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第6章

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in the same language in each successive annual message; thus

showing that he deems 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 on 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 thisissue and evidenceis 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 east bank of the latter river; we passed

the Texas line and invaded the territory of Mexico。〃  Now this

issue is made up of two affirmatives and no negative。 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

somewhere 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 eastern 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 Nuecesbetween 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 1803 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 ever have thought

of introducing such a fact to prove such an issue is equally

incomprehensible。 His 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 constitution the republic'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 of 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 had nothing to do; the

claim would be quite the same in substanceor 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 captive; could

not bind Mexico by a treaty; which I deem conclusivebesides

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 of that little thing which the President

calls by that big name; he can have it by turning to Niles's

Register; vol。 1; p。 336。 And if any one should suppose that

Niles's 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 treatythat 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 the PresidentCommander…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

Texas 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 afterwards; 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 th

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