Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-12-10
Par tie Enquire,
TEXAS-TNo VIII


fully established; that il may confidently be AS
Scried. TIA the essential facts assumed by gentle
men who deny the absolute unconditional and
unqualified right Of Texas, wholly Independent,
II any assent expressed or implied b. the subsist
ing Government OF Mexico, 10 establish icr heg-
self any form OF government which She may deem
expcdien;-t6 form any alliance or connexon
with these United Stales-or who insist that this
nation, in accedng 20 my such connection, woua
hereby v:o!.t4 any right OF Mexico, or furnished
her with any just cause oil offence, are wholly
unwarranied and unsupported by The truth OF the
case.
We may row advance 10 our next position N the
discussion. The proposition which is now to be
asserted and maintained is This: that upon the sup
position that Texas did originally constitute
part OF the territory Of the present Go"crnmca of
Mexico houni 10 il IS 2 n integral portion Of thai
community vet. havin. declatef hn. separation
and independence, having. in fact consrmma,ed
that independence br successful resistance 10 all
the eti1f's Of Mexico 10 subugate her. having
been recognized rs free and SOVEREIGN State, il,
goo4 .a;'h, ~ these U"i'eL States rs well rs "
various European powers, she is perfectly, ALSO
lCiely md Internationally independent, and has
rertect absolute and unconditional capacity 10
exercise all tic faculties OF Sovereignty: among
Which is the right to unite hers il in any manner,
and upon any terms which Shl may think expc-
iient 10 any other. although foreign State.
BY the 'erlns oil the proposition, as linus stated
certain iac.s are conceded for the sake of argn-
mcnt. il is assumed that Texas. al one time.
ioFincJ a componsE: rayt oil the presen, Rcpuh
lie o Mexico tia. he has separated herself from,
and declared herselt independent Of her former
rish,.u end Acknowledged sovereign: facts which
i, has been fully demonstrated, are at variance
with he truth Of his.cry. Nor DOGS the position
which has been advanced involve any inquiry By
Us into the causes OF his supposed revolution, OF
any judgment as 10 which party in the sirugei,
had the better right. This is subject upon which
however clear our opinions may be- We are no,
authorized, as nation, 10 decide. The facts up.
on which cur conclusion manly rests, are uncon-
irovered and incouirorerible. The iudcpend-
encc OF Texas actually exists; and lis existence
has been publicly acknowledged by orr own
and other Governments. The legitimate rcsul,
from this state oi things IS, j, is believed that
as regards Texas herself, and as regards all
other powers. especially those b. whom her
independence has been recognized, her former
connexion with Mexico, whatever il NAV have
been, has 10 all and every purpose been absolute
Is dissolved; that she has rs perfect 4 right to
unite herself with This Union as with Mexico
herself: and that the L. States in acceding TO
such a connection, nfrinees no right OF Mexico,
voaes no injunction Of the law OF nations, and
consequently oilers no offence 10 that Govern
mcnt. The main. il not The only ground which
has been advanced by the opponents Of this doc
irinc IS that notwithstanding the facts incorpo-
rated into the propositions which are not contro-
vcrtej, vet, So long as Mexico withholds her ac
of the independence oi Texas, and
persists in asserting her lawful righiio sovereign
t. over her. this independence is only quasi
one that il is inchoaic only and imperfect, and
that other nations cannot. without violation OF
duly towards Mexico, disregard or do any act
contrary 10 the rights OF that power.
Such is understood 10 be the length and breadth
Of the objection now 10 be considered, and IL Is
my present purpose 10 demonstrate, as j. Is
thought can be clearly done, that is al variance
with the received doctrines OF the law ofnatons,
and emphatically with the uniform inerprea
ton given 10 that code by toe Government OF Tie
United States. 1t is apparent, that this objection
rests upon the assumption, that as between
particular Government and all foreign nations |
4 distinction exists, well understood and recos
nized between a sovereign dr. jure and sovereign
DR. faetc: 10 apply this doctrine 10 the case in |!
hand that, although Texas is Nc i1ci0 indepen-
dent yet 50 long as Mexico persereres in assert /
Ing her supposed original right Of sovereignty I
She must be recognized rs the &c jure sovereign :
II is said his distinction is assumed 10 exist for
throughout the entire discussion, no citation it is
believed, has been made from any authoritative
write. on public law, which affords il the slightest
With great Difference and unteisn-
CT respcc; 10 the very distinguished individuals I
who have lent 10 this doctrine the weight OF their I
authority, it MAJ with great confidence be assert
ed that ii has 10 foundation or support in the law
al nations No snch distinction will be discover /
ed in Grotius or Eatie or other eminent writers
on This science. On The other hand, the princi- /
pies which pcrvade that code, as we'll as those I
which have been practically adopted and +
enforced in the intercourse OF nations, is diane (
tricallv al variance with any such idea. Draw
ing our conclusions from these sources, We find /
this doctrine theoretically asserted and practically
acted upon, that the sovereign or sovereign /
" in fact, which is in actual possession |
and enjovmert OF power, whether righttnliy /
or wronst1lly obtained, is that alone which /
foreign na,ious are under any obligation or /
have any authority 10 recognize. IL is for the |
acts OF he actual rulers that the nation is respcn-
sbt TO other governments, whether they have &C. |
CURED their authority By constitutional means or |
BY law!ess usurpaion. Ever while the matter is |
in controversy they assert the right Of foreign ma
tons 10 nerpose in The contest in favor Of the par
iy whom they SUPPOSE in good Faith TO have the |
better right; but The fact being established b. the
successful termination of The struggle, they have
ne farther right 10 iuterpose nor are they empow
cred 10 look beyond the mere fact o.; possession
This Is beyond all reasonable doubt The rule pre-
scrbed BY writers on public law, and the hume
rous instances in which il has been asserted and |
acted upon are familiar 10 every reader Of modern
history A NORTHERN WING