Aiimiain 181 tUiluntrrr BY. JOHN B. BRATTON. YOL. 85. | THE AMERICAN VOLUNTEER, .i,«B published every Thursday, at Carlisle, Pa., by JOHN B upon tho following conditions, wblcU'wiU bo .’filgidly adhered lo: TBRUS OF SUBSCRIPTION' ■ ' Forono year, in advance, . . . . . • « 2 '25 Forslx months, in advance, i!• i . i‘ • 10U SKo subscription token for a ICes term than six montb«»ttnn jo discontinuance permitted until all arrearages nropaiu- per ccnt.additlonalon the price of snbscnpiioa rtll bo required of all those who do not pay in'advance. . RATES OF ADVKRTIBIHO. .'■v-, ’• One square, one insertion, . , * |!'<h ■ T)no square, two insertions, r square, tliroo insertions. *, . fvory Bubsofiuont Insertion, per square, liberal discount will bo made to those who advertise by year, or for three or six months. . . -. v-v' • f- 'Omce. —The office of the American Volunteer is in tiro sec* r j%f) n d story of James 11. Graham’s new stone building.ln South ' street, a ftw doors from Rurkholdor’s hotel, and dt .abjectly opposite the Posi*office, whom those having business vtffvill please call. \ IjisFEECHOF HON. DAVID S» KAX7FMAN, OF W TEXAS.- * that Mexico commenced the late war with the ■Bp United States, by invading territory that'belonged Ijk to Texas nt the period of her annexation, DeliV' i tied in the House of Representatives,June 5,1848. The House being in Commilloo of the Whole, on state of the Union, Mr. KAUFMAN, of Texas, the Committee us follows: Mr. Chairman: As the House is now in Commit- C 0 of the Whole on the state of the Union, I have :-.. ; to discuss a question deeply- involving tho.honor ■ character of that Union. . *- The Democratic National Convention which as. ’scmblcd in the city of Baltimore during tho latter ' v «‘|)artof last month, amongst many other admirable resolutions, adopted with entire unanimity the follow- KBHng, vu« nH “ Resolved, That tho war with Mexico, provoked ion her,part by years of insult.and injury, was com* S menebd by her urrfly crossing the Rio Grande, attack ing the American troops, and invading our sister u-Slato of Texas; and that upon all the' principles of i patriotism and the Jaws of nations, it is a just and | necessary war on pur part, in fvhich every American 1 citizen should have shown himself on tho side of his I country, and neither morally nor physically,.by word I cr deed,have given ‘aid and comfort to tho enemy.” I On the other hand,.Uwill bo-recollected- by you, I Mr, Chairman, that the Whig majority of this House, I t>n tho third day of January last, solemnly resolved I that “the ibar with Mexico was unnecessarily and I unconstitutionally begun by the President of the. Uni . I ted States'' . This last resolution was attached, in 9 tho shape of an amendment, to a joint resolution of f thanks to Major General Taylor and tho men under i, his command, for their slgpal victory on tho field of h Buena Vista. As I conceive this amendment an g insult to the bravo men tho joint resolution proposed j to honor; an unjust and unwarrantable attack upon 3 tho Chief Magistrate of tho naUon ; a libel upon tho I Congress dial declared the wjusjrtid tho country that I so gallantly sustained it; a rejnetion upon tho justice I cf tho treaty lately negotiated with Mexico, which I cedes to tho United States territory as indemnity for I tho expenses of tho late war; and a. slander upon tho || title of Texas to soil won by tho valor, and watered Iby the blood of her sons, —1 shall devote my allotted 1 Aour to its refutation. I . Here, sir, wo have at least one distinct issue made up between tho two great parlies of tljis* country, i which must bo decided on the 7th Nevcmbor next by I the American people at tho polls. In regard to tho I commencement of tho war, the Democrats believe [ that our country Was in ,tho right, and that “our | cause is just.” Tho Whigs, on tho.olhcr hand, as |acrl that, through the ” unnecessary and unconstitu rtional" action of the President, tho war waa unjust | Usprlgin. and our-o®untrjr*lti mo wrong. “The American Democracy, who place their trust in the intelligence, tho patriotism, and tho discriminating Justice of tho American people,” do not fur a moment doubt that, as tho catrldgo-box has completely defen ded our honor abroad, tho ballot box will equally vindicate our character at home. The resolution of the Baltimore Democratic Con vention, above Quoted, admits that Texas owned the I country between llio Nuccca and tho Rio Grande.— Tlio amendment oftfio Whig majority, above referred to, denies it, ns do all their speeches delivered in (bis House. If Texas owned this country, no one of course would say that the order to General Taylor to march'to the Rio Gramlo was unconstitutional. The question, then, is, did (his country, at the com* mcnccment of the war, belong tosToxas,or was'it a part and parcel of Mexico? And that is the question which I now propose to discuss, w;/ ,0 remarks which I intend to make, I purpose more than to present a plain unvarnished fflßstatcment of fuels. J| shall make very few comments gjEntipon (hose facta, not more than are necessary to ex* them. Mjr object is to collect, in a brief space, • 10 ° t ounUy approaching Presidential cam* the material hUtorical facts bearing upon the wS j a f r .?* I can succeed in attaining that . ,avo ncc omj)llshcd alt I desire, • ■(i ’V j* lo . ”&Mof Texas to the coil within her limits. !’ -aind winch she owns, is founded upon revolution.— iiL|JJunng her independent existence, her strong right 8K ar ™ w ®* hy which she vindicated her right jSf J 0 the Rio Grande, and to (ho territory confirmed to ENior by a treaty afterwards broken. Liko the sturdy ra|Darons of Old England*, when asked onco by tlioir B tyrannical despot by what title they hold the lands which they were in possession, a thousand swords ||9|capcd from their scabbards, and their glittering at onco a satisfactory answer. To make flWlhat title a good one, the causes which pioducod that SfTovolullou should bo sufficient to justify it. Notwit hstanding the unjust aspersions which have been cast Httpon (ho motives of (hose brave and gallant men who ■promoted and sustained the revolution in Texas, yet ■tho events connected with to war with Mexico will far to vindicate the truth of (ho grounds sol forth '! To*“s m justification of her separation from cxico. Tho times are propitious for tho complete lumph of truth in regard to tho revolutionary his* ry of much.slandercd Texas. 