/ 7 SPEECH -it HON. JAMES S. WILEY, OF MAINE, THE ACQUISITION OF TERRITORY. COVERED IN THB HOUSE OF REPRESENTATIVES, MAY 16, 1848. WASHINGTON: PKINTED AT THE CONGRESSIONAL GLOBE OFFICE, 1848. ACQUISITION OF TERRITORY. The House being in Committee of the Whole on the state of the Union, and having under con- sideration the Navy Pension Dill Mr. WILEY said: Mr. CHAIRMAN: I embrace this opportunity to express my views in relation to the policy of our Government towards that of Mexico, especially in regard to the indemnity which we demand for the injuries incurred by us prior to and during the prese/U war with that nation. On the 13th day of May, 1846, this House, by a vote of 174 to 14, and the Senate by a still more decisive voice, declared, that " by the act of the Republic of Mexico, war existed between that Government and the United States;" and " for the purpose of enabling this Government to prosecute said war to a speedy and successful termination," the President was authorized to employ the naval and military force of the United States, and the sum often millions of dollars was appropriated for the same purpose. I shall not at the present time go into a particu- lar consideration of the causes and history of the war, nor attempt a description of the many and brilliant exploits of our gallant army. This task, most grateful to every patriotic heart, has been most ably performed by many members of this and the preceding Congress. I believe, sir, that the people are pretty well in- formed on this subject; and whenever the justice or expediency of the war has been brought in ques- tion, they have promptly and emphatically decided in its favor. The American people, generally, are patriotic, and when the question is between our irn and a foreign country, they will say ou?- coun- try. Yes, sir, such is their love of country, and so great their attachment to our institutions, that a (rrcat majority of them will say, " our country, right or tcroiig 1 . " But, sir, both Congress and the country have passed upon this question. They have decided that there was just cause for the war, and that it ehould be prosecuted till an honorable peace shall be obtained. I shall not attempt to array all the testimony to prove this position. The act of May, 1846, is decisive on the point; to which I might add the further fact, that many members hold scats on thftfloorwho would hardly have obtained them had they been openly opposed to the war, and pledged to vote against the measures necessary to its prosecution. This is also the case in the other branch of Congress. ^ Nor shall I go into a lengthy and labored inves- tigation of the manner in which the war has been conducted. The history of the Mexican war is before the world. It is enough to say, that in the short time of less than two years, our armies, under the most unfavorable circumstances in a foreign country , possessing, in some regions through which they marched, the most pestilential climate with the most fearful odds against them, achieved a seriea of the most brilliant victories ever recorded on th pages of history. , But this war undertaken for the purpose of de- fending our territory and protecting our citizens from the assaults of the invader, and prosecuted with a view to obtain indemnky for a long seriea of injuries and outrages committed upon the prop- erty and lives of our citizens, and security against like injuries and outrages in future is now prob- ably brought to a close. At least, hostilities hav for the present ceased; and the two Governments have lately been considering the grounds on which a final settlement should take place, and the kind and amount of indemnity which we have a right to demand. By the treaty lately adopted by the Senate, and sent to Mexico for ratification there, it is stipulated, on the part of that Government, to cede to the United States New Mexico and Upper California; for which we are to pay a certain sum of money, and assume the debts due from Mexico to the citi- zens of the United States. This state of things presents for our consideration the question whether, by this arrangement, we are to receive sufficient indemnity for the debts originally due us, and for the losses sustained in prosecuting the war to tho present time; and whether it is good policy to ex- tend further the area of our Union. Of this issue, I taRe the affirmative. , We have seen, sir, that the policy of the Gov- ernment, in this respect, has been most bitterly assailed, both upon this floor and in the Senate. A distinguished Senator from Massachusetts [Mr. . WEBSTER] opposes the policy of acquisition, both on the ground of the alleged unconstitutionality of the measure, and of the worthlessness (as he says) of the territory involved. He remarks: " I am against the creation of new States. I am against the acquisition of territory to form new States." Again: I ;iy, sir, if I am asked to-day whether, for the Fake of peace jf will take a treaty which brings two new States i ito this Umon, ou its southern boundary, I