LIBRARY OF CONGRESS 014 646 884 6 TEXAS, AND HER RELATIONS WITH MEXICO. F 390 .09 Copy 1 ->*. SPEECH OF ROBERT DALE OWEN, OF INDIANA, Delivered in the House of Representatives of the United Slates, Jon. 8, 1845.. [The House being in Committee of tlie Whole on the State of the Union, and having under consid- eration Joint Resolution No. 46, for annexing Texas to the United States,] Mr. OWEN said: In the brief time which our rule allots to debate in this House, one is compelled to select from among the various topics of any im- portant subject. Leaving, then, the details of the several plans of annexation to be discussed by their authors, I shall say but a word on the constitution- al argument, already ably touched on; an argument, however, which it is difficult fully and with precis- ion to make, until we shall be able to distinguish in what particular form annexation is likely to be consummated. We have talked of a "treaty of annexation," un- 1 til these have become familiar words. Is it certain, ; that such an act can be properly consummated by a I treaty at all? A treaty is a compact between two I sovereign nations. Now, at what moment could I what we have called a treaty of annexation have . been such a compact' Not certainly before it was latified. Until then, ^t was of no force whatever; an escrow; inchoate, as lawyers say. But would it have been a treaty after its ratification? Suppose the Senate roll called, the ratifying vote given, and the instrument passed to the President; at the instant ■when his pen completed the approving signature, would it, even at that first moment of final ac- tion upon it, at that very first moment of its ■ legal existence, then have been a treaty? A j treaty between whom? A compact between what two sovereign powers? Between us and Texas' That approving signature would have stricken Texas from the independent sovereignties of the earth. And there would have remained nothing, but what is familiar enough to us — what Congress has often consummated, and will consummate again and again, as a matter of course — a compact between the federal government, and a portion of ©ur own territory; a compact coming within the province of Congress, not of the treaty-making power. There would be stipulations still to be fulfilled, but not what could be properly called treaty stipula- tions, for there would be no foreign sovereign power ther. existing, with whom we could fulfil them. My argument is not, that an act of annexation is nothing more than a compact between the general government and one of her Territories. I but say, tliat it resembles that quite as much as it resembles a treaty. But, in truth, it is neither the one nor the other. It is an act sui generis. Talk of pre- cedents to justify it! You might as well seek, in his ancestors, the fame of Napoleon Buona- parte. He was himself an ancestor! There never was, in the history of the world before, so far as my reading extends, an offer made by one of the inde- pendent nations of the earth to merge her sovereign- ty in that of another. It is a contingency wholly new. The action upon it must be new. Our action in this case will become a precedent. That we have the right, in some form, to extend our territory by accepting such a proposition, no sensible man, I thhik, can very seriously doubu A sovereign power without the power of receiving an accession of domain would be an anomaly in ju- risprudence, if not a contradiction in terms. To de- ny to a nation such a power of increase, is a sort of Shaker doctrine in politics, which we may expect to see received in theory, and acted out in practice, in this world, when the doctrines of Mother Ann Lee are professed and practised by mankind — not till then. Our decision as to the most appropriate form, in which to set so great a precedent, ought, is my judgment, to be chiefly determined l)y the consid- eration, that it is desirable it should receive the most complete national assent that can be given to it, under our institutions. And surely it is not the best mode of effecting such an object, to exclude from all participation in that assent, this, the popular and most numerous branch of the government. With these brief hints, I leave the constitutional point to others, older and of more experience in le- gislation than myself, and pass to a review of the sub- ject, ia its foreign aspect. I purpose to speak of th» justice and expediency of this great measure; in con- nection with the public sentiment of this country,, and with the laws of the civilized woild. In all mattera of controverBy, however important,^ there are commonly certain main principles, which once established, the whole subject in dispute is settled. And if we desire to obtain clear views of things, we do well to fix our