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 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.
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