorial we must hasten to a conclusion, before we empire ; we generously consenting that, for have half finished what we would have the present, she shall keep what is left. said about the President's Message and the She has offered us enough for ample inWar. The Message shows us plainly demnity ; but she must give us the rest, enough what perplexity the President has according to our demands, or suffer the suffered, since he has found, what all con- horrors of an eternal war in the vital parls siderate and wise men understood before, of her country! that Mexico is no nearer submitting to his | What will Congress do on this great demand for her dismemberment, now that theme and subject ? Near the close of thə her capital has fallen, than she was be- last session the Whigs in both Houses-fore. Let the country ponder well what in the Senate, on the motion of Mr. BERhe has finally brought his courage up to RIEN, from the South ; in the House, on the propose as the future policy to be pursued. motion of Mr. WINTHROP, from the North Instead of moderating his demands, he ac --voted in solid column, with only one tually proposes to enlarge them. He now nominal exception in each House, for redemands Lower California with the rest. stricting the Executive in the conduct of He now calls upon Congress to aid him, the war, so that it should not be prosecuted by legislative acts and ample military sup- for the dismemberment of Mexico. The plies, in appropriating permanently to our- Whigs in the present Congress will not forselves, and without any reference to Mexi- get this example. Can there be a sane can consent, both the Californias, the whole man in Congress, or in the country, who of New Mexico, and the tract between the has the true honor and the safety of the Nueces and Bravo. Of course, they can country at heart, and is governed by any only be appropriated as countries con- notions of common justice, who will not quered in war. And we are not to content say, with Texas yielded and the vexed ourselves with taking, and governing, and question of Annexation at rest; with the defending these countries, but we must broad desert between the Nueces and the still prosecute the war, “ with increased Bravo for a boundary and frontier separaenergy and power in the vital parts of the ting Texas from Mexico ; and with five deenemy's country.We must hold her | grees, or 190,000 square miles, of the terother towns and provinces, so far as al- ritory of Upper California for our indemready overpowered, and as many more as nity, including the finest harbor and bay we can yet conquer, by military occupation, in that part of the Pacific ; that we ought and we must try to feed our armies on the to have peace with Mexico ? God help substance of the Mexican people. And all this infatuated country, if peace may not be this we must do, in order to compel Mexico embraced and secured on the offer of such to cease her resistance to us, and consent' terms as these!

D. D. B.




The proceedings of the Convention at which that could be obtained is expressly Chicago in July last, and the hope found- prohibited by the 10th section of the 1st ed upon them of an early and favorable ac- article of the Constitution, which provides tion of Congress on the subject of river and that ‘No State shall enter into any treaty, harbor improvements, give a new interest alliance, or confederation. But if neither to what has heretofore been said and writ- individuals nor States, acting separately or ten, touching the extent of the power of jointly, have the power to improve its Congress in making the desired appropri- navigation, it must belong to the Federal ations. In this connection, several of the Government, if the power exists at all, as doctrines advanced by Mr. Calhoun, in his there is no other agency or authority, in our Report to the Senate on the Memorial of system of government, by which it could the Memphis Convention, hold a conspicu- be exercised. But if it does, it must be ous place; and, from the character of their comprised among the expressly granted or author, as well as the novelty and impor- enumerated powers, or among those netance of the principles presented, are cessary and proper to carry them into efworthy of a special examination. Such fect; as under the one or the other all the an examination we propose to give, prefa- | powers belonging to it are to be found ; cing what we may offer with a brief abstract and thus the question is presented for conof so much of the Report as comes within sideration—is it to be found in either ?” my purpose.

