in it were elected to the Congress of the Republic
and served as such before the act of annexation took
place. In both the Congress and convention of
Texas which gave their assent to the terms of annexation
to the United States proposed by our Congress were
representatives residing west of the Nueces, who took
part in the act of annexation itself. This was
the Texas which by the act of our Congress of the
29th of December, 1845, was admitted as one of the
States of our Union. That the Congress of the
United States understood the State of Texas which they
admitted into the Union to extend beyond the Nueces
is apparent from the fact that on the 31st of December,
1845, only two days after the act of admission, they
passed a law “to establish a collection district
in the State of Texas,” by which they created
a port of delivery at Corpus Christi, situated west
of the Nueces, and being the same point at which the
Texas custom-house under the laws of that Republic
had been located, and directed that a surveyor to
collect the revenue should be appointed for that port
by the President, by and with the advice and consent
of the Senate. A surveyor was accordingly nominated,
and confirmed by the Senate, and has been ever since
in the performance of his duties. All these acts
of the Republic of Texas and of our Congress preceded
the orders for the advance of our Army to the east
bank of the Rio Grande. Subsequently Congress
passed an act “establishing certain post routes”
extending west of the Nueces. The country west
of that river now constitutes a part of one of the
Congressional districts of Texas and is represented
in the House of Representatives. The Senators
from that State were chosen by a legislature in which
the country west of that river was represented.
In view of all these facts it is difficult to conceive
upon what ground it can be maintained that in occupying
the country west of the Nueces with our Army, with
a view solely to its security and defense, we invaded
the territory of Mexico. But it would have been
still more difficult to justify the Executive, whose
duty it is to see that the laws be faithfully executed,
if in the face of all these proceedings, both of the
Congress of Texas and of the United States, he had
assumed the responsibility of yielding up the territory
west of the Nueces to Mexico or of refusing to protect
and defend this territory and its inhabitants, including
Corpus Christi as well as the remainder of Texas,
against the threatened Mexican invasion.
But Mexico herself has never placed the war which she has waged upon the ground that our Army occupied the intermediate territory between the Nueces and the Rio Grande. Her refuted pretension that Texas was not in fact an independent state, but a rebellious province, was obstinately persevered in, and her avowed purpose in commencing a war with the United States was to reconquer Texas and to restore Mexican authority over the whole territory—not to the Nueces