The act of the Texan Legislature, of course, no more depiived Mexico of her right to Santa Fe, than it could have depi'ived us of our right to Oregon. Mr. Polk, in claiming thus early the Rio Grande as the western boun- dary of the United States, and ordering a miUtary force to take possession of it, acted in his capacity of chief magistrate, and either with or without authority. As the claim he advanced to this boundary, and his measures to enforce that claim, led to hostilities, it is important to inquire how far this gentleman was authorised by the laws of his country, to involve it in the calamity of war.
It was only in the event of annexation, that Mr. Polk claimed the Rio Grande as the western boundary of the United States. Hence it becomes important to ascertain, if the act of annexation did indeed transfer to the United States the territories voted to itself by the Republic of Texas. The Tyler treaty of annexation was silent as to boundaries ; and wLy ? Let Mr. Calhoun, who negotiated it, answer. No sooner was the treaty signed, than the Secretary officially informed the Mexican Government, that the United States had " taken every precaution to make the terms of the treaty as little objectionable to Mexico as possible ; and, among others, has left the boun- dary of Texas without specification, so that what the line of boundary should be might be an ojjen question, to be fairly and fully discussed and nettled according to the ricfhts of each."
Notwithstanding this letter, it was objected to the treaty in the Senate, that the very absence of all specifi- ' cation of boundary might be regarded as an implied sanction of the ridiculous pretensions of Texas. Mr. Benton who, as we have seen, was on^of the earliest advocates of annexation, indignantly rejected the idea, that Texas could confer upon the United States title to territory she never owned. In his speech against the ratification of the treaty, he used the following language : " I wash my hands of all attempts to dismember the Mexican Repub- lic by seizing her dominions in New ^lexico, Chihuahua, Coahuila, and Tamaulipas. The treaty, in all that relates to the boundary of the Rio Grande, is an act