1. will.now rood mo extracts from tho Declaration of Texas Indo* ndonco, made by her assembled delegates at tho wn of Washington, on,the 2d March, 183 U: **Tho Mexican Government, by its colonisation ws, Invited and Induced tho Anglo-American pop. alien of Texas to colonize its wilderness, under the :dgod faith of a written constitution, that they gJhould continue to enjoy that constitutional liberty ajfnd to which they had been IBSpabTluatcd in (ho land of their birth, tho United ■States of America. ■ “fn (Ms expectation they have boon cruelly dlsop. ■pointed, inasmuch os the Mexican nation has ocquf. ■csccd in tho late changes mode in (ho Government by Goqcro! Antonio Lopes do Santa Anna, who, having overturned the constitution of his country, how offers, os tho cruel alternative, either to abandon cur homes, acquired by so many privollons w or sub* tit (o (ho most intolerable of all tyranny, tho com* Dined despotism of tho sword and tho priesthood.. “U hath sacrificed our welfare to tho State of Coahuila, by which our interests have been continu* Mly depressed, through a jealous and partial course of legislation, carried on at a far distant seat of gov* ortimcnnt, by a hostile majority, in an unknown tongue; ami, this, too, notwithstanding wo'have petitioned in tho humblest terms for tho establish ment of a separate State government, and have, in accordance with the provisions of tho National Cun* stitution, presented to tho General Congress a repub lican constitution, which was, without a Just cause, Contemptuously rejected. 11 It has dissolved, by foroo of arms, the State Con* gross ofCoahuila and Texas, and obliged our.ropro* sentativos to fly for their lives from tho soot of Gov. ernmont; thus depriving us of tho fundamental political rights of representation. 11 It has demanded tho surrender of a .number of our citizens, and ordered military detachments to solzo and curry them into , the interior, lot trial,*in contempt of (ho civil aulhorllics, and in defiance of the laws and constitution. M Il has made piratical attacks upon our commerce, by doramlssloning foreign desperadoes, and authori sing them to seize mir vessels add'convey (he properly of our citizens to far distant parte for con* ifiscoUdm 1 ‘ • f *' ' ’ ■-’ I • “llHehles Us thcright of wotsbipplngllio Almigh ty according, to the dictates bf joiir owncpnscionco, by the support of a national religion', calculated to promote the temporal interest of its humnn-iunclio naries rather than iho glory of the true lind living God; “It tasdemandod us lo deliver up our armsi which are essential to ourdcfbnco-Mhe rightful properly of fr6omed~and formidable only to tyrannical Govern* menls. -• “It has Ihy&dcd our country both by sea and by land, with thb Intent to lay waste our territory and drive us from our homes; and Ims now a large mor* conary army advancing id carry on against iis a war of extermination. • .i *. “ It has, through its emissaries, incited the merci less savage, with the tomahawk and soalping koifc, to massacre the inhabitants of oar defenceless fron tiers. “It has been, during the whole time of our con nection with it, the’contemptible sport arid victim of successive military revolutions, and hath continually exhibited every characteristic ofa Weak, corrupt, and tyrannical Government.” ' m ■ There is'no' freemfon wilhinlho broad limits of this mighty Confederacy who will not consider the I causes obovo ns fully justifying revolution; and there la not one of'our gailqnt army in Mexico who has witnessed Mexican institutions, and expo* ricnccd Mexican warfare, who will not at once yield his belief to their truth. The same convention which; on March 2,183 G, declared the independence of Texas, on the 17th of Iho same month adopted llio constitution of Iho Re public ofTexds. ’ In that convention, llic countioiTof San Patricio and Bexar were represented. By articles six and seven of the schedule of that constitution, “ the county-of Bexar was entitled to ono Senator and and the county of San Pa tricio to one Representative* and, in connoctibn-with Refugio and Goliad, to one Senator.” These coun ties have all been uniformly and without interruption represented in the Congress and Legislature of Texas and (ho convention that formed her State constitution. In support of* the right of Texas to the Rid Grande, I will first introduce Mexican witnesses.- The first grr.ixt battle fought between Mexico and Texas was at the city of'Bexnr, in December, 1835. It lasted five days,.and resulted in a capitulation, from which the following aro extracts,'viz: Capitulation entered into by General Martin Perfeelo ae Cos, of the Permanent Troops* and Gen . Edward Burleson , of the Colonial Troops of Texas , Being desirous of preventing the further effusion of blood and the ravages of civil war, wo have agreed on the following stipulations: - Ist. That General Cos and Ills officers retire with their arms and private property info the interior of the Republic* under parole of honor that they willnol in any way oppose the establishment of the Federal (Mexican) Constitution of 1824. ■ * • _ * . « -f t ; • t 50 75 1 00 . 3d. tho General take the. convicts lately brought in'by Colonel Ugartacbca. beyond the Rio Grande. > 14th. General Burleson will furnish General Cos with such provisions as can bo obtained necessary for lus troops to tho Rio Grnndc, at the ordinary price of tho country. V ■» « . 