say MO distinctly, no. I have said on ; he southern boundary, because there the present proposition takes its locality. I would say the sain.! of the western, the eastern, or any other boundary. I would resist to day, and to the end, here and everywhere, anj proposition to add any foreign territory, on the south or west, north or ei\ t, to the States "of this Union aa they are nov constituted and held together under tin: Constitution. Sir, I hold this q in: -non to he vital, permanent, elementary, in tin; future prospr-nty of this country and the maintenance of the Constitution." Here we see that the Senator opposes acquisition 4 on constitutional grounds. And he considers this " if not the undivided, the preponderating sentiment of the whole North." Besides, sir, the Senator is willing to make this an issue before the people, "from the Gulf to the British provinces, and from the ocean to the Missouri." Now, sir, let me say, that we are willing to go before the people with this issue. Indeed , they have decided already. So far as I have been able to learn the wishes and feelings of the people, they have spoken loudly in favor of the acquisition of Mexican territory more especially since it has become evident that we can obtain indemnity in no other way. Sir, if the question were put to the legal voters to-day, whether they would prefer territory or no indemnity, they would decide, by an overwhelming majority, in favor of acquisition. I go further, sir, and say, that Congress has twice decided this question in the affirmative first in May, 1846, when they placed at the control of the Executive ten millions of dollars and fifty thousand men, for the purpose of prosecuting the war. It was well understood that Mexico had neither money nor credit, and that we must take land or nothing; and I cannot believe that any sane man supposed that we should enter upon such an undertaking with no view of obtaining anything for the wrongs and injuries before sustained, the debts then due, or for the ex- penses to be incurred. Again, at rtie last session of Congress, a bill was passed appropriating three millions of dollars, with the express object of acquiring territory from Mex- ico. Thus, sir, the question of territorial indem- nity may be considered as settled not only by the people, but by Congress. And had the President negotiated a treaty by which we were to receive the promises of bankrupt Mexico in payment of the debts previously due, and the expenses incur- red in prosecuting the war, he would have been overwhelmed by the reprobation of an outraged and indignant people. No doubt the Senator is -correct in his opinion, so far as the Federal States of the North are concerned. But, sir, I am confi- dent that such is not the sentiment of New Hamp- shire. No, sir; the recent election there has told the story for the Granite State. And I know, sir, that such is not the sentiment of Maine. But, sir, opposition to the measure of acquisition is just what we should expect from Whig States, and Whig Representatives and Senators here. They have always been opposed to the enlargement of our borders. Their policy has rather been to cur- tail and 'contract the area of freedom. Yes, sir, the Senator from Massachusetts is in principle op- posed to the acquisition of any more territory, ex:cept a harbor or two on the coast of California for the accommodation of the commerce of Mas- sachusetts. There are some whalemen from that 'State who pursae their occupation in the Pacific; and they must be provided for, of course. B^it no more new States must be added to the Union, be- cause Massachusetts might not, in that case, exert her due weight of influence in the councils of the nation. On the other hand, when you come to the question of ceding aioay selling out territory, in- habitants and all, for a mere nominal equivalent, why, then the Senator is not quite so scrupulous as to the right to do so as the State which I have the honor in part to represent once had the misfor- tune to learn, to her everlasting regret. Why, sir, more than* one-half' of bur present area is the result of acquiring large tracts of terri- tory from foreign or neighboring Powers. In 1803, the Government of the United States, under Mr. Jefferson, acquired, by treaty with France, that vast country called the Louisiana purchase. This measure met with the most strenuous oppo- sition from the opponents of that Democratic Ad- ministration. A great portion of this extensive and fertile region was considered by the opposers of acquisition as almost entirely worthless fit only for the abode of wild beasts, and savages as wild. They were also horror-struck at the idea of admit- ting the French and Spanish inhabitants then liv- ing on the territory to equal privileges with them- selves. The acquisition was also opposed on constitutional grounds. And it is said that Mr. Jefferson himself doubted the constitutionality of the purchase, and proposed an amendment to meet the caSe. But he considered the necessity of im- mediate