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You can search through the full text of this book on the web at |http : //books . google . com/ ft' 2 2 e»r«.4or raiao v. a i ^T.l LAC LIBRARY OF THE UNIVERSITY OF TEXAS THE GENARO GARCIA COLLECTION f I I Google \ Digitized by Google Digitized by Google ANNUAL REPORT OF THE American Historical Association FOR THE YEAR 1908 IN TWO VOLUMES Vol. 11(1) Diplomatic Correspondence of the Republic of Texas : :P»rt:II : . WASHINGTON GOVERNMENT PRINTING OFFICE 1911 1 *) ^ n 7 »! Digitized by CuOOglC r Digitized by Google EIGHTH REPORT OF THE HISTORICAL MANUSCRIPTS COMMISSION. DIPLOMATIC CORRESPONDENCE OF THE REPUBLIC OF TEXAS. PART II. Digitized by Google Digitized by Google DIPLOMATIC CORRESPONDENCE OF THE REPUBLIC OF TEXAS. EDITED BY Profesior of History in the University of Texas. PART II. CORRESPONDENCE WITH THE UNITED STATES (concluded), MEXICO, AND YUCATAN. Digitized by Google Digitized by Google CONTENTS. Page. Introduction 29 Note on death of Professor Garriaou 33 Correspondence with the United States, 1843 to 1846 (with additional letters, 1835-1842), with Mexico and Yucatan, and with Great Britain and the European powers 35 Calendar of correspondence hitherto printed 35 Correspondence hitherto unpublished — Correspondence with the United States — Additional letters, 1835-1842— Sam Houston to J. Pinckney Henderson, December 31, 1836 51 James Webb to Alc6e La Branche, May 27, 1839 52 David G. Burnet to Richard G. Dunlap, June 3, 1839 53 Nathaniel Amory to Richard G. Dunlap, July 24, 1839 53 David G. Burnet to Richard G. Dunlap, August 19, 1839 54 T. Dunlap to Richard G. Dunlap, September 28, 1839 56 Nathaniel Amory to Richard G. Dunlap, October 25, 1839 56 John Emberson to Albert Sidney Johnston, September 2, 1839 (extract) 57 David G. Burnet to Alc6e La Branche, November 29, 1839 57 David G. Burnet to Alc6e La Branche, December 3, 1839 59 David G. Burnet to Alc^ La Branche, December 7, 1839 59 William Scurlock to David G. Burnet, November 30, 1839 60 William M. Williams to David G. Burnet, November 30, 1839 60 D. Rowlett to David G. Bumet, undated 61 David G. Bumet to Alc6e La Branche, December 16, 1839 61 David G. Bumet to Alc^ La Branche, December 17, 1839 63 David G. Bumet to Alc^e La Branche, December 20, 1839 63 D. Rowlett to David G. Bumet, January 5, 1840 64 David G. Bumet to Richard G. Dunlap, January 20, 1840 65 Abner S. Lipscomb to Alc^ La Branche, April 1, 1840 67 Deposition of Swagerty and others, July 10, 1840 68 Abner S. Lipscomb to James Hamilton and A. T. Bumley, AugUHt 15, 1840 69 Joseph Waplee to Barnard E. Bee, September 19, 1840 71 Abner S. Lipscomb to Geo. H. Flood, December 13, 1840 72 Joseph Waplee to Nathaniel Amory, January 5, 1841 72 Joseph Waples to Geo. H. Flood, January 28, 1841 73 Joseph Waplee to Geo. H. Flood, February 2, 1841 73 Joseph Waples to Geo. H. Flood, February 3, 1841 74 James S. Mayfield to Geo. H. Flood, February 12, 1841 74 James S. Mayfield to Barnard E. Bee, February 17, 1841 75 James S. Mayfield to Barnard E. Bee, March 22, 1841 77 Geo. H. Flood to Jamee S. Mayfield, March 25, 1841 79 James S. Mayfield to Geo. H. Flood, March 29, 1841 80 Geo. H. Flood to James S. Mayfield, March 31, 1841 81 James S. Mayfield to Barnard E. Bee, April 20, 1841 82 7 Digitized by Google 8 CONTENTS. Correspondence with the United States — Continued. Page. Additional letters, 1835-1842— Continued. James S. Mayfield to Nathaniel Amory, April 24, 1841 86 Samuel A. Roberta to Barnard E. Bee, June 21, 1841 87 Samuel A. Roberts to Barnard E. Bee, July 8, 1841 93 Samuel A. Roberta to Joseph Eve, August 11, 1841 94 Samuel A. Roberta to Joseph Eve, August 17, 1841 94 Samuel A. Roberts to Barnard E. Bee, September 7, 1841 96 Sam Houston to Joseph Eve, July 30, 1842 100 Sam Houston to A. B. Roman, September 12, 1842 101 Sam Houston to A. B. Roman, October 29, 1842 101 Correspondence for 1843-1846 — Isaac Van Zandt to Anson Jones, January 11, 1843 103 Joseph Eve to Anson Jones, January 11, 1843 (extract) 106 Isaac Van Zandt to Anson Jones, January 20, 1843 107 J. C. Spencer to Isaac Van Zandt, January 17, 1843 107 T. Hartley Crawford to Wm. Armstrong, January 12, 1843 107 R. Jones to W. Davenport and G. Loomis, January 13, 1843 108 Isaac Van Zandt to Anson Jones, January 25, 1843 115 Joseph Eve to Anson Jones, January 26, 1843 118 M. E. Hale to Joseph Eve, December 27, 1842 119 Charges for retention of the brig Retrieve 121 Anson Jones to Isaac Van Zandt, January 31, 1843 ^ 121 Anson Jones to Joseph Eve, February 5, 1843 122 Anson Jones to Isaac Van Zandt, February 10, 1843 123 Wm. Henry Daingerfield to Anson Jones, February 14, 1843 124 Anson Jones to Isaac Van Zandt, February 16, 1843 125 Sam Houston to Joseph Eve, February 17, 1843 (extract) , 128 Joseph Eve to Joseph Waples, February 27, 1843 128 Copy and sunmiary of instructions United States Department of State to Joseph Eve as charg^ to Texaa, June 15, 1841 129 Wm. Henry Daingerfield to Anson Jones, March 10, 1843 130 Joseph Eve to Anson Jones, March 13, 1843 131 Isaac Van Zandt to Anson Jones, March 13, 1843 132 ' Daniel Webster to Isaac Van Zandt, March 11, 1843 138 Isaac Van Zandt to William S. Archer, January 10, 1843 ^ . . . 139 Isaac Van Zandt to Anson Jones, April 5, 1843 149 Isaac Van Zandt to Daniel Webster, March 23, 1843 152 Joseph Eve to Anson Jones, April 13, 1843 163 Isaac Van Zandt to Anson Jones, April 19, 1843 164 Isaac Van Zandt to Anson Jones, April 21, 1843 168 Anson Jones to Joseph Eve, April 22, 1843 170 Joseph Eve to Anson Jones, April 28, 1843 171 ReubenM. Potter to A. M. Green, March 10, 1843 172 A. M. Green to Joseph Eve, March 17, 1843 172 Isaac Van Zandt to Anson Jones, May 3, 1843 173 Sam Houston to Joseph Eve, May 6, 1843 174 Anson Jones to Isaac Van Zandt, May 8, 1843 175 Anson Jones to Isaac Van Zandt, May 9, 1843 177 Joseph W. Robertson to Anson Jones, April 20, 1843 177 Chas. H. Raymond to Anson Jones, May 12, 1843 178 Anson Jones to Joseph Eve, May 16, 1843 179 Anson Jones to Joseph Eve, May 17, 1843 180 Anson Jones to Isaac Van Zandt, June 1, 1843 181 Digitized by Google CONTENTS. 9 Correspondence with the United States — Continued. Page. Jesse Benton to Anson Jones, May 1, 1843 182 Petition of James Bourland 183 Isaac Van Zandt to Anson Jones, June 5, 1843 186 Petition of Joseph Cooper to the Texan minister 187 Anson Jones to Isaac Van Zandt, June 8, 1843 189 Joseph Eve to President of Texas [Houston], June 10, 1843 190 Anson Jonee to Isaac Van Zandt, June 15, 1843 192 Isaac Van Zandt to Anson Jones, June 29, 1843 192 Anson Jones to Isaac Van Zandt, July 6, 1843 195 Anson Jones to Isaac Van Zandt, July 7, 1843 196 Isaac Van Zandt to Anson Jones, August 10, 1843 197 Isaac Van Zandt to Anson Jones, August 15, 1843 201 J. M. Porter to H. S. Legar^, May 11, 1843 203 William Armstrong to T. H. Crawford, April 10, 1843 203 William Armstrong to T. H. Crawford 203 Chas. H. Raymond to Anson Jones, August 20, 1843 204 Isaac Van Zandt to Anson Jones, August 31, 1843 205 Isaac Van Zandt to Anson Jones, September 18, 1843 207 Isaac Van Zandt to Anson Jones, September 18, 1843 211 Anson Jones to Isaac Van Zandt, September 29, 1843 212 M. C. Hamilton to Jacob Snively, February 16, 1843 217 Jacob Snively to Geo. W. HUl, July 9, 1843 218 Isaac Van Zandt to Anson Jones, October 16, 1843 221 Isaac Van Zandt to Anson Jones, November 4, 1843 224 Isaac Van Zandt to Anson Jones, November 30, 1843 228 W. S. Murphy to Anson Jones, December 1, 1843 230 Anson Jones to Isaac Van Zandt, December 13, 1843 232 W. S. Murphy to Anson Jones, December 24, 1843 236 Isaac Van Zandt to Anson Jones, January 2, 1844 236 Isaac Van Zandt to Anson Jones, January 20, 1844 239 A. P. Upshur to Isaac Van Zandt, January 16, 1844 244 Anson Jonee to Isaac Van Zandt, January 27, 1844 248 Anson Jones to J. Pinckney Henderson, February 15, 1844 252 Anson Jones to W. S. Murphy, February 16, 1844 253 Isaac Van Zandt to Anson Jones, February 22, 1844 254 J. H. Brewer to Isaac Van Zandt, January 31, 1844 (extract) 256 Isaac Van Zandt to A. P. Upshur, February 21, 1844 258 Anson Jones to Isaac Van 2iandt, February 24, 1844 259 Anson Jones to Henderson and Van Zandt, February 25, 1844 259 Isaac Van Zandt to Anson Jones, March 5, 1844 261 Isaac Van Zandt to Anson Jones, March 20, 1844 263 Isaac Van Zandt to Anson Jones, March 22, 1844 264 Isaac Van Zandt to Anson Jones, March 25, 1844 264 Anson Jones to Isaac Van Zandt, March 26, 1844 265 Anson Jones to Isaac Van Zandt, April 6, 1844 267 Anson Jones to Isaac Van Zandt, April 12, 1844 268 Van Zandt and Henderson to Anson Jones, April 12, 1844 269 Sam Houston to Henderson and Van Zandt, April 16, 1844 (extract) 273 Sam Houston to Van Zandt and Henderson, April 29, 1844 274 Anson Jones to Van Zandt and Henderson, May 2, 1844 276 Sam Houston to Van Zandt and Henderson, May 10, 1844 278 Isaac Van Zandt to Anson Jones, May 11, 1844 280 Sam Houaton to Van Zandt and Henderson, May 17, 1844 281 Digitized by Google 10 CONTENTS. Correapondence with the United States— Continued. Page. Van Zandt and Henderson to Anson Jones, May 25, 1844 283 Van Zandt and Henderson to Anson Jones, June 10, 1844 284 Isaac Van Zandt to Anson Jones, June 13, 1844 285 Van Zandt and Henderson to Anson Jones, June 15, 1844 286 Isaac Van Zandt to Anson Jones, June 18, 1844 287 Isaac Van Zandt to Anson Jones, July 6, 1844 288 Anson Jones to Isaac Van Zandt, July 13, 1844 289 A. M. Green to Anson Jones, July 14, 1844 290 Anson Jones to A. M. Green, July 22, 1844 291 Anson Jones to Charles H. Raymond, July 29, 1844. . .'. 292 Address of Tilghman A. Howard to Anson Jones, between August 2 and 6, 1844 293 Anson Jones's reply to Howard *s address 294 Anson Jones to Charles H. Raymond, August 6, 1844 295 Isaac Van Zandt to Anson Jones, August 8, 1844 297 J. H. Brower to Isaac Van Zandt, July 27, 1844 (extract) 299 Isaac Van Zandt to Anson Jones, August 16, 1844 300 Wm. Wilkins to John C. Calhoun, April 24, 1844 301 Proceedings of Court of Inquiry in case of Cooke, April 24, 1844 (extract). 302 D. Parker to John C. Calhoun, June 27, 1844 303 R. Jones to the Secretary of War [of the United States], June 27, 1844 303 R. Jones to Zachary Taylor, March 11, 1844 304 Zachary Taylor to AdjutantrGeneral [R. Jones], April 2, 1844 304 G. Loomis to W. W. S. Bliss, April 20, 1843 305 Isaac Van Zandt to Anson Jones, August 19, 1844 306 J. H. Brower to Isaac Van Zandt, August 16, 1844 (extract) 307 Isaac Van Zandt to Anson Jones, September 11, 1844 309 Charles H. Raymond to Anson Jones, September 12, 1844 310 Charles H. Raymond to Anson Jones, September 19, 1844 312 Charles H. Raymond to Anson Jones, October 1, 1844 313 Anson Jones to James Reily, October 16, 1844 315 Anson Jones to Charles H. Raymond, October 24, 1844 316 Charles H. Raymond to Anson Jones, November 27, 1844 317 A. J. Donelson to Anson Jones, December 2, 1844 318 M.S. CucuUu to John C. Spencer, April 26, 1844 319 Balie Peyton to M. S. CucuUu, April 26, 1844 320 Eddy and Moss to the collector of the customs at New Orleans, April 23, 1843 321 Agreement of Eddy and Moss with Wm. V. C. Dashiell, April 17, 1844 321 Notesof Eddy and Moss, April 17, 1844 322 Charles H. Raymond to the Secretary of State of Texas [Jones], December 4,1844 323 John C. Calhoun to Charles H. Raymond, December 2, 1844 324 Charles H. Raymond to John C. Calhoun, December 2, 1844 325 A. J. Donelson to Anson Jones, December 6, 1844 325 Anson Jones to A. J. Donelson, December 7, 1844 326 A. J. Donelson to Secretary of State [Allen,. arf interim], December 10, 1844. 327 Ebenezer Allen to A. J. Donelson, December 11, 1844 327 A. J. Donelson to Ebenezer Allen, December 13, 1844 328 Charles H. Raymond to the Secretary of State of Texas [Allen], December 30, 1844 329 John C. Calhoun to Charles H. Raymond, December 23, 1844 \ . . 330 Charlee H. Raymond to John C. Calhoun, December 27, 1844 331 Digitized by Google CONTENTS. 11 'Correspondence with the United States — Continued. Page. Ebenezer Allen to A. J. Donelson, January 4, 1845 332 Charles H. Raymond to Ebenezer Allen, January 4, 1845 334 A.J. Donelson to Ebenezer Allen, January 6, 1845 335 Ebenezer Allen to Charles H. Raymond, January 10, 1845 337 Charles H. Raymond to Ebenezer Allen, January 11, 1845 339 Ebenezer Allen to Charles H. Raymond, January 16, 1845 340 Charles H. Raymond to Ebenezer Allen, January 16, 1845 341 Ebenezer Allen to Charles H. Raymond, January 20, 1845 342 Deposition of George W. Wright, January 18, 1845 343 Deposition of James Bourland, January 18, 1845 344 A. J. Donelson to Ebenezer Allen, January 20, 1845 346 Duff Green to A. J. Donelson, January 20, 1845 347 Williams, Thurston, and Meggerson to Duff Green, January 1, 1845 348 A. J. Donelson to Ebenezer Allen, January 21, 1845 349 Ebenezer Allen to A. J. Donelson, January 21, 1845 350 Charles H. Raymond to Ebenezer Allen, January 27, 1845 352 John C. Calhoun to Charles H. Raymond, January 22, 1845 353 Charles H. Raymond to Ebenezer Allen, February 6, 1845 354 Charles H. Raymond to John C. Calhoun, February 6, 1845 354 Ashbel Smith to A. J. Donelson, February 10, 1845 355 Ashbel Smith to Charles H. Raymond, February 11, 1845 358 Charles H. Raymond to Ebenezer Allen, February 18, 1845 359 Charles H. Raymond to John C. Calhoun, February 10, 1845 360 Charles H. Raymond to John C. Calhoun, February 11, 1845 361 Charles H. Raymond to Ebenezer Allen, February 21, 1845 362 Charles H. Raymond to Ebenezer Allen, February 28, 1845 364 Ashbel Smith to Charles H. Raymond, March 21 , 1845 365 Ashbel Smith to Stewart Newell, March 24, 1845 366 Charles H. Raymond to Ashbel Smith, March 31, 1845 367 A. J. Donelson to Ebenezer Allen, April 7, 1845 : 369 Charles H. Raymond to Ebenezer Allen, April 30, 1845 374 Charles H. Raymond to Ebenezer Allen, May 19, 1845 377 Ebenezer Allen to David S. Kaufman, July 10, 1845 381 Ebenezer Allen to David S. Kaufman, July 10, 1845 382 Anson Jones to James K. Polk, July 12, 1845 386 Ebenezer Allen to William D. Lee, August 2, 1845 388 T. Hartley Crawford to Andrew J. Donelson, July 29, 1845 390 E. A. Rhodes to Ebenezer Allen, August 21, 1845 390 J. Y. Mason to E. A. Rhodes, August 7, 1845 391 E. A. Rhodes to Ebenezer Allen, August 21, 1845 391 Anson Jones to Zachary Taylor, August 23, 1845 393 Ebenezer Allen to E. A. Rhodes, August 30, 1845 395 William D. Lee to Ebenezer Allen, September 8, 1845 398 James Buchanan to William D. Lee, September 6, 1845 399 William D. Lee to James Buchanan, September 8, 1845 400 David S. Kaufman to Ebenezer Allen, September 30, 1845 401 David S. Kaufman to James Buchanan, September 23, 1845 402 WilliamD. Lee to Ebenezer Allen, October 8, 1845 406 Ebenezer Allen to David S. Kaufman, October 15, 1815 409 William D. Lee to Ebenezer Allen, October 21, 1845 410 W. L. Marcy to David S. Kaufman, October 10, 1845 410 David S. Kaufman to Ebenezer Allen, November 3, 1845 411 William D. Lee to Ebenezer Allen, November 8, 1845 412 Digitized by Google 12 CONTENTS. Correspondence with the United States— Continued. P«Ke.- William D. Lee to James Buchanan, November 6, 1845 413 Anson Jones to James K. Polk, November 12, 1845 414 Joseph C. Eldredge to E. A. Rhodes, November 29, 1845 415 Anson Jones to James K. Polk, February 16, 1846 415 R. J. Walker to Hiram G. Runnels, March 25, 1846 416 Correspondence with Mexico — David G. Burnet to Anto. Lopez de Santa Anna, May 17, 1836 418 David G. Burnet to Anto. Lopez de Santa Anna, May 19, 1836 419 David G. Burnet to Anto. Lopez de Santa Anna, May 20, 1836 420 David G. Burnet to Anto. Lopez de Santa Anna, May 20, 1836 420 Anto. Lopez de Santa Anna to David G. Burnet, June 4, 1836 421 Anto. Lopez de Santa Anna to David G. Burnet, June 8, 1836 421 Anto. Lopez de Santa Anna to David G. Burnet, June 8, 1836 422 Anto. Lopez de Santa Anna to Sam Houston, October 24, 1836 423 Stephen F. Austin to Fran. Pizarro Martinez, November 30, 1836 424 Geo. W. Hockley to Sam Houston, December 13, 1836 425 Geo. W. Hockley to Sam Houston, December 13, 1836 426 Barnard E. Bee to Sam Houston, December 14, 1836 427 Fran. Pizarro Martinez to Stephen F. Austin, December 29, 1836 428 A. J. Yates to Stephen F. Austin, January 4, 1837 428 Correspondent in Tampico to T. Toby, January 7, 1837 429 Correspondent in Tampico to T. Toby, January 26, 1837 429 Antonio Canales to Mirabeau B. Lamar, December 17, 1838 430 James Webb to Barnard E. Bee, February 20, 1839 432 Barnard E. Bee to James Webb, undated 437 James Webb to Barnard E. Bee, March 7, 1839 437 Barnard E. Bee to James Webb, April 1, 1839 438 Barnard E. Bee to James Webb, April 6, 1839 438 Barnard E. Bee to James Webb [April 7, 1839] 439 Barnard E. Bee to James Webb, iindated 440 Barnard E. Bee to James Webb, April 18, 1839 441 Barnard E. Bee to James Webb, April 30, 1839 442 Barnard E. Bee to James Webb, May 1, 1839 443 Barnard E. Bee to James Webb, May 9, 1839 443 Barnard E. Bee to James Webb, May 13, 1839 444 Geo. L. Hammeken to James Hamilton, May 19, 1839 445 Geo. L. Hanmieken to James Webb, May 20, 1839 446 Barnard E. Bee to James Webb, May 24, 1839 447 Barnard E. Bee to James Webb, May 28, 1839 449 James Hamilton to Mirabeau B. Lamar, June 22, 1839 450 J. R. Poinsett to James Hamilton, May 31, 1839 452 James Hamilton to Mirabeau B. Lamar, June 28, 1839 453 James Hamilton to R. Copeland, June 29, 1839 454 Barnard E. Bee to James Webb, June, 1839 455 Barnard E. Bee to James Webb, July 5, 1839 457 Barnard E. Bee to James Webb, July 6, 1839 458 James Hamilton to Mirabeau B. Lamar, July 8, 1839 459 Barnard E. Bee to James Webb, July 9, 1839 460 Barnard E. Bee to James Webb, undated 462 Barnard E. Bee to James Webb, July, 1839 463 James Webb to Barnard E. Bee, July 11, 1839 464 Barnard E. Bee to James Webb, July 24, 1839 465 BaniaxdE. Bee to James Webb, July 26, 1839 466 Digitized by Google CONTENTS. 13 Correspondence with Mexico— Continued. Page. Barnard E. Bee to [Lamar], July [?] 3839 467 James Hamilton to Mirabeau B. Lamar, August 1, 1839 468 Mirabeau B. Lamar to James Treat, August 9, 1839 469 David G. Burnet to James Treat, August 9, 1839 470 Barnard E. Bee to David G. Burnet, August 13, 1839 472 Jacob Barker to Barnard E. Bee, August 32, 1839 474 James Treat to David G. Burnet, August 33, 3839 475 DaAdd G. Burnet to James Treat, August 19, 1839 476 James Treat to Mirabeau B. I^mar, September 3, 1839 477 James Treat to David G. Burnet, September 3, 1839 478 James Treat to David G. Burnet, September 10, 1839 482 James Treat to David G. Burnet, September 18, 1839 484 James Treat to Mirabeau B. I^mar, September 18, 1839 486 A Friend of Treat in Mexico to a Friend of Treat in New Orleans [Vitalba], August 2, 1839 '. 487 A Friend of Treat in New Orleans [Vitalba] to James Treat, September 2,1839 487 James Treat to David G. Biumet, September 21, 1839 488 James Treat to David G. Burnet, Octobers, 1839 490 James Treat to David G. Burnet, October 10, 1839 492 James Treat to David G. Burnet, October 23, 1839 494 A. S. Wright to Wm. Bryan, November 21, 1839 496 James Treat to David G. Burnet, November 28, 1839 500 James Treat to David G. Burnet, November 29. 1839 501 A. S. Wright to William Bryan,* December 7, 1839 503 Juan de Dios Cafiedo to R. Pakenham, December 11, 1839 505 James Treat to Mirabeau B. Lamar, December 12, 1839 505 James Treat to Mirabeau B. Lamar, December 12, 1839 506 James Treat to James Hamilton, December 16, 1839 507 James Treat to Mirabeau B. Lamar, December 20, 1839 512 David G. Burnet to James Hamilton, December 23, 1839 517 A. S. Wright to Wm. Bryan, December 25, 1839 518 A. S. Wright to John Merle, December25, 1839 520 A. S. Wright to Wm. Bryan, December 27, 1839 520 James Treat to Mirabeau B. Lamar, December 31, 1839 523 James Hamilton to David G. Burnet, January 7, 1840 527 James Treat to Mirabeau B. Lamar, January 7, 1840 527 James Treat to Mirabeau B. Lamar, January 18, 1840 529 James Treat to Mirabeau B. Lamar, January 22, 1840 536 James Treat to Mirabeau B. Lamar, January 31, 1840 538 James Treat to Mirabeau B. Lamar, February 1, 1840 542 James Treat to Mirabeau B. Lamar, February 4, 1840 543 Abner S. Lipscomb to Barnard E. Bee, February 6, 1840 546 James Treat to Mirabeau B. Lamar, February 6, 1840 545 James Treat to Mirabeau B. Lamar, February 7, 1840 548 James Treat to Juan de Dios CaAedo, January 24, 1840 550 James Treat to Juan de Dios Cafiedo, January 24, 1840 551 James Treat to Juan de Dios Cafiedo, February 7, 1840 553 James Treat to Mirabeau B. Lamar, February 8/ 1840 559 James Treat to Mirabeau B. Lamar, February 8, 1840 560 James Treat to Mirabeau B. Lamar, February 15, 1840 564 James Treat to Mirabeau B. Lamar, February 21, 1840 570 James Treat to Juan de Dios Cafiedo, January 24, 1840 572 1 ^^ll^ 1 ^ ' ' ' '^ Digitized by GoOglC 14 CONTENTS. Correspondence with Mexico— Continued. Page. James Treat to Juan Nepomuceno Almonte, January 24, 1840 573 James Treat to Juan de Dies Cafiedo, February 4, 1840. .* 575 James Treat to Juan de Dies Cafiedo, February 10, 1840 576 James Treat to Juan de Dios Cafiedo, February 12, 1840 576 James Treat to Mirabeau B. Lamar, February 22, 1840 577 James Treat to Mirabeau B. Lamar, February 29, 1840 579 David G. Burnet to James Treat, March 12, 1840 581 David G. Burnet to R. Pakenham, March 12, 1840 583 David G. Burnet to R. Pakenham, March 12, 1840 583 James Treat to Mirabeau B. Lamar, March 25, 1840 584 James Treat to Mirabeau B. Lamar, March 27, 1840. 587 Propositions of Texas to Mexico, March 21, 1840 592 Basis of a Treaty between Mexico and Texas [March 21, 1840] 592 James Treat to Mirabeau B. I^amar, March 31, 1840 593 Abner S. Lipscomb to James Treat, April 1, 1840 595 Abner S. Lipscomb to Hamilton and Burnley, April 1, 1840 596 James Treat to Secretary of State [Lipscomb], April 10, 1840 597 Jas. Ogilvy to R. Pakenham, August 20, 1839 597 Jas. Ogilvy to R. Pakenham, August 20, 1839 600 James Treat to Mirabeau B. Lamar, April 10, 1840 601 James Treat to Mirabeau B. Lamar, April 10, 1840 601 Correspondent at Vera Cruz to David G. Burnet, April 16, 1840 606 James Treat to Mirabeau B. Lamar, April 21, 1840 606 James Treat to Juan de Dios Cafiedo, April 20, 1840 608 A. S. Wright to Barnard E. Bee, Februarys, 1840 609 Barnard E. Bee to Secretary of State [Lipscomb], April 21, 1840 612 James Treat to Mirabeau B. Lamar, April 24, 1840 612 R. Pakenham to David G. Burnet, April 25, 1840 614 James Treat to Mirabeau B. Lamar, April 30, 1840 615 A. S. Wright to Barnard E. Bee, August 29, 1839 615 A. S. Wright to Barnard E. Bee, November 10, 1839 618 A. S. Wright to Barnard E. Bee, November — , 1839 620 A. S. Wright to Barnard E. Bee, November 18, 1839 624 Barnard E. Bee to Secretary of State [Lipscomb], April 30, 1840 C32 Abner S. Lipscomb to James Hamilton, May 4, 1840 632 Abner S. Lipscomb to James Treat, May 7, 1840 633 James Treat to Mirabeau B. Lamar, May 7, 1840 634 James Treat to Mirabeau B. Lamar, May 28, 1840 636 James Treat to James Ritchie, June 3, 1840 639 James Treat to Mirabeau B. Lamar, June 3, 1840 640 James Treat to Mirabeau B. Lamar, June 6, 1840 641 Abner S. Lipscomb to James Treat, June 13, 1840 642 James Treat to Mirabeau B. Lamar, June 14, 1840 646 James Treat to Abner S. Lipscomb, June 19, 1840 649 Mirabeau B. Lamar to E. W. Moore, June 20, 1840 651 A. S. Wright to Barnard E. Bee, June 25, 1840 652 A. S. Wright to Barnard E. Bee, July 1, 1840 657 James Treat to Abner S. Lipscomb, July 4, 1840 662 James Treat to Mirabeau B. Lamar, July 4, 1840 663 James Treat to Juan de Dios Cafiedo, June 20, 1840 665 Barnard E. Bee to James Treat, April 28, 1»40 665 James Treat to Abner S. Lipscomb, July 13, 1840 666 James Treat to Mirabeau B. Lamar, July 13, 1840 668 Digitized by Google CONTENTS. 15 Correspondence with Mexico — Continued. Page. James Treat to Mirabeau B. Lamar, July 23, 1840 670 James Treat to Abner S. Lipscomb, August 11, 1840 674 James Treat to Mirabeau B. Lamar, August 11, 1840 675 A. S. Wright to Barnard E. Bee, July 27, 1840 677 A. S. Wright to Barnard E. Bee, August 18, 1840 682 James Treat to Mirabeau B. Lamar, August 21, 1840 683 James Treat to Abner S. Lipscomb, August 21, 1840 684 Memorandum explaining attitude of Mexico towards Texas, August 19, 1840 688 James Treat to E. W. Moore, August 21, 1840 690 E. W. Moore to James Treat, August 25, 1840 693 E. W. Moore to Muabeau B. Lamar, August 28, 184Q 695 E. W. Moore to Abner S. Lipscomb, August 28, 1840 696 James Treat to Abner S. Lipscomb, September 7, 1840 697 Memorandum communicated by Treat to Mexican Government, Septem- ber 5, 1840 700 Abner S. Lipscomb to James Treat, September 15, 1840 703 James Treat to Abner S. Lipscomb, September 29, 1840 •. 704 Agent of Texas [Treat] to Secretary of State of Mexico [Cafledo], Septem- ber 21, 1840 706 Preliminary memorandum for arrangement of armistice between Mexico and Texas, September 25, 1840 708 James Treat to Abner S. Lipscomb, October 6, 1840 708 James Treat to Abner S. Lipscomb, October 17, 1840 711 James Treat to Abner S. Lipscomb, October 25, 1840 711 E. W. Moore to James Treat, October 29, 1840 713 E. W. Moore to Joaquin Rivas Sayas, October 16, 1840 714 Joaquin Rivas Sayas to E. W. Moore, October 17, 1840 715 Nathaniel Amory to Abner S. Lipscomb, November 27, 1840 716 Juan N. Leplicher to Nathaniel Amory, October 17, 1840 -717 A. S. Wright to Nathaniel Amory, October 17, 1840 718 Juan Vitalba to Mirabeau B. Lamar, December 8, 1840 720 James Treat to R. Pakenham, October 10, 1840 721 James Treat to R. Pakenham, October 14, 1840 722 James Treat to R. Pakenham, October 14, 1840 723 R. Pakenham to James Treat, September 29, 1840 723 Juan de Dies Cafiedo to R. Pakenham, September 26,^.840 725 R. Pakenham to James Treat, October 14, 1840 726 R. Pakenham to James Treat, October 15, 1840 726 R. Pakenham to James Treat, October 21, U540 727 R. Pakenham to James Treat, November 5, 1840 727 James Treat to E. W. Moore, October 6, 1840 729 James Treat to E. W. Moore, September 30, 1840 729 A. S. Wright to Mirabeau B. Lamar, March 18, 1841 731 James S. May field to James Webb, March 22, 1841 732 List of Documents furnished Webb, undated 736 Samuel A. Roberts to Cooke and others, June 15, 1841 737' Samuel A. Roberts to Wm. G. Cooke, June 15, 1841 743 Samuel A. Roberts to Rafael Uribe, June 23, 1841 747 Samuel A. Roberts to Van Ness and Morris, June 24, 1841 748 Mirabeau B. Lamar to Mariano Arista, June 24, 1841 749 James Webb to James S. Mayfield, June 29, 1841 751 James Webb to Ignacio de Mora, May 31, 1841 752 Digitized by Google 16 CONTENTS. Correspondence with Mexico^-Continued. Page. Ignacio de Mora to James Webb, May 31, 1841 753 James Webb to R. Pakenham, June 1, 1841 753 R. Pakenham to James Webb, June 10, 1841 755 Sebastian Canacho to R. Pakenham, June 8, 1841 757 R. Pakenham to James S. Mayfield, June 10, 1841 758 James Webb to R. Pakenham, June 16, 1841 759 James Webb to Mirabeau B. Lamar, June 29, 1841 760 Samuel A. Roberts to James Webb, July 7, 1841 766 John D. Morris to Samuel A. Roberts, September 13, 1841 767 John D. Morris to Samuel A. Roberts, September 30, 1841 768 Van Ness and Morris to Rafael Uribe [July 18, 1841) 768 Van Ness and Morris to Carrasco, July 25, 1841 772 Van Ness and Morris to Mariano Arista, August 6, 1841 774 Mariano Arista to Van Ness and Morris, August 8, 1841 776 Brenham and Cooke to Secretary of State [Roberts], November 9, 1841 777 Anson Jones to James Hamilton, December 26, 1842 784 Sam Houston to Secretary of State [Jones], June 10, 1843 785 Sam Houston to*Hockley and Williams, February 3, 1843 786 G. W. Hill to Adrian Woll, July 29, 1844 789 Reuben M. Potter to Ashbel Smith, March 18, 1845 790 Correspondence with Yucatan — Mirabeau B. Lamar to Governor of Yucatan, July 20, 1841 792 Miguel Barbachano to Mirabeau B. Lamar, August 24, 1841 793 Martin F. Peraza to Samuel A. Roberts, September 11, 1841 794 Samuel A. Roberts to Martin F. Peraza, September 13, 1841 795 Martin F. Peraza to Samuel A. Roberts, September 18, 1841 796 E. W. Moore to PedrffLemus, January 13, 1842 797 Pedro Lemus to E. W. Moore, January 14, 1842 798 Joaquin G. Rej6n to Secretary of State [Waples, acting], January 18, 1842. . 799 Joaquin G. Rei6n to Secretary of State [Waples, acting], January 18, 1842. . 800 Decree of Yucatdn Congress concerning the Zavala, September 1, 1840. . 