The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-06-27


In Senate, June a, le44-ln secret session on the
treaty for the annexation Of Texas TO the United
States
CONTINUED.
How stood the facts then to details Mexico
though revolutionary, and with internal disturbances
under Spanish supremacy between the Creoes and
others, from 1910 TO 1921, yet never sought nor ask
ed independence of Spain and both parties wed in
loyalty to her, till lturbides detection and the de-
claraton of independence, made at Iguala, Oath Fee
bruary, 1914 State Papers, SiS, 1885, and !
Eootis History, "a, SO, go The troops and power
of Spain were driven from the capital and most of
the cities during that year. but the castle of Ulloa,
at Vera Cruz, continued in the possession of the
Their country, when we recognised her independence
in 1922, and when we first applied TO re-purchase
Texas in 1925, as extending to the Rio del Norte.
The constitution Of Mexico admits that her pen
dence commenced till 1921, being "gipen in
.MsricO October, 1924 fourth year Of independence ~
e Kennedy, 443 Yet in only one year after the
adoption OF the cOnstitutionony four after her in
dependence declared, and but three after It was
recognised by US, all short of what prevails in Texas
now--Messrs Adams and Clay thought she had the
de jure right to cede territory to us, without asking
the consent of SPAIN and without needing the adop-
ton of any war then existing.
How could that be leg innate, If Texas, after be-
ing an independent State near twenty years, and
parated from Mexico eight years, cannot be al
lowed as de jure competent 10 negotiate for selling
her territory without the consent of Mexicoi Like
lacts Apply 10 1873 and uiey are appealed u low
not for aunt or recrimin ston, but evidence that
the ablest minds then, and the most experienced d.
plomatts, had entire confidence that such cession
is now before us could be accepted with propriety
and INDICATED before the morality, religion, and law
Of the whole civilized world.
The only other differences mater ia to the argu-
ment are, that in 1926, Mexico had been recognised
by not half SO many other nations Texas has now
and had maintained her independence foe only about
half as long period and that the revolution in
Mexico was then progressing not in all respects
fnlshed-her independently unsettled not frm-her
soil invaded and occupied by her enemy, not free
from hostile ieet-her laws despotic, not lberal-her
people agated by internal broils and factions not
united or peaceful; and Santa Annas government
much like what Bolivar considered his in Peru-noi
settled, but camp; for (sad he) my adm nistraton
only be called campaign" "A fort ori, then, can
Texas code now de Jure, If Mexico could then But
another difference stll pc entail IN lis influence
rather than argumentatise IN force is, | admit that
nobody then stood behind Spain to back her up
while now we see, or seem TO see, the shadows
of England's thousand ships of war in the wake of
Mexico, and hostile 10 success flom other
causes too deeply well known to need recapitula-
ton.
What do gentlemen on the other side, as LAWYERS
AM pubclss, hold the true doctrine on this sub.
ect of de Jacio and de jurs governments Let us be
plain and explicit with each other Was not Crom.
wells Protecorate, after established and recognised
| by other powers, de jtue as well as de facfo 90
yeTnment IN respect to them And could he not le-
galy have ceded territory, well received ces-
sons until the Stewards and their parsans renounc-
ed their claims Did foreign powers treat with hun
or with the exiled familyi So with Napoleon was
he not de jure as well de Jaoo emperor as to the
rest Of the world until the Bourbons ADD their part
sans should recognise him. Was he ACKNOWLEDGED
| and treated with, or Louis the 18th in Punishment
Neither he nor Cromwell was ever able TO transfer
territory and impose obligato either England or
France, by the doctrines the other side though all
history and national law have settled the fact the
10Th. a.. 4.
Miguel, when in power de faeto and others that of
joseph Bonaparte in Spain, and even Of Louis Phi
lippe, now IN France but were they, aud are they
not all, regarded de jare to make and receive ces
sions while in power, and acknowledged by other
nations, however soon most OF them, well as Crom-
well and Bonaparte, became dcthronedl
But the senator from Massachusetts saws there are
three stages in reaching de jurs power. First re-
volutioni second recognition by others and third
ly, acknowledgement by the old authorities or an
utter abandonment by them Of their claims But
neither such acknowledgment nor such abandonment
took place by the Stewarts as TO Cromwell, or the
Bourbons to Bonaparte; and yet their acts have
h juoe bound both IN England and France as to all
otner nations.
1t is just so as 10 a revolution like Holland Next
CO. or the United States, or in view Texas; SEN
arating portion from the old government and form
Jog OF new one, and declaring its independence
Does nothing but the acknowledgment of the parent
power, an utter abandonment Of its claims enable
the separated and independent portion TO perform de
jre acts a nation and bind s people and acouire
rights fr them Of the rest of the world as if de ,fr,
I government Certainly. Certainly Holland Mex-
CO. and the United States, ALL well as Texas have
claimed TO be d, Jure long before such acknowl edg
ment or abandonment. Holland dated her indepeo-
dence seventy years before Spain recognisedit
Our independence dates from 1176 and not It's re-
cognition by England in l7S3 SO that of Mexico
from 1921 and not 1896 its recognition by Spain
So Belgium, from 1880 and not afterwards when
recognised by Holland. And so does Texas from
, 1886, and not any future period, when Mexico may
admit IT,
! All of them have acted on such a claim before
recognition by he parent government as right and
our assumed power to resist oppression and estab-
J sh new forms Of government, without the consent
OF our oppressors, Is mere yspor, and the American
system baseess II that assent express or implied is
necessary 10 make acts to the rest of sa nk,pd
de jre. Popular governments are NJ yer inclined Ia
such nice distinctions, especially when these are un-
friendly to popular rights. But admit that the re-
cogniuon OF a new government, the second stage
In The gontlemans growth to dc j,ps condition does
not require other nations to go farther unless they
please, and depart from neutral position or by any
act not required by public duty become exposed 10
actual war and that IL has been CUSTOMARY with
oiher nations, including ourselves not to 20 any IA
ther.l4 State Papers $40 siS) hut this grows out
Of the absence of any mot,r usually to go farther
and out oithe pendency OF belligerent State be.
tween the old and new nation, in which we might
become uselessly involved and not from the faot
that the new nation Is not, de ure well as do fofo
sovereign power as to all other nations and as such
competent de Jurs 10 do all which ether beprrepts
may. Herein lies tho or fslacy Of the reason
ing on the other side. Martins Law Of Nat ons.
| II, substantially confirms these views, by holding
that II government Is established d, faoto, forign
powers have no right to ssy Is not one d, jur.