ere 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 the 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 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 be