801 Instructions to Peraza, August 24, 1841 801 Joaquin G. Rej6n to President of Texas, April 9, 1842 804 Pedro Lemus to Secretary of State [Rej6n], April 8, 1842 804 Correspondence with Great Britain — R. A. Irion to J. Pinckney Henderson, June 25, 1837 808 J. Pinckney Hendersdh to Secretary of State [Irion], July 24, 1837 810 R. A. Irion to J. Pinckney Henderson, August 23, 1837 810 J. Pinckney Henderson to Secretary of State [Irion], October 14, 1837 812 J. Pinckney Henderson to Lord Palmerston, October 11, 1837 812 I^rd Palmerston to J. Pinckney Henderson, October 12, 1837 812 J. Pinckney Henderson to Lord Palmerston, October 12, 1837 812 J. Pinckney Henderson to R. A. Irion, November 5, 1837 821 J. Pinckney Henderson to Lord Palmerston, October 26, 1837 821 Lord Palmerston to J. Pinckney Henderson, October 31, 1837 829 J. Pinckney Henderson to Lizardi agA. Asbbel Smith to Anson Jones, September 19, 1843 1462 Viscount J. de Cramayel to Anson Jones, September 30, 1843 1464 Sam Houston to Anson Jones, October 6, 1843 .: 1467 Ashbel Smith to Anson Jones, October 14, 1843 1467 Al. Bourgeois to Ashbel Smith, October 8, 1843 1468 Charles de Castell to Al. Bourgeois, September 26, 1843 1469 Ashbel Smith to Al. Bourgeois, October 3, 1843 1470 Anson Jones to Viscount J. de Cramayel, October 20, 1843 1471 Ashbel Smith to Anson Jones, October 30, 1843 1472 Wm. Henry Daingerfield to Ashbel Smith, November 8, 1843 1474 Ashbel Smith to Anson Jones, December 30, 1843 1476 Ashbel Smith to Anson Jones, January 29, 1844 1478 Ashbel Smith to Anson Jones, February 26, 1844 1479 •Anson Jones to Ashbel Smith, March 26, 1844 1482 Ashbel Smith to Anson Jones, May 6, 1844 1483 Ashbel Smith to Anson Jones, June 2, 1844 1485 Ashbel Smith to Anson Jones, August 13, 1844 1488 Ashbel Smith to Anson Jones, October 16, 1844 1489 Ashbel Smith to Anson Jones, November 13, 1844 1490 M. Guizot to Anson Jones, December 4, 1844 1492 A. de Saligny to Ashbel Smith, March 4, 1845 1492 Ashbel Smith to A. de Saligny, March 13, 1845 1493 G. W. Terrell to Ashbel Smith, March 18, 1845 1494 Terrell's address to the King of France, undated 1496 Reply of the King of France to Terrell's address, undated 1497 G . W. TerreU to M. Guizot, March 15, 1845 1498 Ashbel Smith to A. de Saligny, March 21, 1845 1503 A. de Saligny to Ebenezer Allen, January 14, 1846 1504 Ebenezer Allen to A. de Saligny, February 10, 1846 1505 Correspondence with Spain — Ashbel Smith to Washington Irving, September 7, 1842 1507 Ashbel Smith to Anson Jones, September 8, 1842 1508 Ashbel Smith to General Sancho, September 7, 1842 1512 Anson Jones to Ashbel Smith, February 16, 1843 1514 Ashbel Smith to Martinez de La Rosa, February, 1844 1516 Correspondence with Prussia — Wm. Henry Daingerfield to Lachlin M. Rate, January 26, 1845 1519 Wm. Hienry Daingerfield to Baron Roenne, January 27, 1845 1520 Wm. Henry Daingerfield to G. W. Terrell, February 5, 1845 1521 Correspondence with Belgium — James Hamilton to Abner S. Lipscomb, September 10, 1840 1524 James Hamilton to Abner S. Lipscomb, January 4, 1841 1525 James Hamilton to Secretary of State [Roberts], November 3, 1841 1527 Anson Jones to Victor Pirson, March 4, 1842 1528 Wm. Henry Daingerfield to Anson Jones, May 16, 1843 1529 Wm. Henry Daingerfield to Count d' Alviella, December 14, 1843 1530 Correspondence with the Netherlands — James Hamilton to Abner S. Lipscomb, July 3, 1840 1531 Abner S. Lipscomb to James Hamilton, September 15, 1840 1532 James Hamilton to Abner S. Lipscomb, October 3, 1840 1532 Anson Jones to Wm. Henry Daingerfield, March 26, 1842 1533 Anson Jones to James Hamilton, June 4, 1842 1534 Anson Jones to Wm. Henry Daingerfield, January 20, 1843 1534 Digitized by Google Correspondence with the NetherhindB — Continued. Paga Wm. Henry Daingerfield to Anson Jones, November 12, 1843 1537 Henry Castro to Anson Jones, October 25, 1843 1540 Anson Jones to Wm. Henry Daingerfield, July 14, 1844 1542 Wm. Henry Daingerfield to Lachlin M. Rate, December 12, 1844 1543 Correspondence with the Hanse Towns — Wm. Henry Daingerfield to Anson Jones, February 3, 1843 1545 Anson Jones to Wm. Henry Daingerfield, February 20, 1843 1546 Memorandum of Daingerfield, September 9, 1843 1547 Wm. Henry Daingerfield to Anson Jones, September 25, 1843 1548 Wm. Henry Daingerfield to V. Rumpff, January 5, 1844 1553 Wm. Henry Daingerfield to Ashbel Smith, February 14, 1844 1554 Wm. Henry Daingerfield to V. Rumpff, March 17, 1844 1555 Wm. Henry Daingerfield to V. Rumpff, March 27, 1844 1556 Wm. Henry Daingerfield to Anson Jones, April 20, 1844 1557 AI. BourgeoistoSecretary of State [Jones], April 20, 1844 1561 Convention of Friendship, Commerce, and Navigation between the Repub- lic of Texas and the Hanseatic Republics of Lubeck, Bremen, and Ham- burg, April 17, 1844 1563 Wm. Henry Daingerfield to Anson Jones, April 22, 1844 1569 Wm. Henry Daingerfield to Anson Jones, July 28, 1844 1570 Wm. Henry Daingerfield to Senator Gildmeister, December 21, 1844 1573 R. Sieveking to Wm. Henry Daingerfield, January 13, 1845 1574 Wm. Henry Daingerfield to G. W. Terrell, January 14, 1845 1574 Ashbel Smith to Wm. Henry Daingerfield, February 13, 1845 1576 Wm. Henry Daingerfield to Ebenezer Allen, July 1, 1845 1577 Wm. Henry Daingerfield to Ashbel Smith, July 1, 1845 1579 Wm. Henry Daingerfield to R. Sieveking, October 1, 1845 1582 Wm. Henry Daingerfield to Ebenezer Allen, February 2, 1846 1582 Correspondence with the Papal States 1583 Addenda and Corrigenda 1586 Index, Parts I and II 1591 Digitized by Google Digitized by Google rN-TEODUOTIOK In editing Part II of the Diplomatic Correspondence of the Republic of Texas, the same difficulties which appeared in deaUng with Part I have manifested themselves with much greater intensity, and to them have been added some new ones. The effort to restore the original grouping has been especially difficult. In the files, inclosures have generally been found separate from the letters with which they were transmitted and placed in order of dates-; and, in the records, though they frequently indicate the arrangement of the communications and other matter as sent or received, there is some- times such confusion that they become utterly useless for the pur- pose. Besides this, some of the letters received, both those sent independently and those inclosed with others, have been taken out of the "diplomatic" correspondence and filed with other series in the archives, such as *' colonization," "financial affairs," "army papers," etc.; and the task of discovering them and returning them to their places in the correspondence has not been easy. It is hoped, however, that, while a httle doubt remains in some cases, the endeavor to restore the original arrangement has been fairly successful. The principal aim, both in the arrangement of the letters and in the annotations, has been to throw as much light as possible on the internal relations of the Correspondence. In this way, it is believed, will the publication of it be given the highest degree of value for the investigator. The external relations, which can be so much more easily worked out by readers unable to reach the Texan archives but with fair library facilities available, have received much less attention. Part n has been a little more liberally edited than Part I. Errors in the original documents that are evidently the result of pure inadvertence have been corrected, with notes where they have seemed important enough to call for it, but frequently without. The supposition of inadvertence in the case of errors in the use of French and Spanish accents has been made wherever there seemed to be room for it. But errors in this respect or any other that appear to be habitual or due to want of information have, as a general rule, been reproduced, or corrected only with annotations. More freedom has been used in editing copies that there is reason to sus- pect as corrupt than originals and copies that appear to be trust- worthy. Digitized by Google 30 INTRODUCTION. The classification of the correspondence has been by subject matter rather than by the diplomatic office or location of the writer. Letters dealing with Spanish relations, for example, are placed in the correspondence with Spain, even though written by or to the Texan charge to Great Britain and France. The system of reference for inclosures, leading from the title to the letter with which the inclosure came, and thence sometimes to the calendar or another division of the correspondence, may now and then try the patience of the reader; but it has been adopted as that which will throw the clearest light on the history and the relations of each letter. Before reaching final conclusions in the study of Part I, the reader should compare the corrections and further annotations and the list of addenda for Part I given in Part II. The diplomatic relations of Texas with the European powers began in 1837, with the sending of J. Pinckney Henderson on a mis- sion to Great Britain and France. He had letters of credence both as agent and as minister plenipotentiary to Great Britain, and pre- sumably also to France.** He reached London in October. The efforts to establish relations with Spain, Belgium, the Netherlands, the Hanse Towns, and Prussia were made partly by the ministers in Great Britain and France, and partly by special chargfe. May 20, 1839, James Hamilton was sent to act as joint agent of Texas with Henderson, both in England and France, and on April 18, 1840, he was appointed Texan diplomatic commissioner to the Netherlands, and at the same time received a second commission empowering him to treat with both the Netherlands and Belgium. January 20, 1843, William H. Daingerfield was commissioned as charg6 d'affaires to the Netherlands, Belgium, and the Hanse Towns. While on his mis- sion he visited Vienna and Berlin also, and, in fact, undertook some correspondence to ascertain through official sources the attitude of Prussia towards Texas. In 1842, Ashbel Smith, then chargfi d'affaires to Great Britain and France, tried to open the way for formal negotiations with Spain by a correspondence with General Sancho, Spanish minister to Great Britain, and Washington Irving, United States minister to Spain, but nothing came of it; nor did Smith nor George W. Terrell, who was commissioned as Texan minister to Spain in 1846, visit Madrid at all. Strenuous efforts were made by the Texan government during Lamar's administration to estabUsh amicable relations with Mexico. On February 20, 1839, Barnard E. Bee was commissioned both as agent and as minister plenipotentiary of Texas to Mexico. He went toVeraCmz in May; but the Mexican government refused to receive a No copies of his letters of credence to France have been found, but they doubtless had the same fbnn as those to Great Britain. Digitized by Google INTRODUCTION. 31 him, and he got no further. On August 9, of the same year, James Treat was appointed private and confidential agent of Texas to Mexico. He reached Mexico in December, 183^, and remained until November, 1840. On March 20, 1841, James Webb received com- missions similar to those which had been given to Bee. He went to Vera Cruz in May, but was not allowed to proceed to Mexico. On July 20, 1841, President Lamar wrote the governor of Yucat&n, which was then in a state of insurrection against the central govern- ment of Mexico, inviting him to send an agent to Texas with a view to the establishment of relations of amity and commerce between the two countries. The result was a sort of miUtary convention by which the fleet of Texas was subsidized to operate against Mexico on behalf of both Texas and Yucat4n, but no treaty was concluded. First after the United States to accord recognition to the RepubUc of Texas was France. This was done by a treaty of amity, commerce, and navigation concluded September 26, 1839, and ratified February 14, 1840. A similar treaty between Great Britain and Texas was signed November 13, 1840; a convention for British mediation between Mexico and Texas, on November 14; and a treaty for the sup- pression of the African slave trade, on November 16. For reasons which need not be detailed here, the ratifications of these three treaties were not exchanged till June 28, 1842. A commercial treaty with the Netherlands was signed September 18, 1840, and ratified June 15, 1841. A convention of amity, commerce, and navigation with the Ilanse Towns was concluded April 17, 1844, and was later ratified by the Senate of Bremen; but, doubtless b^ause of the near prospect of annexation, it seems never to have been acted on by the Senate of Texas. No treaty was concluded with Spain or Belgium. In April, 1838, before Texas was formally recognized, an agreement was effected with the British Government whereby Texan vessels were admitted to the ports of Great Britain as those of Mexico; and a resolution adopted by the senate of Bremen on August 9, 1843, pro- vided for the admission of Texan vessels to the ports of Bremen on the same terms as to port charges and duties as the ships of Bremen on condition of a reciprocal arrangement by Texas. Of course, until the ratification of the various treaties mentioned, the negotiations with the countries with which they were made was on a more or less informal basis. Aft^ those with Great Britain and France were ratified, charges were sent to Texas by both these nations; but no other had a diplomatic representative to that repub- Uc at any time.** The only charg6 sent by Great Britain was Charles EUiot, whose letter of credence was dated June 28, 1842, and who « There is good reason to believe that Mr. 7. T. Crawford, who visited Texas in April, 1837, came as a secret agent of Qieat Britain to report on its civil and political condition. Count de Saligny undertook a similar mission for France early in 1839, and Capt. Victor Pirson came openly as the agent of Belgium in 1842. None of these, however, appears to have had any dlplomatlo authority. Digitized by Google 32 nwpRODUonoN. reached Texas in August, and remained till the eve of annexation. The first charge of France was Count A. de Saligny,** who was accred- ited October 2, 1839, and reached Texas m February, 1840. He left Texas in March, 1841, but returned for a brief period in 1842. Towards the end of that year, he was succeeded by "Viscount J. de Cramayel. Some two years later, Cramayel left Texas and Saligny returned. This time he continued in the capacity of charg6 until the mission was ended by annexation. The letters printed in Part II have been taken mainly from the file of originals received and copies kept of letters sent from Texas, and from the transcripts in the books of the Department of State. Book 55, from which some of them were obtained, is evidently the original kept by Daingerfield for his missions to the Netherlands, Belgium, and the Hanse Towns. It is, however, the only book from any of the Eiuropean legations that has been found in the Texan archives. That it was brought to Texas and delivered to the Secre- tary of State is shown by the letter of Daingerfield to Allen, February 2, 1846; and its contents place its identity beyond question. Just as this part was ready, as the editor thought, to send to press, a considerable mass of the correspondence was found in books which had not been suspected of containing it. The reasons why it had escaped discovery are that the mass of matter in the books is so great and the indexes so imperfect. The indexes are, in fact — ^where they exist at all — often worse than useless, in that they are misleading. Many of the letters in the newly discovered group belong to the period of Correspondence with the United States covered by Part I. They make it possible, in some cases and to a certain extent, to fdi- low both sides of the correspondence where the letters already pub- lished had given but one. While the editor does not feel absolutely certain that some letters may not still Kave evaded his search, he hopes that little of importance preserved in the Texan archives and properly to be included in the correspondence now remains impublished. The editor is under special obligations to State Librarian E. W. Winkler, who several years ago gave the Correspondence here printed its first approach toward rational and useful arrangement, and con- sequent availability for the student. Mr. Winkler's minute knowl- edge of the Texan archives and of southwestern history in general have made his freely rendered assistance of the highest value. Grate- ful acknowledgment is made also to instructors Walton H. Hamilton and J. L. Worley, of the University of Texas, for help in verifying and arranging the copies; to Profs. Lilia M. Casls and E. J. Villavaso, also of this university, for verifying, respectively, the Spanish and o Thus written by himself. The name is usually given in official documents fmanating trom the Freocli Government as "Dubois de Saligny." Digitized by Google INTRODUCTION. 33 French letters; and to Mr. C. T. Neu, fellow in history in the same institution for 1908-09, and now teacher of history in the high school at Greenville, Tex., for help in various details, and especially in the preparation of the Calendars. George P. Garrison, Unwersity of Texas. Note. Washington, D. C, December 24, 1910. The Commission suffered a severe loss in the death of Professor George P. Garrison during the progress of this work. Professor Garrison died in July, 1910, before reading a single page of the proof of this second part of the "Diplomatic Correspondence of Texas." The labor of proof-reading, therefore, fell upon others, who did not possess the special knowledge, experience, and full equipment enjoyed by him. This has occasioned some delay, and may have resulted in some inaccuracy. Professor Garrison had for years been preparing the material for these volumes, and, fortunately, left it in very good shape for pub- lication. So far as the collation of the text is concerned, he gave assurances of completeness and accuracy. The list of material already published was prepared by him, and he left, to be used with the documents as they were published, notes explaining and illus- trating the subject. These have been inserted in the places desig- nated by him. The volume practically stands as his labor. The proof-reading has been done by Miss Catharine Bowes, Miss Georgia Sanderlin, and Miss Bertha M. Emerson. The Commission acknowledges the courteous assistance of Professor Eugene C. Barker^ of the University of Texas. 39728'— VOL 2, pt 1—11 3 Digitized by Google Digitized by Google TEXAN DIPLOMATIC CORRESPONDENCE WITH THE UNITED STATES, 1843 TO 1846 (WITH ADDITIONAL LETTERS, 1835-1842), WITH MEXICO AND YUCATAN, AND WITH GREAT BRITAIN AND THE EUROPEAN STATES. CALENDAR OF CORRESPONDENCE HITHERTO ADDENDA TO CORRESPONDENCE WITH THE UNITB|> STATES, 1835 TO 1846.« Burnley to Jones; Gc\iii^\l, 18$3 i| extract).: . F&U)ire*ta secure loan in the United States. Jones, Meoldrahda'and Official Correspondence, 143. Williams to Jones, March 11, 1839 (extract). Negotiations for a loan in the United States. Jones, Memoranda and Official Correspondence, 145-146. Reily to Jones, November 10, 1844 (extract) . Fears that annexation will be delayed several years. Jones, Memoranda and Official Correspondence, 396-397. DonelBon to Allen, December 10, 1844. Measures adopted by United States to guard interests of Texas in case of renewal of war by Mexico because of annexation. Senate Journal, 9th Tex. Cong., 191-195. Allen to DonelBon, December 13, 1844. Attitude of Texas toward delay of annexa- tion and opposition of United States to Mexican method of prosectlting war against Texas. Senate Journal, 9th Tex. Cong., 195-197. Kaufman to Jones, September 30, 1845 (extract). Discusses his position as Texan chaig6 to the United States. Jones, Memoranda and Official Correspondence, 495- 496. Kaufman to Jones, November 3, 1845 (extract). Announces his return to Texas. Jones, Memoranda and Official Correspondence, 503-504. CORRESPONDENCE WPTH MEXICO. Santa Anna to Filisola, April 22, 1836 [No. 1]. Announces his defeat and capture, and gives orders for the withdrawal of Filisola and Gaona to Bexar, and of Urrea to Guadalupe Victoria. Telegraph and Texas Register (Houston), August 23 and Sep- tember 6, 1836; Niles' R^ter, L, 337. Santa Anna to Filisola, April 22, 1836 [No. 2]. Directs that no damage be done prop- erty of citizens of Texas. Telegraph and Texas Register, September 6, 1836. Santa Anna to Filisola, April 22, 1836 [No. 3]. Orders that prisoners taken at C6pano be sent to San FeHpe. Tel^raph and Texas Register, September 6, 1836. Filisola to Santa Anna, April 28, 1836. Cessation of hostilities in obedience to Santa Anna's orders concerning the armistice. Property will be respected. Deplores past plundering. Niles' Register, L, 337. Santa Anna to Filisola, May 14, 1836 (extract). Orders that the treaty of May 14, 1836, between Burnet and himself be complied with. Niles' Register, L, 413; Tele- graph and Texas R^:i8ter, August 23, 1836. Filisola to Santa Anna, May 25, 1836. Promises obedience to terms of agreement between Santa Anna and Houston. Telegraph and Texas Roister, August 23, 1836. Santa Anna to Burnet, June 9, 1836. Protests against violation of Treaty of May 14, 1836, with respect to his own treatment, to that of Woll, and to the failure to exchange a See the calendar of correspondenoe with the United States, 1835-1845, hitherto printed, in Part I, paflet 25-40. 35 Digitized by Google n/ 36 AMEBIOAN HISTOBICAIi ASSOCIATION. priflonen. Niles' Register, LI, 191; Telegraph and Texas Register, October 4, 1836, and March 23, 1842; Austin City Gazette, March 30, 1842. Burnet to Santa Anna, June 10, 1836. Answers protest of Santa Anna in his letter of June 9, 1836. Niles' Register, LI, 191; Telegraph tod Texas Register, October 4, 1836. Jackson to Santa Anna, September 4, 1836. United States believes that nations have the right to change their governments as the people may dictate, and refuses to interpose in affairs of Mexico and Texas over the protest of Mexico. Niles' Register, LI, 336. Lamar to Citizens of Santa F^, Aptsl U, }8^. Announces entry of Texas among the ^unily of nations as a free Republic, mvitSi p^ple df Santa F6 to share blessings of liberty, and promises to send Commissioners to cement union between Texas and Santa F6. ; House JoumsJ, Sth Tex. O^yog., Appendix. X48^150| Journal of Consulta- tion, Addrebs of Lamar to Ciii*wis of Santa* ?^. 12-r4..* ;.•*'. Lipscomb to Hamilton and Burnley, July 7, 1840. * Discusses relations between Mexico and Texas and between Mexico and Yucatan. House Journal, 5th Tex. Cong. , Appendix, 281-284. Santa Anna to Houston, November 5, 1836. Uiges importance of Santa Anna going in person to Washington to secure the mediation of the United States in settlement of boundary question between Mexico and Texas. Niles' Register, LXII, 115; The Red-Lander (San Augustine, Texas), April 14, 1842 (extract). Wright to Lamar, March 18, 1841 (extract). Makes chaige against Houston for acceptance of a bribe for the release of Santa Anna. The Red-Lander, September 29, 1842. Arista to Lamar, April 21, 1841. States that the expedition which is to set out from the Rio Grande is for the purpose of punishing the Indians, and not intended to attack the Texans. Quarterly of the Texas State Historical Association, VII, 173-174. Lamar to Inhabitants of Santa F^, and other portions of Mexico East of the Rio Grande River, June 5, 1841. Calls attention to his letter of April 14, 1840, repeats invitation then given, explains advantages of a union between Texas and Santa F6 region, and announces appointment of commissioners to e£fect this union. Journal of Consultation, Address of Lamar to Citizens of Santa F6, 3-12. Bee to Santa Anna, December 27, 1841. Does not believe that Texas can be con- quered by Mexico, as the people of the Mississippi will give Texas aid, and hopes that Santa Anna will treat well the prisoners taken in the Santa F6 expedition. Mexico in 1842, p. 215; Niles' Register, LXII, 49; Telegraph and Texas Register, March 23, 1842. Hamilton to Santa Anna, January 13, 1842. Hamilton is commissioned by Texas to treat with Mexico for the recognition of Texan independence. Proposes peace on condition of an indemnity of $5,000,000 to be paid by Texas to Mexico. Mexico in 1842, p. 220; Niles' Register, LXII, 50; Telegraph and Texas R^ter, March 23, 1842; Austin City Gazette, March 30, 1842. Santa Anna to Bee, February 6, 1842. Thanks Bee for past favors. Mexico must keep Texas. A freak of fortune alone has given Texas a victory. The prisoners taken will be treated according to generally recognized principles. Mexico in 1842, p. 216; Nilee' Register, LXII, 50; Tel^raph and Texas Register, March 23, 1842. Santa Anna to Hamilton, February 18, 1842. Hamilton, as a citizen of the United States, has no right to treat in behalf of Texas. Mexico has won many victories in the past over Texas, and has suffered a single defeat. Five million dollars too small an indemnity. Texan brutalities. Expresses personal gratitude to Houston. To acknowledge Texan independence would be to sacrifice Mexico's noble stand on slavery. Mexico in 1842, p. 221; Niles' Register, LXII, 50; Telegraph and Texas Register, March 23, 1842; Austin City Gazette, March 30, 1842. Digitized by Google CAIiBNDAB OF PBINTED OOBBESPOKDBKOE. S7 Hamilton to Santa Anna, March 21, 1842. Santa Anna abhors people to whom he owes his life. Mexico's violation of her agreement with colonists was one cause of the revolution. Mexico's only victory was the Alamo. Defies Santa Anna. Mexico in 1842, p. 227; Tdegraph and Texas R^ter, April 13, 1842. Houston to Santa Anna, March 21, 1842 (extract). Defends the Texan conduct of the revolution, particularly the treatment of Santa Anna. Justifies the Santa F6 expedition. States future attitude of Texas toward Mexico. Niles' Register, LXII, 98. S<»nervell to Jones, March 25, 1842. Somervell has taken chaige of troops, and reports dissatis^tion among them. Jones, Memoranda and Official Correspondence, 172-173. Daingerfield to Jones, April 1, 1842. Texan blockade of Mexican ports. Jones, Memoranda and Official Correspondence, 201. Daingerfield to Jones, April 15, 1842. Daingerfield 's efforts to co-operate with H. Washington in preparation for a descent upon Mexican coast. Jones, Memoranda and Official Correspondence, 201-203. Houston to Somervell, October 3, 1842. Orders concentration of such troops as are willing to invade Mexico upon the southwestern boundary, and invasion of Mexico in case prospects for success ofiter. House Journal, 7th Tex. Cong., Appendix, 3-4. Hamilton to Somervell, October 13, 1842. Orders Somervell to proceed to south- western frontier, to organize troops, to move with secrecy, and to invade Mexico if success seem probable. House Journal, 7th Tex. Cong., Appendix, 5-6. Somervell to Hamilton, November 7, 1842. Reports progress in oiganization of troops. House Journal, 7th Tex. Cong., Appendix, 10-11. Hamilton to Somervell, November 9, 1842. Gives method of securing supplies for troops. House Journal, 7th Tex. Cong., Appendix, 6. Somervell to Houston, November 14, 1842. Reports progress in oiganizing troops and gives information as to location of Mexican troops on border and disposition of Texan prisoners. House Journal, 7th Tex. Cong., Appendix, 11-12. Hamilton to Somervell, November 19, 1842. Regrots poor oiganization and disci- pline of the troops, repeats orders to enlist none but those willing to invade Mexico, and urges energetic action. House Journal, 7th Tex. Cong., Appendix, 7-9. Hamilton to Somervell, November 21, 1842. Urges prompt but cautious advance in order to avoid surprise, and directs disposition of supplies in case troops are disbanded. House Journal, 7th Tex. Cong., Appendix, 9-10. Somervell to Hill, February 1, 1843. Gives detailed account of his invasion of Mexico. House Journal, 9th Tex. Cong., Appendix, 70-75; Telegraph and Texas Register, February 22, 1843. Hill to Hockley and Williams, September 26, 1843. Instructions for arrangement of armistice with Mexico through the mediation of Great Britain. The Red-Lander, June 1, 1844. 0ORRS8PONDBN0B WITH YUCATIn. Mooro to Cooke, August 28, 1840. Reports his movements from July 2^August 28, 1840. House Journal, 5th Tex. Cong., Appendix, 232-237. Peraza to Roberts, September 16, 1841. Santa Anna is preparing to invade Yucat&n by land and by sea. Asks that Texas send two or three of her vessels to aid in repelling the Mexican squadron. Offers pecuniary inducements. Moore, To the People of Texas, 15-17. Roberts to Peraza, September 17, 1841. Texas will aid Yucatdn. Accepts Peraza's proposals with some modifications. Moore, To the People of Texas, 17-19. Peraza to Roberts, September 17, 1841. The proposals as modified by Roberts are accepted. Adds one article and asks that it be accepted. Moore, To the People of Texas, 19-20. Digitized by Google 88 AMEBICAN HISTOBICAL A8S0GIATI0K. Archer to Moore, September 18, 1841. Moore is to keep three veseels in reftdineas for Bea. The Govemment of YucatAn will fumiah him with $8,000 each month. Secret orders indeed. Moore, To the People of Texas, 12-13. Archer to Moore, September 18, 1841 . Secret orders. He is to sail for Sisal, capture the enemy's vessels if possible, and co-operate with the forces of Yucatin generally. Moore, To the People of Texas, 13-15. Roberts to P^aza, September 18, 1841. A number of Texan vessels have been ordered to proceed to Sisal. Moore, To the People of Texas, 20-21. Moore to Lemus, January 8, 1842. Is at Sisal with one ship and two schooners ready to carry out the treaty on the part of Texas. Moore, To the People of Texas, 25. Lemus to Moore, January 8, 1842. The governor will receive him on Monday. Moore, To the People of Texas, 25. Moore to Rej6n, January 10, 1842. Is surprised that Yucat&n has entered into a treaty with the Central Govemment of Mexico . Moore. To the People of Texas, 26-27 . Rej6n to Moore, January 12, 1842. The treaty with Mexico should surprise no one. Yucat&n has not renounced her right to be incorporated in the Mexican Union. Moore, To the People of Texas, 27-29. Gray to the Mexican and Yucatin commissionerB, January 12, 1842. Fearing for the safety of Commodore Moore he will detain them as hostages. Moore, To the People of Texas, 31. Gray to Moore, January 12, 1842. Has deemed it advisable to detain the commis- sioners of Mexico and Yucat&n as hostages. Moore, To the People of Texas, 30. Rej6n to Moore, January 12, 1842. The commander of the Texan vessel Atistm took the Mexican and Yucatan commissioners prisoners. Demands that they be set at liberty. Moore, To the People of Texas, 32. Moore to Rej6n, January 14, 1842. Has never doubted the right of Yucatin to dis- pose of her political and natural rights as she may deem proper. Leaves for Sisal to-day. Moore, To the People of Texas, 29-30. Moore to Rej6n, January 15, 1842. Regrets that the Mexican and Yucatan commis- sioners were detained; has ordered that they be set at liberty. Moore, To the People of Texas, 32-33. Rej6n to Moore, January 18, 1842. Incloses a copy of a decree of the Congress of Yucat&n, October 25, 1841, relative to Peraza's instructions; copy of agreement made by Yucat&n with Texas, September 18, 1841; and copy of convention with Mexico, December 28, 1841, for the reimion of Mexico and Yucatdn. Moore, To the People of Texas, 33-34. Moore to Rej6n, January 31, 1842. Has received his letter of January 18, 1842; Yucat&n should have a flag so that her vessels would not be molested by the Texan warships. Moore, To the People of Texas, 35. Moore to Lemus, February 25, 1842. Requests that $8,000 be placed in his hands as per the agreement. Has been cruising near Vera Cruz. Moore, To the People of Texas, 37. Lemus to Moore, February 26, 1842. An order has been issued for the payment of the $8,000. Moore, To the People of Texas, 38. Moore to Cdrdenas, March 7, 1842. The rumor that Texas will make war on Yucat^ vessels is unfoimded. Moore, To the People of Texas, 38-39. Moore to Celerayan, March 7, 1842. The rumor that Texas will make war on Yucatdn vessels is unfounded. Moore, To the People of Texas, 39-40. Cirdenas to Moore, March 7, 1842. The rumor that Texas would make war on Yucatdn vessels was not credited by the Govemment of Yucatan. Moore, To the Peo- ple of Texas, 40-41. Celerayan to Moore, March 7, 1842. No credit has been given to the rumor that Moore's acts were to be hostile to YucatAn. Moore, To the People of Texas, 41. Digitized by Google CALENDAR OP PRINTED CORRESPONDENCE. 