19Uu 'J’ho commissioners, Joso Jtinn Sanchez, od julunt inspector, Don Ramon. Musqiitz, tlnd Lieut. Prancisoo Rada, and interpreter Don Miguel A rein* loga, appointed by the commandant and, inspector General Martin Perfeoto.do Cos, in connection with Colonel F. W. Johnson, Major R. C. Morris, and Captain J.G. Swisher,and interpreter John Cameron, appointed on the part of General-Edward Burleson, after a long and serious discussion, adopted the eigh teen preceding articles, reserving their ratification by thO'Gcncrals of both armies. In virtue of which, we have signed this instrument in the city of Rexnr.on (he lllh of December, 1835. JOSE JUAN SANCHEZ, RAMON MUSQUIZ, J. FRANCISCO DE RADA. . MIGUEL ARCINIEGA, Interpreter, F. W. JOHNSON, ROBERT C. MORRIS, JAMES G. SWISHER, JOHN CAMEKON',' isfep^ier. I consent, and will observe the above articles: . MARTIN PERFECTO COS, Rolified and approved: ' ’ ‘ • EDWARD BURLESpN, Commander-in-Chief of the Volunteer Army. A true copy s . , * EDWARD BURLESON, . ; . Commander in Chief. Does .lot this capitulation show that Texas rove, luliomzcd with a view to iho Rio Grande as the western boundary, and not the Nueces 7 If (he Nue. ccs, why send (ho convicts beyond Iho Rio Grande, ®nd furnish supplies to the army of Genera) Cos (o. the Rio Grande 7 This la conclusive, and it la Afox* 1 loan testimony. ; ■ , . • ~ . , I will next Introdueotho testimony of Flvo Mexican generals, among whom Is Santa-Anna, (hen the 1 resident of Mexico, ernnmander In chicfof oil her armies, and her virtual dictator. It is (ho following, and bcarq date May 14, 1836: p agreement and solemn compact, made and adopted by David G. Burnet , President of the Re public of Texas, and the undersigned members of the Cabinet thereof % ox\jhs one part, and Don Anto nio Lonez de Santa Anna , President of the Repub- 1 • ic of Mexico, and Don Vincente Filisola, General, of Division,. Don Jose Urea, Don Jaehin Jlamires y Sesma, and Don Antonio Gaona, Generals of Brigades, of the armies of Mexico.' Whereas, the President Simla Anna, with divers j officers of his lato army, is a prisoner of war in charge of tho army of Texas, ohd is desirous of ter minating Iho contest now existing between the Gov ernment of Texas and that of Mexico, in whlch doalro (he gonoruls above norpod do fully concur: ami whereas, thq President of Uio Ropubllo of.Toxns and the Cabinet arc also willing to slay tho further effusion of blood, and to sco the two nclghboiing Republics placed in relations of friendship on terras of reciprocal advantage: Therefore, it Is agreed by the President Santa Anna jnd tho Generals Don Vincente Filisola, Don Joso urea, Don Joachin Ramiros y Sesma, and Don An tonio Gaona— nrnHii 11,0 “™' cs Moxioo aliall, willi all proatloablp expedition, cvncunlo tho lorrilory of Prondp. nnJ r<ll r ° lo Monlorey, beyond tbo Rio • v : * * ■ - , to march wet lmll° “ c “ u Py “ ucl ‘ pel. a. Che oammimiliiig f-rnn? V P'Tf 0n ‘IWM.I «iUo of UlO Kio Grande, or Rio Uravo del Norte 4th. That President Bttnla Ahna, in his ofltclal character os chief of the Mexican notion, and tho Generals Don Vinccntol'ilisola.Don Jose Uroo.Don Joaolnn Ramlres y Sesma, and Von Antonia Gaona. as chloroformios, do solemnly acknowledge,sanction and ratify, tho ftill, entire, and perfect Independence of tho Republic of Texas, with such boundaries as arc hereafter sot forth and agreed upon for tho same. And they do solemnly and respectively pledge (hem. selves, with all their personal and oflicial attributes, to procure, without delay, tho final and complete rat* Ifionllon and confirmation of this agreement, and oil (ho parts thereof, by tho proper and legitimate Gov* ornmont of Mexico, by (ho incorporation of tho same into a solemn and perpetual treaty of anmity and commerce, to bo negotiated with that Government ut tho oily of Mexico, by ministers plenipotentiary to bo deputed by tho Government of Texas for. tins high purpose. , , - sth. That Uio following bo, and the same arc hero, by, established and mado tho linos.of demarcation between the (wo Republics of,Mexico and Texas, to Country—haV italwaysbk aiaur—‘but BidttT or wrong,our country.*’ CARLISLE, PA./ THURSDAY, JULY 13, 1848. Wit i 'Tlio lino - shall commence at the estuary ot trtouih of the Rio Grander on the western bank there* of v and shall pursue the Bathe bank, up the said river t o the point wlicro Iho river aßsllmos the name of tho Rip Bravo, del Norte, from which point it shall pro ceed oh the said western bank to the head waters, or source of said river, it being 1 understood that the terms Rio Grando.and Rio Bravo de| Norte apply to and designate one and tilo same stream* ’ From the source of the said river,'liid. principal head branch being taken to ascertain that source, a duo north line shall be run until it shall intersect iho boundary lino established and,described in the treaty negotiated by and between the Government of Spain and the'Gov* crnmoiit of (ho United’States of the North; which line was subsequently transferred to andndopted in the treaty of .limits made between thb Government of Mexico and that Of the United Stales ; and from this point of intersection the line shall be the same as was made and established in and by. the 'several treaties above mentioned, to. continue to iho mouth or outlet of tho-Sabino river, and from thence to (ho Gulf of Mexico, »«■ - » It is said, hoftevcr, that this treaty is not binding upon Mexico, because Santa Anna was a prisoner of war' at tlio time of its execution. It Is a fuel that i General Santa Anna was a prisoner of war nt the time, I hot it is equally o-iact that General 'Filisola, Urea, 1 Ramiros y.Sesma, and .Gaona, wero not prisoners of 1 whr, i hoy having beep connected with oilier of (ho Mexican army than that which met its disas irons defeat at San Jacinto. Leave out then, fbr a moment, the name of Santa Anna from that treaty, |ond there arc slit) left the names of four general?, “chiefs of armies,” who acted .with unrestrained freedom, and as they thought boat. But although Santa Anna was a prisoner of war, if this treaty was not extorted from lum, if ho first offered to treat, and if in regard to this matter he acted entirety free from restraint, it is as binding upon him and the nation ho represented, as if lie were as free as the four olluy generals.