eyes steadily on these, nor sutler our attention to be withdrawn by inciden- tal propositions, not relevant, or, at least, not es- sential. If this be true in the general, the remark applies with especial force to the subject before us. It would be difficult to find a matter, where the decisive Eoints at issue are so few and simple; yet one that as been so smothered'up by a load of extraneous matter, as this of Texas annexation. The right or wrong of the case is a question of public justice, of international law; it hangs not on the tone of a de- spatch or the wording of an accompanying docu- ment. The expediency of the measure involves considerations national in the widest sense of the term, co-extensive with the Union, reaching to after ■ ages; let it not be dwarfed down to a party wrangle, or a Northern and Southern dispute; a quarrel, that has no higher aim, than to give office to a man, or sustaining aid to a temporary institution. The public press is loaded down with comments on the aiplomatic encounters of ihe past year, be- tween us and IVTexico. These paper Aveapons may decide our opinion of men; they ought not to influ- ence our judgment of measures. Let those who find cause of offence in their language and spirit sutler me to remind them, that, when they have settled that point, they are no nearer the true issue than be- fore. We may not like the terms in which a claim is urged; yet, if we are just, we shall still look to the substance of the claim, not to the manner of pre- ferring it. It is easy and invidious to find fault, especially when a transaction is passed and its results have be- come apparent. Yet I trust 1 shall not give ofTence, nor be held failing in respect to the parties concern- ed, if 1 express regret, that the question of the right or the wrong of the Texian revolulion has been suffered to mingle, even incidentally, with the true issues, in our diplomatic correspondence with Mexico. The Texians, indeed, have most am- ple justification of their revolution. The war which gloriously ended at New Orleans thirty years ago this very day, was not more just than that by which Texas became independent. One half the provocation Texas has received would have dissevered our Union long ago. There is not a State of the twenty-six so poor of spirit, that her citizens would not have risen, as a man, against such usurpation. But however unquestionable the right, it is not one, in my judgment, which we were called upon, or which we should have permitted ourselves, to argue with Mexico. With Texas, not with us, was the question of past grievances against Mexican authority open, if open at all. But in truth it was closed; closed, long since, by that stern arbiter, the sword. Nor does it seem to me, that it was our place, as negotiators, even to allude to former rights under by-gone treaties. Do we claim Texas under the treaty of 1S03.' Not at all. Signor Rejon so con- strues it; but that is only one of tlie men of straw he Bets up, for the convenient pleasure of comfortably demolishing him again. As between us and Texas, the argument from that treaty, in its mora/ bearing, is a strong one; and as such I have, on a pvcvious occasion, alluded to it. Our solemn promise publicly made in 1803 we TJolated in 1819; and though we may not take ad- vantage of our own wrong still to claim Texas against our formal cession, yet neither are we re- leased irom our obligation to receive her, so soon as circumstances lawfully and honorably permit, and she herself desires, re-annexation. If any thing can strengthen our moral obligation to repan- a great wrong, committed for the sake of acquiring the Floridas, it is the fact, not generally known, that the Texians, numbering in 1819, over ten thousand free white inhabitants, formally- protested, jits< _/bur?«o»i;/is afltr the signature of the Florida treaty, against this abandoning of their per- sons and their territory to the tender mercies of Spain. In Niles's Register for 1819, at page 31, is to be found this protest. It is contained in "a copy of a declaration issued on the 23d of June ( 1819) by the supreme council of the republic of Texas," in which, after stating that the Texians had long indulged the hope that they would be included in the limits of our Union — a hope, they add, which the "claims of the United States, long and strenuously urged, have encouraged" — the Council proceeds to say: "The recent treaty between Spain ami the United States of America has dissipated an illusion too long fondly cher- ished, and has roused the citizens of Texas froiti the torpor into which a fancied security had lulled them. They have seen themselves, by a (jonvkntion to viiick thkv wf.ee no PARTY, LITF.KALLV ABANDONED TO THE DOMl.MON OF THC cFovvN OF Spain; and left a