39 Moore to Lemue, March 8, 1842. Arrived at Campeche on March 6. The rumors that his acts were to be hostile to Yucatdn were spread to in j ure his reputation . Moore, To the People of Texas, 41-42. Lemus to Moore, March 18, 1842. The governor is gratified at the contents of Moore's letter of March 8. The rumor was never credited. Moore, To the People of Texas, 43. Moore to Lemus, March 28, 1842. Will cruise a few days before Vera Cruz ; received $6,000 from the collector at Carmen. Moore, To the People of Texas, 52-53. Lemus to Moore, March 29, 1842. Serves notice that the Government of Yucatdn is willing for Moore to withdraw with the squadron under his command. Moore, To the People of Texas, 53-54. Moore to Lemus, April 19, 1842. Regrets the determination of the Government of Yucatdn as expressed in the matter of the withdrawal of the squadron. Moore, To the People of Texas, 54-55. Lemus to Moore, April 22, 1842. The accounts have been adjusted with Mr. Seeger. Moore, To the People of Texas, 55. Moore to Lemus, April 24, 1842. Sails for Campeche in an hour. Moore, To the People of Texas, 56. Moore to, Cdrdenas, April 25 [?], 1842. Will give the necessary orders for the safety of the vessels mentioned in his letter of April [26]?. Moore, To the People of Texas, 58. Moore to Lemus, April 26, 1842. Regrets that the monthly payments will be sus- pended. Texas has proven her friendship to Yucatdn. Moore, To the People of Texas, 59. Cardenas to Moore, April 26, 1842* The flag of Mexico is still the flag of Yucatdn. Names several schooners that fly this flag and hopes they will not be molested . Moore, To the People of Texas, 56-58. Moore to Lemus, May 26, 1842. Captain Seeger will visit M^rida to settle for the money still due Texas. Moore, To the People of Texas, 76. De Lleigo to Moore, June 8, 1842. Incloses a copy of the official conmiunication addressed to Mr. Seeger. Moore, To the People of Texas, 76-77. Moore to C&rdenas, January 16, 1843. Incloses a letter for the governor. Moore, To the People of Texas, 121. Moore to the governor of Yucatdn, January 17, 1843. Asks for $8,000 so that he can refit and attack the conmion enemy. Moore, To the People of Texas, 119-121. Barbachano to Moore, January 31, 1843. Mr. Peraza is fully authorized on the subject of Moore's letter of January 16. The pecuniary aid will be given as soon as Peraza arrives in New Orleans. Moore, To the People of Texas, 122. Mendez to Moore, February 3, 1843. Peraza has already sailed with the $8,000. Moore, To the People of Texas, 122-124. Cdrdenas to Moore, February 5, 1843. Has complied with Moore's request of Janu- ary 16, and placed the letter in the hands of the governor. Moore, To the People of Texas, 124. Moore to Mendez, February 23, 1843. Received his commimication of January 27, 1843. Had concluded an agreement with Peraza a few days before. Moore, To the People of Texas, 12&-129. Moore to Barbachano, February 24, 1843. Has concluded an agreement with Peraza. Moore, To the People of Texas, 129. Houston to Moigan and Bryan, March 23, 1843. Authorizes Morgan and Bryan to secure possession of national vessels, equipments, etc., to call upon the United States in case of resistance, and to deprive E. W. Moore of the command which he has held contrary to orders since October 29, 1842. The Morning Star, June 13, 1843. Moore to Barbachano, April 28, 1843. Informs him of his arrival at Sisal. Moore, To the People of Texas, 148. Digitized by VjOOQIC 40 AMEBICAN HISTORICAL ASSOCIATION. Barbachano to Moore, May 1, 1843. Glad Moore has arrived. The Yucatdn Gov- ernment has ordered a renewal of hostilities with Mexico. Moore, To the People of Texas, 148. Moore to Barbachano, May 15, 1843. Thinks he should have been consulted in the making of the treaty of capitulation, since it stipulates that he is not to attack transport vessels. Moore, To the People of Texas, 157-158. Barbachano to Moore, May 20, 1843. Moore's objection to the treaty is well founded but it was entered into to free Yucatin of the capitulating forces. Moore, To the People of Texas, 158-159. Moore to Meddez, May 22, 1843. Asks for the services of a vessel. Moore, To the People of Texas, 163. Mendez to Moore, May 22, 1843. The schooner Independencia will be placed under his orders. Moore, To the People of Texas, 167. Moore to Mendez, May 26, 1843. Would like to use the Independencia for another cruise. Moore, To the People of Texas, 163-164. Mendez to Moore, May 26, 1843. Has no objection to his using the Independencia. Moore, To the People of Texas, 164. Moore to Barbachano, Jime 1, 1843. Requests him to remit the balance of the 18,000 that was due on May 30. Moore, To the People of Texas, 166. Barbachano to Moore, June 24, 1843. The Government of Yucatin will pay the rest of the $8,000, but thereafter can pay no more. Moore, To the People of Texas, 167-168. Moore to Barbachano, June 27, 1843. Has drawn on him for $300. Moore, To the People of Texas, 176. Moore to Barbachano, June 28, 1843. Leaves for Sisal to get the $2,000 that is still due him. Should Yucatdn be again involved in war it will be a pleasure to come to her aid again. Moore, To the People of Texas, 177. Moore to Barbachano, June 30, 1843. In consequence of President Houston's proc- lamation, is anxious to get back to Texas. Asks for an order for $2,000. Moore, To the People of Texas, 177. Barbachano to Moore, July 6, 1843. Moore's brother has received $1,700 which with the $300 previously received clears the debt. Moore, To the People of Texas, 178. CORRESPONDENCE WITH GREAT BRITAIN. Irion to Henderson, August 3, 1837 (extract). Captain Thompson of the Invincible transcended his orders in capturing the Eliza Russell, Henderson is to make a candid statement to the English Government and express the regrets of the Texan Govern- ment. Report House Committee on Foreign Relations, 4tli Tex. Cong., 6-6 A Certificate of Carpizo, August 11, 1837 . The affair of the Little Penn and the capture of the Eliza RusseU, Report House Committee on Foreign Relations, 4th Tex. Cong., 16-17; copy inclosed with Henderson to Irion, November 5, 1837. Henderson to Palmerston, October [26], 1837. Apologizes for the seizure and deten- tion of the Eliza RusseU. Report House Committee on. Foreign Relations, 4th Tex. Cong., 13; copy inclosed with Henderson to Irion, November 5, 1837. Palmerston to Henderson, October 31, 1837. Has received Henderson's of the 26th. Report House Conmiittee on Foreign Relations, 4th Tex. Cong., 14; copy inclosed with Henderson to Irion, November 5, 1837. Henderson to Irion, November 5, 1837 (extract). Incloses copies of correspondence with Palmerston concerning the Eliza Russell claims. Report House Committee on Foreign Relations, 4th Tex. Cong., 13-14. a This report contains, besides the letters caloidared, considerable matter not belonging to the Diplo- matic Correspondence, but nevertheless pertinent to the British clahns. Only one copy of it, so far as I have been able to learn, is in existence, and that belongs to Mr. Richard Borgess of £1 Paso, Tex., who has kindly Irat it to the editor to use in preparing this yolome. Digitized by Google CALENDAE OF PRINTED CORRESPONDENCE. 41 Protest of Joeeph Ruasell and others, December 2, 1837 (extract). The capture and * detention of the Eliza Russell. Statement of the claim and description of various docimients submitted to sustain it. Report House Committee on Foreign Relations, 4th Tex. Cong., 20-23; copy inclosed with Tolme to Palmerston, December 20, 1837. Tolme a to Palmerston, December 20, 1837. Transmits extracts from the protest of Joseph Russell relative to the capture of the Eliza Russell. Report House Com- mittee on Foreign Relations, 4th Tex. Cong., 20-23. Lizardi & Co. to Palmerston, January 5, 1838. Gives an account of the seizure of goods carried by the Little Penn. Report House Committee on Foreign Relations, 4th Tex. Cong., 15-16; copy inclosed with Palmerston to Henderson, January 24, 1838. Palmerston to Henderson, January 24, 1838 (extract). Transmits copy of a letter from Lizardi & Co. with statement of property seized on the Little Penn. British Government can not doubt, since Henderson's letter of October 26, that the Texan authorities will order immediate restitution. Report House Committee on Foreign Relations, 4th Tex. Cong., 14; copy inclosed with Henderson to Irion, January 30, 1838. Henderson to Palmerston, January 25, 1838. Has received Palmerston's of January 24; but, being without instructions on the subject, can only transmit them to his Govenmient. Report House Committee on Foreign Relations, 4th Tex. Cong., 18; copy inclosed with Henderson to Irion, January 30, 1838. Henderson to Irion, January 30, 1838. Incloses correspondence with Palmerston as to damages in the case of the Little Penn. Does not regard the claim as just, but suggests necessity for prompt attention to it. Report House Committee on Foreign Relations, 4th Tex. Cong., 14-18. Palmerston to Henderson, February 19, 1838. Transmits documents relative to the case of the Eliza Russell. Report House Committee on Foreign Relations, 4th Tex. Cong., 19; copy inclosed with Henderson to Irioja, March 8, 1838. Henderson to Palmerston, February 20, 1838. Acknowledges receipt of Palmer- ston's of the 19th with accompanying documents; will transmit them to his Govern- ment for advice. Report House Committee on Foreign Relations, 4th Tex. Cong., 23; copy inclosed with Henderson to Irion, March 8, 1838. Henderson to Irion, March 8, 1838. Transmits Palmerston to Henderson of February 19, 1838, with inclosmres. Seizure of the Eliza Russell legal. Admissions obtained from Palmerston. Report House Committee on Foreign Relations, 4th Tex. Cong., 19-26. Irion to Henderson, May 20, 1838 (extract). The Texan Government has never authorized nor sanctioned violations of neutrality by its officers. The evidence of illegal seizure in the case of the Little Penn is not satisfactory. The appointment of an English agent in Texas would greatly facilitate the adjustment of private claims. Report House Committee on Foreign Relations, 4th Tex. Cong., 6-7. Irion to Henderson, June 6, 1838 (extract). Congress has made no appropriation to pay the Eliza Russell claim. Texan Government not disposed to reject just claims, but it will be difficult to adjust them without a resident English agent. Report House Committee on Foreign Relations, 4th Tex. Cong., 7. Palmerston to Henderson, August 24, 1838. Refers to correspondence concerning the Little Penn and Eliza Russell claims and asks what has been done to fulfill the promises made. Report House Committee on Foreign Relations, 4th Tex. Cong., 27; copy inclosed with Henderson to Irion, September 5, 1838. Statement of Captain Russell's claim, September [1], 1838. Report House Com- mittee on Foreign Relations, 4th Tex. Cong., 44; copy inclosed with Swain, Stevens A Co. to Arrangoiz, Droosten for his letter on Texas; the sub- ject is important but diflScult. Jones, Memoranda and OflEicial Correspondence, 152; copy inclosed with Hughes to Jones, June 10, 1839. Hughes to Jones, Jime 10, 1839, midnight. Incloses Palmerston's letter of June 10, 1839. Believes Texas will soon be recognized by England. Jones, Memoranda and Ofl&cial Correspondence, 152-153. Burnet to Crawford, Jime 14, 1839. Acknowledges receipt of Crawford's letter of April 17 concerning the Eliza Russell claims. Excuses the former admissions of the Texan Grovemment and argues against the justice of the claims. Congress will meet in November, and the subject will be presented to it again. Report House Committee on Foreign Relations, 4th Tex. Cong., 11-12. Burnet to Henderson, June 16, 1839 (extract). Sends copy of a letter addressed by Burnet to the British consul at New Orleans relative to the Eliza Ru^eU claims, which have risen to double the amoimt originally demanded. Report House Committee on Foreign Relations, 4th Tex. Cong., 10-12. Palmerston to Henderson, October 23, 1839. States the amount of the Eliza Rv^seU and Little Penn claims and refers to the promise by the Texan authorities to settle the first. The British Government would be justified in sending a ship of war to Texas to enforce payment of the claims, but wishes to try one more application through Henderson. Report House Committee on Foreign Relations, 4th Tex. Cong., 33-34; copy transmitted with Mcintosh to Secretary of State, November 12, 1839. Palmerston to Henderson, October 23, 1839. Asks relief for certain British subjects, claiming lands in Texas. Report House Conmdttee on Foreign Relations, 4th Tex. Cong., 35; Tel^raph and Texas R^ter, October 18, 1843; The Morning Star (Hous- ton), October 14, 1843; copy transmitted with Mcintosh to Secretary of State, Novem- ber 12, 1839. Henderson to Palmerston, October 30, 1839. Acknowledges receipt of both Palmer- ston's communications of the 23rd. Discusses the Eliza Russell claim and the land daims of certain British subjects. Report House Committee on Foreign Relations, 4th Tex. Cong., 36-38; Journal and Advertiser (San Augustine, Tex.), June 11, 1840; Tel^raph and Texas Register, October 18, 1843 (extract); The Morning Star, October 14, 1843 (extract); copy transmitted with Mcintosh to Secretary of State, November 12, 1839. aMatUated bj the pzlnter into Vogleraog. Digitized by Google 44 AMEEICAK HISTOBIOAL ASSOCIATION. Mcintosh to Secretary of State [Burnet], November 12, 1839. Henderson has left the business of the legation in Mcintosh's hands. Incloses correspondence with British Government concerning claims against Texas. Existing Government too fearful of ofifending O'Oonnell and the Abolitionists to extend recognition to Texas. Report House Gonmiittee on Foreign Relations, 4th Tex. Cong., 33-39. McGregor to President of Texas, December 26, 1839. Commander Ramsey has been ordered to support Commander Hamilton in his mission to Texas to recover certain ''British negroes'' supposed to be held in slavery in Texas. House Journal, 5th Tex. Cong., Appendix, 19. McGregor to President of Texas, December 26, 1839. Asks aid for Commander Hamilton, of the British navy, in identifying and recovering certain negroes, sub- jects of Great Britain, allied to be held in slavery in Texas. House Journal, 5th Tex., Cong., Appendix, 19-20. Burnet to Hamilton, January 29, 184Q. Professes ignorance of any negroes, British subjects, held in slavery in Texas, but promises assistance if such can be identified. House Journal, 5th Tex. Cong., Appendix, 22-23. Lipscomb to Hamilton, February 14, 1840. Incloses Proclamation concerning negroes, British subjects all^^ed to be held in slavery in Texas. House Journal, 5th Tex. Cong., Appendix, 23-24. Hamilton to Lipscomb, February 25, 1840 (extract). Asks for commission to treat with Belgium for recognition, and hopes for aid from France in securing a loan in Europe. House Journal, 5th Tex. Cong., Appendix, 284-285. Hamilton to Lipscomb, February 27, 1840. Demands delivery of negro ''John"» a British subject alleged to be held in slavery in Texas, and incloses statement as to present ownership of said negro. House Journal, 5th Tex. Cong., Appendix, 20-21. Lipscomb to Hamilton, March 31, 1840. Declares that question as to ownership of a certain n^;ro, if found to be a slave, must take usual course of law, but if proved to be a British subject will be delivered to proper authorities. House Journal, 5th Tex. Cong., Appendix, 24-25. Hamilton to Lipscomb, April 21, 1840. Acknowledges receipt of letter from Lips- comb, March 31, 1840. House Journal, 5th Tex. Cong., Appendix, 21-22. Hamilton to Lipscomb, April 21, 1840. Reports success in mission of identifying and recovering negroes, subjects of Great Britain, alleged to be held in slavery in Texas. House Journal, 5th Tex. Cong., Appendix, 22. Hamilton to Lipscomb, June 3, 1840. Reports prospects for loan bright; reports chartering of vessels by Mexico in Great Britain for attack on Texas. House Jour- nal, 5th Tex. Cong., Appendix, 285-286. Lipscomb to Hamilton, June 6, 1840. Revokes instructions for purchase of arms, munitions, etc . , in Great Britain and France . House Journal, 5th Tex . Cong . , Appen- dix, 280-281. Palmerston to Hamilton, October 18, 1840. <> England is ready to enter into a com- mercial treaty with Texas and to recognize her on condition that Texas shall assist in suppressing the African slave trade. Incloses draft of a convention. Telegraph and Texas Register, January 12, 1842; copy inclosed with Hamilton to Lipscomb, January 4, 1841. Hamilton to Palmerston, October 20, 1840. Acknowledges receipt of Palmerston's letter of October 18, 1840, and the draft of a convention. With some slight changes, he is ready to sign it. Telegraph and Texas Register, January 12, 1842; copy inclosed with Hamilton to Lipscomb, January 4, 1841. Palmerston to Hamilton, November 5, 1840. The signing of the treaty will have to be postponed a week. Colorado Gazette and Advertiser (Matagorda), January 23, 1841; House Journal, 5th Tex. Cong., Appendix, 382-383. a A few llnei at the beginning of the letter were omitted In printing It. Digitized by Google CAI/ENDAB OF PBIKTED GOBBESPONDENCE. 45 Hamilton to Lamar, November 6, 1840. The preliminary articles of a treaty of recognition, amity, and commerce have been agreed upon. Incloses a copy of Pal- merston's note of November 6, 1840. Colorado Gazette and Advertiser, January 23, 1841; House Journal, 5th Tex. Cong., Appendix, 381-382. Hamilton to Jones, November 6, 1840 (extract). Has procured the recognition of Texas by England. Jones, Memoranda and Official Correspondence, 156. Smith to Jones, June 8, 1842. The ratifications of the treaty have not yet been exchanged. The sympathies of England are for Mexico and against Texas. Jones, Memoranda and Official Correspondence, 182-184. Teulon to Jones, June 25, 1842. Is still in London and without money. Has not faith in the ministry; it favors Mexico. Jones, Memoranda and Official Correspond- ence, 189-190. Smith to Jones, July 10, 1842 (extract). Texan bonds in England. Incloses note from G. Shaw to Thos. Wilson A Co. Telegraph and Texas Register, February 22, 1843. Elliot to Jones, September 30, 1842. Uigee the claims of certain British subjects to lands in Texas. Telegraph and Texas Register, April 3, 1844. The Morning Star, April 2, 1844. Jones to Elliot, December 24, 1842 (extract). The claims of the British subjects for lands in Texas' will be presented to Congress. Telegraph and Texas Register, April 3, 1844; the Morning Star, April 2, 1844. Jones to Smith, January 31, 1843. Smith is to make representations to the govern- ments of France and Great Britain relative to the predatory warfare carried on by Mexico. Tel^;raph and Texas Register, June 21, 1843. Elliot to Jones, February 4, 1843. Presents the claims of Beales and others to lands in Texas. The Morning Star, April 2, 1844; Telegraph and Texas Register, April 3, 1844. Jonee to Elliot, February 16, 1843 . Has received his communications of January 17, 1843, and February 4, 1843. Desires a personal interview with Elliot. The Morning Star, April 9, 1844; Telegraph and Texas Register, April 10, 1844. Jones to Smith, June 10, 1843. The relations of Texas with Mexico. The Red- Lander, April 20, 1844; Telegraph and Texas Register, November 13, 1844 (extract). Duplicate sent to Van Zandt. Elliot to Jones, July 7, 1843. Is without authority to appoint a consul at Corpus Christi. Jones, Memoranda and Official Correspondence, 226-227. Smith to Aberdeen, August 1, 1843. The persons working in London for the aboli- tion of slavery in Texas are not recognized by the Texas government. Niles' Reg- ister, LXVI, 97; copy in Smith to Jones, September 20, 1843. Smith to Jones, August 2, 1843. The abolition of slavery is the avowed purpose of the English Government. Jones, Memoranda and Official Correspondence, 236-237. Elliot to Jones, August 17, 1843. The claims for the Eliza RtMell should be adjusted. Jones, Memoranda and Official Correspondence, 246-247. Elliot to Jones, August 17, 1843 (extract). Hopes the President will make a repre- sentation to Congress relative to the land claims of certain British subjects. The Morning Star, April 9, 1844; Telegraph and Texas Register, April 10, 1844. Elliot to Jones, August 17, 1843. Urges settlement of Eliza Russell claims. Jones, Memoranda and Official Correspondence, 24^247. Elliot to Jones, August 28, 1843. Believes General Houston will accede to the proposition of Santa Anna relative to the exchange of prisoners. Jones, Memoranda and Official Correspondence, 248. Kennedy to Jones, September 4, 1843. Thanks him for his communication of August 20; 1843. Jones^ Memoranda and Official Correspondence, 249 » Digitized by Google 46 AMERICAN HISTOBICAIi ASSOCIATION. Jones to Elliot, September 11, 1843. Glad that he has been able to settle the claim for the Eliza Rtissellj Relations with Mexico. Jones, Memoranda and Official Correspondence, 250-253. Aberdeen to Smith, September 11, 1843. Acknowledges Smith's note of August 1. Her Majesty's Government has no intention of interfering in the internal affairs of Texas, but wishes to see slavery abolished throu^out the world and is not surprised that private individuals should do their best to attain an object so desirable. Niles' Roister, LXVI, 97; copy in Smith to Jones, September 20, 1843. Elliot to Jones, September 14, 1843. Thanks him for his prompt attention to the case of the Eliza Russell. Jones, Memoranda and Official Correspondence, 256. Green to Elliot, November 6, 1843. Requests copies of certain letters. Green^ Texan Expedition against Mier, 456; Tel^[raph and Texas Register, December 13, 1843; The Morning Star, December 12, 1843. Elliot to Green, November 7, 1843. Declines his request for copies of certain letters. Green, Expedition against Mier, 456; Telegraph and Texas R^^ister, December 13, 1843; The Morning Star, December 12, 1843. Green to Elliot, November 7, 1843. States reasons for applying for copies of certain letters on November 6, 1843. Green, Expedition against Mier, 456-457; Telegraph and Texas Register, December 13, 1843; The Morning Star, December 12, 1843. Kennedy to Jones, November 9, 1843. Pringles project for a colony in Texas. Jones, Memoranda and Official Correspondence, 269. Aberdeen to Pakenham, December 26, 1843. Great Britain desires to see Texan Independence established, but with no occult designs. She wishes to see slavery abolished in Texas, but will not interfere unduly or improperly. Senate Docs., 28th Cong., Ist Sess., V (Serial No. 435), Doc. 341, pp. 48-49; Nilee' Register, LXVI, 171; copy inclosed with Elliot to Jones, February 10, 1844. Elliot to Jones, January 8, 1844. Has hesLrd that Texas has settled her difficulties with Mexico; hopes for news of the release of the Texan prisoners. Jones, Memoranda and Official Correspondence, 301. Elliot to Jones, February 10, 1844. Sends a copy of a despatch from Pakenham. Is persuaded that annexation is entirely out of the question. Jones, Memoranda and Official Correspondence, 307-308. Jones to Elliot, March 18, 1844. Incloses a copy of the proposed armistice between ^exas and Mexico, which can not be accepted. Jones, Memoranda and Official Correspondence, 327, 328. Elliot to Jones, March 22, 1844. The British Government is engaged in an effort to procure the recognition of Texas by Mexico. Asks for explanations concerning the contemplated move for annexation. Green, Expedition against Mier, 483; Nilee' Register, LXVIII, 35; The Red-Lander, June 15, 1844. Elliot to Jones, March 22, 1844. Thanks him for his letter of February 16, 1844. Believes that annexation will be defeated in the United States Senate. Jones, Memoranda and Official Correspondence, 329-331. Jones to Elliot, March 25, 1844. Gives the explanations requested by Elliot in his note of March 22, 1844. The Red-Lander, June 15, 1844. Elliot to Jones, April 3, 1844. Believes the time very favorable for the mediation of France and England. Niles' Register, LXVI, 280; The Red-Lander, June 15, 1844; The Morning Star, June 8, 1844; Telegraph and Texas Roister, June 12, 1844. Smith to Jones, June 2, 1844 (extract). Lord Aberdeen remarked that he would say nothing more about slavery. The Red-Lander, August 31, 1844. Kennedy to Jones, June 3, 1844. Received Jones's letters of May 2 and 19, 1844. Can not come to Washington. Jones, Memoranda and Official Correspondence, 357-359. Elliot to Jones, imdated (extract). Has informed British Government of Houston's determination to sustain the independence of the Republic, and supposes that Hender- Digitized by Google CAIiENDAB OF PBINTED CORRESPONDENCE. 47 son's mission to the United States is to explain this position. The Morning Star, June 27, 1844. Jones to Smith, September 30, 1844 (extract). The subject of abolition can not and will not be entertained by the Government of Texas. The Red-Lander, August 31, 1844. Smith to Jones, December 24, 1844. Just arrived from Liverpool. Tells of inter- views with Guizot and Aberdeen. Jones, Memoranda and Official Correspondence, 411-412. Elliot to Allen, January 8, 1845. Asks for settlement of Little Penn claims, and incloses declaration of Thomas Hibbert, September 16, 1844, in support of said claim. Senate Journal, 9th Tex. Cong., extra sess., 62-64. Elliot to Jones, January 14, 1845. General Green is singing another veme to the tune of British influence. Jones, Memoranda and Official Correspondence, 413-414. Terrell to Jones, January 21, 1845. Has been in London nine days. Tells of an interview with Aberdeen. Jones, Memoranda and Official Correspondence, 415-417. Terrell to Jones, February 2, 1845 (extract). Since his last despatch he has had two interviews with Aberdeen. Was assured that England had no desire to acquire Texas. Jones, Memoranda and Official Correspondence, 419-420. Terrell to Jones, February 13, 1845. Has arrived at Paris from London; before leaving he had a conversation with Aberdeen who was rather cool, having heard that Jones favored annexation. Jones, Memoranda and Official Correspondence, 422-431. Smith to Elliot, February 22, 1845. Denies validity of Little Penn claim on grounds that goods really belonged to Mexicans. Senate Journal, 9th Tex. Cong., extra sess., 64-67. Jones to Aberdeen, March 31, 1845. It has been thought advisable to have Elliot go to Mexico. Jones, Memoranda and Official Correspondence, 475-476. . Elliot to Jones, April 3, 1845. The new government in Mexico adheree to the favorable disposition expressed by Santa Anna. Jones, Memoranda and Official Correspondence, 441. Elliot to Jones, April 5, 1845. Will leave on the Eurydice. Jones, Memoranda and Official Correspondence, 443. Smith to Jones, April 9, 1845. Fears that when it is known that he has been sent to Europe public opinion will become inflamed beyond control. Jones, Memoranda and Official Correspondence, 446-449. Smith to Jones, April 14, 1845. Will proceed at once to Boston and embark for England where he will use every exertion to accomplish his mission. Jones, Memo- randa and Official Correspondence, 451. Elliot to Jones, April 21, 1845. The Government of Mexico has demanded of Con- gress the authority to treat with Texas. Jones, Memoranda and Official Correspond- ence, 452-453. Smith to Jones, May 1, 1845. Arrived at Boston; leaves at once for England. His journey has caused much speculation in the United States. Jones, Memoranda and Official Correspondence, 456-457. Elliot to Jones, June 12, 1845. The excitement in the United States may drive the Mexicans out of the humor of complying with the preliminaries of the treaty. Jones, Memoranda and Official Correspondence, 468-469. Elliot to Jones, June 13, 1845. Should the present storm blow over, Texas can rely on the friendship of England. Implores Jones to preserve Texas. Jones, Memoranda and Official Correspondence, 470-471. EUiot to Allen, June 13, 1845. Takes formal leave upon departing from Texas. Senate Joiunal, 9th Tex. Cong., extra sess., 67-68. Allen to Smith, June 26, 1845. There is no doubt that annexation will be accom- plished; recalls Smith. The Morning Star, August 16, 1845; Telegraph and Texas B^;ister, Au^;u8t 20, 184^. Digitized by Google 48 AMERICAN HISTORICAIi ASSOCIATION. Terrell to Jones, July 25, 1845 (extract). Has just arrived from Liverpool. Jones, Memoranda and Official Correspondence, 481. Elliot to Jones, January 4, 1846. Sends a copy of a despatch from Lord Aberdeen. Jones, Memoranda and Official Correspondence, 508. COEBBSPONDBNCE WTTH PRANCE. Henderson to Jones, October 6, 1838. Had an interview with Count Mol^ relative to recognition. Jones, Memoranda and Official Correspondence, 133-135. Henderson to Jones, October 28, 1838. Believes Texas will be recognized by France before March. He is not much concerned about a commercial arrangement. Jones, Memoranda and Official Correspondence, 135-137. Henderson to Jones, November 12, 1838 (extract). The withdrawal of the annexa- tion proposition has removed the one obstacle to the recognition of Texas by France and England. His proposition for a commercial arrangement will be accepted by the French King. Jones, Memoranda and Official Correspondence, 137-138. Henderson to Jones, December 5, 1838 (extract). Thinks Texas should not allow vessels manned by free n^;roe8 to enter her ports. Jones, Memoranda and Official Correspondence, 138-139. Henderson to Jones, December 28, 1838. Nothing of importance has transpired since his last. Jones, Memoranda and Official Correspondence, 144-145. Henderson to Jones, June 20, 1839. The French King is anxious to recognize Texas provided Saligny's report is favorable. Pontois thinks that the question of slavery is influencing Great Britain to delay recognition. Jones, Memoranda and Official Cor- respondence, 146-147. Soult to Hamilton, September 12, 1839. The Republic of France will facilitate the n^otiation of the loan. Telegraph and Texas Register, February 16, 1842. Henderson to Jones, September 27, 1839 (extract). Has completed the n^otiation for the loan. Will leave for England in a few days. Jones, Memoranda and Official Correspondence, 1,47-148. Hughes to Jones, March 24, 1840. Tells of his part in bringing about recognition by France. Jones, Memoranda and Official Correspondence, 153-155. Guizot to Hamilton, March 31, 1841. Received his letter in which he recalls the promise of Marshall Soult. A guaranty of such a nature would have to be submitted to the Chambers. Doubts its passage. Telegraph and Texas Register, February 16, 1842. Hamilton to Guizot, April 21, 1841. Regrets that the Government has withdrawn its guaranty of the loan. Telegraph and Texas Register, February 16, 1842. Saligny to Jones, November 21, 1841 (extract). His Government has vindicated him of the charges against him and he is preparing to return to Texas. Jones, Memo- randa and Official Correspondence, 173-174. Saligny to Jones, December 6, 1841 (extract). Thinks the views of his Government relative to the charges against him are as conciliatory as those of Texas. Jones, Memo- randa and Official Correspondence, 174-177. Hamilton to Jones, March 2, 1842. Thinks that the Saligny affair should be kept open no longer. Jones, Memoranda and Official Correspondence, 177. Jones to Smith, January 31, 1843. Smith is to make representations to the Crovem- ments of France and Great Britain relative to the predatory warfare carried on by Mexico. Telegraph and Texas Register, June 21, 1843. Jones to Smith, Jime 10, 1843. See Calendar of Correspondence with Great Britain. Hughes to Jones, November 24, 1843 (extract). Claims credit for securing recogni- tion of Texan independence by France in 1839. Jones, Memoranda and Official Cor- respondence, 271-273. Digitized by Google CALENDAB OF PRINTED COBBBSPONDENCE. 