Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-12-12

ly TO the Governments of Texas and Mexico and
the latter rejected it. Santa Anna had from the
time of marching to invade Texas, ceased to be the
President of Mexico, and President ad interim
had been appointed, and was invested with, and
was then exercising, the powers of that office.
Santa Anna was only GeneraLin-chef, and also a
prisoner of war; One of the articles Of this ar
rangement stipulated that the Mexican army
should retire west of the Rio Grande, and this is
the only provision bearing upon the point of ces-
sion Of territory or boundary. Itneither attempts,
nor, by any terms which might have been adopted,
could il have settled boundary, or coded any of the
territory of Mexico. Because, first, Santa Anna
was but military commander before he was taken
captive, and could not as such make treaty to
bind Mexico. Secondly, if he was clothed with
such power, its total suspension ensued immed-
ately upon his captivity, and reverted to Mexico.
Thirdly, the arrangement itself provided for its
tiicaton or rejection by Mexico and Texas, and
Mexico rejected it. This is what President Polk
terms treaty made with Santa Anna in May,
1885, by Texas, in which I" he recognised" the
Rio Grande as her western boundary. 1t is diff
cult to decide whether the President blunders most
in his idea of treaty, in the statement of the
facts of the case. This compact between the pri-
soner Santa Anna and his captors had no effect to
divest Mexico of the country between the Nueces
and the Rio Grande, or to invest Texas with it (;
and yet it is the first beginning and the only foun-
dation Of her claim! Never before had she set up
any claim for any portion of the country between
the two rivers. In December .folioWing, indeed
her Congress passed an act to define the boundaries
ofthe Republic of Texas, in which the Rio Grande,
from its mouth to its source was declared to be her
western boundary. All the while, the whole country
on both sides of hatrver continued to be studdedb by
Mexican towns and cities, TO be held and inhabited
by Mexican people, to be governed by Mexican
laws and officers, and to know no others and mat
tiers SO remained until they were subyerted by the
invasion Of the American army. 1t is the extreme
Of absurdiy to say that this act of the Texan Con-
gress expanded her boundary to the Rio Grande.
Conquest and Treaty are the only modes by which
territory can be transferred from one nation to an
other. If it could be done by the mode adopted by
Texas, all her territory would now belong to Mexi
co. because Mexico has claimed housa nd times, il
every possible form, and still does, the whole
country known as Texas.
! These observations are equally applicable to ouI
acts of Congress, passed since annexation, estab-
fishing port of delivery at Corpus Christi, and .
post route or two west of the Nueces. This legis
lation did not interfere with the Mexican people
and authorities seated east of the Rio Grande But
| if our Congress had passed an act in the words o
the previous act of Texas declaring the Rio Grand,
to be the western boundary of Texas, it would nei
Their have strengthened the right of the United
States nor have weakened that Of Mexico. TIL,
question Of right would have been left just wher,
it was and as it stood before. Such is another o
the broken reeds upon which President Polk leans
| in this his great strait.
| But the President is so hard pressed that he ra
Their unwittingy, it would seem, quotes this lam
guage in reference to Texas, from the despatch of
our Secretary of State in 1912 to our Minister in
Mexico: Practically free and independent, ac-
knowledged political sovereignty by the prin-
cipal Powers of the world no hostile foot resting
acithinher Tsras territory for sic or seven gears
and Mexico hersefrefraining for all that period from
any further attempt to re-establish her own auho-
rty over that territory" &c. This is testimony
adduced by the President hmself and, although il
may prove that Texas was Independent, it estal,-
fishes concusively that in the judgment of the then
Administration, Texas did not extend to the Rio
Grande, or include all the Mexican towns and peo-
pie east oft, from Santiago along its whole course
to the cities of Santa Fe, Taos, and upward.
But the President in this Message protests that
he could not assume the responsibility of yielding
up the territory west of the Nueces to Mexico, or
refusing to protect and defend this territory and
its inhabitants, including Corpus Christi, as well
as the remainder of Texas, against the threatened
invasion" To which il is enough to reply that
General TAYLoR's post at Corpus Christi protected
amply every Texan settler west Of the Nueces, and
the President will not say to The contrary. Mexico
made military movementon that border until Gen.
Taylor was in full march to the Rio Grande Ii was
not until her own people and authority on the Rio
Grande were invaded by the army under his COM
mand that she prepared for resistance and to defend
them. The President was not required even by
Mexico 10 yield up any territory; but, of his own
will, and whilst Congress was in session, he march
ed our army into country where the military force
of Texas never had been but to be defeated he,
upon his mere authority, invaded country that
was and ever had been in the full possession of
Mexico, and expelled her officers and laws from it
by force of arms.
Thus began the War.