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act of the Republic of Mexico a state of war exists between that Government and the United States ;'' when the same journals that informed him of this, also informed him that, when that declaration stood disconnected from the question of supplies, sixty-seven in the House, and not fourteen merely, voted against it; besides this open attempt to prove by telling the truth, what he could not prove by telling the whole truth, demanding of all who will not submit to be misrepresented, in justice to themselves, to speak out; besides all this, one of my colleagues (Mr. Richardson), at a very early day in the session, brought in a set of resolutions, expressly indorsing the original justice of the war on the part of the President. Upon these resolutions, when they shall be put on their passage, I shall be compelled to vote; so that I can not be silent if I would. Seeing this, I went about preparing myself to give the vote understandingly, when it should come.
I carefully examined the President's messages, to ascertain what he himself had said and proved upon the point. The result of this examination was to make the impression, tbat, taking for true all the President states as facts, he falls far short of proving his justification; and that the President would have gone further with his proof, if it had not been for the small matter that the truth would not permit him. Under the impression thus made I gave the vote before mentioned. I propose now to give, concisely, the process of the examination I made, and how I reached the conclusion I did.
The President, in his first message of May, 1846, declares that the soil was ours on which hostilities were commenced by Mexico; and he repeats that declaration, almost in the same language, in each successive annual message-thus showing that he esteems that point a highly essential one. In the importance of that point I entirely agree with the President. To my judgment, it is the very point upon which he should be justified or condemned. In his message of December, 1846, it seems to have occurred to him, as is certainly true, that title, ownership to soil, or anything else, is not a simple fact, but is a conclusion following one or more simple facts; and that it was incumbent upon him to present the facts from which he concluded the soil was ours on which the first blood of the war was shed.
Accordingly, a little below the middle of page twelve in the message last referred to, he enters upon that task; forming an issue and introducing testimony, extending the whole to a little below the middle of page fourteen. Now, I propose to try to show that the whole of this—issue and evidence-is, from beginning to end, the sheerest deception. The issue, as
he presents it, is in these words: “but there are those who, conceding all this to be true, assume the ground that the true western boundary of Texas is the Nueces, instead of the Rio Grande ; and that, therefore, in marching our army to the cast bank of the latter river, we passed the Texan line, and invaded the territory of Mexico." Now, this issue is made up of two affirmatives and no negatives. The main deception of it is, that it assumes as true that one river or the other is necessarily the boundary, and cheats the superficial thinker entirely out of the idea that possibly the boundary is some. where between the two, and not actually at either. A further deception is, that it will let in evidence which a true issue would exclude. A true issue made by the President would be about as follows: "I say the soil was ours on which the first blood was shed; there are those who say it was not.”
I now proceed to examine the President's evidence, as applicable to such an issue. When that evidence is analyzed, it is all included in the following propositions :
1. That the Rio Grande was the western boundary of Louisiana, as we purchased it of France in 1803.
2. That the Republic of Texas always claimed the Rio Grande as her western boundary.
3. That, by various acts, she had claimed it on paper.
4. That Santa Anna, in his treaty with Texas, recognized the Rio Grande as her boundary.
5. That Texas before, and the United States after annexation, had exercised jurisdiction beyond the Nueces, between the two rivers.
6. That our Congress understood the boundary of Texas to extend beyond the Nueces.
Now for each of these in its turn :
His first item is, that the Rio Grande was the western boundary of Louisiana, as we purchased it of France in 1803; and, seeming to expect this to be disputed, he argues over the amount of nearly a page to prove it true ; at the end of which, he lets us know that, by the treaty of 1819, we sold to Spain the whole country, from the Rio Grande eastward to the Sabine. Now, admitting for the present, that the Rio Grande was the boundary of Louisiana, what, under heaven, had that to do with the present boundary between us and Mexico? How, Mr. Chairman, the line that once divided your land from mine can still be the boundary between us after I have sold my land to you, is, to me, beyond all comprehension. And how any man, with an honest purpose only of proving the truth, could over have thought of introducing such a fact to prove such an issue, is equally incomprehensible. The out rage upon common right, of seizing as our own what we have once sold, merely because it was ours before we sold it, is only. equaled by the outrage on common sense of any attempt 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 has 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—make 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
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 troaty 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: 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 336.
And if any oue 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 any. body 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. He 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, pussing 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 within 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 the boundary of Texas, it contains the singular feature of stipulating that Texas shall not go within five leagues of her own boundary.
Next comes the evidence of 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 exer. cised between the two rivers, but he does not tell us it was exercised over all the territory between them. Some simpleminded people think it possible to cross one river and 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—that 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 Tinion to extend beyond the Nueces. 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 bad, by the fact of the exact conformity of her new Constitution to those resolutions.
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 some times 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 proposed to state my understanding of the true rule for ascertaining the boundary between 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