The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-01

and the republic OF Texas. entered into 1885, which
sjes to the treaty between Mexico and the United States,
made in 1885, and declares the obligatory Texas
has been relied To sustain the title OF Texas III the
present controversy. The treaty with Mexico Of 1928.
in respect 10 boundary. reafrms the treaty with Spain
the subject made IN 1879 This treaty likes the
boundary between Spain and the United States west OF
the Mississippi, upon the Sabine river, from mouth TO
the 32d deg north latitude thence due north TO Red
rvsr thence up !he same 70 the Tooth deg west oag
Jude thence north 10 the AI kansas river thence up the
same TO the AID deg OF north atude and thence west
to the South Now the convention entered into with
Texas in 1888 only acknowledges that The treaty OF limits
with Mexico is binding upon the republic of Texas, the
same having been entered into al time when Texas
formed part OF the United Mexican States" The
venuon alter the preceding recital proceeds IN two ar
cles nrs to provide Tor running the line from The
mouth OF the Sabine TO Red river by commission
ers, who were 10 meet in New Orleans in twelve months
from the exchange OF the Publications of the convention
and, second 10 provide for running and marking the
..,alning portion OF the boundary line at such time there
after might suit the convenience of the contracting
parties. The second article provided also that, un the
line from the Gulf TO the Red river rum each party
should continue to exercise jurisdiction in all territory
over which It's jurisdiction had heretofore been
csed. This convention did not from beginning to end
say word about the boundary Of Texas on the side of
the Rio Gsande as between her and Mexico. II would
have been preposteous Tor the United States TO have
entered into any stipulation with Texas, that date
such subject The convention does no., say how much
more OF the boundary line after running it to Red river
should thereafter be run and Marked where il to
STOP Under this convention Texas may Just well
claim to the Pacific or South to the Arkansas
The truth ls when this convention was entered into,
Texas was at war with Mexico and it is manifest that
the indefinite provision In respect 70 running the remain
ing portion OF the line thereafter intended embrace
that portion OF the boundary OF Texas Red river which
properly belonged to her. and about which there could be
no contest, and any ADDITIONAL extension o boundary TO
which she might by conquest and The events Of the war
become entitled She made no conquests on the size Of
New Mexico and how the recital that the treaty with
Mexico was binding upon the republic OF Texas" can
have the effect TO extend her territory to the Rio Grande
seems to me singular conception for sound mind
i has also been commended that the acl OF Congress ap
proved May 49, 1916 providing for the prosecution OF the
war with Mexico admits the title OF Texas to the Rio
rande BY necessary inference There is IN that statute
not word about Texas her territory There a no.
orous preamble to se &C, in these Words Whereas,
by the act of the republic Of Mexico state of exists
between that government and the United States" Were
an erpunger should 60 Tor drawing black lines around
this preamble What act Of Mexico. caused the existence
OF the war; The statute does not inform affirm
that was the unconstitutional conduct OF President
Polk, IN causing an army OF the United States to march
into and take possession of Mexican territory that caused
the war; and this endeavored to prove in speech de-
vered upon this floor the 10th day Of February, ls4s
speech II ia certain that the statute of S46 does de-
ine the particular act OF Mexico which caused the
II we look into the Presidents message Of December 2,
1885, and also that OF The llh May ls46, recommending
Congress TO recognise the existence of and to pro-
vide Tor It's energetic prosecution, shall find various
acts OF Mexico enumerated which, in the opinion Of the
President, justified us in making upon Mexico. Ia
the latter message he says: Had acted with vgo in
epelling the insults and edIesslng the Injuries inflicted
Mexico at the commencement, should doubtless
have escaped all the difficulties in which IN
volved" The notorious preamble does not discriminate
between these various insults" The suth is, that the
President the 18Th January, 1885, ordered General
Taylor to march from Corpus Christi to the Rio Grande
On the llth OF March following the army moved and
the 2Sh OF the month arrived the left bank OF
the no Grande or del Norie, opposite to Ma.amoras
This was an act OF invasion and war upon territory
then IN the actual possession OF Mexican citzens Il
was considered by tine Mexican officers. Whether
hoslles existed by the act OF Mexico or the unconsti-
tntona act Of Mr. Polk, late President OF the United
States, both combined, how is the title of Texas 10
New Mexico Affected the one way the oher by such
act! Suppose concede that American blood shed
on American soil" in The vicinity OF Malamoras, within
what constituted al time portion OF the territory OF
the Mexican State OF Tamaupas does that allow any
rational inference in favor OF the Texan claim to Santa
Fe, situated at distance exceeding thousand niles
Ii should be remembered that Tamaulpas separated
from New Mexico oy the intervening States OF Coahua
and CHIHUAHUA both of which occupied portions OF the
east bank OF the RIO Grante. How the breaking OF
war IN ramauhpas no matter by whose act, prove
title 10 New Mexico, any more than can TO Yucatan or
Patagonia, cannot perceive
has been gravey commended that the United States
esopped 10 deny the title OF Texas 10 the Santa
Fe country An esoppe is defined to be ian impedi-
men bar to right OF action arising from mans
act" II is said TO oe of three kinds, viz by matter o
record. matter IN wraing and matter pas. Where
by either OF these modes, man has wiliuy and know
ingy committed himself to fasehood, becomes sound
policy, both for his punishment and for the
aud safety OF others, that he shall be estopped TO aegt
speak the truth contrary lis deliberate act
I
designed 10 furnish rule To govera individual transac
tons to the political affairs of nations and especially to
those OF republics But let yield the point, and
that IL is applicable | then call for the record the
rr,tng, matter IN pas, which estops the United States
and prevents her denying the uue OF Texas 10 New Mex
ico. Show me how the mouth OF the nation has beer
| shut so that II should not speak the truth
Allow me TO cluster together various matters relied
establishing the estoppel, and TO reue the whole a
once.
The instructions given by the Secretary of War Gen
eral Taylor dated June Is, lsa5, which II said
"lhe point of your ultimate destination is the western
frontiers OF Texas, where you will select and occupy
the Rio Gfande such site will consist with III,
health OF the roopsp &c, and the declarations made by
rMr Donelson, our minister pending negotiations with
Texas and the declarations OF MIR TrIst, pending III,
negotiations with Mexico relative to the limits OF Texas
and the stump speech of Gen Keamy to the people
OF Santa Re, together with all the declarations made from
time TO Tune, in bis various messages TO Congress anc
otherwise by President Polk favorable TO the title
Texas constitute the matter OF estoppel generally relied
on.
Now, SIR the allacy OF all this consists in concedng
right 10 the President has Ministers his secretaries his
generals--those who acting under his orders in
hucnce-to decided territorial question, and to make the
decision binding upon the United States deny that The
President, or any Of his subordnaies IN the executive
! branch OF the government, possesses particle OF
horty 10 settle The disputed boundary line of State
OF Territory OF the United States, except that which
may grow out OF his treaty making power Sucn decla
rstons and expressions OF opinion regard to titles and
boundaries by the officials OF toe executive department
may be entitled 10 the respect which their stations
general intelligence calculated 10 generate but tina
they operate estoppes, obligatory edIcs, SC
bind all the Coordinate departments, politica
ed BY written constitution, which divides the powers
gov MI