49 Smith to Jones, January 29, 1844. Believes the best feelings are entertained for Texas both at Paris and London. Jones, Memoranda and 0£icial Oonre^pondence, 304-305. Guizot to Saligny, August 1, 1844. Saligny is to discourage annexation as much as possible. Niles' Roister, LXIX, 403. Smith to Jones, November 14, 1844. Glad to hear ol his election as President. Jones, Memoranda and Official Copespondence, 399-401. Terrell to Jones, November 22, 1844 (extract). Saligny has received despatches Erom his Government on the subject of annexatiim. France will give the guaranty spoken of by Doctor Smith provided Texas will suspend annexation operations. Jones, Memoranda and Official Corre^)ondence, 404-405. Saligny to Jones, April 3, 1845 (extract). Has received cheering news from Mexico. Leaves for New Orleans soon. Jones, Memoranda and Official Correspondence, 443- 444. Saligny to Jones, May, 1845. The Deputies of Mexico have declared in favor of Texan independence by a vote of 41-43. Jones, Memoranda and Official Correspond- ence, 463-464. DeCyprey to Jones, May 20, 1845. See Calendar of Correspondence with the United States in Part I. Jones to DeCyprey, June 6, 1845. See Calendar of Correspondence with the United States in Part 1. CORBBSPONDBNCB WITH SPAIN. Fisher to Jones, May 3, 1842. Gives news of movement of Spanish fleet in the Gulf of Mexico, and suggests that n^otiations be opened with Spain for a treaty of commerce in order that she may not force the blockade. Jones, Memoranda and Official Correspondence, 195-196. CORBBSPONDBNCB WITH BBLOIUM. Lipscomb to Hamilton and Burnley, April 18, 1840. Hamilton is authorized to negotiate a treaty of amity and commerce with Belgium. Relations between Great Britain and the United States, and status of affairs between Mexico and Texas. House Journal, 5th Tex. Cong., Appendix, 277-280. CORBBSPONDBNCB WITH THB NBTHBRLAJ^DS. Hamilton to Lipscomb, June 6, 1840. Asks for power to treat with Belgium and Holland for the recognition of independence, and for conunercial treaties. House Journal, 5th Tex. Cong., Appendix, 286. Hamilton to Lipscomb, July 28, 1840. Reports progress of n^otiations with the Netherlands for recognition preparatory to securing a loan, and discusses prospects for securing a loan in France or Great Britain. House Journal, 5th Tex. Cong., Appendix, 287-291. Hamilton to Lipscomb, September 1, 1840. Reports on course of negotiations with the Netherlands for recognition, and discusses prospects for securing a loan in Europe. House Journal, 5th Tex. Cong., Appendix, 292-293. CORRBSPONDBNCE WITH THB HAN8E TOWNS. Daingerfield to Jones, February 4, 1843. Has received information relative to the government of the Hanse Towns. Jones, Memoranda and Official Correspondence, 207-209. Daingerfield to Jones, April 22, 1844. Sends greetings. For official information refers to despatches of the same date. Jones, Memoranda and Official Correspond- ence, 347-348. 39728**— VOL 2, pt 1—11 4 Digitized by Google 50 AMEBICAN HISTORICAL ASSOCIATION. Daingerfield to Jones, November 8, 1844. Congratulates Jones on hb election to the Presidency. Has been counteracting Mexican influence in Hamburg. Jones, Memoranda and Official Correspondence, 394-396. COBRE8PONDBNCB WITH THE PAPAL STATES. Cardinal Fransonius to President of Texan Republic [Burnet], July 18, 1840 (trans- lation). Announces appointment of John Timon as prefect apostolic, or pastor of the Catholic Church in Texas, and of other priests as his associates, asks that property of the church be turned over to Timon, and commends them all to Burnet's aid and pro- tection. Ikin, Texas, 77-78. Burnet to Cardinal Fransonius, December 24, 1840. Announces that principles of religious toleration prevail in Texas although most of the citizens axe Protestants, and promises that such property of the Catholic Church as can be identified will be turned over to Timon. Ildn, Texas, 78-79. Digitized by Google CORRESPONDENCE HITHERTO UNPUBLISHED. CORRESPONDENCE WITH THE UNITED STATES. AddUional Letters, 1835-1842.'' Jacksok to Houston.** Houston to Henderson .« In the name of the Republic of Texas, Free, Sovereign and Inde- pendent. To all whom these Presents shall come or may in any wise concern. I Sam Houston President thereof send Greeting Whereas it is the ardent desire and interest of this Government to open an intercourse between it and the United States Government upon just and liberal terms and to procure the acknowledgement by that Government of the Independence of Texas, and whereas accord- ing to usage that Government cannot receive a minister from this Republic until its Independence is acknowledged. Therefore I Sam Houston President of the Republic of Texas by virtue of the authority vested in me by the Constitution, do by these presents nominate, constitute and appoint William H Wharton and Memucan Hunt, the agents and representatives of this Government, to the Govern- ment of the United States with full power as such to negotiate for the recognition of the Independence of this Republic with the authorities of that Government, and to do all necessary acts and things for the purpose of effecting the object of their agency. In Testimony whereof, I have signed these Presents, and aflSxed my private Seal, there being no great Seal of OflBce yet provided. Done at the Town of Columbia this 31st day of December A D 1836 and of the Independence of this Republic the first. Signed Sam Houston P. S. L. s. J PiNCKNEY HeNDEBSON Acting Secy of State. aTbe oorrespondeDoe for this period was published in Part I, but what is here given has been discovered h September 4, 1836. Bee Calendar, Correspondence with the United States, addenda (in Part H). •See Records of Department of State (Texas), Book 38, p. 13. 51 Digitized by Google 62 AMEBIGAK HISTORICAL ASSOCIATION. BUBNLET TO JONBS.* Williams to Jokes.* Webb to La Branched Department of State Houston 27th May 18S9. Sm I have the honor to acknowledge the recpt of your communication of the 13th Instant announcing the appointment by the Govemment of the United States, of a Commissioner, Surveyor, and Clerk, pur- suant to the Convention entered into between the United States of America and the Republic of Texas for marking the boundary between the two Countries, and to inform you, that on the part of this Government, Branch T. Archer has been appointed Commissioner, C. R. Johns Surveyor and Hamilton Bee Clerk, to Carry into effect the objects contemplated by said convention. I have also the honor to inform you that these officers will be directed to meet in New Orleans on the first Monday in August next, agreeably to one of the provisions of said Convention, at which time it is hoped that the officers appointed by the United States Govern- ment will be prepared to join them for the purpose of entering upon the discharge of their respective duties I have the honor to be, with sentiments of the highest esteem and Respect Your Obdt. Servt. James Webb. [Acting Secretary of Siaie^ Honl. Alci^e La Branghe Ohargi d^ Affaires of the United States, Houston, ^^■^^■^*^^— a Oetober 11 , 1838. Se« Calendar, Correspondence wltli tbe XJi|lte4 States, aidmia (|n P^rt H). h March 11 , 1839. See Calendar, Correspondence with the United States, odAenia (in Part n). eSee Records of Departmrot of State (Texas), Book M, p. 108. Digitized by Google 00bbbspokd£hg£ with the united states. 53 buknet to dunlap.® Department of State Houston 3d Jum 18S9. Honorable Richd. G. Dtjnulp. Sm, I am instructed to inform you that the President has appointed Branch T. Archer Commissioner, C. R. Johns Surveyor, and Hamilton Bee Clerk to carry into effect the convention for running the line between the United States and this Republic. These officers will be directed to repair to New Orleans in time to meet those appointed on the part of the United States on the first Monday in August next. I have the honor to be Your Obedient Servant. David G. Subnet Actg Secty of State. Amobt to Dunlap.^ Department op State Houston July 84th 1839. I am instructed by the President to inform you that the following changes in the appointments of Commissioner and Surveyor on the part of this Government to run and mark the boundary line betwe^i the United States and Texas, have been made, and to request that you will give notice thereof to the Government of the United States. In the place of Branch T. Archer Esqr (of whose appointment as Conunissioner you were notified on the 3d Jime last, and who from private considerations has since been compelled to decline acting) the Honl. Isaac N. Jones has been appointed, and in the place of C. R Johns Esqr.tieorge W. Smyth Esqr has been appointed Surveyor. As circumstances not now foreseen may prevent the attendance of one or both of these Gentlemen at New Orleans on the day appointed for the meeting of the Commissioners, and to avoid any disappoint- ment or delay on the part of this Government in causing the line to be run, David Sample Esqr has been duly authorized to act as commis- sioner in the place of Doct Jones, should the latter GrentlemMi not attend, and if neither of them attend, then Lieut Col. Peter B. Dexter of the Texian Army will be authorized to act, and in the event of the failure of the Surveyor to attend, the Commissioner will be authorized to appoint some other competent person, and to proceed with the work immediately. You will perceive in this determination of the President to guard against all contingencies which might interrupt the progress of the a See Records of Department of State (Texas), Book 38, p. 115-116. h See Beoords of Dqiartment of State (Texas), Book 88, p. 120-121. Digitized by Google 54 AMEBICAN HISTORICAL ASSOCIATION. work, his great desire for its speedy accomplishment, and he trusts that an equal anxiety is felt by the Government of the United States to bring to a satisfactory adjustment this troubled question.^ I have the honor to be with great respect Your obedient Servant Nathl Amory. Adg Sedy of State Honl R. G. DuNLAP. Minister Plenipotentiary of the Government of Texas. Washington. Burnet to Dunlap.^ • Department of State Houston 19th August 18S9 To the Honl. R. G DuNLAP Sir, I have the pleasure to acknowledge several communications from you recently, and one from Mr Roberts of the 2d Inst. ^ enclosing copy of a communication from Mr Poinsett Secretary of War to yourself. . I regret to observe that Mr Poinsett seems to restjrict the obliga- tions of the United States growing out of the treaty with Mexico, to Indians resident within the United States. The prevention of any encroachments upon our territory from such Indians is certainly very desirable on our part, and manifestly incumbent on that of the Gov- ernment of the United States. But there is another description of Indians whose annoyances are equally intolerable to us and who are equally within the perview of the treaty stipulations. The band of Cherokees lately under the Chieftainship of the notorious Bowls* have been resident for some years in Texas, but they are orijginally' Indians of the United States, and having been unwelcome intruders here, have never lost their American character, nor acquired social or political rights here. They are clearly the legitimate subjects of the a There was an extensive correspondence between the oommlssioners of the United States and those of Texas, and between the Texan government and Its commissioner, part of which has been published In Sinate Doa., 27th Cong., 2d Sess., Ill (Serial No. 397), Doc. 199, and Howe Docs. 27th Cong., 2d Sess. n (Serial No. 402), Doc. 51, and more is copied in Records of the Department of State (Texas), Book 51. The main question raised in this correspondence, namely, whether the mouth of the Sabine should be inter- preted to mean the point where the river enters Sabine Lake or the point where the lake debouches into the Oulf of Mexico and by consequence whether the lake should be regarded as lying wholly within the United states or not— is quite interesting and important; but since Forsyth refused to recognize author- ity of the commissionerB to deal with the question and censured Overton, the United States commissioner, for engaging In the discussion (see his letter, in Pub. Does., 402, cited above), and since considerations of gpaoe in the publication of this Correspondence are claiming attention, the series to which this note refers is omitted. h See Records of Department of State (Texas), Book 38, p. 122. «InPartI,p.4U. d As to the form of this name, see Handbook of Amenean Indtans North of Mexico, Part I, les. Digitized by Google COBBBSPONDENCB WITH THE UNITED STATES. 55 Treaty stipulation on the part of the United States and properly belong to their jurisdiction and control. The Caddoes are more recent intruders upon our territory and they commenced their hostihties before they had the audacity to pass the line of the United States. The Kickapoos, Shawnees, Delawares, and Several Minor bands of the Creek tribe are in similar circumstances, — and these all have combined together in depredating upon our scat- tered frontier famihes. You have probably heard of the late campaign against the Chero- kees and its results. It is not ascertained whether they have actually passed the Une of the United States or whether they have only dis- persed in small parties and are meditating a cruel and desultory war upon our borders. They have been pretty severely chastised and we entertain a hope that they will give us no further Molestation. If they shall have crossed into the United States it is important that some adequate steps be taken by that Government to prevent their returning. If they should return, it will be more than probable that Many of the restless spirits among the tribes lately translated to our vicinity will unite with them and by becoming participants in the war here, will eventually kindle a flame that will spread along the whole line of the Missouri. The death of Bowls has deprived the tribes resident in Texas, of their most intelligent and mischievous head, and has in a great measure subverted their political powers by destroy- ing their means of combination. Still they may be capable of inflict- ing grievious evils upon our frontier settlements, by desultory incur- sions, and it is very important that we avail ourselves of every possible and just method of prevention. The propriety of the application to the Government of the United States in respect to these bands, is so obvious that the President does not feel it needful to present any further reasons in elucidation of it. The Presidents health is improving. We shall shortly be busily employed in removing to Austin. I have the honor to be Your Obdt. Servt, David G. Subnet Actg Secretary of State. Embebson to Johnston.* a September 2, 1839 (extract). See Amory to Dunlap, October 25, 1839, In thia series of addenda. Digitized by Google 56 american histobical association. duklap to dunlap.« Bank United States Seftr £8, 1839. Dear Oeneral You will of course apprise the proper authorities, that amount advanced to day, for the Bill on London, say $3633.33 (Three thou- sand six hundred and thirty three 33/100 dollars) is to remain here undrawed, of the deposit at present existing in this Bank until the Bill is paid, and will much oblige me by addressing to me a note saying that you have so advised them Always yours T DUNLAP Gen R G. Duklap Amort to Dunlap.* Department op State Austin 26th Odr 1839 Sir, The Honl David O. Burnet Actg Secty of State being at present absent from the seat of Government, I am instructed by his Excel- lency the President to transmit you a certified copy of a communi- cation received this day by the Honl. A. Sidney Jonston* secre- tary of War, from John EiUberson Captain of a company of Texas Rangers on our North eastern frontier, with a request that you will make its contents immediately known to the Government of the United States, in order that prompt measures may be adopted by that Government to prevent the threatened invasion of Texas by the Indians therein alluded to, and restrain them within their proper boundaries. That the action of the United States Government on this subject will be prompt the President feels the fullest confidence, from the repeated assurances of Mr Poinsett Secretary of War as commu- nicated through yourself, that his Government would oppose force to any body of Indians which might attempt to pass into Texas, and that orders had been given to the Commanders stationed at and a Bee ReoDtds of Department of State (TezM), Book 41, p. 891. This letter was an enckwnre with Dunlap to Burnet, October 12, 1839. Part I, p. 420, note a. » See Records of Department of State (Texas), Book 38^.p. 137-138. e Johnston. Digitized by Google COBBESPONDBNOE WITH THE UNITED STATES. 57 near the line of the two Countries to Carry out these views of the United States Government. I have the honor to be with Sentiments of High Consideration^ Your Obdt servant Nathl Amort CI^ Clk Dept of State. Honl KiGHABD G. DUIOAP Minister far the Republic of Texas Washington/ U. S. Bztnet of a letter direeted to the Honl A Sidney Jectfully suggest the propriety of deferring the discussion of it until more minute information can be had. In reference to the damages claimed, I can only remark at present, that the question of damages, and the amount, if any, to be allowed, will depend upon the circumstances of the case; and with the very limited intelligence we now have, it would be impossible to arrive at a satisfactory solution. The whole demand is so exceedingly exorbitant that a rigid scrutiny into the relative facts, seems to be indispensible to a just appreciation of it. I have the honor to repeat to Mr. La Branche, assurances of my high consideration. David G. Burnet. Adg Secty of State. To the Honl Alc£e La Branche Charge d^ Affaires of the United States, (The following are the letters transmitted as referred to above.) Austin SOth Novr. 18S9 Honl David G. Burnet. Sir, Having understood that the Honl Charg6 d'Affaires of the United States, near the (jovemment of the Republic of Texas, has claims against this Government for 10000 dollars which is charged by one Davis for 5000 pounds of inferior bacon pressed by the quarter Master of the fourth Brigade Texas Militia. Having been myself engaged in the sale of Bacon during the same season, previous to said impressment, I am enabled to say with certainty that at the time of tBe impressment of said bacon and previously, the highest price for which any was sold in the neighborhood of said bacon unless in very small quantities did not exceed seventeen cents per pound, average price from 15 to 17 cents per lb. The bacon taken by our Quarter Master was a very inferior article consisting of Jowls, Shoulders and Sides. Very respectfully Your Obdt Servt William Scurlock. Austin November SOtJi 1837.^ To Honl David G. Burnbt. Ser, I was acting in the capacity of Assistant Quarter Master for the 4th Brigade at the time the lot of bacon (5000 pounds) belonging a This la apparently the copyist's error for 1839. Digitized by Google COBBBaPONPBJKOB WITH THB UNITED STATES. 61 to or in the possession of a Mr Bryerly a citizen of Red River County, was taken for th? use of the troops of the hrigade, and it was always my understanding that, the ^boye Bryerly iirformed Majr West the Quarter Master that he could have the bacon. I am quite confident had any opposition interfered, this bacon would not have been taken. I draw this inference from ipstructions given to me when I com- menced preparing to fit out the 2d Battalion of the 1st Regiment. I can further say that this was an inferior lot of bacon, and much injured by bugs worms etc. having been on hand through the sum- mer until November before taken. Respectfully yours etc. Wii.i.uif M, WiULUUS. Honl David G. Bubnet. Db Sib, J have examined the communications from Captains Scurlock and Williams herewith enclosed and am certain that the statements made therein are strictly true. I lived in the adjoining county at the time of taking the bacon alluded to in said communi- cations, and I know very well that the price of the best bacon in small lots in the county of Red River, at and before the time of tak- ing said bacon was from 15 to 17 cents per pound, and no lot was during that time sold for a higher price, during the summer or fall in which said bacon was taken. Very Respectfully D. ROWLETT. Bubnet to ]L*a BBAifcnE.<» Depabtment op State Austin 16th Deer 1839— Sib, Many official engagements have caused me to defer replying to your note of 10th inst^ which was received some days ago. I cannot but regret that the phraseology of the note which I had the honor to address to you on the 7th instant, should give occasion for any explanatory discussion, and I regret it the more because you seem to have misconstrued its meaning in several particulars. I was perfectly sensible that Messrs Campbell ^nd Dean had exercised sufficient adroitness to present their demand in two distinct forms: but it was also apparent that the aggregate sum demanded for five thousand (5000, pounds of bacon exceeded ten thousand (10.000-) dollars, which is something more than two (2) dollars per pound for the Bacon. The three letters from highly respectable gentlemen, copies of which were transmitted to you a See Records of Department of State (Texas), Book 38, p. 131-132. ftlnPartl. Digitized by Google 62 AMEBICAN HISTORICAL ASSOCIATION. with my last note, afford ample testimony of the facts, that the bacon pressed was of inferior quaUty and damaged: that the current price of good bacon in the neighborhood and at the time of the pressing was from 15 to 17 cents per pound: and one of them very distinctly intimates that the bacon in question was taken with the free consent of the person in charge of it, although the receipt given by the Texian Officer purports that it was pressed. I therefore cannot per- ceive any impropriety in considering the demand as one, and the price of the bacon actually taken, as fairly estimated by its relative proportion to the amount demanded. The partition of the claim into two separate items, does not vary the result to this Government. We acknowledge to have received 5000 lbs of bacon and no more is alledged to have been taken. If 10072f j^ dollars are demanded for it we are evidently required to pay something more than two dol- lars per pound. The allegation of Messrs Campbell and Dean that 20193 pounds of inferior and damaged bacon was totally lost incon- sequence of 5000 lbs consisting of ''sides shoulders and bones", hav- ing been taken from it, is too preposterous for serious consideration: and I am persuaded that when the facts are fully presented to your mind, that you will perceive and assent to its absurdity. But it is perfectly cons6nant to the further fact that they have charged for this lost bacon, which remained in their own possession, something more than twice the current value of the article. I am constrained to express my surprise that you could for one moment imagine I intended to cast any ''imputation" upon the Government of the United States. It is true, that Grovemment, has "presented" this extraordinary claim and in doing so, it has dis- charged a common duty to its citizens. But I should beUeve with extreme regret, that in this instance, presentation and justification were convertible or synonimous terms. I have not so understood it, and cannot therefore be justily supposed to have designed any imputation upon that government which commands the highest filial veneration of nearly all Texians. That the demand of Mess. Campbell and Dean is utterly unrea- sonable, will I am convinced be made apparent to you when all the relative facts are disclosed, and then I am persuaded you will not differ with me in the moral estimation of that demand. Enough is already apparent to satisfy me on that point, and to corroborate an opinion founded on observation that some men of ordinary good repute, have small restraints of conscience in making up demands against a government, which is in this respect, but an aggr^ation of individual interests and is capable of being defrauded. So soon as the further information which I am expecting on this subject, shall be received, it will gratify me to submit it to you. Digitized by Google COBBESPONDENOE WITH THE UNITED STATES. 63 I have the honor to renew assurances of my high consideration and esteem. Your Most Obedient Servant David G. Bubnet Acting Secretary of State. Honl AjjctE La Branche Chargi d^ Affaires of the United States, Bubnet to La Branche.** Department op State Austin Deer. 17th 1839 Sib I hasten to acknowledge your note of this morning,^ and to express my entire concurrence, that a further discussion of the Sub- ject Matter, ''is, at present unnecessary and inopportune". In my opinion enough has been disclosed to Justify all that I have pronounced upon the merits of the demand of Mess Campbell and Dean — but I admit also, that more evidence may be necessary to a correct adjustment of the Specific amount to which they are equitably entitled. That something is due them is without controversy, but that their demand is exorbitant and unreasonable, is perfectly clear to my perception, and in pronouncing it so I have no desire to dimin- ish their claim a fraction of a cent below its true merits what those merits are is the essential matter for discussion, and where '^ the more minute testimony which is expected, shall be received it will afford me pleasing to renew the subject, and I trust to reduce it to a final and satisfactory conclusion. With distinguished consideration I have the honor to be, your obt. Servant David G Bubnet Actg. Secy State Hon AlgIib La Bbanche Chargi de^ Affaires Bubnet to La Bbanche.^* Depabtment op State Austin Decemh. 20th 1839 Sm Your note of 19th inst.« accompanied by a copy of a letter from Capt. J. Shepard of the Schooner Robert (^ntre, I had the honor to receive last evening. a See Records of Department of State (Texas), Book 38, p. 132-133. bin Part I, p. 431. • When. • See Becords of Department of State (Texas), Book 38, p. 132. • In Part I, p. 432. Digitized by VjOOQIC 64 AMERICAN HISTOBICAIi ASSOCIATIOK. The President regret§ exceedingly the unfortunate circumstances in which Capt Shepard is involved and will cheerfully extend to him every facility in his power, to obtain a redress of his alleged griev- ances. Our District Judges are invested with exclusive original jurisdiction in Maratime cases, and it so happens at this juncture that the judge of the District comprizing the port of Matagorda is on his way to the Capitol to attend the Supreme Court of the Republic, of which he is a member. To order a special court at Matagorda at this moment might seri- ously conflict with the proximate session of the Supreme Court, and result in great public inconvenience. But^ soon after the adjourn- ment of the Supreme court as may be practicable, a Special Court for maratime purposes will be held at Matagorda, when it is hoped and believed, Capt. Shepard will have ample justice dispensed to him. With great consideration I have the honor to be Your obt Servant David G. Burnet. Acting Secretary of State Hon Alc6e La Branche Charge d'affaires of the V. States, RowLETT TO Burnet." Austin 6th J any 1840 Hon David G. Burnet Acting Secretary of State of the Republic of Texas, D. Rowlett for himself and as Agent for others humbly petitioning sheweth to your honor, that heretofore on the 1st day of May 1839 — a party of Cherokee Indians then living a short distance above Fort Smith in the United States of North America did steal and carry oflF from the county of Fannin in this RepubUc the following property namely — Two Horses the property of D. Rowlett worth three hun- dred and fifty dollars, — one horse the property of J. Fitzgerald worth one hundred and fifty dollars, — one mare belonging to J. R. Gamett worth one htmdred and fifty dollars, — one mare the property of John Dimcan worth two hundred dollars, — one mare the property of George Duncan worth one hundred and fifty dollars, — two mares and one colt the property of George Dawson^ worth two himdred dollars, — one horse the property of J. C, Dodds worth one himdred and fifty dollars, — a See Records of Department of State (Texas), Book 38, pp. 133-134. This letter was enclosed with Burnet to Donl^, January 10, 1840, which was published as itself an Sfwirnnni In Waples to Bee, Sep- tember 30, 1840, in Part I. ftDtmron. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 65 two mares the property of John and Isham Davis worth two hundred dollars, — ^AU amounting in Value to the Sum of fifteen himdred and fifty dollars. Your petitioner would further state that Said Indians were pursued by himself and eleven other citizens of the Coimty of Fannin, a distance of about two hundred and fifty miles, and so closely that said Indians were compelled to leave on the way one of the mares belonging to the Davis's which was retaken on their trail, and when said Indians had been trailed up within a very short distance of Fort Smith in the United States where the said Indians then lived, your petitioners took from said Indians one of the mares belonging to George Dawson and the colt of said mare, but said Indians were able to conceal the ballance of the property stolen as aforesaid. Your said petitioners then went to Genl. Armstrong the Cherokee Agent State, and near Fort Smith to whom they made complaint and said Agent really pronounced that the Value of all said property together with the expence of pursuing it should be retained out of the first annuity which might fall due to said Indians upon proper applica- tion being made for the same, which I hope you will do through the Charg6 de'aflfairs of the United States residing near this Govern- ment, — ^fifteen hundred and fifty dollars, from which deduct two hundred and twenty five dollars, for recoverd horses, leaves a bal- lance of thirteen himdred and twenty five dollars to which add the sum of two himdred and fifty two dollars, to cover the expenses of twelve men fifteen days, will make the sum of fifteen hundred and seventy seven dollars due us for said horses, and for detecting the theives for the recovery of which your aid is most respectfully solicited, and we as in duty bound will ever pray etc. D. RowLETT for Himadfand others. Burnet to Dunlap.* Department op State Austin Jan'y SOth ISJfi Sir The President has learned with profound regret, that the Ambas- sador of Texas, accredited to the Courts of France and Great Britain has sustained a high indignity, and a serious interruption on his home- ward passage through the territory of the United States.^ It appears that that gentleman, the Hon J Pinckney Henderson was arrested and held to bail, in the city of New York, shortly after his landing from Europe, at the suit of Mr Timothy T. Kissam and o See Records of Department of State (TezM), Book 88, p. 184-186. h See Henderaon to Bumet, December [9J, ISSO, in Part I, 39728*— VOL 2, ft 1— U 6 Digitized by Google 66 AMEBICAN HISTORICAL ASSOCIATION. also at the suit of Messrs. Holbrook & Co Merchants of that city. And it is alleged those persons, were fully apprized of the ambassa- dorial character of the gentlemen against whose person their offensive proceedings were directed. General Henderson in a letter to this Department shortly after the Unfortunate transaction occurred, remarks, ''The first intimation, I had of their claims against me was from the Sheriffs who came to my apartments and arrested me with as little ceremony as he would have arrested a common Felon, although I exhibited to him my commission as Minister of Texas to France and England, and protested against the arrest as an insult to Texas and a Violation of her ambassadorial rights. " The most ancient and the most barbarous nations have recognized the rights of ambassadors as sacred and inviolable. Those rights include as a special privilege, exemption of the person of the ambassa- dor from the civil jurisdiction of the country in which he may reside and to whose Sovereign he is accredited. When that country is remote from his own and it becomes necessary to pass through other dominions in order to reach it or to return from it, his ambas- sadorial immunities accompany his progress, and all Sovereigns through whose dominions he may pass, are bound by the usual cotiiity of nations to respect his representative character and to afford him a free passage without molestation or hindrance unless his transition be attended by circumstances which involve some public hazard or inconvenience to the coimtry through which he passes. Nothing of this kind can be alledged in the passage of General Hen- derson from the courts of France and Great Britain, through the . territory of the United States, to Texas. He entertained no poUtical schemes adverse to the interests or the tranquility of the Government of the United States, nor Meditated any injury to any of its citizens. His object was simply to return by the most convenient route to his own country. In essaying to accomplish this object, after having rendered eminent services to his country, he has been rudely arrested and subjected to great inconvenience and indignity within a govern- ment with which Texas is proud to acknowledge her relations of amity and to profess her alacrity to reciprocate every feeling and every act of national Courtesy and friendship. The government of Texas is not insensible of the Vast disparity of physical power between itself and that of the United States. But this is a question of political and international right, and is not dependent upon physical power for its solution. It concerns all nations, for all are interested in sustaining the necessary immuni- ties, which all civilized and many barbourous powers have agreed reciprocally to confer upon those who bear the representative char- acter of a nations Sovereignty. The President cannot doubt that the government of the United States will Vindicate those immuni- Digitized by Google CX)RBESPONDENCE WITH THE UNITED STATES. 