- Was, then, his signature, to this treaty extortedor not? Hear what General Filisola says upon this subject. After General Filisotu's return to Mexico, ho writes a despatch to his Government, dated Juno 10, 183 G, in which he says: '“HiS' [Santa Anna,] in my humble opinion, in the treaties [with Texas] that no ngreed upon, and that I hod the honor to send your Excel. Icncy, . acted with entire, liberty, and bad nothing more iri yiow titan the interest of his country.” Santa*Anna.hirasolfalso said ** When roffered to treat with the. Government, [of Texas,] I was convinced it was useless for Mexico to continue the war." Lot us hear no more, then, of. Santa Anna's being a prisoner of war; and of the treaty, above’ mentioned on that account not being binding upon Mexico. In regard to that treaty, We have tho .highest Mexican testimony that Santa Anna had “ entire liberty.” In addition to the.fact that Santa Anna proposed tho above treaty, and was at “entire liberty” in re* it, the Government of Mexico hot only sub stantially, but literally ratified said.treaty. -It rati* lied it substantially, by receiving from Texas the full consideration for It, viz: the life and liberty of her President and many hundreds of her citizens; tho safety of that portion of tho Mexican army which invaded Texas under the command of Gens. Vincente Filisola, Jose Urea, Joachim Rumircs y Sesma, and Antonio Gaona, which was perfectly panic'Strichcn when they heard of the disaster of San Jacinto, and but for that treaty would have fallen Into tho hands of the victorious Texans; and the'preservation of her arms from further defeat and disgrace, Mexico did not receive any money from Tcxns.-bnt she saved her arms, munitions,baggage, &c.i which were worth rnotuy; she preserved her character, tho lives and liberty other citizens/which wore worth more than money. In confirmation of these flicts, let mo quote briefly from Genera] Filisola.' After enumerating tho deplorable condition oflho Mexican army under his command, after they heard of tho battle of San Jacinto, General Filisola said: “ If tho enemy, under these critical circumstances, should havo met us on the only road that was left, nothing would remain but to die or surrender at dts. crcllon. Tho ormy Is without clothing, the arms turned, ammunition of every kind In a very bad con dition, horses and. mules badly used in the extreme. VVe havo neither physician nor apothecary; we are threatened with (he epidemic oflho season, added to tho innumerable sufferings which (ho army has un. dorgone; and should this misfortune take place, tho men will perish without (ho least assistance, in tho midst of discouragement, and abandoned without even, the coneolation of spiritual assistance, for we have not a single chaplain to. say mass for us. Cav. airy sick; baggage, mules, everything that accom. ptmied tho army, was a confused mass, without any distinction, and without being able to move from tho 1 place, where they were caught.” In his despatch of*May 31,183 C, alluding to tills treaty, General Filisola says: “1 do notmontion other reasons perhaps more convincing; and, in lino, I think I havo saved the whole army from a disaster, and (ho national deco* rum from a positive disgrace.” Such, sir, was (ho dilemma from which the treaty, now.so flippantly repudiated hero and in Mexico, rescued, tho .Mexican army, ond such tho valuable consideration Mexico received for said treaty. But,'sir, this treaty wa» literally ratified by the Government of Afezieo! ThoMexicon Government, immediately after they heard oflho capture of Santa Anna and tho defeat ofliisdivision of (ho army, viz: xm tho 15th May, ls36,Jssucd to General Filisola a I despatch to tho foiroWlng*cflccl: "Skctuctarv’s Office or War and Marine, ‘ * 4 Central Section t Jiral Bureau. “-Excellent iho tribal profound Borrow, lII* Excellency (lid President pro (cm. lias learned, by Hie oflvpiul letter of your Excellency 0f2511i of bisl month, tho dofoai suffered on (ho 21st of the Borne month by the division commanded in person by (ho ProaidenlGaneral in chiofoftho army,(Santo Anna,) and (ho very latnontnblo misfortune that Ills Excellency should bo made prisoner with other chiefs and officers. “ His Excolloncy (ho President pro tern. Is In some measure consoled that n general so experienced ns your Excellency should bo (ha one who obtains tho command, the which ho expressly confirms. “ The first desire that his Excellency has is, that you address the enemy’s General,exacting from him, by decorous moans, tho liberty of the President Gen eral in obiof, or al least, during the lime this point can bo regulated, tho consideration duo to his high dignity and ton person so.distinguished in tho annals of American history, and for whoso preservation tho entire nation is interested by gratitude, and because he is chief of it. . . "Hia Excellency ilio President pro counts upon your Excellency's directing nil ills efforts. to savo-tho romnlndor of the ormy,by concentrating |t, •o as to render It placing Uin b convenient place for receiving provisions, for.wblch tbo most olllonolouß measures .are adopted. The preservation of Bexar is of absolute necessity, in or* tier that iho Govern men!, according to circumstances, may act np they see fit. V Tho fufo of hIT tho prisoners 2s very interesting to (lie nation, and it is recommended to your Excel lency to ondoavor to alleviate it, giving authority irom (his moment to propose exchanges, and to pre serve.for ibis purpose, and' bboauso humanity exacts It, the lives of tbo prisoners'iniuld uriU tltat ina/be made from tho onamy. Yodr Excellency knows tbo circumstances which may result from on imprqdenco committed in this affair* but the Government fears nothing as regards this. becouße it knoWs hour groat is tho skill and zeal of your Excellency for tho best dervfoo of tbo country.” From this Commdni'ontion,* it appears— -Ist That Filisolrf, instead of bring,a prisoner of wnr,siiocccdod to the chief command of the Mexican army after Santa Anna’s capture, tvliich chief com mand was expressly confirmed lu him by tbo MoxU can Government. 1 • . 