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;