Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-06-24

her annexation to the United States; and that as
sertion-l ask that it may be observed-was not
confined to this declaration in convention, but was
made and affirmed, with arms in hand, in the face
of her enemy, after the battle of San Jacinto. 1t
was repeated in what was denominated the treaty
between Texas and Santa Anna, the Mexican
commander-in-chief, and the President Though
not the acting residenD of the Republic of Mexi-
CO. That document is referred to, let me say to
the Senate, not because as a treaty it was valid
for its invaldty was manifest on its face, and it
was, moreover, ascerained by the fact that it was
negotiated with captain-general: no, sr-it is
referred to for another and very important pur-
pose, namely, to show that this early assertion of
boundary by Texas was not limited to her legisa-
tive declaration; that it was made t9agrante bello
with arms in her hands, and in the presence of
her enemy. This was in 1886; the war CONT
nued the armistce which had been entered into
by Mexico and Texas was suffered to expire; and
their hostile relations were Of course reestablish
ed. Such was the state of things when Texas
was incorporated into this Unon-adopted, cum
o1lere, with the war which she was wagng. She
was then sovereign State, having separated from
Mexico she had declared her independence ; had
manifested her capacity to make good that decla-
ration by force of arms, and had still these arms
in the hands of her soldiery, to maintain the indie
pendence which she had declared She was thus
armed to maintain her independence, not within
this limit or that, within any limit short of that
which, by her solemn declaration in convention,
she had affirmed to be her boundary. Consider
this question in regard to mere matters of private
right--the extent TO which possession is evidence
of title. If you enter into possession of land
without title, you are confined to the actual pedlis
possessio1aem, and to such portion of the land be-
You'd it as may be absolutely nece sary to the en-
joyment of that which you occupy but if you
have a title which defines your boundaries, your
possession is coextensive with the limits prescr-
bed by that title When, therefore, Texas was
engaged ina war with Mexico for the establish
ment of her independence, it was for the establish
ment of that independence IN and throughout the
limits Of The boundary aohich she had declared.-
Mexico, indeed, was not concluded by that decla-
ration; but all other States dealing with Texas
were bound to take notice that this was the extent
of territory for which she was contending. The
United States were especially bound to take notice
of the limits she had assigned to herterritory, and
did take notice of it, They proposed to incorpo-
rate Texas into this Union. By the act of ncor-
porati she would be Invested of the power to
obtain from Mexico, either by force or by negotia-
ton, an acknowledgment of her boundary. She
stood at the moment of annexation with arms in
her hands, and had proved in the progress of that
tiictil SllClGLtly
her enemy. Isuppose no one will doubt the ability
of Texas to have prosecuted her contest with
Mexico to a successful result. 1t would be doing
injustice to the gallantry of her people, to the
corded history of their struggles in that contest,
to express doubt upon this question. But, what
ever opinion may be entertained on that subject,
this is certain (and it is sufficient for the purpose
of this argument she was engaged, with arms
in her hands, in the assertion of her right to the
whole territory which she now claims, and with
notice to the United States of the ertem of her
claim.
Texas was thus incorporated into this Union,
not, as has been suggested, with guaranty of her
limits by the United States. This government
was aware that the annexation of Texas would be
considered by Mexico as an unfriendly act, anc
was therefore DESTROYS to accomplish it in such a
manner as would be least offensive to that repub.
lie. We did not, consequently, agree in the reso-
luton OF annexation, to guaranty the boundaries
which Texas had asserted in the various modes
which have adverted to; but we stipulated to re-
ceive her with her rightful boundaries, and reseru-
ed to ourselves the ragM 10 determine those boua-
daries By anegotiation aoith Merico; thus showing
that we had notice of her claim of boundary
SIR, the reservation of that right, and of that
right only, excludes the exercise by the United
States of any right not included in that reserva-
ueSlTe ~ ASK IL, WITHOUT SUCH reservation,
Texas had been admitted into this Union, with
the declaration upon her statute book that her
boundary extended to the Rio Grande, whether
that would not have been held as her proper boun-
dairy? and whether, by the force of resolution
of annexation, we would not have been bound to
guaranty that boundary in its fullest extent? How
have we escaped from that liability? The an
swer is, by the reservation of the right to nego-
tate with Mexico in regard to this boundary.
Now let us consider how this power has been
exercised which we had thus reserved to our
selves. We did endeavor to enter into negota-
ton with Mexico minister plenipotentary, Mr.
Slidel, was despatched to that republic. The Mexi
can government refused to receive him, and the
negotiation failed What was our condition then?
The answer is, simply, tnat the United States was
ta1sctus oticio as to the power she had reserved,
1t was dependent upon the consent of Mexico and
that was withheld. We had attempted to exer-
else this reserved power, and had failed. The re-
solution of annexation was then Invested of that
condition, and the obligation of the United States,
under the constitution, to protect Texas, of
the States of the Union, to the full extent of her
asserted boundary, became single and absolute
But, sir, we did not stop here. When it was as
certained that Mexico was unwilling to enter into
negotiation with us for the purpose of settling
this boundary we marched an army into the dis
puted territory, TO settle the question by force OF
arms
The Congress of the United States, in conse
quence of certain occurrences on the banks of the
lower Rio Grande, proceeded to declare war against
Mexico. We proclaimed that Mexico had brought
on that war, and recognised the allegation of the
President that American blood had been shed upon
American soil. Now, desire to ask by what
right did we occupy the country between the Nue.
ces and the Rio Grande, if it was not part of the
State of Texas? The United States never pre-
tended to claim the country between the Nueces
and the Rio Grande. TWAS the claim of Texas
which we asserted; and it was American ground,
in the view of this government, because, and only
BECAUSE it was a part Of the State Of IeraS, one
ofthe States of this Union. repeat, that, when
the power which we had reserved to ourselves to
settle this boundary by negotiation had failed, this
government, recognising its obligations to Texas
as one of the States of this Union--its constitu-
tional obligation to defend her-proceeded to set