67 ties in her own behalf, and will also cause them to be rigidly respected on the part of her citizens, towards other Co-equal Sovereignties. The President expects you will represent this outrage upon the National dignity and the rights of Texas in Suitable terms to the government at Washington, and that you will request at their hands such reparation as from the facts and circumstances, may appear to be just and consonant to the Usages of Nations. General Hen- derson was subjected to a delay of several days and his personal feelings were Violated by indecorous language touching his country, by Mr. Kissam, one of the Plaintiffs. But the chief indignity was offered to the Sovereignty of Texas and such indignities are forcibly addressed to the Sympathies of other nations. Annexed you will find a list of the persons concerned in these affairs,* which list you will transmit to the Grovemment of the United States for their more certain action. It cannot be doubted that that government which has ever approved itself wisely jealous of its own rights, will feel the necessity of instituting prosecutions against its citizens who who have been so foi^etful of their obligations as to Violate the most saJutory rules of inter-national decorum and of Universal polity, which rules contribute so -much to the Conservation of National harmony, by affording a free passage to the Messengers of peace and reconciliation. With great consideration I have the honor to remain etc. David G. Burnet Acting Sec State To Hon R. G. Dunlap Lipscomb to La Branche.* Department of State Austin 1st April 1840 Sir I have the honor to acknowledge the receipt of yours of the 12th Ulto.* in relation to the case of Mr Shepard, Master of the Robert Center. The delay in the case of the Robert Center, was occasioned by a Vacancy on the Bench in the Matagorda District, and after that Vacancy had been fiUed by Congress, the judge was compelled to give his attention on the Supreme Court at the Seat of Government. There has been a Court holden at Matagorda, Since the date of Mr Shepards letter to you, and I have no doubt his case has been dis- posed of. a On the margin of the Record Book at this point is written '' Superior Court of the City of New York. Timothy F. Kissam ts J. Pinckney Henderson two notes BaU 13000 Lowell Holbrook. Thomas S. Nelson and William E. Shepard yb the same. Jones and Peck Deputy ShefZs. Dal. Lord Esqr. and Mr. Buller his partner witnesses to the arrest." » See Records of Department of State (Texas), Book 38, p. 139. «InPartI. Digitized by Google 68 AMERICAN HISTORICAL ASSOCIATION. Accept Sir the assurances of the high consideration and esteem with which I have the honor to be, your obt. Servant Abneb S Lipscomb Secretary of State To Honl. Alc£e La Bbanche Chargi d' Affaires U.S. Lipscomb to Flood.* [Appointing 12 o'clock, that day, for an interview with Flood, to receive his credentials.] ^ Deposftion of Swagerty and Others.* Republic op Texas County of Fannin 10th July 1840 I Samuel McFarlane an acting Justice of the Peace in and for said County Certify that Joseph Swagerty, Isham Davis, John Davis, John Damron, George Damron, George W. Duncan, John Duncan and Daniel Rowlett this day personally appeared before me, and after being duly sworn deposeth and saith that on the first day of May 1839 they and each of them with several other men, left their homes in Said County in pursuit of twelve mares and horses which had been stolen from the immediate Neighbourhood in which they lived on the preceding night, that after tracking said horses a few miles, the trails all came together, near Red River in said County, from which place said horses were tracked in various directions, on the South Side of Red River about twenty miles, that they then crossed to the North Side of Red River, that they then tracked said horses on the North Side of Red River from Said Crossing about one hundred miles, when on the fourth day they run down and retook one of the mares, that had been thus stolen, that they then pursued the trail of said horses to a point within forty miles of the Indian Agency near Fort Smith, at which point said deponents turned back, and further saith not, except George Damron, John Damron, and Isham Davis who still pursued said horses, and the said George Dam- ron and Isham Davis deposeth and saith, that at or within two hun- dred yards of the house of Deers-track a Cherokee Indian who lived on the east side of Arkansas River, they found one of the mares which a June 21, 1840. See Records of Depftrtment of State (Texas), Book 38, p. 144-145. b This was one of the enclosores in Waples to Bee, September 30, 1840. For the letter and three of the enclosures, see Part I. For the deposition, see Records of Department of State (Texas), Book 38, pp. 152-153. Digitized by Google COBBESPONDENCE WITH THE UNITED STATES. 69 had been thus stolen and a young horse Said mare was fore hobbled, Andy Van another Cherokee informed said deponents that said horse had been carried to the east side of Arkansas River, and crossed at the houses of She-Cow and Deers-tracks. Said deponents then started to the Agency and met with Aaron Hicks the Capt of the Light horse who described said horses having seen them at a Grocery a small distance from where he lived. Said Hicks informed said deponents, that said horses had been stolen by Jontaga, Bird Crier the Nabb and other Cherokee Indians. I also certify that Thomas S Smith and William Cattle this day personally appeared before me and after being duly^wom, deposeth and saith, that on the morning of the first day of May 1839, they personally and severally saw a bay mare the property of George Duncan which had been shot the preceeding night with Indian arrows in a gang of horses from which one of the twelve horses above alluded to was stolen, that said mare which had been thus wounded died of said wounds early on the first day after she had been wounded. I also certify that the above named George Damron and Isham Davis deposeth and saith that at the place on the east side of Arkansas River near the house of Deers- tracks where they found the mare and young horse they also say a horse, the property of Israel Gables of said County which had been stolen from said Neighbourhood in said County about the 1st Feby 1839, with three other horses the property of Parker McFarland and Black. Sworn to and subscribed before me this day and date first above written Saml MoFaklane J. P. Joseph Swagebty (l. s.) Isham Davis (l. s.) John Davis (l s) John Dambon (l s) Georqb Dambon (l s) G. W. Duncan (l s) John Duncan (ls) .D Rowlett (ls) T. S. Smith (ls) Wm. Catle (ls) [Next follow duly certified appraisements of the stolen horses."] Lipscomb to Hamilton & Bubnley.'' Depaetment of State City of Austin 15 Aug I84O To Genl James Hamilton and a. t. bubnley Gentlemen There is great difficulty in procuring funds for the salary of Mr Mcintosh, who is the acting Chargfi d'Affaires, for this Government, near the Government of the King of the French. He is entitled to a See Records of Department of State (Texas), Book 38, pp. 153-154. ft See Records of Department of State (Texas), Book 38, p. 148-149. Digitized by Google 70 AMERICAN HISTORICAIi ASSOCIATIOK. the Salary of Chargfi d'Affaircs, Say five thousand Dollars per annum, since Genl. Henderson left. If you can by negotiation raise the amount, and have it paid over to him, you are authorized, and requested so to do. I wish you to write to him on the subject, I am apprehensive he may have suffered some inconvenience, for want of funds.* We have had within the last few days considerable excite- ment here, occasioned, by a very daring descent made by abou^ four hundred Comanche, Warriors, on Lynns landing a place much used as a deposit, for goods, designed for this place, and the Towns South west of this. They succeeded in passing down the Prarie, from the mountains, between the Colorado, and the Guadaloupe, and plun- dered the two Store Houses at the landing of some twenty or thirty thousand dollars worth of merchandize, and killed some of our Citi- zens there, as well as some in the vicinity of Victoria. The militia turned out with great promptitude from, the^ adjacent Settlements, and a party of about two hundred from this County, Bastrop and Gonzales, under Genl. Felix Huston and Colonel Burleson had the good fortune, to intercept them, about thirty five miles from this place and recovered all the spoil, and chastised them very severely, entirely dispersing them. This destruction at Lynnville, will prob- ably be magnified much in the newspapers. But although it was a bold enterprize, on the part of the Indians, when the circumstances are correctly known, its importance diminishes very much, Lynnville or Lynns landing, as it is usually called, is at the head of the Labacca Bay, where there were two Store Houses, and some half dozen families, giving a population of about thirty persons, a considerable quantity of merchandize were generally deposited there, until it could be Transported in waggons to the different points of distribution, and some suppUes for the Government had in the course of the Spring been received there though none were there at the time of the attack* The Indians no doubt informed by the Arkansas traders, of the fact of the probabihty of making rich Spoil, and encountering, but sUght resist- ance, from the few persons residing there, and the f aciUty afforded by the Prarie's for a retreat. The severe lesson they have received, it is believed, will prevent a similar enterprize. It is though that they killed but few persons, as most were able to make good their retreat, to the Boats on the shore. We have recovered from the Indians the Book of the Custom House which they were conveying to the mountains. It is rumored and believed that there has been a Revolution in the city of Mexico in favor of the constitution of twenty four, that Urrea is at the head of affairs. I do not put implicit confidence in the truth of this rumor, but from the unsettled condi- tion of the Country and the non resistance, with which the State of aC/. note a, p. 1375. Digitized by Google COEBESPONDENCE WITH THE XTKlTED STATES. 71 Yucatan with-drew from the Central Government, I am prepared to look for the result reported, to have occured. We are aU anxiety to hear from you I have the honor, Gentlemen to be with great respect, your obdt. Servt. Abneb S.Lipscomb Waples TO Bee." Department op State Austin 19th Sep I84O Sib The Boundary line Commissioner (Mr Smyth) is at this time in Austin, and says that in consequence of the appropriation for carry- ing on that work being exhausted, and no appropriation upon which to draw for that purpose, he thinks it will not be possible to proceed with it, at the time agreed on, between him and the Commrs on the part of the United States which was the first of Novr. But as Con- gress meets on the first Monday of that month, and the question will doubtless be among the first taken up, and an appropriation for completing it made he thinks it advisable that you should inform the U. S. Govt., if in case he should not be present at the appointed time, of the cause of his detention; but will so soon as he is provided with means proceed immediately to the point of destination, which will be at farthest the Ist Deer. But if the Com and Engineer of the U. S. Think proper to meet at the time fixed on, to make observa- tions and satisfy themselves as to the point for starting, they can do so, as our Engineer and Surveyor are remaining there. The Presi- dent instructs me to inform you of these facts, that you may, if in your judgment you deem it proper, lay them before the U. S. Govt, in order that there may be no disappointment on the part of their Commsr. by being delayed at that point, and that he may be instructed not to be there until 1st Deer, instead of Ist Novr. It is very much regretted that so much delay has occurred in running this line. Much Solicitude is felt on the part of this Govt, to have it com- pleted. The President has been very ill since his return from Galves- ton. He is now convalescent but weak. Judge Lipscomb is absent, and will be foiu: or five weeks. I have the honor to be. Sir Your obdt Servant To Hon B. E. Bee etc. etc. etc. Joseph Waples Actg Sec of StaU o See Records of Department of State (Texas), Book 38, p. Ul. Digitized by VjOOQIC 72 american historical association. Lipscomb to Flood.** Department op State Austin City ISth Decernber IS/fi Sm, I have the honor to acknowledge the receipt of your, Note of this date, enclosing, the copy of a letter from, a citizen of the, United State, and enquiring, whether I considered that the Courtesy of friendly Nations would authorize an arrest and the surrender of the person charged, in the case presented, by the Copy of the Letter enclosed. I have the Honor to beg Mr Flood to be assured, that it will at all times afford this Government much pleasure to extend to the utmost limits the Laws of National Courtesy to the Government of the United States, but that the case presented is not believed, on the most Uberal construction to come within any acknowledged rule. It does not appear, that any offence criminal in itself has been com- mitted by the person charged, but that both would be classed as Mala prohiMta If however, the offence charged had been per Se Criminal, the Letter of Mr Wagner would not have been Sufficient evidence to Justify a warrant of arrest and an Order to Surrender him. An Exemplification of the Record, duly authenticated, would be required. I have the honor to be, with great Respect Your Obedient Servant Abneb S. Lipscomb Hon Geo H Flood Charge d* Affaires From the United Staies Waples to Amory.<» Department op State Austin 5th of Jany I84I Sm, ♦ ♦♦♦♦♦ ♦& I am also instructed by the President to say that he very much regrets the continued absence of Col Bee from Washington City, and that during the session of Congress there, his presence is indispen- sable. I am also instructed to say that this Government does not intend at present to make any further Overtures to Mexico, there- fore the Services of the Gentleman you recommend as Agent will not a See Reoords of Department of State (Texas), Book 38, p. 158. b The paragraph omitted here refers to Amory's salary and to the qneetion of purchasing certain books for the legation of the United States of Texas at Washington City. Digitized by Google COBBESPONDENCE WITH THE UNITED STATES. 73 be required. Gen Lamar has been absent from the seat of Govmt since the 15th Ulto by leave of Congress, to go to New Orleans for Medical attendance. Judge Burnet as Vice President performs the fimctions of President. With great Respect I am your Obedient Servant Signed Jos Waples acting Secy of State To Nathaniel Amoby Secy Texa^ Legation Washington City Waples to Flood.<» Department of State Austin 28th January 1841 In compliance with the request of the Honl. Charge d' affaires of the United States, the undersigned acting Secretary of State of the Republic of Texas, has the honoi; to furnish him a copy of the Treaty of Commerce and Navigation between the Republic of Texas and Great Britain The imdersigned avails himself of this occasion to give to the Hon. Charge d' affaires assurances of his high Consideration Signed — Joseph Waples To the Hon. Charge W affaires Of the United States Waples to Flood. ^ Department op State Austin 2nd February 1841 The Undersigned acting Secretary of State, acknowledges the receipt of the note of the Hon. Geo. H Flood, Charge d'affaires of the United States, requesting a copy of the convention between the Kingdom of Great Britain and the Republic of Texas.* It would afford the undersigned great pleasure to comply with the request, but as the Convention has not yet been made pubhc, consequently he will have to defer it for the present, but will so soon as circumstances will admit take pleasure in complying with the request. a See Reoorcl& of Department of State (Texas), Book 38, p. 159. This note was in answer to that of Flood dated January 26, for which see Part I, p. 476. ^ See Records of Department of State (Texas), Book 38, p. 160. c The request was of the same date as this letter. See Part I. Flood probably did not know that theie B three treaties between Texas and Great Britain waiting for ratification. Digitized by Google 74 AMERICAN HISTORICAL ASSOCIATION. The undersigned begs leave to assure the Hon Charge d'affaires of the continuance of his regard and consideration. (Signed) Joseph Waples. To Hon George H Flood Charge d'affaires of the United States. Waples to Flood.<» Department op State Austin Srd February 1841, The Undersigned acting Secretary of State of the Republic of Texas, is constrained to express both his regret and surprise, at the *' disap- pointment" which his note of yesterday has occasioned to the Hon Mr. Flood, Charg6 d'affaires of the United States. The Hon. Charge d'affaires has certainly given a latitude to his conjectures, unwar- ranted by any thing that has transpired from this Government, when he was led to believe that the *' interest of his country is involved in the stipulations of England and Texas." The Undersigned is instructed to say to the Honorable Mr Flood that whenever the President shall deem it expedient and consistent with propriety, to give publicity to the ''Conventional Treaty between the Kingdom of Great Britain and Texas" the Charge d'affaires of the United States shall be furnished with a certified copy of it. The Undersigned repeats his sentiments of distinguished consider- ation etc. etc. (Signed) Joseph Waples To Hon Geo. H Flood Charge d'affaires of the United States, to the Republic cff Texas. Mayfield to Flood. ^ Department op State, City op Austin February 12th 1841 Sm, I am instructed by the President of the Republic of Texas to acknowledge the receipt of your note of this date/ enclosing a copy a See Records of Department of State (Texas), Book 38, p. 160. This was In reply to the letter of Flood to Waples, dated simply February, Part L pp. 477-478i hnd flzet the date of that letter as February 2 or 3» t> See Records of Department of State (Texas), Book 38, pp. 162-163. « Part I, p. 47&-480. Digitized by Google COBRESPONDENCE WITH THE UNITED STATES. 75 . of an indictment in the United States District Court for the Eastern District of Louisiana against William McQueen for being a flef aulter, and embezzelment under the Sub-treasury act, as Post-Master *'at New Orleans of the United States" of the North. I have the honor to beg that Mr Flood be assured that this Government feels every disposition to extend to the fullest degree the rules of international Courtesy with the Government of the United States of the North: but that this Government can see no suflScient reason for departing from the rule laid down in the Note of the Hon Abner S Lipscomb late Secretary of State relative to the case mentioned bearing date the 13th of December A D. 1840,** to which I would respectfully refer the Hon Chargfi d'affaires of the United States to the Republic of Texas. I am further instructed to say that the avowal of the Execu- tive of the United States of the North, that ''he is not empowered to deUver criminals to foreign Governments in the absence of Treaty stipulations to that effect'* would of itself preclude this Government from deUvering to the authorities of the United States the individual in question, so long as the Republic of Texas shall act upon the prin- cipal of full reciprocity. I am instructed nevertheless to assure the President of the United States, that the Government of the Republic of Texas, in the absence of all Treaty Stipulations to that effect, feels an anxious desire, to extend every friendly courtesy consistent with rules of entire reciprocity and the Comity of Nations: but in such a state of affairs, that She cannot countenance the establishment of a principle so general in its application, as in the case of McQueen, who is charged with an offence merely mala proMhita With Sentiments of respect, I have the honor to subscribe myself Respectfully, Your Obedient Servant James S Matfield Secty ofStaie To The Hon. Geo H Flood Chargi d'affaires etc. etc. Matfield to Bee.^ Department of State City of Austin Feby 17th I84I. Sir This undersigned in assuming the duties of this Department found on file several communications from the Secretary of Legation at « This was doubtless written in answer to Flood's note of December 12, 1840 (See Part I, p. 460-470), but no copy of it has been found. fr See Records of Department of State (Texas), Book 38, p. 16^-164. €/. note d, Part I, p. 484, which should now be deleted. Digitized by Google 76 AMEBICAN HISTORICAL ASSOCIATION. Washington in relation to the unsettled question as to the Construe- . tion of tlfe Treaty between the Government of the United States and Mexico: and the obligation of the United States under that Treaty to restrain the Northern Indians residing on our borders. The President instructs me to inform you that in all probability it will be the most advisable to defer for the present any further dis- cussion of that subject: That you avail yourself of the most favorable opportunity to suggest, to the Secretary of State of the United States the importance, and mutual advantages to be derived to the respective Governments by establishing more definitely our relations and inter- course by farther Treaty stipulations. Independent of the high commercial advantages consequent upon reciprocal Treaty obliga- tions, the civil and criminal administration of the laws of the respec- tive Governments would be very much facilitated by properly tem- pered regulations relative to fugitives from justice, and public defaulters. It is the Presidents wish in presenting this Subject to the Secretary of State of the United States: that you will respect- fully, and zealously urge upon the Government of the United States the propriety of clothing the resident Minister of that Government here with power to Negotiate a Treaty with this Government. The facts, topography of the country, and all that appertains to our mutual relations with Northern tribes of Indians it is believed, can be perhaps more authentically obtained here, than at Washington City: More- over it would be an act of Courtesy at this juncture of our affaires, the tendency of which would inspire renewed confidence in the sta- bility of our relations foreign and domestic. Should the Government of the United States 3deld to this proposition, it is desirable that the Negotiation should be opened as early in the spring as possible. Your dispatch conveying the intelligence that you had represented to the Government of the United States the facts and circumstances connected with the outrage committed on the person of Gen Hender- son by his arrest at New York in the latter part of 1839 has been received, and the President instructs me to direct you to continue to represent in the most respectful, but decisive manner the subject to the Government of the United States, in conformity to your former instructions Herewith you will receive a copy of a communication froin Col William N Porter one of the Representatives from the County of Red River <* giving the evidence of the violation of the Jurisdiction of this Government, an outrage upon the laws and institutions of the same in wholly disregarding the rights and privileges of her citi- zens compromitting the friendly relations between the citizens of the Two Government residing near the line. This outrage it is understood was committed by a man named Ferguson a pubhc officer a Dated January 2, 1841. See Part I, p. 474-476. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 77 of the United States. The President feels assured that the Govern- ment of the United States will take steps to prevent a recurrence of such outrages, and punish the offending officer in the maimer pointed out by her pohcy and laws. We are in daily expectation of intelli- gence from Mexico. With Sentiments of esteem, I am Respectfully your Obt Sert J S. Matfield Col Barnard E. Bee Chargi d'affaires etc. etc. Mayfibld to Bee.* Department op State City of Aus^n March 22nd, I84I Sir Your Note of the 26th of January * the last dispatch received from the legation, was received about the first Inst, when the return of Gen. Lamar to the Seat of Government and resuming the functions of Chief Magistrate induced me to defer addressing you any further instructions. His views were known upon the subject of opening a negotiation with the Government of the United State: for forming a definite treaty of Amity, Commerce and Navigation; and embracing such other objects as may mutually interest both Nations. It is the wish of the President that you should, without delay represent in the most respectful and urgent maimer to the Government of the United States the importance of an early Negotiation relative to the several objects contained in my former note, in which the several matters now under consideration and discussion between the two Governments may be embraced, and definitively adjusted upon principles of entire reciprocity. It is moreover the Presidents earnest desire, that should the Government of the United States; accede to the proposi- tion to open a Negotiation at this time; that it should take place at this Capital, as early in the summer as practicable; and that the Minister resident here may be charged with the same, should he not be superseded by another appointment. You will therefore direct your attention sedulously to this object and independent of any suggestions that have been made, use such other and further reasons, as your judgment may dictate the most likely to secure this end. It is important to the United States as well as to Texas that our relations should be more accurately determined; at least so far as our commercial intercourse and Indian relations are concerned. In the first respect by properly regulated treaty stipu- a See Records of Department of State (Texas), Book 38, pp. 16^170. 5 See Part I, pp. 476-477. Digitized by Google 78 AMEBICAN HISTORICAL ASSOCIATION. lations, many of those apparently unimportant causes, but of frequent source of contention and which sometimes ripen into motives for dis- turbing the harmony of the tv^ Governments, could be wholly removed; and all local or political jealousies, and animosities engen- dered, or arising on our respective frontiers obviated or allayed: To vdt, the right of ingress and egress with the Slaves or body Servants of the citizens of either Government should be established. And by such regulations any conflict of jurisdiction, or violation of the due exercise of it upon the final establishment of the boundary line could be provided against, and means of punishment provided if infringed. The obligations of the respective Governments relative to the Northern Indians would be more specifically settled, in the event of a disposition being manifested by any of their tribes to disturb the peace and harmony of either of the two Governments. I Our respective frontiers might be prevented from becoming the seat of an extensive system of smuggling aUke injurious to the morals of the citizens and the true interests of both Governments. These hints are thrown out, that you may fortify yourself with some arguments that might not otherwise occur to your mind; and doubt- less you will be able to urge other and more cogent ones than here indicated; for relying upon your zeal and the hvely interest you have ever manifested for your country, it is confidently expected that you will not fail to impress upon the Government of the United States the necessity of an early negotiation on this subject. For whatever motives of policy or reasons may have existed here- tofore to suffer our relations to rest upon the doubtful and contested interpretation of the treaty with Mexico and the treaty of recognition; our position has materially changed; being, as we are, on the eve of carrying into execution our treaties of Amity, commerce etc. with England and Holland, which may be found to change in some points our former relations with the United States. Judge Webb will leave in a few days for Mexico. If you can procure the correspondence between Mr Adams and Don De Onis relative to the boundary in 1818-19. It is desirable you should send it to him at Vera Cruz. I avail myself of this occasion to renew to you assurances of my high consideration and esteem. Respectfully your Obedient Servant. J S. Mayfield Hon. Babnard E Bee Washington City. Digitized by Google cobeespondencb with the united states. 79 Flood to Mayfield.