Note 13 — XXXII PEACE October, 1847-July, 1848

If we hold that Texas extended only to New Mexico, the treaty gave us 619,275 square miles (Donaldson, Public Domain, 124, 134). (Little) 198Gallatin, note on peace treaty; Roa Bárcena, Recuerdos, 618; 13Palmerston to Mora, June 20, 1848. The U. S. Supreme Court held (Merryman vs. Bourne, 9 Wallace, 592) that the acquisition of California was “complete on the seventh of July, 1846.” It said, “Conquest is a valid title, while the victor maintains the exclusive possession of the conquered country”; and the United States intended to do this in the region we took. On this and other points see Klein, Treaty, 247–81; Butler, Treaty-Making Power, i, 78, 168–9; U. S. Cavalry Journal, xxv, p. 18; Reid, Problems, 271–5. It was necessary to take territory from Mexico to offset our claims, quashed by the war (Richardson, Messages, iv, 537), and partially offset the costs of a war forced upon us, for, had the treaty awarded us a money indemnity, she would not have been willing and morally able, even if theoretically able, to pay it. (See Benton, Abr. Deb., xvi, 40–1.) Aside from the question of right, too, the American people would have been profoundly dissatisfied to see our armies return empty-handed, and this feeling would probably have meant more, to Mexico than the loss of her nominal territory (see Root in Cong. Globe, 30, 1, app., p. 395). Mexico could give up more easily what she did than any equivalent territory. (Map) Gadsden line at N. E. is disputed.