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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. 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, 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 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 exercised 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 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-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, never
theless, 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 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 had, 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
bank of the Nueces, 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 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 the 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.
Now, sir, for the purpose of obtaining the very best evi dence 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. Let 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 evasion, no equivocation. And if, so answering, he can show that the soil was ours where the first blood of the war was shed-that it was not within an inhabited country, or, if within such, that the inhabitants had submitted themselves to the civil authority of Texas, or of the United States, and that the same is true of the site of Fort Brown-then I am with him for his justification. In that case, I shall be most happy to reverse the vote I gave the other day. I have a selfish motive for desiring that
the President may do this; I expect to give some votes, in connection with the war, which, without his so doing, will be of doubtful propriety, in my own judgment, but which will be free from the doubt, if he does so. But if he can not or will not do this-if, on any pretence, or no pretence, he shall refuse or omit it-then I shall be fully convinced, of what I more than suspect already, that he is deeply conscious of being in the wrong; that he feels the blood of this war, like the blood of Abel, is crying to heaven against him; that he ordered General Taylor into the midst of a peaceful Mexican settlement, purposely to bring on a war; that originally having some strong motivewhat I will not stop now to give my opinion concerning-to involve the two countries in a war, and trusting to escape scrutiny by fixing the public gaze upon the exceeding brightness of military glory-that attractive rainbow that rises in showers of blood-that serpent's eye that charms to destroyhe plunged into it, and has swept on and on, till, disappointed in his calculation of the ease with which Mexico might be subdued, he now finds himself he knows not where. How like the half insane mumbling of a fever dream is the whole war part of the late message! At one time telling us that Mexico has nothing whatever that we can get but territory; at another, showing us how we can support the war by levying contributions on Mexico. At one time urging the national honor, the security of the future, the prevention of foreign interference, and even the good of Mexico herself, as among the objects of the war; at another, telling us that, "to reject indemnity by refusing to accept a cession of territory, would be to abandon all our just demands, and to wage the war, bearing all its expenses, without a purpose or definite object." So, then, the national honor, security of the future, and everything but territorial indemnity, may be considered the no purposes and indefinite objects of the war! But having it now settled that territorial indemnity is the only object, we are urged to seize by legislation here, all that he was content to take a few months ago, and the whole province of Lower California to boot, and to still carry on the war-to take all we are fighting for, and still fight on. Again, the President is resolved, under all circumstances, to have full territorial indemnity for the expenses of the war; but he forgets to tell. us how we are to get the excess after those expenses shall have surpassed the value of the whole of the Mexican territory. So, again, he insists that the separate national existence of Mexico shall be maintained; but he does not tell us how this can be done after we shall have taken all her territory. Lest
the question I here suggest be considered speculative merely, let me be indulged a moment in trying to show they are not.
The war has gone on some twenty months; for the expenses of which, together with an inconsiderable old score, the President now claims about one-half of the Mexican territory, and that by far the better half, so far as concerns our ability to make anything out of it. It is comparatively uninhabited; so that we could establish land offices in it, and raise some money in that way. But the other half is already inhabited, as I understand it, tolerably densely for the nature of the country; and all its lands, or all that are valuable, already appropriated as private property. How, then, are we to make any thing out of these lands with this incumbrance on them, or how remove the incumbrance? I suppose no one will say we should kill the people, or drive them out, or make slaves of them, or even confiscate their property! How, then, can we make much out of this part of the territory? If the prosecution of the war has, in expenses, already equaled the better half of the country, how long its future prosecution will be in equaling the less valuable half is not a speculative but a practical question, pressing closely upon us; and yet it is a question which the President seems never to have thought of.
As to the mode of terminating the war and securing peace, the President is equally wandering and indefinite. First, it is to be done by more vigorous prosecution of the war in the vital parts of the enemy's country; and, after apparently talking himself tired on this point, the President drops down into a half despairing tone, and tells us that, "with a people distracted and divided by contending factions, and a government subject to constant changes, by successive revolutions, the continued success of our arms may fail to obtain a satisfactory peace." Then he suggests the propriety of wheedling the Mexican people to desert the counsels of their own leaders, and, trusting in our protection, to set up a government from which we can secure a satisfactory peace, telling us that "this may become the only mode of obtaining such a peace." But soon he falls into doubt of this, too, and then drops back on to the already half-abandoned ground of "more vigorous prosecution." All this shows that the President is in no wise satisfied with his own positions. First, he takes up one, and, in attempting to argue us into it, he argues himself out of it; then seizes another, and goes through the same process; and then, confused at being able to think of nothing new, he snatches up the old one again, which he has some time before cast off. His mind, tasked beyond its power, is running