· Whether the needful power be found in Convinced of the importance of the nay- | either the express or implied powers, the igation of the Mississippi and its great tribu- Report proceeds to consider; and after detaries, and of the indispensable necessity of nying that it is to be found in the clause removing the obstructions to them, Mr. giving to Congress the power “to levy and Calhoun raises the inquiry, by whom these collect taxes, duties, im posts and excises, to obstructions shall be removed. “Who,” pay the debts and provide for the common he asks, “ has the power, and whose duty defence and general welfare of the United is it, to improve the navigation of the Mis- States,” or that it is to be found in the sissippi and its great tributaries ?” He an-category of necessarily implied powers, it swers : “ It is certainly not that of indi- expresses the opinion, “after full and maviduals. Its improvement is beyond their ture consideration of the subject," that it means and power. Nor is it that of the is to be found in the power “to regulate several States bordering on its navigable commerce with foreign nations and among waters : it is also beyond their means and the several States," and more specifically, power, acting separately. Nor can it be in that to regulate it among the States. done by their joint action. There are six- After expressing this opinion of the existteen States, and two Territories that soon ence and origin of the power, the Report will be States, lying either wholly or partly goes on to explain what the Committee within the valley of the Mississippi, and “ believe to be the nature and extent of the there is still ample space for several more power;" and, on this point, the ComThese all have a common interest in its mittee are of opinion that the words commerce. Their united and joint action among the States” restrict the power to would be requisite for the improvement of the regulation of the commerce of the its navigation. But the only means by States with each other, as separate or dis


tinct communities, to the exclusion of its to the safety and facility of its navigation.'' regulation within their respective limits, They are also of opinion that it “extends except as far as may be indispensable to its to the removal of like obstructions in its due exercise. Their effect, in other words, navigable tributaries, including such as is, to restrict the power delegated to Con- have three or more States bordering on their gress to regulate commerce among the navigable waters, but not to those whose States, to their external commerce with navigable waters are embraced within one, each other as States; and to leave their or, farthest, iwo States.” internal commerce, with the exception 1 In further prosecution of their inquiries, above stated, under the exclusive control as to the objects of the power “ to reguof the several States respectively.

late commerce," the Committee proceed to In reference to the extent of the power consider whether harbors, or canals around · conferred on Congress by a fair interpreta- | falls or other obstructions of the Missistion of the terms “regulate commerce,” sippi, including its great tributaries (thereby within the restriction above indicated, as meaning those bordered by three or more imposed by the terms “ among the States,” | States,) are embraced in the power ;” and the Committee are of opinion, “ that they they come to the conclusion, “ that harbors, confer upon it all the powers which be except for shelter, are not” within the powlonged to them (the terms) as fully as the er; and that the cutting of canals or the States themselves possessed it, except such, construction of roads around falls, &c., are if there be any, as may be prohibited by also excluded from it. the Constitution from being exercised, From the abstract of the Report thus either expressly or impliedly.” On this given, it appears, that the Committee conassumption, and on further inquiry, “what cede the power to Congress, of river and powers the States were accustomed to ex- harbor improvements in its general princiercise in regulating their commerce, before ple, but encumber it with such modificaand at the time of the adoption of the tions in the application of it, as to deprive Constitution, as far as they relate to its it largely of its value. It may well be resafety and facility,” the Committee find gretted, that a mind so ingenious, and, in that “the powers they exercised for that general, so sound, in vindicating a principurpose were restricted to the establish- ple of such transcendent moment as the ment of light-houses, buoys, beacons, and author of the Report admits the one in public piers ;" and that these powers were question to be, should not have been able exercised by the several States, up to the so to present it in its applications, as to period referred to, along the Atlantic coast. / make it as broad in its operation to do The Committee hence conclude, that the good, as it is obviously capable, in itself, of same powers legitimately belong to Con- doing it. gress, as conferred by the terms “regulate We propose to discuss and to controvert commerce;" and that “ Congress, from the the three following propositions presented beginning of the government until the in the abstract:present time,” have exercised them accord - 1. That the constitutional power of Coningly.

