Note 9 — IX THE UNITED STATES MEETS THE CRISIS May—July, 1846

To justify Calhoun’s theory the Constitution should have been made to read: “Congress shall have power to declare war, and without such a declaration the United States shall never be at war,” which would have been manifestly ridiculous; and the provision in article i, sect. 10, that a state, when in imminent danger, might begin war, should have been cancelled. Doubtless for partisan reasons, Webster (Curtis, Webster, ii, 301) took the same position as Calhoun, saying that Congress could not “create a fact”—i.e. could not state that war existed before it had declared war. Von Holst on the other hand, in order to face the tolerably evident certainty that we had a legal war with Mexico, says (United States, iii, 253) that Congress made Polk’s lie [that war existed] into a fact! Many members of Congress had too little confidence (Calhoun to Thompson: Am. Hist. Rev., i, 314) in their knowledge of the situation to feel positive as to the full justice of the American cause, but this did not affect the validity of their action. Particularly noticeable was the rejection (27 to 97) of Delano’s proposition that nothing in the war bill should be construed as approving of the President’s conduct in taking armed possession of the intermediate region. Thus a much discussed question was formally raised and formally decided. 132King to Buchanan, June 1.