Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-05-19
VOLUME XLi[I.-NUMBER 6.


circumstances would no, be binding, because for
soolh, The government was 4 prisoner a, the tme2
How is a conquered nation ever 10 make peace,
Il The sentleman's doctrine is 10 preraill They
refuse 10 make peace before they are conquered,
because they hope for victory. They are incom-
pelen 10 Go so afterwards because they are in du-
re>s Surely an unfortunate and defeated belige-
rent would be in most lamenlable condition.
Too imbecile 10 resist, disarmet, conquered, still
incompetent 10 make l.ealy CT Fcace, and adjust
the matter in dispute on such fair ana equitable
terms as a maeAanimous foe shall propose be-
cause The war u acsrc, sion which they commence
cd has resulted fi,astroasiY, ard maze them cap
ives fear that il this doctrine shall prevail,
these gentlemen vii. soon hHd their Mexican
friends IL most pi,iab.e condition. PERHAPS, II
tina, government should be reduced 10 captivity.
these gentlemen would require that our armies
should retire within our own territory, and set the
government al liberty, before negotiations for peace
could be opened. This may be their view ofihe
subject, but doubt whether il is The view which
The American government or the American peo
pie will deem II their duty 10 act upon. Our crude
notions Of things may teach us that the city o
Mexico would be The most suitable place 10 torn
tfe"iy Of peace.
Mr. Adams. Has not that treaty with Santa
Ana been discarded by the Mexican government
since1
MIR. Douglass. presume it lias, for | am
not aware OF any treaty or compact which thai
Cover intent ever entered into that has not either
been violated or repudiacd b. them afterwards
And our treaty stipulalions with them furnish am
pie ground Tor this presumption. have not,deem-
ed it necessary TO inquire, therefore, what par
ticular acts of disavowa have been since adopt
ed by the Mexican government II is sufficient
fprtf hal he r.I ipfn
and sanctioned BY the government de Iac,o for the
time being. The acts OF government de factO
are binding on The nation as against foreign ma
lions, without reference To the mode in which
that government was established, whether by rev.
oluiioD, usuTpation, or righliIl and constitution
al means.
MIR. Adams. ! deny it deny the proposition.
Mr.. Douglass. do not intend 10 enter into a
discussion oil The law Of nation VITA the learned
gentleman from Massachusetts. | will only say
that | understand all writer's on the law OF nations
10 lay down he principle as have stated Ger
tanIy the practice and usa9es OF all civilized ma
lions sanction il, Of which history furnishes Us
inDumerable examples. Mexico herself was no.
thing but a government DE factO n'he strict legal
sense OF the term, atihe time OF the Texan revo-
luton. She had revolled from Spain in 1921
and mad successfully maintained her national ex-
islence; but her independence was not recognized
hy the mother country until December, 1856
YET We had recognized her existence as govern
ment dc fne'O in the meantime, and had entered
into treaties Of commerce Is well as oil bounda-
~. These treaties were made with the existing
government for the time being, whether consIi-
turional republic, a military ccspotsm, or dc
latorship. We never pretended 10 inquire INTO
the question whether The government had been
rl.htiuliy formed ornot; il was sufficient Tor our
purposes that il was the existing government &c
falto. So il was with Texas. She became indie
pendent de faetO in 1886, and We recognized her
independence as such Immediately afterwards;
and SO did England, France, and most Of the
great powers OF the globe All other nations
formed treaties with her as a government dc
facto, without inquirins who had been right and
who in the wrong in her revolutionary struggle
We purchased Louisiana from Napoleon, a
usurper al The head Of military despolism.--
Does the gentleman deny the validity OF the acts
Of The British Governnen during the times o
Oliver Cromwell because il was Il mere govern
meni dc tacto, established in blood in violation d
the British constitution Many OF the most i'm
portanl treaties, affecting the des,inies OF Europe
were made with the British Government during
that period. Who ever thought OF denying hei
validity because they had been MADE b. go
vernmenl dc faeto, which had been reared on tht
ruins OF The British monarchy? The doctrine o
the gentleman from Massachusetts is novel one
it finds no sanction in the books, and no ex
amples in history. The universal doctrine is
that The acts Of the government dc ;,ct0 are bind
ing upon the nation as againsi other nations
from The consequences Of which il cannot release
ii.el BY a subsequent revolution. IL is inmate.
