Speech in Congress, Jan. 12, 1848. The Boundary of Texas. is only equaled by the outrage on common sense of any at tempt to justify it. "The President's next piece of evidence is, that 'The Republic of Texas always claimed this river (Rio Grande) as her western boundary.' That is not true, in fact. Texas ha claimed it, but she has not always claimed it. There is, at least, one distinguished exception. Her State Constitutionthe public's most solemn and well-considered act; that which may, without impropriety, be called her last will and testament, revoking all others-makes no such claim. But suppose she had always claimed it. Has not Mexico always claimed the contrary? So that there is but claim against claim, leaving nothing proved until we get back of the claims, and find which has the better foundation. "Though not in the order in which the President presents his evidence, I now consider that class of his statements, which are, in substance, nothing more than that Texas has by various acts of her Convention and Congress, claimed the Rio Grande as her boundary-on paper. I mean here what he says about the fixing of the Rio Grande as her boundary, in her old Constitution (not her State Constitution), about forming congressional districts, counties, etc. Now, all this. is but naked claim; and what I have already said about claims is strictly applicable to this. If I should claim your land by word of mouth, that certainly would not make it mine; and if I were to claim it by a deed which I had made myself, and with which you had nothing to do, the claim would be quite the same in substance, or rather in utter nothingness. "I next consider the President's statement that Santa Anna, in his treaty with Texas, recognized the Rio Grande as the western boundary of Texas. Besides the position so often taken that Santa Anna, while a prisoner of war—a captivecould not bind Mexico by a treaty, which I deem conclusive: besides this, I wish to say something in relation to this treaty Speech in Congress. The Mexican War so called by the President, with Santa Anna. If any man would like to be amused by a sight at that little thing, which the President calls by that big name, he can have it by turning to Niles' Register, volume 50, page 386. And if any one should suppose that Niles' Register is a curious repository. of so mighty a document as a solemn treaty between nations, I can only say that I learned, to a tolerable degree of certainty, by inquiry at the State Department, that the President himself never saw it anywhere else. By the way, I believe I should not err if I were to declare, that during the first ten years of the existence of that document, it was never by anybody called a treaty; that it was never so called till the President, in his extremity, attempted, by so calling it, to wring something from it in justification of himself in connection with the Mexican war. It has none of the distinguishing features of a treaty. It does not call itself a treaty. Santa Anna does not therein assume to bind Mexico; he assumes only to act as President, Commander-in-chief of the Mexican army and navy; stipulates that the then present hostilities. should cease, and that he would not himself take up arms, nor influence the Mexican people to take up arms, against Texas, during the existence of the war of independence. did not recognize the independence of Texas; he did not assume to put an end to the war, but clearly indicated his expectation of its continuance; he did not say one word about boundary, and most probably never thought of it. It is stipulated therein that the Mexican forces should evacuate the territory of Texas, passing to the other side of the Rio Grande; and in another article it is stipulated, that to prevent collisions between the armies, the Texan army should not approach nearer than five leagues-of what is not said-but clearly, from the object stated, it is of the Rio Grande. Now, if this is a treaty recognizing the Rio Grande as a boundary of Texas, it contains the singular feature of stipulating that Texas shall not go within five leagues of her own boundary. He Speech in Congress. The Mexican War. Characteristic Illustration, "Next comes the evidence that Texas before annexation, and the United States afterward, exercising jurisdiction beyond the Nueces, and between the two rivers. This actual exercise of jurisdiction is the very class or quality of evidence we want. It is excellent so far as it goes; but does it go far enough? He tells us it went beyond the Nueces, but he does not tell us it went to the Rio Grande. He tells us jurisdiction was exercised between the two rivers, but he does not tell us it was exercised over all the territory between them. Some simple-minded people think it possible to cross one river and go beyond it, without going all the way to the next; that jurisdiction may be exercised between two rivers without covering all the country between them. I know a man, not very unlike myself, who exercises jurisdiction over a piece of land between the Wabash and the Mississippi; and yet so far is this from being all there is between those rivers, that it is just one hundred and fifty-two feet long by fifty wide, and no part