o prove such an
issue is equally incomprehensible. His next piece of evidence is that "the
Republic of Texas always claimed this river [Rio Grande] as her western
boundary." That is not true, in fact. Texas has claimed it, but she has
not always claimed it. There is at least one distinguished exception. Her
State constitution the republic's most solemn and well-considered
act, that which may, without impropriety, be called her last will and
testament, revoking all others-makes no such claim. But suppose she had
always claimed it. Has not Mexico always claimed the contrary? So that
there is but claim against claim, leaving nothing proved until we get back
of the claims and find which has the better foundation. Though not in the
order in which the President presents his evidence, I now consider that
class of his statements which are in substance nothing more than that
Texas has, by various acts of her Convention and Congress, claimed the
Rio Grande as her boundary, on paper. I mean here what he says about the
fixing of the Rio Grande as her boundary in her old constitution (not her
State constitution), about forming Congressional districts, counties, etc.
Now all of this is but naked claim; and what I have already said about
claims is strictly applicable to this. If I should claim your land by word
of mouth, that certainly would not make it mine; and if I were to claim it
by a deed which I had made myself, and with which you had had nothing to
do, the claim would be quite the same in substance--or rather, in utter
nothingness. I next consider the President's statement that Santa Anna in
his treaty with Texas recognized the Rio Grande as the western boundary
of Texas. Besides the position so often taken, that Santa Anna while a
prisoner of war, a captive, could not bind Mexico by a treaty, which I
deem conclusive--besides this, I wish to say something in relation to this
treaty, so called by the President, with Santa Anna. If any man would like
to be amused by a sight of that little thing which the President calls by
that big name, he can have it by turning to Niles's Register, vol. 1,
p. 336. And if any one should suppose that Niles's Register is a curious
repository of so mighty a document as a solemn treaty between nations, I
can only say that I learned to a tolerable degree of certainty, by inquiry
at the State Department, that the President himself never saw it anywhere
else. By the way, I believe I should not err if I w