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


According 70 vsueI. the earth was destined by the
Creator 10 be the habation and nursing mother
Of ~ nen The right Of inhabng il. and drawing from
i the thngs necessary for sobsistence is derived from
Nssars But the human race lsays this admirable
thor} beang extremely multiplied, the earth became no
longer capable OF furnishing spontaneously and without
culture support for s inhabitants, and could receive
sS'ayaon @% ne DUN nen, nations wno had
tReee people should fix themselves part cf il,
and that they should appropriate TO themselves portions
Of land In order that not being disturbed in their labor
nor disappointed in obtaining The fruits OF their in
dustry they might apply themselves TO render their lands
FERTILE that they might draw their subsistence from them
This have introduced The rights of property and do
,nlios and this fully ustes their estab shment Since
their introduction, the common right OF all mankind
restrained 10 what each lawfully possesses The coun-
itself thther, or whether the families OF which il was
composed finding themselves spread over the country
had formed themselves into the body Of political soce-
ythIs country, say is the settlement OF the nation,
and has proper and exclusive right 10 it," Here in
the language Of vatiel. have the basis upon which
the title OF the New Mexcas to the country cas-, of the
Rio Grande around Santa Fe has rested for more than
two hundred years These people, however, part
Of the political society," constituting at one time por
ton Of the doninons OF Spain, and at subsequent pc
Rod those Of Mexico. and accordingly, by the treaty be-
tween the United States and Spain in 1872 acknowl
edked the title and domain OF this country to be with
Spain, and subsequently, after the Spanish colonies Umi
tatng exampe) had asserted and maintained their
independence BY treaty made in 1925 acknowledged
the title and domain to be with Mexico, OF which
Here then, take my first position in relation to the
title, and affirm that in 1928, by treaty stipulaons
amounting TO estoppel, Mexico owned and pos
sessed through her citizens the country in ques ton.
If this position defes assault, then II must be shown
that Texas has subsequently to 1928 derived valid title
from Mexico and unless that can be satisfactorily es
tabshed. Texas has no title Now, according TO Vatel,
and other writer's the laws of nations there but
two modes OF divesng nation OF its domain and acqur
ing title II must be done either by force or by contract
IN other words, by conquest treaty Did Texas acquire
any title to the Santa Fe country by conquest 1t is
torous that she did not hostile Texan never entered
Santa Fe, except prisoner OF Did Texas acquire
any title by contract reaiys If so, where is the
tract treaty with whom II made and has il any
binding force! The treaty made with Santa Anna, after
his defeat and capture the battle OF San Jacnto
1885, the only treaty which has been mentioned
lied This treaty has effect Because Santa Anna
had power authority ALLEVIATE any OF the territory
Of Mexico; 2. Because he prisoner under duress,
and treating with view 70 save his life and regain his
liberty For this reason, he had possessed the power
to ALLEVIATE, the cession would have been nullty; g.
Because the treaty with Santa Anna does not its face
purport TO cede territory It's language is, The Mexican
troops shall eyacuae the territory Of Texas passing to
the other side of the Rio Grande del Nore (see the
treaty in Maillard's History OF Texas, page liz j A. Be-
cause, BY the constitution of Mexico treaty made by
the President of the republic complete and valid until
il shall have been ratified by the general Congress This
is verified by the thirteenth clause of the article
atng the exclusive faculties OF the general Congress For
these the claim OF Texas derives support what
from the treaty with Santa Anna which, instead OF
being ratified by the Mexican Congress, dsavowed
and Gen Fsoa put upon his trial for having obeyed the
war. (See Mailan's History page 1917 Suppose when
the BRUSH took this capital they had captured Mr. Mad
son. then President OF the United States, and he when
prisoner had entered into treaty cedng and annexing
Canada either small or large portion OF the territory OF
the United States what would have been thought OF lis
va!iditys The answer to this question is the proper
,wer 10 the preensons of Texas founded on the treaty
with Santa Anna.
admit that Texas by her revolution conquered and
established her independence, and becomes import
ant matter to ascertain, If how far this conquest
extended. and what portion OF the country covered
So far Texas had known and defined limits prior TO her
revolution, admit that her success In the with
Mexico entities her to hold up those limits But when
Texas desires 90 beyond the boundaries limiting her
Territory prior her revolution she xtend and
enlarge her limits upon the ground that she successfully
doended her acknowledged possessions, that which she
held before the war commenced but she must show that
she successfully invaded the territory OF the enemy made
eonquests Of the territory invaded, and held it, Now,
deny that Texas in her revolutionary struggle. has
rid the war into the Mexican territories upon the Rio
0rsnde, and made any permanent cooquests upon the
waters OF that river, and deny tina; the boundaries OF
Texas prior her extended the Rio Gande
have heretofore called the attention of the Senate
Humboldts map, and 10 the map attached 10 Maards
History OF Texas and proved by these authorities that
Texas included any part Of the country the north
sAe OF the ked rver According 10 Humboldt there was
q the time he wrote large extent OF country OF
New Mexico, and between the Arkansas and Red rivers,
not embraced by any OF the Mexican or Spanish prov
inceA s that date The boundaries OF provinces Hum
boldra map were designated by dotted lines The gen
tIsapah from Missouri Mr. BENTos] said that these dot
I'D lines indicated the limits Of the actual settlements OF
dottsd lines extended from the RIO Grande over to
The San Saba rver where, up tins day. there
ben no settlement Of civilized men. Now, sir, have
sdAeional evidence TO prove that Texas did
tsNd beyond Red 10 the north, or the Nueces to
the west and southwest Mrs Mary Austin Holly the
rel4ve OF Stephen r Austin OF the early settlers OF
Texas and who published map OF Texas in 1899, in a
work written by her long ago 1899 and which has
passed through several editions, speaking OF the bound
sSies OF Texas, says
Under the general tide Of Texas, geograp pliers have hh.
bccn accustomed include the whole OF that
gou OF country extending from the SABINE the
ke kio Grsnde tbs west, aud from Red river
nosch the Gulf MEXICO the southembracng thus
extsnt OF tsuitofy double least that compri ssd
Within the trne limit OF Texas proper The Of this
geographical readily found in the universal gno-
rance Of The true state OF thus region, nc.
Again she says;
Inaead OF wide OF xplored territory. unlimited
and unknown, she fmcsnng Terss) destined henoeioh
occupy definite and dsting station In the maj
Of North America. Texas present forms part Of the
State Of Coahua and Ters., being Professionally annexed
70 Coahuils until m population and sufc
form STATE when its with Coahuila
deg. 20 min. north latitude g3 deg 30 min % deg
MIN longitude. It's boundaries are the Red river
sspaaung IL from Afkansas the NORTH the Gulf OF
tho south, the Sabine river aud Louisiana the
sud the rvef Nueces SEPARATING 1t from Tama1lpss and
Coehpila on the west.
Hare. sr, we have definite boundaries given h. Texas
By distne uished and accomplished winter, who doubt
lsoo recaived large portion OF her information from Col
Ausdp. and Of whose map she says:
This map compiled by Col. Austin and published BY
Tanner tho first and only geographical nforma
tion al the country that has been published.
siv, + have copy OF this map republished in 1899
which shows that Texas never extended the north be