2d. 1 hut tbo first dcslro of tho Government of Mexico was tho liberty of tho President, (Santa Anna,) and that it was deeply solicitous “ to.savo the remnlqdor of Iho army," und "to allovUto Ibo fato of .all the prisoners.” (The .prisoners were subso qacnlly.il roloasod by tho Tox.ie Oovctmncnl.) That She Government gave full and anrcstrict-1 discretion to Filisoio, then tho Commander-in-1 chief,to manage tho affair, having no fears in regard toil, on account of its confidence u in'the skill and 2eal of General Filisola for the best service of tho 1 country.’* I instruction In. tho above despatch'-from the ' Mexican Government was carried out to tho letter, I and that under the superintendence of Filisola, ho signing the treaty and .forwarding it to the Mexican Government. If this despatch hud been before the five Mexican Generals at tho lime they signed the treaty, (which it was not, but is none the leas bind, ing on that account, for a'sabscquont ratification of the act of an agent is'an binding as a previous au- it could nothavo been more literally com* plied with. “The liberty of Santa Anna** was se cured, the M remainder of his army was saved,” and ** the late of nil the prisoners was alleviated.” . Could the President pro tern, of Mexico, who order* cd tho abovo despatch, hnvd expected to obtaih alt these advantages without giving a consideration therefor? Ho did not expect, ho did not intimate, kuch a thing. What, then* wos tho. consideration Texas received by that treaty? Her independence and her bbnndary to the RioGrnndc, tosccuro which sho evidenced her intention (ns I huvq showii) in tho very commencement of her revolution. And-what were means” (to use tho language of tho ybdyo'Mexican despatch) 'resorted ■ to- for both i parties jo'nltain their objects? The usual ones of <a treaty, , Vuttcf, in his Law of Nations, says: page 436: .j;- r 'T ; ‘'ThOiCaptivo sovereign may himself negotiate tbo I CTV" (1 . promlBC what personally depends upon , him, bul .Iho treaty does not become obligatory on 5 the nation until ratified by herself, or by those who ■ aro connected with the public authority daring the prince’s captivity.” • , I have conclusively shown that this treaty was ra tified “by those who were connected with the public oqthoril) during Santa Anna's captivity,” viz: the Commandcr-in-chicf of tho armies of Mexico, (Filiso. la,) oodrtho President pro tern. of ( Mexico; and yet there ate. those who contend tho trooly is not validl *'Oh shame! where is thy blush?” Boti Mr. Chairman, Santa Anna has given us other testimony in regard to'tho Rio Grande being the western! boundary of Texas. After the balilo of Buena Vista, in a despatch to his Government, bear. ing datc|27lh February, 1647, ho says: “Froth tho'impreseion wo had mode on the enemy he did aol appcar before us for three days; the bearer of a flag of truce, however, arrived with a proposition from General Taylor, for an exchange of prisoners, and fotjour sending for the wounded who had rc mained/on the field. Ho also expressed to mo Iho dcsiro which the Americans felt for Iho re-establish ment af pcacc. 7. replied—in order that ho might say to Ills General—that wo 'sustained the most sacred -of causes—the defence of our territory, and thdjprcscmlion of our nationality and rights; that w&wero not tho aggressors, and that our Go vernment bad never offended that of the U. States.— I obseHpd that wo could say nothing of peace, while the Americans were oh this side of tho Bravo, or be. oupied £ny part of the Mexican territory, or block aded out ports; and that wo were resolved to perish or vindicate our rights; that fortune might not always bo favorable to tho enemy, and Iho experience of the 22d an4-23d should convince (hem that it could change.” 1 - Whoij Santa Anna made the above admission ho was nob prisoner of war. No, sir; the honor of a prisoner belongs alone to Texas. - The United Slates conquered him; but it Was the peculiar pride tftVd’glory of Texas, without ordnance or am munition,and with three to one opposed to her, hoi only to conquer bul to capture Santa Anna, and that before tho charm of his invincibility had been broken, and before tho prestige which uniform success had thrown around his nomo had been destroyed; Gon, Houston, with Ilia bravo little army, was tho yirs; conqueror and the only capturcr of Santa Anna.— History records no more bloody, glorious, or success ful field than that of San Jacinto* I might here stale many facts showing thatTcxas! held control over (ho country between tho Nucccs and the Rio Grande, but they would only be the as; serlions of myself und others. I will hereafter show that Texas passed laws exercising jurisdiction over Uiis country, and will now prove, by General Well, a Mexican genera), that those laws were carried into effect. In Ins proclamation, bearing date Juno SOlh, 1844, declaring, tho armistice that had existed between Mexico and Texas (o’Bq at an end, ho says: “Every individual who shall bo found at tho dis toned of ono league from tho loft (eastern) bonk of tho -Rio'Grande will bo regarded as a favorer and accomplice of the usurpers of that part of tho halion* at territory, and as u traitor to his country,..and after I a summary military trial, shall bo punished as such) ADRIAN WOLL| Central of Brigade Hero, then, is tho admission of the highest mlli tory functionary of Northern Mexico, (hat Texas was the usurper or forcible possessor of (ho territory •cast of the Rio Grande. . This needs no further com ment. - . i I have now, Mr. Chairman, shown, by (ho positive testimony of Mexicans, that Texas held (ho country between (ho Niioocs and the Rio Grande by as clear a. title as she hold any other portion of.(hot State, land that was, as (ho Afoxjoans tended it, by usurpa tion or forcible poeeeetion, Nothing can bo shown from Mexicans against this array.of testimony. 1 will now prove, by an authority that Whigs will not question, vit: Cassius M. Cloy, oho of the most vio« lent opponents of annexation, that Mexico cared no more about our army going to the Rio Grnndo than crossing the Sabine, because sho looked on tbo right I of Texas to the territory cast of the Rio'Grande as j equal to her right to any west of the Subino. Hour i Mr. Clay. . • , At a festival given lately in Richmond, Kentucky, Cassius M. Clay said: “Though a Whig, 1 do not stand hero os a partisan. I shall Ispoak with the freedom of history.