action so great, that he did not deem it expedient to await the tardy process of an amend- ment to the Constitution. It is evident, however, that, although he had some scruples against "set- ting an example of broad construction," he never had any objection to the measure from a fear that it would disturb the balance of the Union by throw- ing the preponderance of power into the West. That great, sagacious, and far-seeing statesman was guided by no such narrow views. He looked upon that measure with an eye single to the pres- ent and future welfare of his country. And the result has shown that this was the wisest, the no- blest, of the many wise and noble deeds of that illustrious patriot and sage. But, the measure having been consummated, notwithstanding the strenuous opposition arrayed against it, its great utility and important bearing on the prosperity, not only of the western States, but upon the .whole Union, soon quieted the fears, and silenced the murmurs, of those who had been so unwise and short-sighted as to Qppose it. It was feared that the result of this acquisition^ so vast in extent, comprising, as it did, an are nearly equal to the territory of all the origina' States, would be to change the whole balance of power in the Union. But we have yet experienced no such consequences. Three large and flourish- ing States have already been formed out of the Louisiana purchase, and others will probably soon apply for admission into our glorious Confederacy. And, sir, when they are prepared to do so, I say, let them come. Party management, and a jealousy of the prosperity and power of the West, may for a time retard their admission; but they will have a right to a participation in the privileges and bless- ings of the union, and they must be admitted. I do not fear the result. I do not believe that their pa- triotism would permit them, even in accordance with their interest, to abuse the power which they seem likely to obtain. I prefer, rather, in the lan- guage of the immortal Washington, to belief e that the " name of American, which belongs to them ' in their national capacity, must always exalt their 'just pride of patriotism, more than any appella- 1 tions derived from local discriminations. They ' will not forget, that with slight shades of differ- 1 ence, they have the same religion , manners, habits, 'and political principles; that they' have, in a ' common cause, fought and triumphed together; ' that the independence and liberty we possess, are 1 the work of joint councils and joint efforts, of 'common dangers, sufferings, and successes." Tliere are but few, probably, of any party at the present day, who will depy the great value and importance of the Louisiana purchase. But was it.s acquisition a constitutional act? I maintain that it was; and in this position I am sustained by the highest authority. Mr. Justice Story, in his Com- mentary on the Constitution, while speaking on this point, says: , ;in iiuiilcnt.il power, the constitutional power of the United Siat.'- to acquire territorv would seem so naturally to flow I'IOIM the sovereignty confided to it, as not to admit of very si nous qiie-tion." "The Constitution confers on the Government of the United States thf: power of making war, and of making treaties; and it serin-' eonsi qu< ntly to possess the power of acquirin" territory, either Ity conquest or tre'ity. It tlie ces- sion l)n liy treaty, the terms of that treaty DlUSt he ohliiia- tory ; for it is the law of the land. And 'if it stipulates iur the enjoyment hy thn inhabitants, of tlie rights, privileges, and immunities of the citi/.ens of the United States, and for th-ir adm's-i >n into tlie Union as a St~.tr, the.-e stipulations must be equally obligatory. They are within the scope 'of tin- eon.-tituiional authority of the Government, which has the right to acquire territory, to make treaties, and to admit M'sr into t!u- Union."" This language, sir, covers the whole ground, both in regard to territory, icith or without inhab- itants, and in regard to States to be received into, or annexed to, the Union. Tlie same doctrine is also held by other element- ary writers on constitutional law. And the same point may also be considered as decided by the Supreme Court of the United States, in the case, American Insurance Company vs. Canter, 1 Peters' Sup. C. R. 511, 542. Our Government acted upon this ground, when, in 1819, it acquired Florida by treaty with Spain, and that, too, without any considerable opposition. This measure seems to have been generally acqui- esced in by all parties, which may be considered as stamping with the seal of approbation the pre- ceding measure of the like kind. The acquisition of Florida took place under the administration of Mr. Munroe, during the period of general amalgamation the " era of good feel- ing;" and this acquiescence for the time, can hard- ly be considered as an exception to the general assertion, that there has always been a party in our country opposed to the enlargement of our boundaries, and to the spread ofour free institutions; for we very well know, that the same determined and violent opposition which had been made to the acquisition of Louisiana, was renewed and arrayed against the annexation of Texas. The history of Texas, her early sufferings, her struggles to be free, her glorious achievements, her ultimate suc- cess in establishing her independence, and her final reception in'o the sisterhood of States all these are matters of history, fresh in the recollection of all. Here, too, the doctrine of acquisition was again triumphant. And it would seem as though we ought to consider ttfe question as res ndjiulicuta, and finally put to rest. Yen, sir; the acquisition of Louisiana, Florida, and Texas, are " foregone conclusions.