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