shall be the boundary between it and another country. The act was nothing more than the expression of the wishes or pretensions of the Government. Its only practical effect was that, emanating from its Congress or legislative body, it made it imperative on the Executive, not to conclude any peace with Mexico, unless that boundary was agreed to. As regards right, the act of Texas is a perfect nullity. We want the arguments and documents by which the claim is sustained.

On a first view the pretension is truly startling. There is no exception: the Rio Norte from its source to its mouth is declared to be the rightful boundary of Texas. That river has its source within the department, province, or state of New Mexico, which it traverses through its whole length from north to south, dividing it into two unequal parts. The largest and most populous, including Santa Fe, the capital, lies on the left bank of the river, and is therefore embraced within the claim of Texas. Now this province of New Mexico was first visited and occupied by the Spaniards under Vasquez Coronado, in the years 1540 to 1542. It was at that time voluntarily evacuated, subsequently re-visited, and some settlements made about the year 1583: finally conquered in 1595 by the Spaniards, under the command of Onate. An insurrection of the Indians drove away the Spaniards in the year 1680. They re-entered it the ensuing year, and after a long resistance re-conquered it. This was an internal conflict with the Aborigines; but as related to foreign powers, the sovereignty of the Spaniards over the territory was never called in question; and it was, in express terms, made the western boundary of Louisiana in the Royal Charter of the French Government.

The conquest of the province by Onate, took place five-and-twenty years prior to the landing of the Pilgrims in New England, and twelve years before any permanent settlement had been made in North America, on the shores of the Atlantic, by either England, France, Holland, Sweden, or any other power, but that in Florida by Spain herself.

I have in vain sought for any document, emanating from the Republic or State of Texas, for the purpose of sustaining its claim either to New Mexico or to the country bordering on the lower portion of the del Norte. The only official papers within my reach, in which the claim of Texas is sustained, are the President's messages of May 11 and Dec. 3rd, 1846; and these refer only to the country bordering on the lower part of the del Norte. The portion of the message of May 11th, 1846, relating to that subject, is as follows: "Meantime Texas, by the final action of our Congress, had become an integral part of our Union. The Congress of Texas, by its act of December 19, 1836, had declared the Rio del Norte to be the boundary of that republic. Its jurisdiction had been extended and exercised beyond the Nueces. The country between that river and the del Norte had been represented in the Congress and in the Convention of Texas; had thus taken part in the act of annexation itself; and is now included within one of our congressional districts. Our own Congress had, moreover, with great unanimity, by the act approved December 31, 1845, recognized the country beyond the Nueces as a part of our territory, by including it within our own revenue system; and a revenue officer, to reside within that district, has been appointed, by and with the advice and consent of the Senate. It became, therefore, of urgent necessity to provide for the defence of that portion of our country. Accordingly, on the 13th of January last, instructions were issued to the general in command of these troops to occupy the left bank of the del Norte....

The movement of the troops to the del Norte was made by the commanding general, under positive instructions to abstain from all aggressive acts towards Mexico or Mexican citizens, and to regard the relations between that Republic and the United States as peaceful, unless she should declare war, or commit acts of hostility indicative of a state of war. He was specially directed to protect private property, and respect personal rights."

In his annual message of December 8, 1846, the President states that Texas, as ceded to the United States by France in 1803, has been always claimed as extending west to the Rio Grande; that this fact is established by declarations of our Government during Mr. Jefferson's and Mr. Monroe's administrations; and that the Texas which was ceded to Spain by the Florida treaty of 1819, embraced all the country now claimed by the State of Texas between the Nueces and the Rio Grande.

He then repeats the Acts of Texas with reference to their boundaries; stating that "during a period of more than nine years, which intervened between the adoption of her constitution and her annexation as one of the States of our Union, Texas asserted and exercised many acts of sovereignty and jurisdiction over the territory and inhabitants west of the Nueces; such as organizing and defining limits of counties extending to the Rio Grande; establishing courts of justice, and extending her judicial system over the territory; establishing also a custom-house, post-offices, a land-office, &c."

The President designates by the name of Texas, the cession of Louisiana by France to the United States; and he again calls the territory ceded to Spain by the Florida treaty of 1819, the Texas. He intimates that the claim of the United States to the territory between the Sabine and the Rio Norte, was derived from the boundaries of Texas, and that by claiming as far west as this river, the United States did recognize that it was the boundary of the Texas. I really do not understand what is meant by this assertion.

The United States claimed the Rio Norte as being the legitimate boundary of Louisiana, and not of Texas. Neither they nor France had ever been in possession of the country beyond the Sabine. Spain had always held possession, and had divided the territory into provinces as she pleased. One of these was called Texas, and its boundaries had been designated and altered at her will. With these the United States had no concern. If their claim could be sustained, it must be by proving that Louisiana extended of right thus far. This had no connection with the boundaries which Spain might have assigned to her province of Texas. These might have extended beyond the Rio del Norte, or have been east of the Rio Nueces. There is not the slightest connection between the legitimate boundaries of Louisiana, and those of the Spanish province of Texas. The presumed identity is a mere supposition.

It is not necessary to discuss the soundness of the pretensions to the Rio Norte, asserted by Mr. Jefferson and Mr. Monroe, since they were yielded in exchange of Florida and some other objects by the treaty of 1819; a treaty extremely popular at the time, and the execution of which was pressed with great zeal and perseverance.

Whenever ultimately ceded to Mexico, that republic fixed its boundaries as it thought proper. Texas and Cohahuila were declared to form a state; and the Rio Nueces was, made the boundary of Texas. When Texas declared itself independent, it was the insurrection of only part of a state; for Cohahuila remained united to Mexico. But the Rio Nueces was the boundary between the department of Texas and the state of Tamaulipas. The whole contested territory lies within the limits of Tamaulipas, which never was, under the Mexican Government, connected in any shape with Texas.

The question now under consideration is only that between the United States and Mexico; and in that view of the subject, it is quite immaterial whether the acts of the United States emanated from Congress, or from the Executive. No act of either, recognizing the country beyond the Nueces, as a part of the territory of the United States, can be alleged