*' These measures have been " sanc- tioned and sanctified" by the approbation of the American people. In the language of the Senator from Massachusetts, " I consider these transac- lions as passed, fettled, and Ifgaliztd. There they < stand. They are a part of our political history. 1 They are facts, gainst wtiich it would be idle at ' this day to contend." And now, sir, the question is, what shall be the future policy of our Government in regard to the further enlargement ofour borders? By the treaty before referred to, it is proposed to acquire New Mexico and Upper California. This proposition is in accordance with the recommendation of the Executive branch of the Government, and has lately received the constitutional sanction of the Senate. We are aware that there was considerable opposition to the treaty; some Senators, as we are informed, objecting on account of tlie munntr in which it was negotiated, others because it did not offer sufficient indemnity, and others still because they did not want any territory at all. This last position is the one assumed by the Senator from Massachusetts, and to him I will let the Senator from New Jersey [Mr. DAYTON] answer. He says: "The Senator from VassachiiPPtts, in the further prose- cution of hi- riniument, t"\\< us that this ireaty ives us the line of the Ilio Grande, IVew Mexico, and Upper California; and, in view of this acqui.-ition of territory, the Senator #oes into a statement showing the iirc.'s-arily sparse char- acter of the population, now and for a loni: time to come; and he then goes on to speak of the number of States which will be formed out of the territory and the Senators who will then take their seats here. In other words, he tells us that fourteen new Senators will take their places here, and, in contemplation or that result, he become-; absolutely struck with horror. FI" den mnees the whole thinu as a 'monstros- ity' a 'rfisfawoffon' au ' enormity' upon the fair framework of our Government." , < ' Again, he remarks: D0QC*O "The admission of Texas is a foregone conclusion. The number of States that may be carved out of Texas was set- tled in the annexation of that country. Arrange the bound- aries of Texas as you may, it adds 'not to, nor diminishes from, the number of Senators which she may at a future d iv p'ace upon this floor. Let me remark, however, that the i, .11 Senators from Texas, of whom the Senator speaks, will not come liere in your day, nor in mine, nor in >our children's, nor your children's children's day. Be that as it may, however, the Senator relies upon these ten Senators from Texas in order to make out his position. Sir, he nvght wit!) the same propriety have ar.nr-d from the admission of Louisiana and Florida, or any oilier territory acquired since the organization of ear Government. You thus get rid, at once, of ten out of the fourteen JSrnators that have alarmed the ju-L'nvnt of the distintruished Senator. These ' men in buckram' pat et- 8 tlement in Ihis valley (the Sacramento) on a large grant of land which he obtained from tin- Mexican Government. He had at fir.-t some troul-le. \virh tlie Indians; but by the occa- sional exercise of well-timed authority, lie lias succeeded in converting thijin into a peaceable and industrious people." He then goes on to describe Mr. Sutler's estab- lishment, his employment of the Indians, &c. He then remarks: " He had this year sown (and altogether by Indian labor) three hundred fane.zas oY wheat, (the fanega being about two bu.-hels.) The lowest average produce of wheat, as far as we can at present know, is thirty five fanegas for one sown; but, as one instance of its fertility, it may be men- tioned that Ss iiar Vallejo obtained, on a piece of ground where sheep ha.I been pastured, eight hundred fanegas for eight s?o\vn. ? ' " The Sacramento here is a noble river, about three hundred ytlrds broad, deep and tranquil, with several fathoms of water in the channel, and it< bunks continuously timbered. There were two vessels belonging to Captain gutter at anchor near the landing one a large two-masted lighter, and the other a schooner, which was shortly to proceed on a voyage to Fort Vancouver for a cargo of goods." I find, by reference to McCulloch's Geographical Dictionary, that the number of