prey, not only to impositions already intolerable, but to all those exactions which Span- ish rapacity is fertile in devising." This remarkable protest is signed by the Pres^ identand Secretary of the "Supreme Council." If I am asked here to produce the credentials of these gen- tlemen, and to show under what precise law this Council was elected and qualified, my reply is, that in the early efforts after independence put forth by new and thinly settled countries, little of rigid for- mality can be expected. The declaration is an expression of public sentiment, as official, probably, as the then condition of Texas permitted. And ai all event.?, the authority of the Texian Council was quite as regular as that of stout Ethan Allen and hia handful of volunteers, when the old soldier, more than a year in advance of the Teclaration of Inde- pendence, thundered at the gates of Ticonderoga, and bade her surrender "in the name of the great Jehovah and the Continental Congress !" But till thi.3, I repeat, touches but the bark of the controversy. Let us penetrate that, and reach its substance at once. Texas is an independent Repuldic, occupying a separate and equal station among tlie nations of the earth, legally possessing her own .:^oil, lawfully ad- ministering her own laws, — or, she is hiu a revolted province, over which Mexico has preserved nil her rights; her government but a jirovisional usurpation, the title to her territory still m the mother country. Settle that one point — and, as regards the ques- tion in its foreign relations, every thing is settled. It seems strange to me, that wc should yet be re- quired to argue such a question. And yet we are. Day after day pour forth from the leading journal* of our opponents protests and denunciations. We who favor annexation are, if their words are to b« taken for it, but a band of land-robbers, on a magf- nificent scale; leagued together for the avowed pur- pose of filching from Mexico, without a color of right, some two hundred million acres of her lawful territory. History is ransacked for examples of similar profligate ambition; and, in a recent number of the National Intelligencer, (of December 24,) en } ; i our government is likened, without scruple, to "that -r> politic warrior and tyrant, Frederick the Great,;" . who, hr.ving "cast an eye of longing- upon part of a neighboring realm which suited him," bade liis Min- ^ • ister prepare a manifesto, making clear the justice of ^ his title. The Minister obeyed, setting forth "the -intended act of rapine as an errand of grace, mercy ■ and justice." »J» "All tbis" (aJc's the Intelligencer) "the ^Minister dvesseil i^' up in a very captivating form: nothing could be more right- ful, nothing more necessary for liis own safety from cn- > _ croachin^ ncighhors, nothing more charitable, nothing more ij* for the glory of God and the advancement of religion. . 'Stopl' cried Frederick, when his Minister came to that part ^' , of the .Manifesto; 'leave out God and religion: I want a province!' " Similar accusations find a voice on this floor. A gen- tleman from M^issachusetts, [Mr. Winthuop,] whose characterand standing give weight to the charge and demand for it a reply, scrupled not, but the otiier day. to denounce the proposed act of annexation as a scheme "monstrous beyond all power of expres- sion;" as a project, "contrary to the law of nations and in violation of the good faith of our own coun- try." My colleague [Mr. C. B. Smith] who has just spoken, takes the very same ground. He charac- terized tlie plan of annexation as an attempt "to rob Mexico of a part of her territory." Now, sir, 1, for one, when I give my vote, — as I hope yet this session to give it — for the annexation «f Texas to these United States, am not willing to give it silently, under such imputations. Let our op- ponents here prove to us — not assert it merely — tliat this projected annexation is but an "act of ra- pine;" that it is a trampling under foot of justice, morality, good faith, international law — that we have no better excuse for it than this, "we want a province!" — and, if all the dreams of Marco Polo were realized in Texas; if there, at last, were to be found Cipango's shores of gold, the treasures of Antilla — not by my vote should even such a land, wrongfully wrested from a weaker neighbor, becotne part of this, yet undishonored. Union ^ But in proof of charges so grave, there lacks something beyond mere idle iteration. There lacks proof, that Texas is not an independent State. I maintain, that she is; and if the Committee will give me brief attention, I purpose to show, somewhat more at large than on a previous occasion, good cause for t!ie opinion. Not lightly should this question be approached; rot heedlessly decided. Let