* I have no sympathy with (ho lato outcry against President Polk, as bringing on this war. 1 shall do tlio Pre sident t(To justice to say, that in all Mexico 1 never hoard the first man allege (ho march of Gen. Taylor lo (ho Rio Grundo as .tho cause of (ho ofibuuu or of lliowar,**. During my lato vlsit to tho North, Mr. Chairman, I was pained to find an error prevailing to a groat extent, vix: thotlexda, precious to annexation, .only claimed to the Nubcrs, and that her claim to the Rio Orande teas afterwards urged,to increase her domain, to enlarge the territory subject to slavery, and to afford a pretext-for commencing a tear with her old enemy, Sfc. t 4*c. ; ' This opinion is, honestly entertained by many thousands of respectable, useful; and valuable citizens of the North, who lovo (ho truth, and seek oVory 00. I ossion to embrace it. lam myself a native ofPonn: sylvsnia, and address myself to my northern brethren In (ho language of friendship ana truth. I will now, Mr. Chairman, proceed effectually to remove this erroneous Impression, and to show that Texas hot only always claimed this country in good faith, but (hat she exorcised political, civil, and mili* lury jurisdiction over it—provided for the construc tion of Internal improvements tfiore—-that sho loid off a oolWforul' district up lo the Rio Grande, parti* < lioned off counties, gave military prelection, estob* fished land offices, organized district courts, and | provided’for the erection of trading posts, &o. ‘ Texas, of course,"could only be. knoWn'and i*ecog* I nized asan independent nation, with certain specified < boundaries; Metes and bounds are indispensably i necessary to the existence of o political sovereignty. I In view of tho oupilulatloh of General Cos at Boxnr, I of tho treaty of May 14, 1836, above partially sol i out, of the provision in tho constitution of Texas for (ho representation of (he counties of Bexar, and San Patrick*,ond'gbnorully of all the events which Iran, spired tluriilg tho short but glorious revolution' of Texas, tho first Congress of Texas passed the follow* Ingool: To define the boundaries of the Republic of Texas, “Srli I , Be it enacted by the Senate and Mouse i)/ 1 Representatives of the Republic of Teetas in Congress assembled,' That from and after llie passage of this act, lh%Vml«aqd political jnrlsdicllon of this RcpUb. lie bo, and is hefeby, declared .to be the following boundaries,Mowil: Beginning at the mouth of l.he .Sabine rivciv and. running west along the-Gulf of | Mexico three leagues from land to the month of. the Rio Grande; thence up tho principal stream of said river to its source*.thence duo, north to the forty* second degree of north latitude, thence along the boundary lino as defined in the treaty, between tho United States and Spain, to the beginning;' and that the President be, and is hereby/authorized and re* quired to open.a negotiation with tho Government of the United States of America as soon as, in his opin* tori,the public interest requires it, to ascoituin and define the boundary lino us ogrccdupon in said treaty. “IRA INGRAM, - u Speaher of the Mouse of .Representatives. “RICHARD ELLIS, of the Senate pro tem. “Approved, December 19,1836. SAM HOUSTON.” [I will here remark, that the law I have just read, and all the laws of Texas I may hereafter read, are from volumes belonging to the,Library of Ibo Con gress of tho United Slates, whore they are deposited, and to which all who desire can havoroference.] - On tho 16th of December, 1836, an act was passed “Id incorporate (he Texas Railroad Navigation and Banking Company,'” one of the sections of which is as follows, viz ; ■ I “Sza. 2. Be it furifier enacted, Thai i\\c said com pany shullhavt* banking privileges, with a capital stock of five millions of dollars, as well as tho right of connecting the wafers of the Rio Grande and (he Sabine by means of internal navigation and rail roads,” &,c. On the 12th of June, 1837, the Congress of Texas passed un act “lo raise a revenue by impost duties,’' in which will bo found the following provision-* “Sec. 2. Be it further enacted, sc.. That the fol* lowing with their given bounds, ries. bc made ports of entry, and within which bounds euslom.honsos shall bo established and collectors' of the public revenue shall be appointed and. reside at the several ports for which they were appointed, viz: commencing at tho Rio Grande, and following the coast of the Gulf cast to the mouth of San Antonio river, shall at present compose the southwestern col lecloral district, which shall bo called the district of Arantkso,” &o. • - , ■ r The following is the preamble to “An act to au thorize attachments to be issued in certain cases therein named,” approved December 18, 1837: - “Whereas many Mexicans residing upon our fron* tier stole and drove off large herds of cattle, and took and carried off other, property belonging to citizens of this Republic;.and whereas those Mexican* have abandoned the country and removed beyond the Rio Grande, so that persons from whom they have taken property are wholly without remedy: therefore,” dtc. This shows that the ordinary process of tho law 1 was relied Upon, Where the parlies could be found cast of tho Rio Grande. Tho next law on the statute book of Texas, on this subject, is tho following, yiz: “A Joint Resolution fixing tho dividing lino between the cotiilllca of Bcaar and San Patricio. •'Be it resolved by the Senate and House of Repre tentative of the Republic of Texas in Congress as sembled, Thai a direcl line running from the junction of the Cibolo or San Bartola crcelt to tbo Rio Frio, nt a point thirty miles above its junction with the Nueces; thence in a direct line to the town of Laredo, I shall bo Considered the dividing 1 iinc'betweentho counties,of San Patricio and Bexar, and shall bo rc- I sp'botcd as such bjrtHo surveyors'of the respective counties: Provided, That this act. shall not affect rights previously acquired by.surveys legally mado bylho surveyors of the respective counties: Provided, That this