The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-14

constitution and the regularly established
give stability TO the power which he had usurped by the
sword he called Congress around him, composed of his
own adhetsnts and followers and had himself formally
Proclaimed Dictator Of the republic of Mrxeo and such
%s a s PSTe o. E si ia, snd @
for the purpose Of reducing those people into subsection
the deSposm which he had established and DISCRIMINATING
the last yesge Of freedom which remained in all his
ions While engaged in this work Of desolston witsre
and sword committing bGtcheres and baIbsrhss unnoV
TO civilized warfare he fell into the hands Of the heroic
houston and his gallant little army; captive TO those
whom he was striving to reduce TO captivity Then il
s' .ns grsa, became the suRPans ,upP9nt for hi.
his VICTIMS There the dictator bent the knee in prayer for
mercy Offering 70 recognise the Independence Of Texas
tered into In due form have already stated and the
Mesesns evacuated Texas in pursuance of its provisions
retiring to the west side of the RE Del Norte This treaty
iHo BY the Of Mexico de- aeto santa
Ana combining In his own person at the time all the pow
sfs Of the government and as such was binding on the
Mr. JOAN QUINCY ADAMS. / desire to inquire Of,6e
nusman from Illinois II Santa Ana prisoner OF
war at the time and in duress, when be executed that
Mr. DOUGLASS IN reply. Santa Ana was a prisoner Of
war the time and the entire Of Mex.
eo he being ths government de aets and clothed with all
erndeht vas prisoner a. me tsse ana IN dasss But Win
be oontsndsd thai that circustance rendered It's ob
oh the less oblsaoyi We now at war with Ms&ico
Our Lmies viii soon march into the heart Of that country
trust they viii penetrate far as the capital and capture
the army people and goyerumentmake them all prison
es oiwar and keep them IN duress until they shall con
elnds treaty Of peace and boundary with by which
they shall moi only Recognise the Rio Del Nos but such
other Inns we shall choose to dictate Or accept Wthe
gentleman from Massachusetts contend that treaty made
with US under those circumstance would be binding
because, Onoohi the government a prisoner at the
timel How conquered nation ever to make peace il
the genuemans doctrine is to PREVAIL They refuse to
make peace before they are they hope
Tor victory They incompetent so Afterwards
cause they IN duressl surely unfortunate aud de-
feated beligeren would be in most amenabs condition
Too mbecie resist dssrmed conquered s Petent
10 make treaty Of peace and adjust the matter In dispute
ON such lair and equitable terms as fos
ths uaF Of Whi thay
menced has resulted dsasrousy and made them csptyes
fear that this doctrine shall prevail these gentlemen wh
find their Mexican friends in most pabe condition
Perhaps II that should be reduced captivity
these gentlemen would require that armies should
liberty before negotiations for peace could be opened This
may be their view Of the subject hut doubt whether Is
the view which the American government or the Amer.
lean people will deem their duty TO act upon Our crude
notions OF things may teach US that the city Of Mexico
would be the most suitable place 10 form treaty Of peace
Mr.. ADAMS Has not that treaty with Santa Ana been
discarded ny the Mexican government sncsl
MIR. DOUGLASS, presume 1t has, for am not Of
any treaty compact which that government entered
that has not either been violated rrpudated by
them afterwards And our treaty StPulaons with them
furnish ample ground Tor this presumption have not
deemed necessary to inquire therefore what particular
OF dsavowa al have been since adopted by the Mexican
government II is sufficient for my purpose that the treaty
entered into and sanctioned by the government de
Jaeo for the time being The acts OF government dc tae
binding on the nation as against ioreign nations, with
reference to the mode in which that government
established whether by revolution usurPation rishtful
and constitutional means.
Mr. ADAMS. Ildeny i'll deny the proposition.
Mr. DOUGLASS, do not intend to enter into discus.
sion ofthe law Of nations h the learned gentleman from
Massachusetts, will only say that understand all writers
the law Of nations TO lay down the principle
Of all civilized nations SANCTION T. Of which history
| furnishes nnumerable examples Mexico herself
was nothing but government aeio in strict legal
sense the at the time OF the Texan revolution
She had revoted from Spain IN la2l and had successfully
maintained her national existence but her independence
recognisedby the mother couhtry until December
Yet had recogn missed her existence a
msn dc fcio in the meantime and had entered INTO tTes
tiaa of as as
made with the existing government for the time be.
ing whether constitutional republic military desPo
to the question whether the government had been right
fully formed not twas sufficient for purposes that il
the existing government de facto. So Il with
| Texas She became independent de facfo in 1896 and
We recognised her independence as such immt.
