The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1846-06-09
SPEECH OF MR.. GARRETT DAVIS
OF KENTUCKY,
Concluded.

How, then, did Texas become to be ex-
banded TO the Rio Grande? Santa Anna
was captured in the ever memorable battle Of
San Jacinto. which WAS fought on the Dist
of April, 1896; and, on the 18th of May,
whilst prisoner, made an agreement, not a
treaty, with the authorities of Texas, in
which it was stipulated, among other things,
that 'hosilities shall Immediately cease, by
sea and by land, between the Mexican and
Texan troops; and the Mexican troops
shall evacuate the territory ofTexas, passing
to the other side of the Rio Grande dclNorte.
This agreement cedes no country to Texfs
nor does it establish or recognize the Rio
Grande as her boundary. On the contrary
its fair construction is, that the Mexican
army were TO do something more than TO
evacuate the territory OF Texas, and that was
10 pass to the west side of the river. But if
it had in the most explicit terms coded to
Texas the territory up TO the Rio Grande,
or had acknowledged that stream TO be her
western boundary, it would have had no va
lidity whatever, because Santa Anna was
thenin durence, being prisoner of war and in
the power of the other party. Again, acting
by himself as President Of NJ exico. if he had
been possessed of freedom, and in hercapi
iol, he had no power, without the advice and
consent of the Mexican Senate, TO make a
treaty of cession, or of boundary, or any form
Of treaty. And if he had singly possessed
his power, as President of Mexico, it, and
every other power which he SO possessed,
would have reverted TO his country upon his
becoming prisoner Of war. The notion
that he. in stale of captivity. still retained
power to cede part of the Mexican terrific
tn, naEa IN
her Government, is too absurd TO demand a
serious answer. Mr.. Madison had well-nigh
been captured in this city by the British army
during the last war. Suppose such had been
his fate, and whilst a captive, he had made an
arrangement, or treaty, cedine TO the English
Government Washington city; suppose he
and The entire Senate had been made Prison
ers of war, and both together had made such
compact. what would have beeu lis effect
Nothing: literally nothing. Such acts be-
long to the political, sovereign power of ma
tion aud, when the persons in whom are
vested its exercise, become the captives OF
foreign enemy, it reverts ipso facto to other
officers, or 10 the body Of the nation. Mex
leo at that time had Vice President. Gomez
Farias, upon whom the office of President
devolved upon the capture Of Santa Anna /;
and he, acting with the Mexican Senate, de-
clared this arrangement 10 be void, and to
create no obligation upon Mexico: and no
argum emf can shake that position. So much
Of the invading army of Mexico as had Do'
been taken by the Texans, and a small num-
her of Mexican people who Inhabited this dis
tant border. under their alarm, did, IN confor-
nifty to this arrangement. pass override Rio
Grande but in its terms, or in its execution,
it was never recognized, and has always beep
repudiated by the Mexican Go vernmeuf.
On the 10Th day of December, 1886, the
Texan Congress passed an act in these
words:
BE it enacted, Sc, That from and after the
passing of this act. the civil and political Ju-
risdctlon OF this Republic be and is hereby
declared To extend to the following bounda-
ries, TO wit: Beginning dt the mouth of the
Sabine river. and running west along the Gull
of Mexico, three leagues faom land, to the
mouth of the Rio Grande, thence up the
principal stream of said river TO its source,
| thence due north 10 the forty-second degree
| of north latitude,' &c.
Did this act OF the Texan Congress in fact
and validity extend the limits Of Texas to the
Rio Grande from It's mouth TO its source, a
distance Of more than two thousand miles
At that time the Mexican States OF Tamau
lipas, CoabuIia, aud New Mexico, extended
east of the Rio Grande considerable dis
lance, and to the ancient and true western
boundary Of Texas. The portions oflhese
provinces between the Rio Grande and Texas,
and stretching the whole length of that river,
comprehended many thousands Of square
miles, the capital ofNew Mexico,( Santa Fe,)
the larger Taos, many other small cities,
and towns and a Mexican population about
as large as the aggregate to Texas. All these
cities, towns. and people were governed by
laws and subject to the unquestIoned domin-
ION of Mexico. Texas then made no con-
quest of Them, no subversion of the laws or
Jurisdiction Of Mexico, not even an invasion:
After the passage Of that act things renamed
Just as before the power Of Mexico having
The same uninterrupted sway, an no attempt
TO suhvert It and 10 introduce that Texas
The position that this act Of the Congress oil
Texas brought the country and people be-
tween her proper boundary and the great