gress “to regulate commerce among the Having fixed the subjects upon which States,” by the removal of obstructions Congress might legitimately exercise the from navigable waters, does not extend to power “to regulate commerce,along the those waters which run within only one Allantic coasi, the Committee proceed to State. inquire whether the Mississippi might be 2. That it does not extend to those conbrought within the power, so that “snags fined to two States, whether dividing or and othér obstructions which endanger and flowing through them. impede its navigation,” might be constitu- ' 3. That it does not extend to the contionally removed ; and after elaborate ar- struction of harbors for commerce, but only gument, they express themselves of the those for shelter. opinion that that river is within the princi- A fourth proposition, viz., that the pow. ple of the power, and that it “extends to er does not extend to the cutting of canals, the removal of all obstructions within its or the construction of roads around falls, channel, the removal of which would add shoals, or other obstructions or impedi

ments to navigation, &c., has, in its princi- | not to admit of reasonable doubt. If there ple, for years, been so much, and in such be such doubt, the clearest public good various forms, before the public, that I would seem to require, that the benefit of it should deem its discussion superfluous here, should be given in favor of the power and and shall therefore omit it.

against the exception. Do the Committee As to the first proposition, that the pow- make out such a case beyond such doubt ? er does not extend to rivers running in only | Do they, indeed, give colorable support to one State: It will be remembered that their proposition ? Let us examine. the Committee has said, in reply to their Two reasons are offered in support of own question, “Who has the power, and the proposition:whose duty is it, to improve the navigation First. That the power “is restricted to of the Mississippi and its great tributaries?” the external commerce of the States, with that “it is certainly not that of individu- | each other, to the exclusion of their inters als, because beyond the reach of their nal ;' and, means and power;" nor yet that of the Second. That the commerce of such rivseveral States bordering on its navigable ers is under the exclusive control of the waters, acting separately, for the same rea- States within whose limits their navigable son; “nor can it be done by their joint waters are confined, with two exceptions, action,” because they are prohibited by the viz. : first," that no vessel from another Constitution from forming any alliance, &c. State, coming or going, can be compelled The Committee then go on to say, that, as to enter, clear or pay duties ;' and, second, the power and duty belong to neither of “that vessels from other States shall not these, if they belong anywhere, it must be be subject to any regulation or law in navito the Federal Government; and, after gating them, to which the vessels of the much discussion, they find them there, State to which they belong are not.” with certain modifications, under the pow- As to the first of these two reasons, I er “to regulate commerce.” Now, it is shall consider it as equivalent to another difficult to perceive why this reasoning proposition in a previous part of the Report, of the Committee is not, or may not be, viz. : that the words “among the States,” just as applicable to the cases of rivers restrict the power “ to regulate commerce" running in one State or Iwo States, as to those to “its regulation with each other, as sepaof rivers bordered by three States. Rivers rate and distinct communities, to the excluunder the former class of cases, it is conce sion of its regulation within their respective ded, are just as much open to the commerce limits, except as far as may be indispensable of all the States, as those of the latter are, to its due exercise ;” and that, “ with this and all the States may be equally interested exception, the internal commerce of the in the improvement of their navigation ; States is under the exclusive control of the and it is evident that the point of inability several States, respectively.” Now, upon to improve the navigation for the want of this proposition I have two remarks to means, is or may be quite as true (if not make :more so) of the one class of cases as of | First. That it would be difficult to find a the other. It is equally evident, that the subject for the exercise of the power “to failure to improve for want of such means regulate commerce among the several on the part of a single State, in a given States," which should not, of necessity, case, might not be more inconvenient to exist within the limits of a single State. It such State itself, than to the States gen- | must have a locality somewhere—at least, erally, whose commerce with such single | in its inception—and this cannot be in more State, through a river running only within States than one. If this be so, the negaits own limits, requiring improvements to tion, in the proposition, of the power, as to make its navigation practicable, might be its exercise within the limits of a single of the greatest moment to the general State, would seem to be meaningless; and good. Hence, it should seem that, to the exceplion may be regarded as, in fact, make such a case an exception to the gen- an affirmation of the power,—without the eral power of Congress to make appropri- limit which the idea of its being an excepations for river improvements, the argu- / tion would imply. ment establishing it should be so certain as My second, and, perhaps, more impor

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