"The Republic of Texas is no more," proclaimed Anson Jones, the last
president of the republic, as he stood on the steps of the old wooden
Capitol building in Austin and hauled down the Lone Star flag. The date was
Feb. 19, 1846, and the ceremony was the culmination of years of effort on
the part of Jones, Sam Houston and other Texas leaders who orchestrated
Texas' annexation into the union.
The group argues that since Texas was an independent nation in 1845, and
nations make agreements by treaty, the United States could annex Texas only
by treaty. Only Congress has the power to admit new states, so a treaty
would have relegated Texas to territorial status. Moreover, the U.S. Senate
was in no mood to ratify an annexation treaty in 1845. It had rejected just
such a treaty in 1844. Thus was born the idea of annexing Texas -- as a
state -- by joint resolution of Congress. A joint resolution required only a
majority vote in each house, and Congress could admit new states.
The Republic of Texas insists that since Texas is an independent nation, its
status is governed by international law. But even if Texas were illegally
annexed, established principles of international law would defeat the
group's claims. The first of those principles is the doctrine of acquisitive
prescription -- Texas' long acquiescence in statehood removes any legal
defects in the United States' claim of sovereignty over Texas. The other
principle -- estoppel -- is similar. Since Texas asked to join the Union,
and the people voted for annexation, Texas cannot argue that the annexation
was illegal.
Finally, the group demands a referendum on the independence issue. Texas had
that referendum in 1845, and the people overwhelmingly favored statehood.
Nothing is left to be decided. Anson Jones' words remain true today: The
Republic of Texas is no more.
By RALPH H. BROCK
< This message was delivered via the Olympus Mailing List >
< For questions, mailto:owner-olympus@xxxxxxxxxxxxxxx >
< Web Page: http://Zuiko.sls.bc.ca/swright/olympuslist.html >
|