" he q na Sna
formed treaties with her government de f0eto without
nquring who had been right and who in the wrong in
revolutionary struggle We purchased Louisiana from
Napoleon usurpeT at the head of a military despotism
Does the gentleman deny the validity of the
British government during the times Of Oliver Cromwell
because Il government de taeto established in
important treaties affecting the destnes of Europe
made with the British government during that pc.
Rod Who thought of denying their validity because
they had made by government fncto which had
reared the ruins ofthe British monarchy The doc
trine of the gentleman from Massachusetts, novel
finds no sanction in the books and examples in his
tory. The universal doctrine is that the acts of the gov
de aefo, binding upon the nation against
other nations from the consequences OF which it
release itself by subsequent revolution II is mmaeria
therefore whether
ted Santa Anas treaty with Texas was executed the
time by competent authority She awaited herself OF all
from humiliation Under she enabled in
peace and security all her soldiers citizens and property
hey ond the Rio Del Norte The question is had she
moral or legal right to repudiate it, after she had en-.
joyed all its advantages But the right of Texas to
the country west OF the Nueces does not rest this
treaty and the preceding acts alone. She has had
legal possession Of and exercised juridctou over
it from that day this. When the people of Texas
bed 1886 to form the constitution of the republic the in
habtants residing between the Nueces and the Rio del
Norte had their representative there. James Powers
citizen and resident OF that part of Texas delegate
that COW enon. Colonel Kenny formerly citizen m
State has for many resided west of the Nuece
and that county the Texan Congress He
was a member OF the convention which formed the consti
tuition of the State of Texas, preparatory to her
sion into the Union is now member of the Senate of
that state Besides all facts Texas has had counties
organized and courts established there for years and has
successfully maintained her Jurisdiction not only against
the Cumanche Indians but against all the marauling par
ties that Mexico has been able TO send the Rio del
Nore.
There is st another item of information which can
give the gentleman, to show that Mexico has, a
date recognised the Rio Del Norte the boundary The
the last Congress will recolect that much was
said in debate on the treaty and resolutions for the
ton Of Texas abont an armisce which had been entered
into between Texas and Mexico for the cessation Of
ties. The proposition proposed and accepted and
the proclamation OF the President Of Mexico announcing its
existence the Mexican troops directed to retire from
Texns 10 the west bank of the Rio Del Norte and did
pursuance of that armstice Here find clear
qnYoca recognition OF the Rio Del Norte the boundary
by MEXICO as late as si3 What stronger evidence could
of the establishment Of boundary line than this
ponts-frst that Texas has always claimed the
country Of the Nueoes and exercised jurisdiction
all con OF it occupied by her peoples and secondly
Mexico has all occasions recognised the Rio Del Norte
as the boundary
Mr. ADAMS wish to ask the gentleman from Illinois
1.-THE last Congress did not law regulating
and trade to the foreign province Of Santa Fer
MIR DOUGLASS believe there act passed regrr
latng trade between Independence, Missouri and Santa
Fe do not recollect its exact provisions Nor is
it important inasmuch as that before Texas was an
nexed to this Union or course Santa Fe was foreign to
at that time whether belonged TO Texas or Mexico
But the venerable gentleman from Massachusetts has
called my attention to act of Congress- which he sup
poses upon the point issue will recprocate the
compliment by asking his attention to for which he
voted at the present session Will that gentleman inorm
us why he at the present afCongress for bill
establishing collection district in Texas aud 10 it ncud
the country between the Nuece and the Del Norte and
in the hill itself provided for the establishment Of port of
delivery west Of the Nueces and the appointment Of
veyor the port to reside there and
of the United States laws over the very
country which he asserts belongs to Mexcol The
present Congress has passed such law in force
the country dispute and the gentleman from MAJ,
sachusets mir. AD.ss and If my recollection serves
mo right every gentleman Of this House who is
denouncng the presidentlor sending the army there
voted for that law. My friend from Ohio who sits
me says that the gentleman from Massachusetts made
which escaned NV racnectior