inevitable hostilities, which ought not to have been brought on without the express sanction of Congress, and while there was still a possibility of negotiating. The first, is a question between Mr. Polk and his country, with which Mexico has nothing to do; the other, is a mere question of probability, depending on the willingness on our side to negotiate, and the willingness, or the contrary, on this part of Mexico, to meet us. I will add, that the taking of California and New Mexico are acts arising out of the war, and not causes leading to it. Footnote 6: The able speech of Mr. Kauffman in Congress on this subject is not easily refuted. As a jurist, I do not hesitate to pronounce the treaty valid. Let us now consider the provocations and complaints on our side; these commenced before any of the alleged grievances on the part of Mexico. They may be placed under two heads; first, the refusal to pay American citizens the debts contracted by their government for the means of carrying on their war of independence; and secondly, for outrages committed on the persons of our people while in the pursuit of their lawful business, and for the illegal seizure and confiscation of their property. The second head covers much the largest amount of injuries complained of: they consist of seizure of vessels in port on false or frivolous pretexts; of goods and merchandise for public use; of forced loans and civil injuries to persons, and wanton confinement to loathsome prisons, where many perished or lost their health. There were beside, anomalous cases, [7]some of them involving immense losses, breaking up mercantile establishments, producing ruin, and irreparable injury. Footnote 7: Such as that of Aaron Ligett, who introduced steamboats on the Tobasco river, according to a contract with the government; his boats were seized for public use, his merchandize confiscated, and business and credit destroyed. There is the case of Dr. Baldwin, who was induced to establish saw mills, which were seized when they became profitable, and the lands purchased by him confiscated. There is the case of the empressario contracts in Texas, where lands were granted by Mexico, on condition of colonizing, and when the company brought out colonies at great expense, they were forcibly prevented from taking possession—colonists driven off or imprisoned, and the goods and effects of the company seized.