of Texas always claimed this river [Rio Grande] as her western boundary.”  That is not true, in fact.  Texas has claimed it, but she has not always claimed it.  There is at least one distinguished exception.  Her State constitution the republic’s most solemn and well-considered act, that which may, without impropriety, be called her last will and testament, revoking all others-makes no such claim.  But suppose she had always claimed it.  Has not Mexico always claimed the contrary?  So that there is but claim against claim, leaving nothing proved until we get back of the claims and find which has the better foundation.  Though not in the order in which the President presents his evidence, I now consider that class of his statements which are in substance nothing more than that Texas has, by various acts of her Convention and Congress, claimed the Rio Grande as her boundary, on paper.  I mean here what he says about the fixing of the Rio Grande as her boundary in her old constitution (not her State constitution), about forming Congressional districts, counties, etc.  Now all of this is but naked claim; and what I have already said about claims is strictly applicable to this.  If I should claim your land by word of mouth, that certainly 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 substance—­or 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 conclusive—­besides 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 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