<» Legation op the U. S. op N. A. TO THE Republic op Texas CUy of Austin March 25th 1841 Sm— The undersigned Chargfi d'affaires of the United States of North America to the Repubhc of Texas, conceives it an imperious duty he owes the Government of his coimtry, superadded to the respect he must ever entertain for the sacredness and inviolability of the law of Nations, to apprise his Excellency the President of the Republic, through the Honorable Secretary of State, of an outrage, which the imdersigned believes to be flagrant in its nature and premeditated in its character. On the afternoon of yesterday, the Hon Alphonso De Saligny Chargfi d'affaires of the King of France, whilst in the act of visiting my family, at my lodgings, and when within the enclosure of the yard, was rudely and violently assaulted by Mr Richard Bullock of this City. I need not say to His Excellency the President, or the Honorable Secretary of State, that the indignity thus offered — voluntarily and premeditatedly — is as sensibly felt by the imdersigned as it must be by the Honorable Chargfi himself. The imdersigned from the well known and acknowledged character of his Excellency the President, for uprightness, intelligence and integrity — and from his laudable desire to harmoniously cultivate the relations that must exist between Nations allied by Treaty stipulations, and in the absence of which all intercourse must cease — doubts not, for a moment, he will promptly direct strict ^ measures to be taken for the redress of the grievances complained of, as are due to the parties and in consonance with the universally acknowl- edged Law of Nations. It is due to Mr Bullock to say, he called on the undersigned this morning, and disclaimed, in the most earnest manner, any intention on his part, to offer an indignity to the undersigned or his family. He certainly knew the Honorable Chargfi of France, visited no one in his house-hold but the undersigned and his family, and those visits daily in their character. a See Records of Department of State (Texas), Book 41, pp. 486-487. , ^ This is possibly the copyist's error for ''such"; or it may be that "such" was simply omitted. Digitized by Google 80 AMEBICAN HISTORICAL ASSOCIATION. The undersigned begs to assure the Honorable Secretary of his continued regard and trusts that harmony peace and good will may long characterize the course between their respective Governments. The imdersigned has the honor to subscribe himself Very Respectfully Your Obt. Servt. Geo H. Flood. To the Hon Jas S Mayfield Secy of State etc. Mayfield to Flood." Depabtment op State City of Austin March 29th I84I Sm: The imdersigned has the honor to acknowledge the receipt of your Note of the 25th Inst complaining of an "outrage flagrant in its nature and premeditated in its character" as it is alledged, inflicted in the afternoon of the 24th Inst on the "Hon A De. Saligny Charg6 d'affaires of The King of France, whilst in the act of visiting your family'' at your lodgings and when within the enclosure of the yard, who was rudely and violently assaulted by Mr Richard Bullock of this City. From the statements contained in your note; as also from the relation of the affair complained of, as given by Mr. Saligny, in the note which I had the honor to receive from him of the same date the indignity as alledged appears to have been solely directed against the Hon. Mr Saligny without reference to Mr Flood or his family The President however much he may regret the occurrence of that evening, and the acts complained of which for a time might seem to threaten a disturbance of that cordial and harmonious feeling which he hopes will ever characterise the relations of those Governments, which have given such unequivocal proofs of their friendship and sympathy for the Government of Texas as the United States and France; cannot conceive nevertheless how the subject can form the just ground of complaint upon the part of Mr. Flood. For it appears that Mr. Bullock '* disclaimed in the most earnest maimer, any inten- tion on his part to offer an indignity to the Hon Chargfi d'affaires of the United States or his family." The undersigned regrets that an occasion should have arisen, which could for a moment [have] induced Mr. Flood, to feel himself identi- fied or embraced in a question involving alledged outrages upon the person and household of Mr Saligny Chargfi d'affaires of France; a See Records of Department of State (Texas), Book 38, p. 17&-176. Digitized by Google COBRESPONDENCE WITH THE UNITED STATES. 81 which has grown into a matter of serioua complaint and anxious sohcitude. I avail myself of this occasion to renew to Mr. Flood assurances of the great consideration with which I am Very respectfully Your Obt. Servant J S. Mayfield Hon George H Flood ChargS d'affaires. U, S. Flood to Mayfield.* Legation of the U. S. N. A. Republic of Texas Austin March SlsL I84I, Sib: I have the honor to acknowledge the receipt of your note of the 29th instant in answer to mine of the 25th. I am wholly at a loss to understand by what process of reasoning or even construction of language you arrive at the conclusion that I feel myself ''embraced in a question involving alleged outrages upon the household of Mr Saligny Chai^6 d'aflFaires of France'' — ^for on no occasion have I expressed an opinion in relation to any difficulty between citizens of the Repubhc and the ''household" of the Hon- orable Chargfi of His Majesty, the King of France. I must there- fore, most respectfully decline the position [in which] your note assumes to place me, in relation to this matter. In my communication to you of the 25th, I complained of but a single circumstance — the unwarrantable attack of Mr Bullock upon the person of my distinguished guest, while in the act of visiting my family at their lodgings. The indignity, I thought, reflected quite as much upon me as it possibly could upon Mr Saligny, and in this opinion I hesitate not in believing the Government of my country will sustain me I extremely regret His Excellency, the President, "cannot con- ceive how the subject can form the just ground of complaint upon the part of Mr Flood'' for shortly after the transaction occured he both entertained and expressed a different opinion. I again renew the assurance of my continued regard and have the honor to subscribe myself. Very Respectfully Your Obt. Servt. Geo. H. Flood. To the. Hon J. S Mayfield Secey. of State etc. etc. a See Records of Deportment of State (Tbxas), Book 41, p. 489. 39728**— VOL 2, pt 1—11 6 Digitized by Google 82 amebican histobical assocution. Matfield to Bee.* Department of State City of Austin 20th April I84I. Sm The undersigned Secretary of State of the Republic of Texas has the honor to acknowledge the receipt of your dispatch of the 7th of March last,* which together with yours of the 25Ui*^ of January have been submitted to the President for his determination thereon. For the reasons suggested by you, it was deemed advisable to defer the further discussion of the subject of our Indian relations, and the mat- ters connected with that question until the new administration of the United States came into office. That event having occurred the President wishes you immediately to call the attention of the Gov- ernment of the United States again to that subject. By reference to the discussions that have at yarious periods been held relative to the Treaty of 1831 with Mexico,** it will be seen that the United States Government, has uniformly when her interest was involved assumed the position, that that Treaty in all its parts was binding and obliga- tory upon the Republic of Texas. Without questioning the rules of international law, which could admit of such an interpretation of the Treaty, this Government acquiesced in the position assumed; and in 1838 by a proclamation of the President the provisions of the 5th and 6th Articles of that treaty were declared in force and have been observed by the authorities of this country to the great detriment of our revenue. Under the Construction given by Mr. Forsyth to the 33rd article of that Treaty Texas would not be receiving an equivalent, for the sacrifices she suffers in her revenues; by allowing Vessels belonging to the United States to enter our Ports free of Tonnage duty. To arrive at a fair interpretation of that instrument the whole should be construed by its several parts and articles, by which means its true spirit and intention may be more accurately defined. It will be found that concessions, and privileges are contained in many of its clauses and provisions in many of its articles of which there cannot be found a sufficient guarantee or equivalent secured in the same article. This naturally arose from the relative strength, commerce, and political condition of the contracting parties at the time of mak- ing the Treaty, as will be seen by reference to the articles cited. The United States at the time had an extended commerce, and heavy Shipping. Mexico on the contrary (and with but remote pros- pects of improvement) was limited in her commerce, and yet more in a See Records of Department of State (Texas), Book 38, p. 178-181. ^ Amory to Majfleld, of the date given. See Part I, pp. 481-484. c The 26th; the dispatch Is Bee to Lipscomb of this date. d See Treaties and CofMentitme of the UnUed Stales, etc., 604-676. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 83 her shipping. The mutual guarantee then as to tonnage and other charges enumerated in the "5th and 6th*' articles of the Treaty can- not be said to secure to Mexico an equivalent, as it was apparent and must for years Continue that the whole trade of Mexico with the United States upon the Gulf would be carried in American bottoms. Again the United States was established in all the Departments of the Govenm\ent. Union and harmony prevailed throughout the whole, with a large standing Army, and an Organized Militia, and overflowing Treasury. Mexico on the other hand, was cut up into political parties, distracted in her MiUtary Strength and organization. She evidently sought to secure to herself an equivalent in the 33rd Article of the Treaty for the advantages obtained for the American shipping interest in the 5th and 6th articles of the same. Independ- ent of those considerations, the United States was bound upon prin- ciples of Justice aside from any treaty stipulations upon the subject, to guard the Government of Mexico, her citizens, or territory from hostiUties or incursions from those various tribes of Indians, which by her policy she was establishing on the immediate borders of the latter. Taking this view of the subject, which it is believed is the just one, supported by the relative miUtary and political position of the contracting parties, as well the natural and poUtical obligations' reciprocally resting upon both parties, it is difficult to conceive how the words of that instrument can admit of the construction given by Mr Forsyth, or in what respect the Executive of the United States is wanting "the legal power to check or restrain by force the volun- tary and peaceable M^ations of Indians" etc. The 33rd article imposes several distinct obligations, and em- braces as many distinct stipulations It is first agreed '' that the two contracting parties, shall by all the means in their power maintain peace and harmony among the several Indian Nations who inhabit the land adjacent to the lines and rivers which form the boundaries of the two countries.'^ This first stipulation, of itself impUes too plainly to be misunderstood, the exercise of MiUtary force, should it become necessary to answer the objects contemplated, ''peace and harmony among the several Indian Nations who inhabit etc" by all the means in their power which become imnecessary words unless force for the accomplishment of the end^ sought could be resorted to. The next clause of the Article however it is beUeved leaves no room for a doubt, or obstacle in the interpretation or just understanding and intention of the two contracting parties relative to the obliga- tions reciprocally imposed by that article; for as will be seen it is far- ther stipulated ''The better to attain the objects of maintaining peace and harmony etc" b9th parties bind themselves expressly to restrain by force all hostilities and incursions, on the part of the Indian Na- tions living within their respective boundaries Here then is an Digitized by Google 84 AMEBICAN HISTORICAL ASSOCIATION. express and palpable stipulation of the most sacred and binding char- acter, as between nations, to reciprocally, not only to restrain by force all hostilities, but incursions '* Voluntary and peaceable" or of what- ever kind, of the Indians Uving within the respective boundaries of the two Nations. If such a restraint is not held over the Indians belong- ing to the United States, it may be asked, in what manner can that Government fulfil the obligation imposed by that Treaty if binding between the Government of the United States and the RepubUc of Texas, when in the same article under discussion they bind them- selves not to suffer their Indians to attack the Citizens of the United Mexican States nor the Indians inhabiting their territory" unless by a resort to force to confine them within the limits designated by the former Government or their future abode under the policy adopted by that Government in the removal of the Several tribes west of the Mississippi? Otherwise the territory of Texas might easily become the hunting grounds of the numerous hordes of Northern Indians established on our immediate borders through the poUcy of that Gt)v- emment, and our citizens an easy prey to the tomahawk and scalping knife of the restless savage, and their property a luring bait to the enactment of scenes appalling to humanity and the United States a witness to the scene, and not an arm extended to stay it; because the Migration of the Indians to our territory was under the guise of a vol- untary and peaceable removal, and their "nomadic habits interposed obstacles to the restraining of them within their own territory and the limits designated them. From the well known character of the various Indian Nations, it has long since been amply demonstrated to the American people that persuasions and treaties have had but little influence in curbing (with some exceptions) the wild and savage habits of those tribes; and that a ready, or absolute demonstration of force, has alone been adequate to restrain them from predatory war- fare, and predatory incursions upon their neighbors. All of which considered, it is not conceived that the treaty by any construction of language or rules for the interpretation of treaties is admissible of the construction intimated by the Government of the United States. The undersigned has been thus full, without resorting to all the arguments that might be adduced which must readily suggest them- selves to your mind, as the President is soUcitous that the discussion of this question should be definitely determined, and the extent to which the United States will go clearly ascertained. It will be recol- lected that she has on a former occasion in 1836, claimed I beUeve the right of occupying the territory of Texas with an armed force, in order fully to enable her to fulfil the obligations (as it was alledged) imposed upon her by the article in question. ^ The President however with a view to guard against all future contingencies as well as to secure to the Government of Texas a just Digitized by Google COEBESPONDENCE WITH THE UNITED STATES. 85 reciprocity and correspondence in her political and commercial rela- tions, deems it advisable that the necessary preparatory measures should be adopted to put a termination if binding at all to the stipula- tions of the treaty so far as relates to commerce and Navigation. This line of policy becomes the more imperative since the Government of the United States evades as it is beUeved the plain and obvious obliga- tions pointed out in the 33rd article of the Treaty. In the opening of Spring we may again expect predatory bands of Indians from the United States, to prevent which this Government is not advised that the Government of the United States have taken any precautionary measures. Persuasions have hitherto had but Uttle influence over the Indians residing on our borders. Besides under the present system, our revenue is materially crippled, and our duties placed upon a basis highly detrimental to the public interest. In view of all the circum- stances I am directed by the President, to instruct you, to formally notify the Government of the United States; of the intention of this Government to terminate the stipulations of the Treaty so far as relates to ''Commerce and Navigation". This notification you will give in Conformity to the 34th article of the Treaty, confining your attention to the objects therein specified. The President approves of the correspondence you have opened with the ChevaUer d'Ai^aiz Envoy extraordinary and Minister Pleni- potentiary of her Catholic Majesty the Queen of Spain;* and desires that you will keep the Government informed of the nature, and spirit with which the propositions have been received, by the Government of Spain independent of the considerations urged in your communi- cations to the ChevaUer d'Ai^aiz. Texas would become an active Competitor in furnishing to Spain, and Cuba, many of those articles of import which are now monopolized by other quarters of the Globe. You will receive as soon as the disposition of her Catholic Majesty is ascertained detailed instructions to guide you in a negotiation aUke important to the Commerce of Texas and Spain. In the mean time you will endeavour to obtain the earUest information consistent with the relations you bear to the ChevaUer d'Argaiz. Herewith you will receive the petition of Doctr Robertson of this City relative to the capture of his Negroes. It is believed that the stipulations of the 33rd article of the Treaty will cover this case; as by the laws of Mexico Slavery was not tolerated. This subject you wiU caU the attention of the United States to, and urge the propriety of taking efficient measures for the restoration of the slaves mentioned It will be seen from the multipUcity of cases accruing, giving rise to the mutual interpretation of both Governments that the Government of the United States will not longer delay entering into a negotiation a See Amory to Secretary of State, March 7, 1841, Part I, p. 481-484. Digitized by Google 86 AMEBICAN HISTOBICAL ASSOCUTIOK. defining by express treaty stipulations the cojuxaercial and political relations of the Two Governments; more particularly when the Treaty alluded to it is subject to such doubts, and interpretations aa seem to have been placed upon it. We have received advices from Gen Hamilton to the 3rd March.* Judge Webb has sailed for Mexico, and we anticipate that he will receive a favorable reception, and [that there will be] a speedy termi- nation of our difficulties with Mexico. The President will convene Congress about the middle of June; which fact you will communicate as speedily as possible to Gen Hamilton. I have the honor to be with sentiments of regard. Very Respectfully Your Obt Servant J S Matfield To Col Barnard E Bee Mayfield to Amort.* Department op State Austin April 2Jtih I84I Sir Intelligence reached us to day of the melancholy event to the United States in the death of Gen. William Henry Harrison late President of that Government. In honor to his Memory, and to the Government over which he presided as Chief Magistrate only for the brief period of one Month, until death relieved him of his cares, our flag is flying at half mast, and salute Guns^ are firing every thirty minutes, until sunset. Col Bee's letter of April 6th to Judge Burnet ^ mentions his intentions of visiting the South until the extra session. In the mean time the President directs that you will seduously urge upon the Government of the United States the necessity of immediately opening the negotiation for a treaty. This Department is not yet notified that the attention of the Government of the United States has been called to the Subject. If it is concluded on the part of that Government to open the negotiation at Washington it is important that this Department should be speedily informed thereof, in order that the necessary instructions should be forwarded to the Legation at Washington City. The reasons that have hitherto been furnished you, together with the reasons connected with the difficulties attending a due under- standing of the stipulations of the treaty, will it is hoped, together a See Hamilton's letter of that date in the Correspondence with France. ^ See Beoords of Department of State (Texas), Book 38, p. 181-182. cThis letter has not been found. Digitized by Google COBBESPONDENCB WITH THE UNITED STATES. 87 with such arguments as may naturally be suggested to your mind, enable you to induce the Government of the United States to enter at once upon the negotiation, whereby it is believed our relations can be more satisfactorily determined, and upon principles of entire reci- procity. In your intercourse with the Secretary of State, you may find it more advantageous, and better calculated to facilitate a determina- tion of the question to seek as often as possible a personal interview, and discuss the question verbally with Mr Webster, taking care always to reduce to writing the substance of the conversation held at such interviews. The difficulty of answering or replying to any objections that may be taken, and of discussing the details of any given question by written communications, renders the discussion prolix and tedious; and in this matter it is becoming a question of no inconsiderable importance not only to the agricultural and commercial interest of this coimtry, but particularly so, as far as relates to our revenue, and the Indians on our borders. These remarks are thrown out as hints; as the manner of conducting the discussion of this questiou must be determined by you. It is desirable that you should not fail to communicate the earliest infor- mation of the conclusion of the Government of the United States on this Subject. I am Dear Sir, with sentiments of esteem. Your, Obt. Servant J. S. Mayfield. To Nathanl Amory Secretary of Legations Washington City. Secretary op State op the United States [Webster] to Eve.** Roberts to Bee.* Department op State City of Austin June 21 st I84L Sir Soon after assuming the duties of Acting Secretary of State several communications from Mr Amory of the 12th, 14th, 19th, 23rd and 30 th April « were received from Mr Mayfield who was then at Houston and who stated in his letter accompanying them, that he had '^ answered them" but omitted to send to the Department a a Jtine 15, 1841. See Eve to Waples, February 27, 1843, in Correspondeiice with the United States. b See Records of Department of State (Texas), Book 38, p. 192-195. e That of the 12th was fh>m Bee. For aU, see Part I, pp. 484-494. Digitized by Google 88 AMEBICAN HISTORICAL ASSOCIATION. copy of his reply, having accidently left it at Galveston. Presuming that Mr Mayfield's reply to your several Communications was full upon every point, on which you wished for information or instruc- tions, I do not consider it necessary to do more than acknowledge their receipt. More recently Mr Amory's communication of the 20th May," has been received The formal announcement to the Government of the United States contained in that letter, of the resolutions of this Government to terminate the Treaty of the 5th April 1831, between the United States and Mexico, so far as it is binding upon the United States and Texas, in all matters relating to Commerce and Naviga- tion, as soon after the date of said communication as is compatible with the provisions of the 34th article of said Treaty, renders it highly important that a substitute should be provided at as early a day as possible. It seems quite evident from what has fallen from Mr Webster in the personal interviews you and Mr Amory have had with him, that he will not consent that the treaty should be made here. It will therefore be of vast importance to us to know dis- tinctly, as far as you can ascertain by conversations with Mr Webster, or otherwise, which, or how many of the principal features we wish to incorporate in the Treaty, they will make most difficulty in grant- ing and what will probably go without question. There seems to be three distinct and separate heads or branches, under the one or the other of which, every topic that will probably enter into the con- templated treaty will be naturally considered. Viz: 1st. The free Navigation of the border rivers, The Sabine and Red Rivers to the Sea, 2nd Our Indian Relations, 3rd Our Commercial and Maratime relations on the high Seas. This Department is not informed, whether the Grovemment of the United States will contest the first point or not, but as it is one of great and growing imj>ortance to a very large and wealthy portion of our citizens, it should no longer be permitted to remain in doubt. In a similar case in the early history of the United States, the position which that Government took is well known, one of the very first questions which was raised after the close of their Revolutionary war with Spain, was upon the subject of the Navigation of the Mississippi. The position then assumed by all the Diplomatic Agents of the United States, who had occasion to touch upon this subject, was their "natural right to the free Navigation of the Mississippi to its entrance in to the sea." ^ The Congress too on several occasions, asserted their claim in strong and emphatic language. One resolu- tion particularly may be mentioned. On the 16th Septr 1788 the United States in Congress assembled, Resolved "That The free Navigation of the Mississippi is a clear and essential right of the aSeePartI,p. 494H96. ft Cf, American State Paper; Foreign Relatione, 1, 251-263, paeeim. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 89 United States, and that the same ought to be considered and sup- ported as such". And in the resolution which followed, a stop was actually put to the negotiations with Spain and the whole matter referred to Congress, because of the unwavering pertinacity, with which Spain Clung to her claim of the exclusive right to the use of that river. The conduct pursued by the United States throughout that con- troversy, is a matter of history to be found in all their public records. And as their clainv there was founded in reason and supported by strong and unanswerable arguments, it is presumed its reasonableness, will not now be denied. The position which the United States then occupied towards Spain, we now occupy towards her precisely, as far as the Navigation of the Red river is concerned. As regards the free Navigation of the Sabine, the question is a little varied; but not it is thought materially. The United States own to the Western bank below the 31°^ N latitude, above that the River is entirely our own, so that our claim is stronger in this case than in the former. In fact the bare supposition that our right to the free navigation of the Sabine will be questioned, seems a violent one, and the only object to be attained in introducing it into the Treaty is to shut up the door against all future doubt. I have not been able to ascertain whether the right of this country to the free navigation of the red River has ever yet been formally called in question by the Grovemment of the United States; but murmurs and complaints from among our own citizens begin to be frequent of seizures and detentions of Texan produce by the authorities of the United States above and below Natchitoches. Our settlements on the upper part of the Red River renders it necessary that this matter should be definitely settled, at the very earliest possible date. The right to the free navigation of this River ought never to be abandoned. The Mode only of exercising it should be specified in the Treaty. In regard to our Indian relations, it would be diflBcult it seems to me> to place them upon a fairer or more equitable footing than the one they already occupy in the 33rd article of the Treaty between the United States and Mexico, which Treaty both Texas and the United States have tacitly acknowledged to be mutually binding. A little more precision might perhaps be given to certain expressions in it, if there be any reasonable doubt as to their true meaning, a doubt which however, I have never entertained myself. In this I perceive I differ with Mr Mayfield who thinks that the word "incursions" as used in the Treaty means ''peaceable" as well as "warlike" incurs sions — ^an interpretation which I think is Contradicted by the Con- text. I do not conceive howef er that it matters much which is the true interpretation. The Treaty will expire in May next at any rate, « Properly 32'*. Digitized by Google 90 AMEBICAN HISTORICAL ASSOCIATION. and before that time it is hoped a new one will be formed. The mutual obligations of the two Governments to restrain their Indians from making war or committing depredations upon the citizens and property of their neighbors, is to my mind a natural one. It follows of course from their claims of sovereignty. The Indians residing within the limits of the United States, and under their avowed juris- diction, are, so far as all foreign powers are concerned, *' Citizens" of that Country, and no nation will be permitted to enquire into, or intermeddle with, the manner in which they are governed, and that every government is bound to restrain their Citizens from making war on a friendly power, needs only to be asserted to be universally accorded. The Same reasoning is o^ course equally applicable to this Government. If this principal be acquiesced in by the United States, there can be no serious difficulty in the way in pointing out in what maimer restraints shall be exercised. When Indians are at peace with the power, within whose limits they reside, and make war upon the other contracting power, it ought to be the bounden duty of the former, to send such a Military fore© against such Indians, as wiU be sufficient to disarm them, and to capture the principal offenders, who should be given up for punishment to the aggrieved party. And if such Indians are pensionaries of the power within whose limits they reside, their pensions ought for a limited period to be cut off, and remuneration made for the damages doniB by said Indians. But if any tribe or tribes of Indians are first at war with the power within whose limits they reside, and afterwards make war or hostile incursions upon the territory of the other contracting party, all that either party could in justice require of the other, would be the sending of such a Military force against them as the protection of their own territory and Citizens would demand, without being held responsible for any property taken off or destroyed by the Indians. One other point only presents itself on this subject Viz: the obliga- tion on the part of the United States to remove such of their Indians from our territory as have emigrated from theirs. We may well insist that this duty on their part is clear and un- questionable so far as relates to all such Indians as have come into our territory since our separation from Mexico, as well as to those who came here prior to that period without the sanction or permis- sion of the Supreme power of Mexico and this upon such obvious principles that it is not thought necessary [to] enumerate them. But that there is another obligation on the part of the United States to remove such as came here by permission of the Mexican Authorities, anterior to the date of our declaration of Independence, and while we were yet of course an integral part of the Mexican Confederacy, may well be doubted; and by the last administration of the United States I recollect, was expressly denied. How far the present Digitized by Google COEBESPONDENCE WITH THE UNITED STATES. 