us beware! The fate of our otTspring, the destinies of our descendants, may hang upon the decision. We, of the West es- pecially, are as birds of passage. Our instinct at- tracts us to regions distant and new. In Oregon, or elsewhere, the question may arise, as now, what is just revolution, and what, lawless revolt. In judg- ing the Texians to-day, we may be deciding, of our own children, in after years, whellier they sliall be held to be frc.:men meriting honor, or traitors de- serving death! Leaving out of view the prime cause of the Tcx- ian revolution — that "violation of the fundamental laws," which, Vatiel declares, gives to a sovereign's subjects "a legal right to resist him" — passing by that, we come to the fact, that, nine years ago, Mexico and Texas engaged in war. Texas was successful. She conquered, and has since peaceably possessed, her territory. Has she now a good title to that territory? Has she a right to convey it to whom she will? Let Grotuis answer; Grotius writing two centuries ago; writing under the eye of a king; dedicating his celc« brated work to a king. Our whig friends cannot ac- cuse me of dragging in the radicalism of some mod- ern innovator, to sustain my position. I presume to hope, that the counsellor of Q,ueen Christina, when he happens to decide in favor of liberty, will not be rejected by them as ultra-democratic au- thority. Yet here is his doctrine: "According to the law of nations, not only the person who malv.es war upon just grounds; but any one u-Uafe-tr ensa^fd in resiilar nndfurmid war,hecomes aliSoliUf pniprii- tor o/ tvcrythiiis which he takes from the enemy, so tliat all. nations fespect his title, and (!>>; title of all, who denve Ihruuiih hiia their claim to such possessions: which, a.s to all foreign relations, constitutes the true idea of dominion.''— Rights of War and Prare, Book HI, Chap. VI. As to the principle according to which the words "takes from the enemy" are to be construed, Gro- titis adds: "In this question upon tlie rights of war, nations have de- cided, that a person is undtrsloud to hare made n capture. when lie detains a thing in .mch a manner, that the owner has ahundoned oil jirohable hopes of recovering it." — Ibid. In regard to ships, for example, they are held to be captured, Grotius says, when they are "carried into some of the captor's ports, or to some place where their whole fleet is stationed." And as to personal effects generally, he informs us, that Euro- pean powers have made it an "establislied maxim of the law of nations," that "captures shall be deem- ed good and lawful which have continued in the enemy's possession for the space of twenty-four hours." As to lands, the principle is the same, but the ap- plication somewhat ditTerent. Grotius's words are: "Lands are not understooil to become a lawful possession and absolute conquest from the moment they are invaded, tor, although it is true, that an army takes immediate and violent possession of the country which it has invaded, yet that can only be considered as a temporary possession, un- accompanied by any of the rights and consequences alluded to in this work, till it has Ijeen secured Ay some durable means, by cession or by treaty." — Ibid. And a little further on is an example of the "du- rable means" here spoken of. He says: "Now land will be considered as- completely conquered when it is enclosed and secured by permanent fortifications, so that no other state or sovereign can liave free access to it without lirst making themselves masters of those fortifi- cations. On this account Flaccus, the Sicilian, assigns no improbable conjecture for the origin of the word territory, becan.;c the enemy is deterred from entering it." — Piid. Here, without cession, without treaty, fortifica- tions arc held to be "durable means" to secure terri- tory, and to give absolute title. Prom all this the rule of law is clear. Temporary possession of territory, by mere invasion, does not confer legal title. Permanent possession does. Possession to be permanent, must be secured by cession, by treaty, or by other durable means; as, for example, by f)rtifications. This latter condition was strictly applicable in former ages, when, as Zlenopb.on expressed it, "in time of war the po.=5- session of a country is kept by walls, strongholds and barriers." But such is not now the custom; and the law does not require what is nugatory and useless. Any oiher condition of things which de stroysall probable hopes of recovery; which i>ro- vidcs means as elfer-.tual as were the fortifications of the olden time, to deter the enemy from entering a conquered territory; docs, in fact, equally with that antique specification, confer legal title. Such a con- dition of things is a regular government, formally i!st