act shall not affect rights previously ac quired by surveys legally mado by the surveyors of tho county of San Palrico, below tho old road from San Antonio to tho Presidio of Rio Grnndo. “JOSEPH ROWE, “Speaker of the House of Representatives* “MIRAUEAU B. LAMAR. “ President of the Senate. “Approved, May 24,1688. , SAM HOUSTON.” Jn regard to tho joint resolution just read, I will remark that 1 have previously shown that Bexar and San Patricio wore represented in the Convention that declared the independence of Texas, &c« Tito town of “Laredo” is situated on the left or eastern bank of the Rio Grande, and is now the county site of the county of Webb, established ,by Texas. This joint resolution shows that both theso counties extended lo the Rio Grande; and that surveys were made M by the surveyors of the county .of San Patricio in this section of the country;" and this lino extending to i the Rio Grands was the only ono restricting the sur -1 vcyors of SanPotricio ood Bczor, thus giving them , I license lb survey as far as the Rio Grande. I On (ho 21st of December, 1838, (he Congress of Texas passed an set* entitled “An act to protect the I northern and Western frontier," in which will be J found the following section: “See. 15. Be it further enacted , That it sholl bo (ho duty of the colonel of the regiment (o cause, at convenient Intel vais^lho.detachment on (ho Nueces to traverse the country between the Nueces and the Rio Grunde in such manner ns shall givo most pro. lection and security to that Section of country." Tho next not to which 1 will refer the attention of tiic committee, is tho following, entitled “ An net to alter the time of holding tho 101 l terms of tho courts in tho fourth judicial district. 1 "Be it enacted by the Senate and House of Repre* sentatives of the Republic of. Texas in Congress assert »• bled , That from and after tho passaguofthis act, tho fall terms of tho district courts of the fourth judicial district shall commence and bo holdcn as follows’ , commencing in (ho county of Bexar on tho second Monday in September, and may continue in session until the Friday before the first Monday In October; • * •• in the county of Refugio on the.fourth Monday in October, and mny continue in sespion one Week; in (ho county of Goliad on the Oral Mon* day after the fourth Monday In October, and may continue in session one week; in tho county of San Patricio on tho second Monday a/Vfer (he fourth Mon* day in October, and mny continue In scssfcn until the business is closed. ••DAVID S. KAUFMAN, Speaker of the House of Representatives, ••UViyiD 6; BURNET, President of the Senate, 'Approved, February 5,1840, MIRABEAUD. LAMAR." . The counties of Bexar and San Patricio being much larger.than and extending, as I have already shotfn, 6y the act of May 24,1836, to (he Rio Grande, a much longer time was given to the district courts of Ocxor and San Patririolo liold their ( sessions.than (0 the other.counties. Nearly three weeks woro given to Doxar, and an unlimited time to San Patricio. . The first act that was passed by the Texas Con- 1 great, fixing the times of lidding (ho courts in San ' Patricio and Dexar, bears date December 23, 1836. 1 In tho years 1636 and 1837, laws Wore ' passed 1 providing for the bolding of county courts in Dexar and San Patricio: each qf those counties was granted ; a separate land ofllCo; they formed a portion of thd westorii brigade of Texas militia; and an not was passed '* to translate the Laws of the Republic of I Texas into the Spanish language,” os an act of “jus-1 lio ( lo that numerous portion of our follow-cillxena who understand />n!y the Spanish language, and which shall be distributed tboae : counties where the population alluded to may reside”-*-* large por tion ol wham (ben resided in said counties of Dexar and San Patricio. , - , . . . , Tim following may bo found in a law of Texas passed January, 14,1843: “Sxo. 7. Be U further enacUd, ,TI|Al thp President shall Cause to bo established tradjng houses of posts, which pasts or trading'houses shnlfbe establiihcd ns follows, to wit;' ■ ' ' i p AT $8 ODfmSNtll “Nb.l. ,0n ,or near tho,.south fork of (he Trinity; somewhere between the lower and upper Croes.llrri* here. . . i ■ •» . • “No. 2, At o? neat the Camanche Peak. “No. 3.'At or noarlheold San Saba fort or mission. “No. 4. At or near Porto Vandero. “No. 5. At or near (ho junction of the Moras ana Rio Grande. • .. - - ' . “Tliq places to be designated by the commission* ore that make (he treaty with the Indians, not toojj need twunly»fivq miles from (he.places designated -in this section.’* ’ ' -I “An acl Tor the protection of Uio!western ana southwestern frontier, and for other purposes, 0 pass* ed January 16,; 1843, by (he Congress of Texas, con tains the following sections : . *.*Sec; 16. Be it further enacted, That (he.conipfti* ics raised by the provisions of this act shall he sta tioned at or hear the following places, via: Twoevnt* panics at the crossing of the Presidio road of thq Leona river; two companies at the White House, on (he Nueces river; one company at TumbUoson 1 * btock house; and the remaining company to be post* cd in the west, at the discretion of the commanding officer. Sec. 17. Be it farther enacted, That martial lath shall bo declared mid enforced from (ho Hio Frio ang Nueces rivers to the Rio Grande, for and during the' lime hostilities onay exist between the Republic of Texas and'Mcxico.” , The following joint'resolution is hero inserted fp show (hat all the laws above quoted in regard .to the Rio Grande are not mere paper declarations, butthajii in addition to lawful spoils captured from (he enemy, money was actually- paid out of (ho impoverished treasury of Texas, to (ho rangers, (o'support endqti .foeesaid laws. This proof, however, was ns I have already above quoted (heauthorityofOen* Adrian Woll, who was in military command at' Mataptbros, and fbared to meet the gallant rangers, east of the Rio Grande, and who candidly admitted, what the truth required, “ that Iho Tcxiana were the. usurpers, or forcible possessors , of that part of Ihft national territory on the left bank of the KiO Grande.”