white people in this province, in 1831, was 23,000. What the number is at this time I have not been able to learn with accuracy; but it is not, probably, less than 40,000; and the tide of emigration is rapidly flowing in from all parts of the Union, and the fertile valleys of California will soon teem with a million of ac- tive and thriving people. But the acquisition of California is of very great importance, in a commercial point of view. I have already incidentally spoken of the bay of San Francisco. There* are other harbors on the coast which, though not so safe and capacious, are yet of considerable consequence. But San Fran- cisco, the harbor of harbors on the Pacific coast, can hardly be overestimated in its importance, not only to California itself, but to the commerce of the whole Union. Our commerce in the Pacific Ocean j is now quite extensive, and still increasing. And should the plan of Mr. Aaron H. Palmer, lately rec- ! ommended to this Government, of a ship-canal to unite the Atlantic and Pacific, and for a railroad from some point on the Mississippi to San Fran- ! cisco, or San Diego, in California, be carried into operation, as it doubtless will be before the lapse of many years, its value and importance will be greatly augmented. Why, sir, it is estimated that at the present time | " the American whaling vessels alone in the Pa- 'cific exceed in number six hundred, and give em- ' ploy ment to upwards of twenty thousand men; and ' that during the year ending the 31st of December, ' 1837, the whole number of our merchant vessels '[which cleared for ports in the Pacific, and to ports 'in the East Indies, amounted to one hundred and 'eighty-one." The amount of capital employed does not, probably, fall short of eight millions of dollars perhaps it is more. Now, sir, shall we trust the protection of this commerce to foreign nations, with whom we are liable at any time to be engaged in war; or shall we adopt the means necessary to protect it ourselves? I believe, sir, that we should not hesitate for a sin- gle moment. If we embrace the opportunity now offered to us, we may secure the prize; otherwise, it may be forever too late. Every one at all ac- quainted with the history of California, must be perfectly aware that Great Britain has been, for a number of years past, upon the point of laying her rapacious hand upon it. And she would doubtless have effected her purpose, had not our Government wisely interposed. And I take this occasion to say, that I consider the doc tripe proclaimed by Mr. -Monroe in 1823, and lately reiterated by the Presi- dent in his message on Yucatan, a sound one, and that it should be strictly and constantly enforced by the United States. We ought, indeed, to " con- sider any attempt on the part of Great Britain," or any other European Power, to take possession of California, " as dangerous to our peace and safety." Sir, I consider this measure of acquisition as one of great importance in other respects than those I have named. It is not merely a question of to-day. The idea of indemnity involved should not be considered -as a mere matter of pecuniary interest alone. It is not only important to the free people of our own happy country, but to the worn and weary exile from foreign lands. The nations of the Old World are not yet all free, and probably will not be for ages yet to come. I would say to all who are still oppressed by the heavy hand of /despotism, come and make yourselves homes in the fertile valleys and sunny plains of the West. Here your rights shall be respected, and you shall enjoy, equally with us, all the blessings which freedom, equality, and plenty can afford. Sir, I deprecate that narrow and selfish policy which would circumscribe our expanding Union, and confine its swelling, bursting tide of freemen within the limits of the original States, hnd whidi would forbid the exile of Europe to set foot upon our happy shores. Sir, let the warm-hearted la- borious son of Erin, the industrious and frugal German, thp generous and patriotic Pole, come among us. I fear no contamination from their presence. If our country is not sufficiently large, let its borders be expanded 4x> receive them all. The policy that would attempt to retard- the free course of liberal principles, or check the flood of emigration that is still rolling onward to the dis- tant West, is as futile as it is unwise. The current is deep and mighty, and cannot be stayed. Sir, when I cast a glance upon the past, and be- hold what our country was two hundred years ago a vast wilderness, with a few scattered ham- lets on the Atlantic coast when I look upon it now, with its twenty-five millions of free and happy people, spread over an area vast in extent, yet brought into close proximity by the facilities of intercommunication, which have almost anni- hilated time and space when I witness the mighty events which are now transpiring, and which point to the future, I am overwhelmed in contemplation of the glorious destiny which a,waits our happy Union.