some important considerations, to which it may not be improper to call at this time the public attention.

Our population may at this time be assumed as amounting to twenty millions. Although the ratio of natural increase has already been lessened from thirty-three to about thirty per cent. in ten years, the deficiency has been, and will probably continue for a while to be, compensated by the prodigious increase of immigration from foreign countries. An increase of thirty per cent. would add to our population six millions within ten, and near fourteen millions in twenty, years. At the rate of only twenty-five per cent. it will add five millions in ten, and more than eleven millions in twenty, years. That the fertile uncultivated land within the limits of the States admitted or immediately admissible in the Union could sustain three times that number, is indubitable. But the indomitable energy, the locomotive propensities, and all the habits of the settlers of new countries are such that not even the united efforts of both governments can or will prevent their occupying within twenty, if not within ten, years, every district as far as the Pacific, and whether within the limits of the United States or of Mexico, which shall not have previously been actually and bona fide occupied and settled by others. It may be said that this is justifiable by natural law; that, for the same reason which sets aside the right of discovery if not followed by actual occupation within a reasonable time, the rights of Spain and Mexico have been forfeited by their neglect or inability, during a period of three hundred years, to colonize a country which, during the whole of that period, they held undisputed by any other foreign nation. And it may perhaps be observed that, had the government of the United States waited for the operation of natural and irresistible causes, these alone would have given them, without a war, more than they want at this moment.

However plausible all this may appear, it is nevertheless certain that it will be an acquisition of territory for the benefit of the people of the United States and in violation of solemn treaties. Not only collisions must be avoided and the renewal of another illicit annexation be prevented, but the two countries must coolly consider their relative position, and whatever portion

of territory not actually settled by the Mexicans and of no real utility to them they may be disposed to cede, must be acquired by a treaty freely assented to and for a reasonable compensation. But this is not the time for the discussion of a proper final arrangement. We must wait till peace shall have been restored and angry feelings shall have subsided. At present the only object is peace, immediate peace, a just peace, and no acquisition of territory but that which may be absolutely necessary for effecting the great object in view. The most simple terms, those which will only provide for the adjustment of the Texas boundary and for the payment of the indemnities due to our citizens, and, in every other respect, restore things as they stood before the beginning of hostilities, appear to me the most eligible. For that purpose I may be permitted to wish that the discussion of the terms should not be embarrassed by the introduction of any other matter. There are other considerations, highly important, and not foreign to the great question of an extension of territory, but which may, without any inconvenience or commitment, be postponed, and should not be permitted to impede the immediate termination of this lamentable war.

I have gone farther than I intended. It is said that a rallying-point is wanted by the friends of peace. Let them unite, boldly express their opinions, and use their utmost endeavors in promoting an immediate termination of the war. For the people no other banner is necessary. But their representatives in Congress assembled are alone competent to ascertain, alone vested with the legitimate power of deciding, what course should be pursued at this momentous crisis, what are the best means for carrying into effect their own views, whatever these may be. We may wait with hope and confidence the result of their deliberations.

I have tried in this essay to confine myself to the questions at issue between the United States and Mexico. Whether the Executive has in any respect exceeded his legitimate powers,

whether he is for any of his acts liable to animadversion, are questions which do not concern Mexico.

There are certainly some doubtful assumptions of power and some points on which explanations are necessary. The most important is the reason which may have induced the President, when he considered the war as necessary and almost unavoidable, not to communicate to Congress, which was all that time in session, the important steps he had taken till after hostilities, and indeed actual war, had taken place. The substitution for war contributions of an arbitrary and varying tariff, appears to me to be of a doubtful nature, and it is hoped that the subject will attract the early attention of Congress. I am also clearly of opinion that the provisions of the law respecting volunteers, which authorizes them to elect their officers, is a direct violation of the Constitution of the United States, which recognizes no other land force than the army and the militia, and which vests in the President and Senate the exclusive power of appointing all the officers of the United States whose appointments are not otherwise provided for in the Constitution itself. (With respect to precedents, refer to the Act of July 6, 1812, chap. 461 (cxxxviii.), enacted with due deliberation, and which repeals in that respect the Act on same subject of February 6, 1812.)

LIB

BRARY

UNIVERSITY

CALIFORNIA

APPENDIX.

THE GALLATIN GENEALOGY.

Extrait du Regître des affaires des particuliers de la République de

Genève

Du 6 avril, 1770.

Filiation des branches existantes de la Famille Gallatin depuis que cette Famille est établie à Genève.

PREMIÈRE BRANCHE.

1. Noble Jean Gallatin De Granges possédait des fiefs en Michaille riere Ardonne, Granges, Musinnens et Arlaud qui sont des villages dans la Michaille, appert des reconnaissances emphithéotiques passées en 1502 et 1503 en faveur de Jean Gallatin et de ses frères fils du dit, lesquels sont qualifiés de Nobles, Vénérables et Egrèges Hommes Seigneurs dans les dites reconnaissances reçues, Berterius de Saint Martin Notaire. Vid. A, No. 1.

...

2. Jean Gallatin, fils du dit, reçu Bourgeois de Genève en 1510, appert de ses lettres de Bourgeoisie, A, No. 2. Ce Jean Gallatin était Secrétaire du Duc de Savoye, Vicomte Palatin et Protonotaire Apostolique appert des pièces A, No. 3. Il avait épousé Pernette d'Entremonts, appert du contract de mariage passé à Thone le 26 avril, 1507, devant Egrège Guillaume Megex, notaire public, dans lequel on lit: "inter nobilem et egregium virum Joannem Gallatin Ducale Secretarium ex una et nobilem Peronetam filiam Guillielmi de intermontibus." Vid. A, No. 4. 3. Pierre Gallatin, fils du dit Jean, appert d'une reconnaissance par lui passée devant François Voirrier, notaire et commissaire, le 26 octobre, 1557, laquelle porte que la pièce reconnue a été acquise avant les guerres par Noble Jean Gallatin, père du dit Noble Pierre reconnaissant. Vid. cahier cotté x, No. 5. Le dit Pierre avait épousé Noble Jeanne Jordan appert d'un acte d'échange entre la dite dame et Noble Claude Gallatin dans laquelle elle agit comme tutrice de Claude et Marin Gallatin, ses enfans. François Panissot, Notaire. Vid. cahier x, No. 6.

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