91 administration will be willing to go, will be for you to ascertain, which may best be done, at personal interviews with the Secretary of State. There seems no necessity of specifying by name, what tribes of Indians are meant to be included in the Treaty. The principle once settled, will embrace aU residing in the respective limits of the two Governments. As regards the Third principal point, little need be said about it in this letter, which is intended rather to direct your attention to the particular subjects to be considered in the contemplated Treaty, than to instruct you conclusively and finally on them. This could not be done at all, without risking an inconsistency in the instruction given by this Department, until a copy of Mr Mayfield's last com- munication to you is obtained,^ and ought not to be done until this Department is better informed of the views intertained by the gov- ernment of the United States on some of the most important points. Entire reciprocity is all that either government ought to, and I pre- sume does expect. What amounts to reciprocity has been so long, and so well settled by numerous Commercial Treaties between differ- erent nations, that there are few or no principles left in doubt. It seems but fair that as the United States are to have all the benefit of treating at home, where they can have frequent reference to the proper Departments for information and instruction; that we should be entitled to something like an equivalent. It is proposed therefore, that the Government of the United States, after being fully advised of the principal points which this government desires to settle by the Treaty, submit a sketch of such a Treaty as they are willing to make to you as the representative of this government. The only advantage we could expect to derive from their compliance with this proposition, would be, that it would save much time, as the fewer points there are left in dispute, the less time will be required to settle them. We oflfer, provided they will consent to make the Treaty at Austin, to do what we require of them. It is hoped that as soon after the receipt of this letter as possible, you will give this Department all the information you may be able to obtain upon the different subjects presented, as well as the answer of the United States Government to the last proposition. In whatever this letter may conflict with Mr Mayfields last com- munication to you from Galveston, this must yield, and his will be your instructions, the reasons for this is obvious to you. The Santa F6 expedition took up the line of march from the en- campment on Brushy, distant about twenty miles, on the morning of the 20th Inst. The Military under Command of Brevet Brigadier a liayfield's last oommnnlcation on the subject seems to have been from Galveston (see the first p«n>- grq>h of this letter), bat it has not been found. Digitized d by Google 92 AMERICAN HISTORICAL ASSOCIATION. General Hugh McLeod, consists of five companies mounted infantry and one of Artillery. A caravan of Merchants with goods suited to the market drawn in waggons accompanies the expedition under the protection of the Government. The instructions given by this Department to the Commissioners are to the effect. That they are to endeavour to prevail upon the people of New Mexico resideing within our limits^ to submit quietly and peaceably to an incorporation with us, and to acknowledge our right of Jurisdiction to the fullest extent. This being accomplished our revenue laws are to be put in force at once and a small Military force kept up there for the purpose of repelling any sudden attack of the Mexicans or Indians." A Commis- sioner is also appointed to reside at Santa F6 as the representative or agent of this Government, with special instructions for his guide.* No further alterations are contemplated either in their laws or form of Government, than are absolutely necessary, from the alteration in their affairs, by a change of their allegiance. It is expected that a part of the expedition will return to this City as early as the 15th of Novr. next, and will probably bring delegates to our Congress. I neglected to mention above one other subject which it would be well to sound the United States Government upon. I mean the granting by each government to the Citizens of the other a free introduction of a limited number of slaves when taken as servants, for the purpose of attending on their masters or owners, and not for hire or sale. This is a delicate topic and will therefore require very nice management. You must exercise your own Judgment in ascer- taining what effect the introduction of such a feature into the Treaty, would have upon it in the Senate. It would not do to hazard the whole Treaty for the accomplishment of an object com- paratively insignificent. I only call your attention to this, as I have to the other topics embraced in this letter, reserving more particular instructions, for Mr Mayfield on his return to the Seat of Government. I have the honor to be Very Respectfully Your Obt Servt. To Hon Barnard E Bee. i Washington, Saml. a Roberts Aclin^ Secy of State. a For the instructions, see Roberts to Cooke and others, June 15, 1841, in Correspondence with Mexico. b See Roberts to Cooke, June 15, 1841, in the Correspondence with Mexico. Digitized by Google correspondence with the united states. 93 Roberts to Bee.** Department of State July 8th 1841. Sir: Since my last letter to you, Mr Ainory's favor of the 12th ult. has been received to which no particular reply is necessary. We are anxiously expecting further advices from you upon the subject of the contemplated Treaty. The President is extremely anxious to have that business closed before the meeting of Congress if possible, and at any rate before the expiration of his term of office. A Treaty upon a basis of strict reciprocity cannot be a bad one, and with no other guide you might confidently proceed to the discussion of the different articles. The protracted absence of Mr Mayfield has prevented any more specific instructions than the hints contained in my Communi- cation of the 21st June last. I have reason to believe that some of the original drafts of our earliest public papers were taken on to Washington City, and are now on file in some of the Departments there, probably the war [Department]. The journal for several days of the proceedings of the Convention, The original Constitution et<5. are all missing These papers if there, will doubtless be given up with pleasure by the Government of the United States. The mode of making the application, can be best judged of by you. Your particular atten- tion is called to it as a matter of interest in the future history of this Country. I enclose a communication for Genl. Hamilton ^ wliich I wish forwarded by first safe opportunity. The letters and the papers accompanying it are left unsealed that you may first read them. They will fully advise you of all that has transpired up to this time. When I wrote last night to Gen H. I thought I should accompany Genl Lamar to Galveston. I think now it will not be necessary. Genl Lamar will go down alone, and either he or Judge Webb will inform Gen Hamilton of all that will be necessary for him to know. I have the honor to be with high regard Your Obt Servt Saml. a Roberts Acting Secy of State, The Hon Barnard E Bee a See Records of D^Mirtment of State (Texas)^ Book 38, p. 106-197. fr Roberts to Hamilton, July 5, 1841. See Correspondeiioe with Great Britain. Digitized by Google 94 american historical association. Roberts to Eve.« Department of State City of Austin August llih I84L Sm. I had the honor of receiving this morning your letter from Gal- veston of the 31st Ult. addressed to the Secretary of State, with the papers mentioned to be enclosed in it.* Unfortunately our Mail arrangement is such as to leave but one entire day between its arrival and departure, which usually renders it impossible to do any more than to acknowledge by the return of the post, the receipt of any communication of the important character which yours possesses. It will however be immediately laid before the President, and I flatter myself, that such order will be taken respecting the subject of your request, as will prove satisfactory to you. I avail myself of this occasion to tender you assurances of my distinguished consideration, Saml. a Roberts Actijig Secy of State Hon Joseph Eve Charge d'affaires of the United States, Roberts to Eve.* Department of State Austin August 17ih I84I. Sir: Your communication of the 31st ult, the receipt of which was acknowledged in my note to you of the 11th Inst, has been submitted to the President and I have his instructions to make the following reply. Among the papers accompan[y]ing that communication is a cer- tified copy of an indictment "found by one of the Criminal Courts for the State of Louisiana'' against one Moro Philips for stealing two negro Slaves in the said State of Louisiana, and who, it is alledged, has "fled with them to the Republic of Texas". In a subsequent part of your communication you say — "In the absence of a Treaty stipulation with the two Governments, upon the subject of fugitives from justice, I am aware that the surrender of Philips cannot be claimed as a matter of right. It has however been understood and believed in the United States that the Government a See Records of Department of State (Texas), Book 38, p. 197. h For the letter and enclosures, see Part I, pp. 504-506. • See Records of Department of State (Texas), Book 38, p..l98. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 95 of Texas, from feelings of comity which exist between the two Republic's, would not be disinclined to surrender to the proper authorities fugitives from justice from the United States,'' and that you are "therefore instructed by the Government of the United States to request through you (me) that the Government of Texas surrender the said Moro Philips to the proper authorities of Louisi- ana." Whatever may be the "feelings" which this Government entertains on this Subject, the avowal of the accredited agent of the United States on a recent occasion, when making a similar demand of this Government, " that the Executive of the United States is not empowered to deliver Criminals to foreign Governments in the absence of Treaty stipulations to that effect"** would of itself be amply sufficient to justify the President in refusing to comply with your request even if his constitutional right to do so, was clear and unquestionable; for it surely cannot be expected of one nation, to exercise an act of international courtesy, when it is distinctly informed beforehand that the same act, under similar circumstances would not be reciprocated. I do not mean now to intimate, what course this Government would have pursued if the case had been differently presented. I know of no public act or declaration on the part of this Government, which authorizes the inference that it (the Government) would not be disinclined to surrender to the proper authorities, " fugi- tives from justice from the United States" nor indeed do I understand you as deducing your inference from any such authority. If I am mistaken in this you will correct me. But even then the President would feel himself clearly absolved from any obligation he might otherwise have felt himself under, by the official avowal of the policy as above quoted, which the Executive of the United States would pursue in like cases towards this Government. In no view of the case does the President then feel that he is called on to deliver to the United State, Moro Philips, who, it is alledged, is a fugitive from justice; and I am therefore instructed by the Presi- dent to inform you that he declines, for the reasons above given, complying with your request. It affords me much pleasure Sir, to furnish you with a copy of the Treaty between this Government and France, as you request. It is sent with this Communication. I avail myself of this occasion to renew to you assurances of my high regard and consideration. Saml a Roberts Acting Secy of State, Hon Joseph Eve Charge d'affaires. U. S. A. a See Flood to Burnet, February 12, 1841, Part I, pp. 47S-479. Digitized by Google 96 american historical association. Roberts to Bee.« Department of State Austin 7th Septr 184L Sir: Your communication of the 31st July was received by the last Mail, and with it, a copy of your note to Mr Webster on the sub- ject of the contemplated treaty with the United States.^ A short time previous to this, yours of the 13th July to this Department'' also came safely to hand. In this last you mention that you are entitled to a reply from Mr Webster to your note of the 19th May relative to Indian encroachments.** This subject is becoming a very interesting one to the people of this country, and it is earnestly hoped, that you will receive a speedy and satisfactory reply from the Government of the United States. Doctor Robertson whose negroes, you will recollect, were taken by the Indians, and were subsequently found to be held by persons residing within the ter- ritory of the United States (the evidence of which was furnished to you from this Department on the 20th April) has already gone to great expense in the pursuit of his property; and has been damaged, by the loss of time etc. to an amount, that even a prompt restitution of his property could not repay. But if it is delayed much longer, the chances of finding the negroes again will be very much diminished, and their value greatly lessened by the idle and dissolute^ habits which negroes so readily contract from a long residence with savages. It is particularly desirable therefore, that this subject should not be permitted to slumber, but that you should press as earnestly as would be becoming, for an answer. Mr Webster's reply to your communication of the 13th « April remonstrating against the violation of our territory by a deputy Marshall (Ferguson) of the state of Arkansas, a copy of which was enclosed in your despatch of the 13th July, if not altogether satis- factory, is at least all that we could reasonably demand under the pecuUar circumstances of the case. It is of the less importance in a National point of view, as the Uke cannot well happen again. The boundary line is completed, and the officers of neither Government can hereafter plead ignorance upon this point. From your communication of the 31st July, I learn with regret that Mr Webster will probably adhere to his first resolution as to the place of negotiating the Contemplated Treaty. Tlie press of business in his Department and the heavy demands upon his time aSee Reoords o fDepaitment of State (Texas), Book 38, p. 199-202. b For both, see Part I, p. 506-513. The note to Webster was dated July 27. « See Part I, pp. 499-501. d The note was written by Amory. For an extract see Part I, p. 496; for the remainder. Part I, Calendar. « This should be the 12th. See Part I, pp. 484-485. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 97 will not permit him to give the subject that constant attention which we so much desire; and I much fear the negotiations will be protracted beyond the constitutional term of the present admin- istration. Nothing remains however, but to use all diligence in urging it forward in Washington with all possible despatch. Your note of the 27th July to Mr Webster, has been carefully read by the President and receives his approval. You were not mistaken in supposing that this Government would claim the right of entrepdt; or of transhipping their produce from some point on the Mississippi, free of all charges except the ordinary ones of Storage, wharfage etc. when the produce is to be sent to a foreign coimtry for sale or traffic. What point the Government of the United States may think proper to assign to us for this purpose is not very material (though an eye should certainly be had to^ its convenience) The principle is what we are most concerned about. In my communication to you of the 21st June,** I did not it is true, mention this as one of the principal heads of the contemplated Treaty. I regarded it, as you have rightly conjectured, as included in our claim of the right of free navigation of the Red River to its entrance into the sea, and it is so essential to a full exercise of that right, that it is difficult to con- ceive how it could be supposed to exist without. It would in fact be manifestly absurd, to concede to us the right of free navigation, and in the very same instrument assert the right of taxing us upon the transhipment of our produce into vessels calculated for the sea; which, from the unfitness of the river craft for the navigation of the ocean, would always have to be done. It involves an absurdity of terms, for how can that navigation be said to be free, when we are compelled at some point to pay the duties exacted by the impost laws for all goods introduced into the coimtry? There can be no need of a Treaty to secure the right to us (I mean the right of import- ing into the United States all of our produce upon paying the duties thereupon) for we already enjoy it, in common with all Nations who are on friendly terms with the United States. Nor do I con-' ceive that it ought to make any difference whether we employ as our carriers, Texan or American bottoms or bottoms of a third power. You recognize none I perceive in your commxinication to Mr Webster, though in your letter to this Department, you make a distinction between American bottoms and our own If the United States have it in contemplation as you seem to intimate, to deny to this coimtry the right of entrepdt, they, would be much more likely to do so, if it was believed by them that we were to be our own carriers, while the prospect of opening a new channel to the enterprise and industry of American Ship owners could not a In this series of addenda. 89728^— VOL 2, ft 1—11 7 Digitized by Google 98 AMEBICAN HISTORICAL ASSOCIATION. fail to operate as an inducement with that Government to grant our demands. I do not apprehend therefore that you will find any difficulty in negotiating for the right to tranship in American bot- toms, if they concede to us the right to tranship in our own. As concerns bottoms of third parties, it is more a subject of Treaty between the United States and such parties than between us. You will however be authorized and expected to see that nothing enters into the Tl-eaty on this subject, which would be injurious to the interests of our citizens. Until the receipt of your last communication I did not apprehend much difficulty in settling with the United States the free navigation of the border Rivers to the Sea. That is the last nation that ought to question that right, for no other has taken such strong ground in favor of the principle, or been more consistent in maintaining it. In addition to the references I have already cited you to in proof of this, you have but to turn to her diplomatic correspondence to find volumes to the same eflFect; Besides This I do not think you will find it difficult to establish that it is now the settled law of nations as recognized by most, if not aU the leading powers of Europe, Thai navigable Rivers are public highways, when they rise in one coimtry and empty into the sea, in another, so far at least, as the coimtry in which they rise is concerned. I well recollect reading in a Newspaper a case of this kind, which was settled some two or three years ago, in some of the European Governments, (I have forgotten which) nor have I as you know such books as would assist my memory; but this I well recollect, that the principle was said to be extended beyond the rule laid down at the Congress of Vienna. Should it be necessary you will probably be able to find the authority last alluded to in the libraries of some of the Legations in Washington. This question is one of vast importance to us, and I have therefore devoted a large share of my letter to it. It remains now, only to instruct you concerning the conclusions to which the President has come after a mature consideration of the subject in all its bearings. He directs then, that imless the United States concede to us the right of freely navigating the border Rivers, and of transhiping whatever we may have for export, free of all tariff and impost duties, sjid the right of landing and storing our produce when vessels are not in readiness to take it off, by paying the customary charges for wharfage, storage etc. that you be instructed to enter into no Treaty at all upon this subject. It is one upon which this Government can make no compi;omise without inflicting a lasting injury upon that portion of our inhabitants residing on or near the border Rivers; and at the same time jeopardizing a great national right, the enforce- ment of which, as soon as its importance is felt, and the principles upon which it rests are imderstood, will be demanded by every Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 99 voice of the Nation. We had best therefore, meet the question at once. No Government ever can, without the loss of National honor, stand by and see her citizens stripped of a ^' right'', which, to quote the language of the Congress of the United States on a case precisely similar, is ^^dear and essentiai'* and one that would be weak enough to allow it, could never be sustained by a free people. We have as little doubt of our right, as the United States had of theirs when contending with Spain, for the free navigation of the Mississippi. In all your intercourse therefore with Mr Webster, whenever the navigation of the border Rivers is the subject, you will always repre- sent the free navigation and the rigJU of entrepdt as a Sine qua non. If both of these points are not conceded, you will not be authorized to consent to any arrangement concerning the navigation of the Red River particularly (for the Sabine stands on a different footing) by which by the remotest implication, there is any abandonment of the principle we have set out with. If it is found to be impossible to incorporate our demands on this head in the Treaty; then that entire branch of the subject must be left open, and your attention will be turned to the points mentioned in my former communications, and your note to Mr Webster of the 27th July. If we are balked in so essential a feature of the Treaty as the free navigation of the border Rivers, it will be difficult to make any Treaty which will be satisfactory to this nation. Under these cir- cumstances therefore, too long a period for its duration ought not to be fixed upon. The navigation question must come up again and that before very long; when it will be desirable to have the subject open for discussion. Perhaps the United States, would consent in the treaty (in case you do not come to some understanding now) to leave this particular subject open for discussion at an early period. I only suggest this, leaving it to your discretion whether you will avail yourself of it, or not. Your omission to say anything to Mr Webster on the subject of introducing slaves from one Country to the Other, when travelling with their owners, as servants, is perhaps, upon the whole well. There cannot however be any objection to ascertaining the views of the Government of the United States upon this subject, which may be best done in personal interviews. If that Government seems much averse to such a stipulation, you ought not to hesitate to abandon it; but if it is a matter of indifference, with them, the opportunity ought not to be lost of securing a privilege, the want of which is so serious an inconvenience to the citizens of both countries. I have not complied with your request to ''draw out in full form ^uch a convention as our Government is desirious of intering into,*' for the reason that it would be almost a miracle if such an one would Digitized by Google 100 AMEBICAN HISTORICAL ASSOCIATION. not be so changed and altered in various ways before it could be made entirely acceptable to the United States, that it could hardly be recognized as the one furnished by the Government; besides this it rarely happens that your first demands are all acceded to. You must then fall to a second and frequently to a third. If the Govern- ment should furnish a project of a convention, it would of course, embody its first demands on every point, and if not accepted in that Shape, which it would not often be, it would be of little use beyond supplying a form, for which of course you do not feel at any loss. I enclose as you request a copy of the Treaty with France. This, with those you already have, will be excellent guides in many par- ticulars. A separate commission to make the Treaty is also enclosed. I knew the necessity of this; and soon after coining into office, made some enqidry about it, and was left under the impression that full powers for tiiis purpose had been conferred upon you. I think now you are well informed on all the points of a material character that we desire to arrange with the United States. There are of course minor ones, such as enter into all treaties, that have not, been dwelt upon. They are referred to your judgment and discretion. I cannot close this communication without mentioning the anxiety of the President to accomplish this negotiation with the United States so as to lay it before the Congress at its meeting in November, or at least, before his term of office expires. I have the honor to be Your Obt Servt Saml. a Roberts Secretary of State Hon Barnard E Bee Chargi d^ Affaires etc. etc, etc. Houston to Eve." Executive Department, City ofHmiston, SOth, Jvly, 1842. Hon. Joseph Eve. Sir — ^Your note of the 27th instant, relative to the Brig " Retrieve", reached me at a moment when it was not possible for me to reply.* I regret that any difficulty should have arisen as to the cruise. So soon as it is possible to look into the matter it shall be done; and whenever the government is able to do so, all just remuneration will be made to the captain and owners. To what extent will be proper, I am unable to determine. a See Records of Department of State (Texas), Book 40, p. 135. h This probably refers to the letter of Eve to Waples of the given date (See Fart I, pp. 57^573). 1/ there was a separate letter to Houston, it has not been found. Digitized by Google CORlUBSPONDENCEi Wl-TH THE UNITED STATES. 101 To day I directed the Acting Secretary of State to write to you upon the subject, so far as facts are in his knowledge, at the same time to assure you that at this time the country has not means to meet the demand, if it should be found just and right to do so when it is able. With perfect respect, I have the honor to be your obt. servt., Houston to Roman.** Sam Houston, in the name and by the authority of the Republic of Texas, to His Excellency A. B. Roman, Governor of the State of Louisana, of the United States of America: Greeting: By virtue of a communication received from E. W. Moore, Esquire, Commanding the Texas Navy, under date of the 7th. instant, I am placed in possession of a corresi>ondence between your Excellency and himself, relative to certain individuals, refugees from justice, who are charged as mutineers on board the schooner San Antonio, a Texian vessel of war, and as murderers of one of the officers of said vessel during the month of February last, then in the Port of New Orleans. The names of the individuals are Seymour Oswald, T. D. Shepherd, J. Allen, William Barrington, James Hudgeons, William Simpson, Edward Keener, Benjamin Pompilly and Edward Williams, who are now held as prisoners in the State of Louisiana. Your Excellency is hereby requested (and a respectful demand is made) to deliver to Commodore E. W. Moore the above named men, and all who may be implicated in order that they may be dealt with in accordance with the laws which they are charged to have so grossly violated. Given under my hand and the Great Seal of the Republic, at the City of Houston, the 12th. day of September, A. D. 1842, L. s. and of the independence of the Republic the seventh. Houston to Roman.* Sam Houston, President of (he Republic of Texas, To His Excellency, A. B. Roman, Governor of the State of Louisana^ one of the United States of America: Greeting: Whereas the government of the Republic of Texas, hath received due and authentic information, through the despatches of Commodore a See Records of Department of State (Texas), Book 40, p. 144. » Ibid., p. 156-166. Digitized, by Google 102 AMERICAN HISTORICAL ASSOCIATION. E. W. Moore, commanding Texas Navy, under date of the 14th. mstant, that a certain individual, named Antonio Landoit, is at present a prisoner in the State of Louisana aforesaid: And whereas, also, the said Antonio Landoit stands charged with having committed the crime of mutiny on board the Schooner San Antonio, a Texian vessel of war, at the time lying in the port of New Orleans; and also as a murderer of some of the oflScers of said vessel, and who is now a refugee from justice: Therefore, a request (and respectful demand) is hereby made upon His Excellency, the (lovemor of the said State, for the person of the said Antonio Landoit, to be delivered over to Commodore E. W. Moore, commanding as aforesaid, to be dealt with as the laws which he is charged to have so grossly violated may prescribe. In testimony whereof, I hereunto set my hand and aflix the great seal of the Republic. Done at Washington, the 29th. day L. s. of October, in the year 1842, and of the independence of the Republic the seventh. Digitized by Google Corresponierhcefor 184S-1846. Houston to [Roman].** [Requesting the surrender of an "individual, calling himself by the name of Poufief, Pouief, alias" , charged with murder in Texas.] Eve TO Jones.* Eve to Webster. « Van Zandt to Archee.** Van Zandt to Jones.