of it much within a hundred miles of either. He has a neighbor between him and the Mississippi-thať is, just across the street, in that direction-whom, I am sure, he could neither persuade nor force to give up his habitation; but which, nevertheless he could certainly annex, if it were to be done, by merely standing on his own side of the street and claiming it, or even sitting down and writing a deed for it. "But next, the President tells us, the Congress of the United States understood the State of Texas they admitted into the Union to extend beyond the Neuces. Well, I suppose they did I certainly so understand it—but how far beyond? That Congress did not understand it to extend clear to the Rio Grande, is quite certain by the fact of their joint resolutions for admission expressly leaving all questions of boundary to future adjustment. And, it may be added, that Texas herself is proved to have had the same understanding of it that our Congress had, by the fact of the exact conformity of her new Constitution to those resolutions Speech in Congress. The Mexican War. Boundary Lines. "I am now through the whole of the President's evidence; and it is a singular fact, that if any one should declare the President sent the army into the midst of a settlement of Mexican people, who had never submitted, by consent or by force to the authority of Texas or of the United States, and that there, and thereby, the first blood of the war was shed, there is not one word in all the President has said which would either admit or deny the declaration. In this strange omission chiefly consists the deception of the President's evidence-an omission which, it does seem to me, could scarcely have occurred but by design. My way of living leads me to be about the courts of justice; and there I have sometimes seen a good lawyer, struggling for his client's neck, in a desperate case, employing every artifice to work round, befog, and cover up with many words some position pressed upon him by the prosecution, which he dared not admit, and yet could not deny. Party bias may help to make it appear so; but, with all the allowance I can make for such bias, it still does appear to me that just such and from just such necessity, are the President's struggles in this case. "Some time after my colleague (Mr. Richardson) introduced the resolutions I have mentioned, I introduced a preamble, resolution, and interrogatories, intended to draw the President out, if possible, on this hitherto untrodden ground. To show their relevancy, I propose to state my understanding of the true rule for ascertaining the boundary betwen Texas and Mexico. It is, that wherever Texas was exercising jurisdiction was hers; and wherever Mexico was exercising jurisdiction was hers: and that whatever separated the actual exercise of jurisdiction of the one from that of the other, was the true boundary between them. If, as is probably true, Texas was exercising jurisdiction along the western bank of the Neuces, and Mexico was exercising it along the eastern. bank of the Rio Grande, then neither river was the boundary, but the uninhabited country between the two was. The Speech in Congress. The Mexican War. Right to Revolutionize. extent of our territory in that region depended not on any treaty-fixed boundary (for no treaty had attempted it), but on revolution. Any people anywhere, being inclined and. having the power, have the right to rise up and shake off the existing government, and form a new one that suits them better. This is a most valuable, a most sacred right—a right which, we hope and believe, is to liberate the world. Nor is this right confined to cases in which the whole people of an existing government may choose to exercise it. Any portion of such people that can may revolutionize, and make their own of so much of their territory as they inhabit. More than this, a majority of any portion of such people may revolutionize, putting down a minority, intermingled with, or near about them, who may oppose their movements. Such minority was precisely the case of the Tories of our own Revolution. It is a quality of revolutions not to go by old lines, or old laws; but to break up both and make new ones. As to the country now in question, we bought it of France in 1803, and sold it to Spain in 1819, according to the President's statement. After this, all Mexico, including Texas, revolutionized against Spain; and still later, Texas revolutionized. against Mexico. In my view, just so far as she carried her revolution, by obtaining the actual, willing or unwilling submission of the people, so far the country was hers, and no further. Let "Now, sir, for the purpose of obtaining the very best evidence as to whether Texas had actually carried her revolution to the place where the hostilities of the present war commenced, let the President answer the interrogatories I proposed, as before mentioned, or some other similar ones. him answer fully, fairly and candidly. Let him answer with facts, and not with arguments. Let him remember he sits where Washington sat; and, so remembering, let him answer as Washington would answer. As a nation should not, and the Almighty will not, be evaded, so let him attempt no |