第 6 节
作者:
翱翔1981 更新:2021-02-19 00:44 字数:9321
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 substanceor 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 conclusivebesides
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 were to
declare that during the first ten years of the existence of that
document it was never by anybody called a treatythat it was
never so called till the President; in his extremity; attempted
by so calling it to wring something from it in justification of
himself in connection with the Mexican War。 It has none of the
distinguishing features of a treaty。 It does not call itself a
treaty。 Santa Anna does not therein assume to bind Mexico; he
assumes only to act as the PresidentCommander…in…Chief of the
Mexican army and navy; stipulates that the then present
hostilities should cease; and that he would not himself take up
arms; nor influence the Mexican people to take up arms; against
Texas during the existence of the war of independence。 He did
not recognize the independence of Texas; he did not assume to put
an end to the war; but clearly indicated his expectation of its
continuance; he did not say one word about boundary; and; most
probably; never thought of it。 It is stipulated therein that the
Mexican forces should evacuate the territory of Texas; passing to
the other side of the Rio Grande; and in another article it is
stipulated that; to prevent collisions between the armies; the
Texas army should not approach nearer than within five leagues
of what is not said; but clearly; from the object stated; it is
of the Rio Grande。 Now; if this is a treaty recognizing the Rio
Grande as the boundary of Texas; it contains the singular feature
of stipulating that Texas shall not go within five leagues of her
own boundary。
Next comes the evidence of Texas before annexation; and the
United States afterwards; exercising jurisdiction beyond the
Nueces and between the two rivers。 This actual exercise of
jurisdiction is the very class or quality of evidence we want。
It is excellent so far as it goes; but does it go far enough? He
tells us it went beyond the Nueces; but he does not tell us it
went to the Rio Grande。 He tells us jurisdiction was exercised
between the two rivers; but he does not tell us it was exercised
over all the territory between them。 Some simple…minded people
think it is possible to cross one river and go beyond it without
going all the way to the next; that jurisdiction may be exercised
between two rivers without covering all the country between them。
I know a man; not very unlike myself; who exercises jurisdiction
over a piece of land between the Wabash and the Mississippi; and
yet so far is this from being all there is between those rivers
that it is just one hundred and fifty…two feet long by fifty feet
wide; and no part of it much within a hundred miles of either。 He
has a neighbor between him and the Mississippithat is; just
across the street; in that directionwhom I am sure he could
neither persuade nor force to give up his habitation; but which
nevertheless he could certainly annex; if it were to be done by
merely standing on his own side of the street and claiming it; or
even sitting down and writing a deed for it。
But next the President tells us the Congress of the United States
understood the State of Texas they admitted into the Union to
extend beyond the Nueces。 Well; I suppose they did。 I certainly
so understood it。 But how far beyond? That Congress did not
understand it to extend clear to the Rio Grande is quite certain;
by the fact of their joint resolutions for admission expressly
leaving all questions of boundary to future adjustment。 And it
may be added that Texas herself is proven to have had the same
understanding of it that our Congress had; by the fact of the
exact conformity of her new constitution to those resolutions。
I am now through the whole of the President's evidence; and it is
a singular fact that if any one should declare the President sent
the army into the midst of a settlement of Mexican people who had
never submitted; by consent or by force; to the authority of
Texas or of the United States; and that there and thereby the
first blood of the war was shed; there is not one word in all the
which would either admit or deny the declaration。 This strange
omission it does seem to me could not have occurred but by
design。 My way of living leads me to be about the courts of
justice; and there I have sometimes seen a good lawyer;
struggling for his client's neck in a desperate case; employing
every artifice to work round; befog; and cover up with many words
some point arising in the case which he dared not admit and yet
could not deny。 Party bias may help to make it appear so; but
with all the allowance I can make for such bias; it still does
appear to me that just such; and from just such necessity; is the
President's struggle in this case。
Sometime after my colleague 'Mr。 Richardson' introduced the
resolutions I have mentioned; I introduced a preamble;
resolution; and interrogations; intended to draw the President
out; if possible; on this hitherto untrodden ground。 To show
their relevancy; I propose to state my understanding of the true
rule for ascertaining the boundary between Texas and Mexico。 It
is that wherever Texas was exercising jurisdiction was hers; and
wherever Mexico was exercising jurisdiction was hers; and that
whatever separated the actual exercise of jurisdiction of the one
from that of the other was the true boundary between them。 If;
as is probably true; Texas was exercising jurisdiction along the
western bank of the Nueces; and Mexico was exercising it along
the eastern bank of the Rio Grande; then neither river was the
boundary: but the uninhabited country between the two was。 The
extent of our territory in that region depended not on any
treaty…fixed boundary (for no treaty had attempted it); but on
revolution。 Any people anywhere being inclined and having the
power have the right to rise up and shake off the existing
government; and form a new one that suits them better。 This is a
most valuable; a most sacred righta right which we hope and
believe is to liberate the world。 Nor is this right confined to
cases in which the whole people of an existing government may
choose to exercise it。 Any portion of such people that can may
revolutionize and make their own of so much of the territory as
they inhabit。 More than this; a majority of any portion of such
people may revolutionize; putting down a minority; intermingled
with or near about them; who may oppose this movement。 Such
minority was precisely the case of the Tories of our own
revolution。 It is a quality of revolutions not to go by old
lines or old laws; but to break up both; and make new ones。
As to the country now in question; we bought it of France in
1803; and sold it to Spain in 1819; according to the President's
statements。 After this; all Mexico; including Texas;
revolutionized against Spain; and still later Texas
revolutionized against Mexico。 In my view; just so far as she
carried her resolution by obtaining the actual; willing or
unwilling; submission of the people; so far the country was hers;
and no farther。 Now; sir; for the purpose of obtaining the very
best evidence as to whether Texas had actually carried her
revolution to the place where the hostilities of the present war
commenced; let the President answer the interrogatories I
proposed; as before mentioned; or some other similar ones。 Let
him answer fully; fairly; and candidly。 Let him answer with facts
and not with arguments。 Let him remember he sits where
Washington sat; and so remembering; let him answer as Washington
would answer。 As a nation should not; and the Almighty will not;
be evaded; so let him attempt no evasionno equivocation。 And
if; so answering; he can show that the soil was ours where the
first blood of the war was shed;that it was not within an
inhabited country; or;