acuate the _territory_ of
Texas, _passing to the other side of the Rio Grande_, while the fourth
article of the secret agreement declares that a treaty of amity,
commerce and limits shall be made between Mexico and Texas, _the
territory of the latter power not to extend beyond the Rio Bravo del
Norte, or Rio Grande_. In conformity with these contracts, Texas set
free the prisoner, whose "prompt release and departure for Vera Cruz,"
according to their tenor, "were necessary for the fulfilment of his
_solemn oath_," to obtain a recognition of the independence of Texas,
and to dispose the Mexican cabinet for the reception of
commissioners.[91]

Santa Anna returned to his country in disgrace after his disastrous
campaign, and lurked in retirement at his farm until the French attacked
Vera Cruz, when he threw himself again at the head of the departmental
forces. In the action he fortunately lost a limb, and by the skilful
display of his mutilation in defence of Mexico, he renewed his claims
to national gratitude. Instead, however, of using his influence to
obtain the treaty, promised as the boon for his life, he became at once
the bitterest foe of Texas, and pledged himself to fight "forever for
its reconquest." Texas, meanwhile, acting in good faith, and presuming
to adopt the spirit and letter of the convention with Santa Anna, whom
she naturally regarded as the dictator of Mexico, passed the act of
December 19, 1836, establishing the Rio Grande as her boundary from the
gulf to its source. Besides this, her congress created senatorial and
representative districts west of the Nueces; organized and defined
limits of counties extending to the Rio Grande; created courts of
justice; spread her judicial system over the country wherever her people
roamed, and performed other acts of sovereignty which we are compelled
not to disregard. It cannot be contended that these acts and agreements
were alone sufficient, under the laws of nations, to confer upon Texas
unquestionable rights over the soil between the Nueces and the Rio
Grande, for a contract with the captive president and general was not
legally binding; but it is equally clear that all these arguments of the
old authorities as to the original boundary, and all the new claims set
up by Texas, under her statutes, as well as stipulations with Santa
Anna, made that territory a disputed ground whose real ownership could
only be equitably settled by negotiation. The strong languag