Weekly national intelligencer., 1848-01-22

as Nobody doubts the gaanly Of those citizens Of Texas
who achieved the Independence Sir as far as their galan-
try is concerned their spirit Of heroic adventure their bold
and daring exposure of life believe there nothing to
pass it. Nobody questions their right to revolt from Mexico
TO establish independent Government and to claim all the
territory which they could extend aud enforce their rs-
dcton But my colleague says:
"The boundaries of Coahua and Texas, these depart
laid off into State by the constitution of 1924
was the Nuece running for upwards OF one hundred miles up
Rio Grande. The territory below that line, between the
Nueces and the Rio Gande part OF the State OF iamau
pas Tamaulpas granted individuals by what
called coonyans under which many settlements were
made"
make objection to this statement sir only desire 70
the Departments of Coahua and Texas were u..a uhon
change OF then former boundaries professionally as
being understood that when Texas had STRENGTH aud non
Tie e1aansaR ansaR sAthhs Athhs should be made separate State
Grande but the boundary of Texas popJ the Rio
limits stopped the Neces My colleague went on to refer
10 the treaty which Santa Anna party at the time he
was prisoner in Texas and he relied upon the authority
4 that mscallcd treaty conclusive.
Sir, my colleague is distinguished lawyer he stands at
the head OF bis profession in Maryland and that is praise
enough Tor any He is the successor, sir of Martin,
Pnkney, and Writ and their mantle gracefully. But
must express my utter astonshment hearing from him
thai this miscaed treaty between Santa Anna and the Texas
authorities conclusive the question of boundary. Why,
sir il was no treaty at ALL Santa Anna prisoner and,
II he had not been all know that the constitution OF
Mexico contains provision that when the President of the
Repubic at the head Of the army his civil functions
1 III
had authority conclude treaty under the constitution
of his country, which is like in that respect A
treaty when signed requires ratification by the Senate and a
treaty made by Santa Anna of value than blank
paper II might have had moral obligation far he
himself concerned but it had legal obligation
upon HIMSELF having been extorted by duress.
] Mr.. FOOTE. Will the Senator allow to inquire
whether he refers to the constitution of 1924
Mr.. PEARCE Will the Senator have the kindness to
inform me whether there was any other constitution
MIR. FooIE. The Senator can answer my inquiry or
not, as he plesses
Mr.. PEARCE 1 am not furnished with any information
as to any new constitution believe there The
constitution OF 1924 was said to be ovehrown because its
federal character abolished and the central form substu
ted 1t not abolished in the whole but only changed in
part and therefore this provision remained in full force If
So and the whole constitution destroyed then
Santa Anna had constitutional power all and could in
| no manner bind his country.
Mr.. JOHNSON, of Maryland. Where DO you read from
/ Mr.. PEARCE. read from n work entitled "Texas and
the Texans which understand be The production of the
Senator from Mississippi, and one which have read with
great pleasure.
"That the President Santa Anna his official character
as chief of the Mexican nation and the Generals Don vi
Fsoa Don Jose Urrea Don joaquin Ramres Ses-
and Don Antonio Gaona chiefs armies do soemny
acknowledge sanction and ra the u entire and perfect
independence of the Republic of Texas with such boundaries
hereafter set forth and agreed upon for the And
they do eniny and respectively pledge themselves with all
their personal and official attributes procure, without
lay, the final and complete ratification and confirmation Of
this agreement and all the parts thereof BY the proper
legitimate Government OF Mexico, by the Incorporation of
merce to be negotiated with that Government the city
Mexico, by Ministers Penipotentary be deputed by the
Government OF Texas for this high purpose"
Why say, upon the very face of the instrument itself
was not treaty 1t nothing else than the personal OBJ
laon of Santa Anna procure the adoption Of such
treaty by the egtim tie authority. Now, allow call
the attention OF tue Senate the opinion Of Gen. Lamar
understand that Santa Anna prisoner in the hands of
the Texans and that they deberating whether they
should shoot him aaMexique try him for offences against
the laws OF civilized war, send him back Mexico. Now
In fban
sdent Bune
Mr.. JOHNSON. What is the date Of that letter.
Mr. PEARCE. II is letter from Gen. Lamar, the Sc
cretay of War Of Texas the President and Cabinet of
Texas, and dated 18th May, 1886
What good they hope from an extorted trea
y Gen. Santa Anna prisoner Of war, and such may
require seshness but when liberty
and power VIII he feel obligation comply with
whisn ne naa no agency IN octang What he asens TO
idea OF treating with in power who freedom
in acguieeence and death in opposition
worthy OF ridicue than refutston. With me- such
pledges lighter than the 'moonhine's waery
trust them as would dicers oahs But independent of
this consideration be well doubted whether Santa
Anna with dispoton fulfil any agreement which he
may now enter nto will, his Mexico have the
power do it. II public opinion which drove him into
with Texas and the public sentiment on his arrival
at home may keep him in the attitude 0. ayowed il not Of
sed be gained from his supposed probable integrity can
not Of consequence be realized with willingness
his parto redeem his pledges doubt in the least that
sounded within the walls Of Mckee, will be lost
all his authority in the land he has long lost the
affections of his people He will be powerless either for
good ILL., am therefore, decidedly opposed all neeo-
ta:on arrangements with him first because he is pri-
soner and not free to act secondly because he is ahcss
and unworthy confidence and thirdly the or
certainty OF his inability to fulfil his promises with the
desire 10 do it,"
Well but my colleague says that Texas fulfilled the con-
tract on her part Gen. Fisoa accepted IT, and marched his
back to the Rio Grande, &c. So he did but that did
constitute treaty, Gen. Fisola not being the aifying
power.
II might have been appeal to Santa Annas honor il
undoubtedly but treaty had no obligations il
treaty made by captive, and ratified by runaway
and take it, sir that validity will he ascribed to il by any
fair who understands the facts
My colleague next relies, sir the action Of the Texan
Congress regarding the boundary Of the State and says that
they passed law describing the Rio rande the boundary
should like to know how the Of the Congress or
Legislature Of any country authorize the fixing their
boundaries where they please put them on paper how the
declaration OF any Congress Government can make right
authorize claim in such Il can do nothing more
than assert claim, and venture TO go little further, and
say that presume that in the Of Texas was not done
bona fde They did deem that they were to take in
Santa Fe, or any Of the valley of the Rio Grande They
claimed great deal of territory in order TO part
Sir, do not make this statement from any personal know
ledge that have but will refer the authority Of an hon
orabe Senator here and beg leave 10 read from speech
made by the honorable Mr. Ashley the second session Of
the 2sth Congress: