New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-01-19
BY GREELEY & McELRATH.


the Unauthorized act Of the Presden, in taking pos
session OF territory 70 which this country had no II
| te-io which Congress had not authorized him q
make clam, and against making claim for which
they had warned him by the very terms Of the res
Ol0tiOn Of annex alton.
Sir. ny colleague has gone fully INTO TINS ques
ton and have no doubt that be thought be mad
demonstrated the correctness Of his position. bat
he took good care not % mention the Mexican claims
as being the cause Of the war. He did not consider
that they were the cause Of the war. however much
the President parsded them in bis messages
Mr. JoHSsoS-I never thought they were
Mr. PEARcE-B1E he put II upon the ground tina.
this Government was bound - vndicate its title
to the territory up 70 tue Rio Grande, and he cites
a variety oliacts which, as he THINKS belong 10 the
consideration ofthis question, and which In his opn
| ion are conclusive. Well now ! think that the
facts which he has cited--some of them a,
lesstdO not belong 20 the consideration Of the cues
ton. and that neither one nor all OF them are con-
elusive i think i can demonstrate this. and that
can show on the other side facts which are strong
as chains o. adsmant. pass over that part Of his
speech 10 which my colleague speaks Of the revolu.
ton Of Texas. Nobody doubts the gallantry Of
those citizens Of Texas who achieved their indepen-
dence Sir, far their galantry Is concerned or
their spirit Of heroic adventure their bold and dar
ing exposure Of life, believe there is nothing 70
surpess it. Nobody questions their right to revolt
from Mexico, 10 establish an independent Govern
ment, and to claim all the territory over which they
could extend and enforce their jurisdiction. But my
colleague says
"The boundaries Of Coahuila and Texas these De
pertments laid of into State by the Constitution
~ H. the Nueces running for upward Of one hundred
miles up that and then by line from hat
point tbs RIO Grsnds The territory below that line.
between the Nusces and the RIO Gande, part Of the
state OF Tamaupas Tsmsuipas granted various ia.
diyicuRs BY what called coonygrants, under which
many settlements were msde"
make 10 objection to this statement, Sir only
desire TO add something to it, tomake il a little
more specific. Inls2i, the Departments Of Coshuila
and Texas were united, without change OF their
former boundaries, provlslOnally as one State-It
being understood that when Texas had strength
and population enough, she should be made seps
rate State.
The United State Of Coahuila and Texas ran
across the Rio Grande, but the boundary OF Texas
proper never dd-her limits stopped az the Nueces.
Ny colleague went on TO refer to the treaty 10
which Santa Anna was party at the time be wss
prisoner In Texas and be relied upon the author
ty Of that miscslled treaty as conclusive.
Sir, my colleague is a distinguished lawyer he
stands at the mead of his profession in Mary land
and that is praise enough for any man. lie is the
successor Sir, Of Martin, Pinkney, and Writ. and
wears their meutle gracefully Bat | must ex-
press my utter astODishment at hearing from him
that this miscalied treaty between Santa Anna and
the Texas authorities is conclusive the question
OF boundary. Why, Sir, it was no treaty at all
Santa Anna was a prisoner and II he had rot
been, we all know that the constitution Of Mexico
contains a provision--that when the President Of
the Republic is at the head OF the Army, bis civil
functions cease. He was In captivity and II he
had not been he would have had 10 authority 70
conclude treaty under the constitution OF has cOun
Try, which is like our own IN that respect
treaty, when signed, requires ratification by the
Senate and treaty made by Santa Anna was OF
more value than blank paper. IL might nave
had q moral obligation as far as he himself was
concerned, but II had not even a legal obligation
upon himself, having been extorted ia duress.
Mr.. FoorE-Wi the Senator allow me 10 inquire
whether be refers 10 the Constitution OF 1924
MIR PEARcE-Wil the Senator have the kindness
20 inform me whether there any other Const
tuition
Mr.. FoorE-The Senator can answer my inquiry
or not, as he peases.
