Now, if this is a treaty
recognizing the Rio Grande as the boundary of Texas, it contains the
singular feature of stipulating that Texas shall not go within five
leagues of her own boundary.
Next comes the evidence of Texas before annexation, and the United States
afterwards, exercising jurisdiction beyond the Nueces and between the two
rivers. This actual exercise of jurisdiction is the very class or quality
of evidence we want. It is excellent so far as it goes; but does it go
far enough? He tells us it went beyond the Nueces, but he does not tell
us it went to the Rio Grande. He tells us jurisdiction was exercised
between the two rivers, but he does not tell us it was exercised over all
the territory between them. Some simple-minded people think it is
possible to cross one river and go beyond it without going all the way to
the next, that jurisdiction may be exercised between two rivers without
covering all the country between them. I know a man, not very unlike
myself, who exercises jurisdiction over a piece of land between the
Wabash and the Mississippi; and yet so far is this from being all there
is between those rivers that it is just one hundred and fifty-two feet
long by fifty feet wide, and no part of it much within a hundred miles of
either.
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