rial, therefore, whether Mexico has, or has not
since Iepudiated Santa Ana's treaty with Tex
Ii b 1npfp N
authority She awaited herself OF all lis benefits
BY virue OF H. she saved The remnant Of her ar
my from total annihilation. Under ii she was
enabled 10 remove IN peace and security all her
soldiers, ctizeEs and property beyond the Rio del
None. The question is, had She a moral or le-
gal right 10 repudiate ii, after she had enjoyed
all lis advanias,sl But the right ofTeIas TO the
country West OF The Nueces does not rest on this
treaty and the preceding acts alone. She has had
legal possession of, and exercised jurisdiction
over il from that day 10 This. When the people
of Texas assembled in 1896, 10 form the consli-
tuition of The republic, the inhabitants residing
between the Nueces and The Rio del Nore had
their representative there. James Powers, a CT
tizen and resident Of that part OF Texas, was 4
delegate in that convention. Colonel Kenny, for
merry Il citzen ni my own State, has Tor many
years resided West Of The Nueces, and repre-
vas member OF The convention which formed
The constitution OF The State oil Texas, prepare
tory 10 her admission into the Union, ami is now
Il member Of the Senate OF iha, Stale. BESIDES
all these facts, Texas has had counties organ.
ised, and courts established there for years and
has successfully maintained her jurisdiction, moi
only against The Cumanche Indians, but against
all the maraudiDg parties that Mexico has been
able to send across The Rio del Nore.
There is still another item OF information
which can give the gentleman TO show that
Mexico has, al a recent date, recognised the Rio
del Noue as The boundary. The members of the
las, Congress will recollcct that much was said
in debate on The Treaty and resolutions .or the an
ncxatien of Texas, about an armistIce which had
been entered into between Texas and Mexico, for
Tie cessation OF hosli,ies. Tie proposition was
proposed and accepted; and in The proclamation
Of the President OF Mexico announcing lis
existence, the Mexican troops were directed 10 re-
tire from Texas TO the West bank o.! the Rio del
Norie, and did SO in pursuance oil that armislce.
Here we find clear and unequivoca recognition
of the Rio del Norle as The boundary BY Mexico
as late as lS43. What stronger evidence could
we have of the establishments OF boundary line
than this train OF facts, reaching back as lar as
1895, and all tending TO two points-first, that
Texas has always claimed the country West ol
the Nueces, and exercised jurisdiction over all
sections of it occupied BY her people-and Sc
condiy, that Mexico has, on all occasions, re.
coenized the Rio del Norle as the boundary!
Mr. Adams. | wish 10 ask the gentleman from
Illinois if the last Congress did not pass law re-
guialing commerce ana trade 10 the foreign pro-
vince OF Santa Re
Mr. Douglass. believe there was an act pass
ed re gula,ing trade between Independence Mo,
and Santa Fe. | do no, now recollect its exact
provisions Nor is il important, inasmuch as
that was before Texas was annexed 10 This Union.
or course Santa Fe was foreign 10 us that time,
whether it belonged to Texas or Mexico. But as
the venerable gentleman from Massachusetts has
called my attention 10 an act OF Congress which
he supposes bears upon the point a. issue, will
reciprocae The compliment by asking his alien
ton TO one for which he voted at the present ses-
sion. Will that gentleman inform Us why he
voted atthe present session OF Congress for bill
establishing collection district in Texas and in
it included The country Between the Nuece. an!
the del Noue, and in the bill itself provided Tor
the establishment OF port OF delivery west Of the
Nucces, and the appointment OF a surveyor OF the
port 10 reside there and TO superntend The eXecu-
lion OF the United States revenue laws over the
very country which he now asserts belongs TO
Mexico2 The present Congress has passed such
law Il snow in force over the country in dis