. As a further biatorical fact (hot thoTexians were the “ forcible possessors** of the territory east of tho Rib Grande, I will merely refer to tho famous Mlcr expedition. Micr is in Mexico, bn the to««( side of’ the Rio Grande. Tho Texas volunteers in 1642, of. course could not get a fight until they crossed ft Rio Orande and went to Mlcr. If they could havp done so, they would not have crossed (ho river. But to the resolution f “ Joint resolution for the relief of tispt. Joh n C* Hays and tho company oodor his command. “ Be it resolved by the Senate and House of Repre* senlaiives of ifie Republic off TeiHs ih Cbhgreis os* sembled, That the sum of six thousand (bur iioodrea and fifty.dollars, be, and the same is hereby, appro, prialcd for (he payment of Capt. John C. Hays, with tho company under hfs command, and the liabilities that hove been created for the support of said com pany while employed in (ho prrttction of (he snrfAl i oisikth frontier, during the year bno thousand eight hundred and foily-thrcc. . Sec. 2. Be it further resolved, That the Treasurer. of the Republic be, and ho is hereby, authorized to pay tho six thousand four hundred and fifty dollars*' - as appropriated by this resolution, to Captain John C. Hays, who is hereby authorized -to; receive tho same, and render his aecount of disbursements to the proper department of. the Gnvcrnmept; t Sec. 3. Be it further resolved. That this resblutiocf shall take effect from and ofter its passage.** . , ■■ “Approved December 19,1843.” . On tho 23d of January, .1844, another act wap passed, entitled “ An act authorising JohnC. H*y« to raise a Company of mounted £aqm?n,,to S£t.M, rpngers on (he .western and southwestern frontier/ hi which occurs the fqftpvving section *>•• • ”Src. 3. Be it enacted, That the said company shall range on tho western and soath^c^erhfljb^^jj^ from tho county of Bexar to the county 6f Refogty and westward, as the public interests mpy re quire.” N ■ i -i On tho_lst of February, 1846, an act was passed by tho Texan Congress,‘♦'requiring the owner* of funds In (lie counties of Refugio and San Patricio ’ tot cause th<s»r lines to bo designated and marked/*, whether tho titles issued “from tho Mexican ment or Government of Ccuftuilp and Teias.** “Said, lines to be designated by the county sarVcyor of lhO| connty in which tho land was situated, and certified plats ihereoOtabc returned to tho general land office/ (of Texas;) which plats were to'bo delineated on tho, map of the county in which .they from th£ limo'of such return and delineation to be regarded os the only Irile boundaries of said land/* On the same day und year last abovcinentioned, the following section of an act was passed: '•‘Sue. 4. Be it fUrihir enacted. That Henry. I*,, Kinney be, and ho is hereby authorised to raise and/ organise one company of forty armed men, with on} Captain and one Lieutenant/ for the purpose of ylrq* teeting the eettlemente at Corpus Chriiti aifß its rt> cini/y.** . ■ ■£■ Corpus Christ!, then (he cottnly sfio of San Patrif clo, is west of the Nueces, and iliwas Odm the Ind|i ans thdVthis protection was desired. . ? I have thus shown (ho solemn acts of (he fteptfbljft of Texas, from (ho origin of (be government downltf annexation, and nn impartial community wilt judg} whothcr'tho claims of Texas to the Rio Grande'ivu an afterthought, as charged, conceived l since annexe* tion, for sinister purposes, or whether she has not uniformly claimed it, and exercised acts of owner ship over it. I will now quoto, from standard geographical works, soma extracts which prove conclusively ihqt the Rio Grande, the Rio del Norte, ortho Rio Bravo, (different names for the same river,) was the western brundary of the Province of Texas ; (hat it is thA boundary of the Republic of Texas, hss already beeft 1 shown, and no one will dispute: 1 “ Texas is bounded southeast by the gull of co, west and southwest by . (he Rio del Notle.**—•* Morse's Geographical Dictionary, edition 1831. “ Texas, province of Mexico, hounded eouthwesibv* tho Rio del Norte.**—Broofts Unhirtal Gazetteer,edu lion 1633. . { II Texas, claimed by Spain aa a pari of the internal, provinces, and bounded west by tho Del Norte,** See. —Wortf.etir's Gazetteer, edition ,lB33. ’^ Texas, province of Mexico, in the former preoin* . dot internos, bounded southwest by the Rio Urande do! Norte.**— Darby's Gazetteer, edition 1637. ‘; “Texas, province of Mexico,ln (hp former internal* provinces, is bounded southwest by the Rio Grande.** — Davenport's Gazetteer, edition , 1633. These arc the descriptions of impartial gengfa*. phers of the boundaries of tho old province of Tex- na., j .. . , .1 • ~ Let me, Mr. Chairman, in (ho next place, direct your attention and (hat of the commitio to the Un. guago of Gon. Jooheon on the subject of the bouud-' ary of Texas. Ilia words arc full of wiadom, apd* will outweigh nil the declamation* of inlerealed parti-' sans.' In hia letter to Aron V. Brown, Gen. Jackaon aoya i “ Remember, also, that If annexed tqlhA. United Slates, our toeiterri IfounrfaVyjteou) J. be tl( R{6 Grande, which la itaeli a forlifioalion/on ac-< count qf ha extensive, barren, and . uninhabited' pUina.V ' , . „ . , It waa Gen. Jackioh’s adrqtaialra^on (hat acknowl'-i edged the independonooof Te*oa,wfth the limltathal, Texas proscribed for herself, and with ihb limits that the United Btatei, by solemn treaty with Tflxaiy.on.i the 95th April, 1838, under the administration oIV Martin Van Duron, acknowledged it to extend' aa far north aa the 49d degree of nerth’latitudo! I allude to the treaty under which a part of tho eastern boun-a dory of Texas waa actually marked. But of thla f, may perhaps on anoilier occaaien bo compelled to ■peak more at length. Hear John Quincy Adams on this subject. On the I3(h of May, 1846, tho duy war was declared agalftat Moxloo. hc anldi } “I utterly-deny that 1 claimed tho Rie del , Nortoaahur boundary ,in U§ full exitnt ) . 1 qqW , 1 claimed It assort dlttawi up th# rtp*r*aridtnfln )' . [Concluded on fourth ’ , , • m.t.
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