The Papers and Writings of Abraham Lincoln, Complete

by Abraham Lincoln

2. That the Republic of Texas always claimed the Rio Grande as her western boundary.

3. That, by various acts, she had claimed it on paper.

4. That Santa Anna, in his treaty with Texas, recognized the Rio Grande as her boundary.

5. That Texas before, and the United States after annexation, had exercised jurisdiction beyond the Nueces, between the two rivers.

6. That our Congress understood the boundary of Texas to extend beyond the Nueces.

Now for each of these in its turn:—

His first item is, that the Rio Grande was the western boundary of Louisiana, as we purchased it of France in 1803; and, seeming to expect this to be disputed, he argues over the amount of nearly a page to prove it true; at the end of which, he lets us know, that, by the treaty of 1819, we sold to Spain the whole country, from the Rio Grande eastward to the Sabine. Now, admitting for the present, that the Rio Grande was the boundary of Louisiana, what, under Heaven, had that to do with the present boundary between us and Mexico? How, Mr. Chairman, the line that once divided your land from mine can still be the boundary between us after I have sold my land to you, is, to me, beyond all comprehension. And how any man, with an honest purpose only of proving the truth, could ever have thought of introducing such a fact to prove such an issue, is equally incomprehensible. The outrage upon common right, of seizing as our own what we have once sold, merely because it was ours before we sold it, is only equalled by the outrage on common sense of any attempt to justify it.

The President's 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 public'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, &c. Now, all 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 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 at 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 treaty; that 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 president, commander-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 Texan 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.