Mr. PEARCE-I am not furnished with any iniOr-
nation as to any new Constitution | believe there
was none. The Constitution of 1924 was said 10 be
overthrown because its federal character was abol
shed and the central form substituted IL was not
abolished in the whole but only changed in part,
and therefore this provision remained full force.
II il were not so. and the whole Constitution were
destroyed, then Santa Anna had no constitutional
power at ALL and could in no manner bind his coun
Try.
Mr. JOHNSON of Maryland-Where do you read
froml
as and the Texans" which understand to be the
production of the Senator from Mississippi and one
which have read with great pleasure,
"That the President Santa Anna his official character
Filisola Don Jose Urea Don Joaquin Ramres Ses
and Don Antono Gaons chiefs Of armies do solemn
y acknowledge, sanction snd raty the full entire, and
perfect independence Of the Republic OF Texas with such
boundaries hereafter set forth and agreed upon Tor
he And they DO solemny and respectively pledge
themselves with all their personal and official attributes
q
lion and 0DfmsiOn OF this agreement and all the paris
thereof by the proper snd legitimate Government Of Mex
CO by the INCORPORATION of the same solemn and
perpetual treaty of smiy and commerce 10 be nesot.eo
with that Government al the City Of Mexico BY ministers
pen poieptary TO be deputed BY the OF Texas
for this high purpose"
Why, say, upon the very face Of the instru
ment itself, il was not treaty twas nothing else
than the personal obi CATION OF Santa Anna. Now
allow me to call the attention of the Senate 70 the
opinion Of Gen Lamar. | understand that Santa
Anna was prisoner in the hands OF the Texans
and that they were celebrating whether they
should shoot him la Mexique, try him for offences
against the laws of civilized war. or send him back
70 Mexico. Now. what says Gen. Lamar, In the
paper addressed by him to President Burnett
Mr. JoHNsoN-What is the date of that letter.
Mr. PEARoE-It is a letter from General Lamar
the Secretary of War of Texas, 20 the President
and Cabinet of Texas, and dated 18th May, 1886;
What good can they hope 70 result from an
extoited treaty. General Santa Anna is our prisoner OF
and such, may be ready 70 enter lno any agree
me ut hich ehts may require senshness eN
act but, when restored 10 liberty and power VIII NJ feel
aDy Obligation TO comply with terms which he had no
aseucy in debating What he assenis 10 while sons
he nav reject when freeman lndeed, the idea Of treat
Ing with man IN our POWER who views freedom In &C
quescence, and death In opposition, seems u me more
worthy OF Tidicule than refutatoa. WIN me,
uch peog es are lighter thaA the mconshnes wAlefy
b-smi trus them ! would dicers OATH but, IN
de pendent OF this consideration, II may be very well
aonled whether Anna, with every disposition 20
uiall any agreement which he may enter into, wl
on his return Mexico, have the power to do u IL was
public opinion which drove him into with Texas ana
The same public sentiment his arrival az home az
Keep him the attitude Of syoweS II not OF setus nos
uhty 70 this country. The advantage proposed
be gained om his imposed or probable integrity can
not OF consequence be realized, even with every willing
aess on his part 10 redeem his pledges doubt not IN the
least that the Of his defea' and nprison
feut 81 te foanfed within the walls Of Mexico thai
instant vii he lot al his agthcy In the land IS he has
an- since Lost the affections Of his people he wu De
rowcrles eifher for COED ILL., a therefore ceeicedy
opposed to al negotiation arrangements with HIM nisi
ecause he prisoner and not free 10 act secondly De
cause no 10 fiihless and unworthy Of eorhaence ana
thirdly because Of the great eertAinty OF his insny 10
lulhl bis premises, even with The desire 70 DO H.
Well but my colleague says that Texas fulfilled
the contract on her part Gen. fllisoia accepted
IL and marched his men back IN the Rio Grande, &c.
~ t.erft. fraaf u