The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-06-22

extended to the Rio Grande, Texas could
not in any degree affect the rights of Mex
leo. Nevertheless, it was an assertion Of
boundary made at an early day, anterior to
her annexation to the United States; and
that assertion 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 COM
mander-in-chief, and the President Though
not the acting President) of the Republic Of
Mexico.
That document is referred to, let me say
to the Senate, not because as treaty it was
vald-for its invaldity was manifest on its
face, and it was, moreover, ascertained by
the fact that il was negotiated wit captain
general: no, sir-lt is referred to for another
and very important purpose, namely, to
show that this early assertion of boundary
by Texas was not limited to her legislative
declaration; that IT was made .fagrante beilo,
with arms in her hands, and in the presence
of her enemy. This was in 1886; the war
continues; the armistce which had been
entered into by Mexico and Texas was suf-
fered to expire; and their hostile relations
were OF course re-established. Such was
the state of things when Texas was incor-
porated into this Union-adopted, cum onere,
with the war which she was waging. She
was then sovereign State, having separa-
ted from Mexico; she had declared her indie
pendence; and manifested her capacity to
make good that declaration by force of arms,
and had still these arms in the hands of her
soldiery, to maintain the independence
which she had declared She was thus
armed to maintain her independence, not
within this limit or that, or within any limit
short of that which, by her solemn declara-
ton 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
pedis possessiontm, and to such portion of
the land beyond it as may be necessary to
the enjoyment of that which you occupy;
but if you have a title which defines your
boundaries, your possession is coeNtensive
with the limits prescribed by that title
When, therefore, Texas was engaged in
war with Mexico for the establishment OF
her independence, it was for the establish
ment Of that independence in and through
out the limits Of the boundary which she
had declared. Mexico, indeed, was not
concluded by that declaration but all other
States dealing with Texas were bound to
take notice that this was the extent OF terri
tory for which she was contending. The
United States were especially bound to take
notice of the limits she had assigned to her
territory, and did take notice of it. They
proposed to incorporate Texas into this
Union. BY the act of incorporation she
would be Invested of the power to obtain
from Mexico, either by force or by negota-
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 contest, her capacity to use
them efficiently against her enemy. sup
pose no one will doubt the ability OF Texas
to have prosecuted her contest with Mexico
to successful result 1t would be doing
injustice to the gallantry Of her people, to
the recorded history of their struggles in
that contest, to express doubt upon this
question. But, whatever 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 StCtes Of the
ertent of her claim.
Texas was thus incorporated into this
Union, not, as has been suggested, with a
guarantee Of her limits by the United States.
This government was aware that the annexa-
ton of Texas would be considered by Mexico
as an unfriendly act, and was therefore desi-
rous to accomplish it in such manner as
would be least offensive to that republic We
did not, consequently, agree, in the resolu-
ton of annexation, to guarantee the bounda-
res which Texas had asserted in the various
modes which | have adverted to; but we
stipulated to receive her with her rightful
boundaries, and reserued TO ourselves the
right to determine those boundaries by q ne
gociation NTH Merico; thus showing that
we had notice Of her claim of boundary.
Sir, the reservation of that right, and Ct
that right only, excludes the exercise by the
United States Of any right not included in
that reservation. desire to ask if, 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 boundary? and
whether, by force Of the resolution of annex
alton, we would not have been bound to
guarantee that boundary IN its fullest extent:
How have we escaped from that liability !:
The answer is, by the reservation OF the
right to negotiate with Mexico in regard to
this boundary.
Now, let US consider how this power has
been exercised which we had thus reserved
to ourselves. We did endeavor to enter
into negotiation with Mexico. A minister
plenipotentiary, MIR. Slideli, was despatched
T. tIo& l. d.