* Dispatch No 94 Legation op Texas Washington City, 11th J any 184S To the Hon Anson Jones Secretary of State of Texas. Sm I have the honor to acknowledge the receipt this morning of your commimication of the 23rd ultimo informing me of the appointment of a time and place for the meeting of the several Indian tribes. or their chiefs for the purpose of entering into treaty stipulations with the Government of Texas for the securing and maintaining a perma- nent peace with these tribes, with instructions to immediately call the attention of the Government of the United States to the subject that a commissioner or commissioners might be appointed to act in conjunction with the commissioners on the part of Texas to effect this object and by which the United States should become a party to such treaty or treaties that might be concluded between the parties. In obedience to your instructions I have hastened to lay this subject before the President and Secretary of War in a personal interview a Jannaiy 2, 1843. See Records of Department of State (Texas), Book 40, p. 187-188. Roman, whose Initials are A. B., was governor of Louisiana. « ft A. L. 8., January 2, 1843. See Calendar of Correspondence with the United States in Part I. e January 7, 1843. See Calendar of Correspondence with the United States in Part I. d January 10, 1843. See Van Zandt to Jones, March 13, 1843. • L.S. 103 Digitized by Google 104 AMERICAN HISTORICAL ASSOCIATION. which I have just had beUevmg that to be the better method, that I might explain more fully the objects of the Government of Texas. The result of this interview I submit for your consideration. The measure is highly approved of by the President and Secretary of War and the greatest solicitude is manifested by them both, to co-operate with the Govt of Texas in her efforts to secure peace with the Indians and give security to the frontiers of both countries; but it is the opinion of the Secretary of War that it will not be possible for this government to send its agent with the necessary instructions in time to enable him to reach the Waco Village by the 9th to 20th of February that it would require several days for the Secretary to examine the subject and prepare the instructions of the department to the Agent which should govern him, that, in fact the leading fea- tures of the arrangements to which this Government was to become a party must be specifically set forth to the agent in his instructions and beyond which he would not be authorized to act. The secretary then proposed to submit the same to me for examination and discussion so soon as he should determine upon the different points. The secretary informed me that Mr Armstrong who is the general Indian Agent in that quarter was the individual who would be appointed as commis- sioner; that his residence was at Fort Gibson and that thirty days would be required to communicate with him, adding five days to pre- pare his instructions and twelve days for his traveling to the Waco Village would bring it to the 25th of February as the shortest time possible at which he could be expected to meet the commissioners on the part of Texas with the Indians. The Secretary then urged the propriety of a postponement of the Council untill some time in the spring. To this I replied that it was important that no disappoint- ment should be had. One disappointment having already occurred should we neglect the present opportunity we could not rely upon another meeting with any degree of certainty and further that antici- pating the renewal of active hostiUties with Mexico during the early part of the ensuing spring, it was highly necessary to Texas to secure peace with the Indians in advance. Upon urging these with other considerations the Secretary of War agreed to take up the subject forthwith and forward the instructions as early as possible with directions that the Commissioner should delay no time in repairing to the appointed place. I do not think it possible for the Commissioner to reach the Waco Village before the 25th of Feb or 1st of March. I have said to Mr Spencer the secretary of war that I thought it possible that the Indians might be detained untill that time. I therefore hope that our commissioners will be informed of these facts that they may act accordingly. It is certainly of the highest import that the United States should become a party to such treaties as may be con- cluded with the Indians, and that every effort should be used to detain them untill the arrival of Mr Annstrong the United States Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 105 Commissioner. For this reason I have hastened to lay before your department these facts in relation to it. I am a little surprised and much regret that not one word is said in your communications in relation to the movements of the forces under Genl Sommerville,** the action of Congress, the measures of the Grovemment or anything whatever save the subject of the contem- plated Indian treaties. With the greatest deference to the depart- ment I do think that I should have some information from the Grov- emment upon such important subjects. Under the instructions of your department I have been charged with negotiations of several important matters, towards their accomplishment I hope my efforts have not been wholy unavaiUng especially those which relate to our relations with Mexico and which are directly connected with the movements of our forces against that country. Surely to a proper discharge of my duties it is important that I should not only be informed upon these matters but that such information should come from a source upon which I might rely, not the vague rumor of a partisan newspaper for this is the only opportunity I have had lately to learn anything of Texas. I am satisfied that it is only necessary to call your attention to this subject. The known intelligence and experience of the Secretary of State while acting as the Texian Minister here I hope will be found as sure guarantees that in future I shall at least receive a passing notice from his department. I have not time to communicate other matters which I desire as I want to get this in todays mail On tomorrow I will forward another despatch to your department in relation to the interposition of this Grovemment. I will however take occasion to remark here that a movement having been made against Mexico it will alter very mate- rially the measures proper to be taken by this Government. Every measure should now be used to sustain the efforts of Gren SommerviUe by reinforcement or other means within the power of the Grovt — the news last night from Mexico says that they are on the eve of a certain revolution, the expedition to Campeachy would likely fail — the rumor at Vera Cruz was that 3000 Texians were on their march for the Rio Grande and every effort was making to give a good account of them In great haste I have the honor to be with great respect Your Obt. Sert. IsAAo Van Zandt. 5. S. Please remember me to the President and Genl Terrell P. S. Mr. Serruys the Belgian Charge d' [Affaires] and Baron Bodisco the Russian M Plent.y requests me to present their respect to the Sec of State. thine V. Z. a Somervell. Digitized by Google 106 amekican historical association. Eve to Jones.** P. S. Your note of the 24th of December, upon the subject of the money advanced by General Thompson, to the Santa Fe prisoners has been received I am much gratified at the prompt manner with [which] the President brought this subject before Congress. Very Respectfully your Obedient Servant Joseph Eve [Next is transcribed a copy of the resolution of the Choctaw Coun- cil, October 7, 1842.] * Van Zandt to Webster.*' Crawford to Armstrong.^ Jones to Davenport and to Loomis.* Eve to Webster.^ Spencer to Van Zandt. ^ Spencer to Webster.* Webster to Van Zandt.' a A. L. 8., January 11, 1843. For the letter and accompanying transcript, see Calendar of Correspondence with the United States In Part I. The postscript, which has not hitherto been printed, is given here. b See Armstrong to Crawford, November 4, 1842, in Calendar of Correspondence with the United States in Parti. c January 12, 1843. See Calendar of Correspondence with the United States in Part I. d January 12, 1843. Bee Van Zandt to Jones, January 20, 1843. « January 13, 1843. See Van Zandt to Jones, January 20, 1843. / January 15, 1843. See Calendar of Correspondence with the United States In Part L 9 January 17, 1843. See Van Zandt to Jones, January 20, 1843. ik January 17, 1843. See Van Zandt to Jones, January 25, 1843. i [January 20, 1843.] Bee Van Zandt to Jones, January 25, 1843. Digitized by Google ' correspondence with the united states. 107 Stipulations for Treaty with Texas Indians.** Van Zandt to Jones.* Dispatch No. 95 Legation op Texas Washinffton City Jany 20th. 184S Hon Anson Jones, Secretary of State of the Republic of Texas Sir In a former dispatch which I made to your department you were informed that I had laid before the Government of the United States the information, which I had received from your department, relative to a youth named Lyons, who had been captured in the county of Fayette, and now supposed to be among the Osage Indians. "" I have now the honor to transmit to your department the measures taken by this Govemmetit to procure the restoration of the youth to his friends and country by submitting a copy of the note reed, from the War department together with copies of instructions sent from the proper offices of that department, which are as foUows — "War Department Jany 17ih. 184S Sir I respectfully transmit herewith copies of instructions that have been given from this department, in relation to the reclaiming from the Osage indians the Texian white boy ref ered to in your communica- tion to the Secretary of State, a copy of which was transmitted by him to this Department. With great respect Your Obt. Servt J. C. Spencer" Hon Isaac Van Zandt Charge d'affaires of the Republic of Texas, Washinffton [Cityy War Department, Office Indian Affaires Jany 12th, 184S Sir Information having been communicated to the State Department by the Charg6 d'Affaires of Texas that his Government had been • See Van Zandt to Jones, January 20, 1843. »L. S. « Cf. Van Zandt to Webster, December 30, 1842, In Calendar of Correspondence wltb tbe United States, in Part I. Digitized by Google 108 AMEfttCAN HISTORICAL ASSOCIATION. informed by a gentleman residing among the Osage indians west of the State of Missouri that a youth some twelve years of age who had been captured by indians in the county of Fayette Texas named Lyons is now among the Osage indians and within the Umits of the United States, I am requested by the Secretary of War to instruct you to inquire for the captive lad above mentioned and to obtain his release, and when released to place him in charge of the commandant of Fort Gibson or Fort Towson, to be kept until caUed for by an agent of the Texian Government. You will therefore please to give the necessary instructions to the subagent of the Osages, with as little delay as practicable and urge his immediate and dilligent attention to the release of young Lyons and to the further instructions contained herein. Very respectfully etc T. Hartley Crawford Maj Wm. Armstrong, acting Superintendent etCj Choctaw Agency West of Arkansas. "Adjutant Generals Office Washington [City] J any ISth. 184S Sir — It has been represented to the "Secretary of State by the Charg6 d' Affaires of the Republic of Texas that a youth some twelve years of age who was captured by the hostile indians in Fayette county Texas named Lyons is now within the limits of the United States, among the Osage indians. Instructions have been given by the Commissioner of Indian aflFairs to the proper agent to obtain the release of the boy and to deUver him to the commanding officer of Fort Gibson or Fort Towson. If the captive be brought to your post, you will take charge of him until called for by an agent of the Texian Government and report the fact to this office. I am sir very respectfully Yr Obt Servt R. Jones Adjutant Genl.'^ Col. W Davenport 6th, infy comg Fort Gibson. Lieut Col. G Loomis 6th. infy comg FoH Towson'' In order to carry out the measures adopted by the Government of the United States for the restoration of the youth, it will be proper to appoint some person at as early a day as possible, to act as the agent of the Government of Texas at Fort Gibson or Fort Towson Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 109 »In a conversation which I had with the Secretary of War, upon this subject, he informed me that during the last summer he had communicated to Major Reily information, which had been reed, by the War Department, of the release of two boys who had been purchased from the Commanches in the west of Arkansas, at the instance of the indian agents in that quarter, and who had been captured by the indians in Texas. The Secretary also informed me that a description of the youths had been furnished to Maj Reily, that the same might be communicated to the Texian Government. He further informed me that these youths were under the charge of the United States authorities, and that he was very anxious that measures should be taken by my Government to receive them. He also informed me that two hundred dollars had been paid for each of these boys, and that it would be expected, that the Government of Texas would refund that amount, besides the ordinary expenses of transmission and maintenance. If this matter has not yet received the attention of your Department, I hope that it will meet your early consideration and action. In my communication to the Department of State of the United States I informed that Department that I was authorized to draw upon the Government of Texas for the ordinary fees (only) of sub- sistence and transmission of the captive boy Lyons. In a con- versation with Mr. Spencer Secretary of War upon this subject he informed me that they had invariably paid to the Indians, various amounts as purchase money which it was expected the Government of Texas would refund, and desired to know of me if I was authorized to draw for such sums so paid: I replied that I was not; that I con- ceived such a policy was calculated to stimulate the indians to make captives, instead of repressing their aggressions, but that this matter should be laid before my Government, and that I entertained the opinion that so far as money had been expended, by the United States, in good faith, the same would be refunded: while, I was satisfied that Texas would deprecate the establishment of such a policy. I desire the instructions of your DepartmQjttt upon this subject, and hope to receive them at as early a day as possible. In my last dispatch you were informed that the United States Government would forward instructions to a proper commissioner, who should repair immediately to the Waco Village to join at the earliest day possible the proposed Indian Council, which is to meet at that place. I have now the pleasure of informing you that the instructions have been dispatched to Pierce M Butler Esq their Indian agent in the West of Arkansas, who is duly authorized to represent the Government of the United States, in that council. His instructions are not such as I conceived the most desirable for the interest of Texas, but yet, I hope if carried Digitized by Google 110 AMERICAN HISTORICAL ASSOCIATION. into eflFect will prove beneficial to Texas. I desired that the Com- missioner might be authorized to conclude a treaty in the nature of an alliance, or upon such terms, as that the United States might become a guarantee for the fulfillment and observance of the stipu- lations concluded between the Indians and Texas. These several matters were submitted and discussed in the Cabinet meeting and dissented from by the Government. The objections urged were, that it was contrary to the policy of the United States to form alliances of such character with any power, and that such a provission would hazard the ratification of the treaty by the Senate of the United States. I herewith transmit you a copy of stipulations which are to govern the United States Commissioner — they are based upon the supposition that a treaty is first concluded between Texas and the Indian tribes, to which the United States is a witness, and at the conclusion of this treaty the United States, Texas and the Indians agree to these stipulations, the first of which is not reciprocal in its character, and which I informed the Secretary of War, I thought would not be agreed to by Texas, but he desired that the same might be submitted to my Government, for its consideration, while Mr Butler would be directed not to insist upon its adoption, unless desired by the Govt of Texas. Should it be objected to, he is author- ized to agree to the subsequent stipulations, and omit the first. The preamble and stipulations are as follows, '* Whereas, there are sundry tribes of Indians inhabiting the country in and about Red river, which constitutes the boundary line between the United States of America and the Republic of Texas, who are migratory and are sometimes found within the territories of one Government, and at other times in the territory of the other making each in time an asylum and shelter from pur- suit, and whereas with a view to establish peace with the said Indians and to secure the inhabitants of Texas from the incursions and depre- dations to which they are exposed, the Government of that country has invited a number of the said tribes to meet in council commis- sioners on the part of Texas, and has also requested the Government of the United States to be represented at such council, and whereas in pursuance of such invitation Delegates and Chiefs from the follow- ing tribes have assembled at the village of Waco on the Brazos river, namely, Commanches etc etc, and certain articles of a treaty of peace and friendship between the people of Texas and the said tribes have been agreed to and concluded. The United States of America being desirous to promote peace on their own borders, and to render all the aid which common interest may require to prevent depredations upon the persons and property of their own citizens as well as the inhabitants of Texas^ have been Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. Ill represented at the conclusion of said treaty by their commissioner for that purpose, Peirce M. Butler Esq, their Indian Agent for the Cherokees, who in their behalf has witnessed the execution of the said treaty. Now it is hereby stipulated and agreed by and between the said United States of the first part, the Republic of Texas of the second part and the Chiefs Braves and Warriors of the said tribes of indians of the third part as follows. First. That the Indians of the several tribes represented by tlie Chiefs, Braves, and Warriors who signed this treaty will not commit any depredations on the property or any injuries to the persons of any whites, Indians, or others living within the jurisdiction of the United States and entitled to their protection, and that if any property is wrongfully taken from the territory of the United States, or any persons entitled to their protection are captured by the said indians, or any of them, they will on demand restore such captives and such property or will pay the full value of such property, and that upon neglect or refusal to comply with this agreement the United States by their officers agents and soldiers may pursue such property and captives and retake them by force of arms, although they may happen to be within the territorial limits of the RepubUc of Texas. Second. In case any of the said Indians shall bring into the territory of the United States any property or persons wrongfully taken, within the limits of Texas, the United States engage to render all the aid in their power for the return of such property and captives, and for the seizure of the offenders who may have brought them within the terri- tory of the United States, and they will deliver up to the authorized agents of Texas such property and captives and the offenders so seized, if such offenders usually inhabit within the limits of Texas, and if they usually inhabit within the limits of the United States, then, the United States will cause them to be proceeded against and punished in the maimer provided by their laws; the Government of Texas furnishing proof of the facte that may have taken place within ite jurisdiction. Third. In like maimer the Government of Texas engages to render all the aid in ite power for the recovery and return of any property or persons that may have been wrongfully taken by the said Indians, or any of them from the territories of the United States, and carried into the dominions of Texas, and will cause the persons and property so captured to be delivered to the authorized agente of the United States, and will cause the offenders to be seized and delivered up to such agente, if such offenders usually reside within the limite of the United States, but if they usually reside within the boundaries of Digitized by Google 112 AMERICAN HISTORICAL ASSOCIATION. Texas, then the Grovemment of Texas will cause them to be proceeded against and punished in the manner provided by their laws; the United States furnishing proof of the facts that may have occurred within their limits. (Conclusion of stlpalatlons) Should the proposed treaty be concluded, and any of the tribes that become parties to the same be Indians of the United States, alone, it will be necessary to guard against that portion of the pre- amble, which sets forth that these tribes are migratory in their char- acter, and by which the United States might obtain an acknowledg- ment upon the part of Texas, that these Indians were not of the char- acter which the United States were already bound to restrain. And here permit me to call your attention to a fact, which has presented itself to my mind, which seems to be unknown to the Secretary of State, or if known seems to be wholly disregarded by his department. It is important that I should know the views of my Government in relation to it. I allude to the fact, whether the treaty between Mexico and the United States, or any part of the same, is held to be binding upon Texas, or upon the United States so far as the same may have related to Texas. By the 34th article of that treaty I mean the treaty of 1831, it is provided after eight years from its ratification the same may be terminated by either party giving notice to the other of its intention so to do, after twelve months from the date of said notice. From the instructions of Mr. Mayfield late Secretary of State of Texas to Mr. Bee, with the communication from. Mr. Amory Secretary of Legation, who wrote in the absence of Mr. Bee, to Mr. Webster Secretary of State of the United States, which communica- tion is dated the 19th. of May A D 1841, 1 learn the facts which have induced me to believe that, that treaty has ceased to exist except the provision of amity. I submit the following extracts which have induced this conclusion. [Here follows an extract from Mayfield to Bee, April 20, 1841,** beginning with the words, "I am directed " , and ending with the words "to the 34th. article of the treaty"; and one from Amory to Web- ster, May 19, 1841,* beginning with the words, "the undersigned is instructed", and ending with the words, "article 34 of said treaty".] I hope to hear from your department the views of Government in relation to this subject. I have at length succeeded, three days ago, in obtaining a copy of the treaty now pending before the Senate. Some of its main pro- visions I fear are in jeopardy. I allude to the 4th. and 5th. articles. At the suggestion of Mr. Archer I have hastily drawn up unofficially, a See Correspondence with the United States, Additional letters, above, b See Correspondence with the United States, Part I. Digitized by Google COBBESPONDENCB WITH THE UNITED STATES. 113 for the committee on Foreign relations; of which he is chairman, some of the leading arguments which I conceived most likely to present the treaty in a fair light before the Senate and impress that body with the importance of its .ratification. The communication is somewhat lengthy which prevents my sending you a copy I endeav- ored to impress the committee with the opinion that if these leading features were rejected the fragments would not be worth preserving. The late intemaJ difficulties in Texas, and the dissensions among our selves I regret to say have added much strength to the opposition which is arrayed against this treaty, and I have no doubt have caused much of the timidity and reluctance manifested by the United States in the formation of an alliance or triplicate treaty with the Indians for our mutual protection as before alluded to, while it has induced the public mind to rely with less confidence in the Institutions of our country. If those individuals, who scatter the seeds of discord, knew their baleful effects upon our interests abroad, I feel confident that they would sacrifice their motives of personal ambition uponlhe altar of their coromon country, and unite with a single purpose imder the Single Star for the welfare of the whole nation. The old United States Bank, and some of its agents, who are in possession of certain Texian bonds, which were purchased by them, are making a heavy effort against the ratification of any treaty. I have collected all the important facts in relation to these matters, and placed them in possession of Senators, who are willing to act upon such matters as concern the mutual welfare of both nations in a proper and impreju- diced light. In my last dispatch I said to yom* Department that in the course of a day or two I would write further upon the subject of the interposi- tion of this Government. Since the date of that communication, I have had frequent conversations with the President and Secretary of State upon this subject, which were principally of a strictly confidential character, in regard to which, I am only permitted to say that this Government, influenced by the most laudable desire to restore peace between Mexico and Texas, will not fail to use every means within its power, consistent with its honor and high standing as a nation, to bring about this desirable result. And here permit me to direct your attention to the importance of withholding from the pubUc eye, so much of my dispatch No. 93 as relates to this subject. It is important, as I conceive, for the interest of Texas that she should settle down upon some policy to which she will strictly adhere, as far as circumstances will permit, during the pendency of hostilities with Mexico. We should determine to act exclusively upon the defensive, or determine upon the more vigorous course of making war upon Mexico by all the means which we could bring to our aid. 39728**— VOL 2, pt 1—11 8 Digitized by Google 114 AMEBICAN HISTORICAL ASSOCIATION. Had the Government persevered in confining its operations at home, I am satisfied that the measures, taken to arrest the predatory war- fare that had been carried on upon our borders, would have proved entirely successful, and that, in future we should have had nothing to dread but a formidable invasion of such a character as would have been likely to test by a trial at amis the comparative strength of the two nations. Such an invasion, however, might have been delayed by the revolutionary movements in Mexico, and the hostilities now going on between that coimtry and Yucat&n, while such delay, with the attendant uncertainty which would hang over our affairs, might have continued to retard our advancement, and consequent pros- perity that must exist upon the restoration of peace and the termina- tion of our difficulties. The Government, however, having given its sanction to the partial invasion of the Mexican territory, with a view of retaliating for the many injuries which Mexico has inflicted upon us, must stand justified in the sight of every impartial mind, though this change of policy will materially affect the measures which the United States would have conceived herself justifiable in taking while our operations were confined at home. Having commenced offensive operations, (though necessary to our defence,) the whole powers of the Government should be united in their prosecution. I think the war, (and my opinion meets with the unanimous concur- rence for their [sic] is scarcely a dissenting voice to be found of all the intelligent men with whom I have conversed since it was posi- tively known that Genl. Sommerville** had gone to the Rio Grande,) should be prosecuted not only with vigor but the greatest severity, and that Mexico should be made to feel the effects of that vengence which has long been restrained; and that interest and safety may prompt her to the acknowledgment of that which her disregard of right and justice has withheld. I am still without information respecting the movements of the army, and await with great anxiety the receipt of intelligence con- cerning them. The intelligence which has recently reached here, of the movements of Commodore Jones of the American squadron on the coast of Cali- fornia, in taking possession of Monterey a Mexican town near that coast, has created some sensation and various surmises are afloat of its probable effects upon the relations of the two countries. In a con- versation which I had two days since, with a diplomatic functionary, who is on terms of great intimacy with Grenl. Almonte Mexican Minister, the opinion was expressed by that gentleman in the con- versation alluded to, that the Mexican Government would likely withhold a portion of the indemnities, which she has lately agreed to pay to the United States in order to indemnify herself for the dam- aSomerrell, Digitized by Google COBBESPONDENCE WITH THE UNITED STATES. 115 ages sustained by the taking possession of California by Commodore Jones. Something may grow out of ihis.^ The last accounts from Mexico State that the Congress had dis- persed and that the revolution had thus far progressed without bloodshed, and that Santa Anna had every prospect of success. Through the medium of a gentleman of high standing, who resided many years in the City of Mexico and who is on the most intimate terms with Grenl. Almonte, I have been endeavouring to learn the views and policy of the Mexican Grovemment towards Texas, and the prospects, if any, of a settlement of our difficulties. This gentleman has had two or three conversations with (5enl. Almonte, in which the latter spoke freely of our relations. As this gentleman is yet prose- cuting this matter, and as nothing definite has yet been learned, I will reserve this subject for a future communication Trusting that I shall soon have the pleasure of hearing from your Department I have the honor to be with the highest sentiments of regard Your Obedient Servant Isaac Van Zandt Jones to Van Zandt. ** [Relative to the way in which the war with Texas is carried on by Mexico.] Van Zandt to Webster.*' Waples to Eve.^ Van Zandt to Jones.* Despatch No. 96 Legation op Texas Washington City J any 25th, 1843 To Honorable Anson Jones Secretary of State Sib I have the honor to acknowledge the receipt two days since of your despatches of the 25th. 26th. 28th. and 30th. ultimo. The several matters embraced in all which have received my prompt attention. a See House Exee. Doe»., 27th Cong., 3d Sess., V (Serial No. 422), 166; Webster, Works, VI, pp. 46(M62. l> January 23, 1843. This letter i3 not in the archives; but the same letter, mutatis mutandis, was sent to Aahbel Smith, for which see Correspondence with Great Britain, c January 24, 1843. See Van Zandt to Jones, January 25, 1843. d January 25, 1S43. See Calendar of Corresi>ondence with the United States in Part I. «L.S. Digitized by Google 116 AMERICAN HISTORICAL ASSOCIATION. Your instructions in a former despatch, and repeated again in your dispatch of the 25th. ultimo, with regard to the appointment of a commissioner to represent the United States at the proposed Indian Council, which is to meet at the Waco Village on the Brazos river, has sometime since received my attention and you were informed in my dispatch No. 95 of the success of my efforts. So soon as your last despatches were received, I immediately called upon the President and Secretary of State of the United States, and laid before them the intelligence, in relation to the course intended to be pursued by the British and French Governments, upon the subject of mediation, and expressed to them the desires of my Government, that the United States should give the necessary instructions to her minister in Mexico, that a concert of action might be had on the part of these three great powers. The President and Secretary of State both expressed the greatest desire to do aU in their power to further the proposed object, repeating at the same time, the facts, which they had before coromunicated to me, that their minister in Mexico had been instructed, sometime since, to offer to that Government the medi- ation of his Government in the settlement of the difficulties between Texas and Mexico. Mr. Webster also assured me, that the additional information which I had communicated to him should be immedi- ately transmitted to Mr. Thompson, their minister, renewing at the same time, and urging his attention to the former instructions which had been given him upon this subject. I then told Mr. Webster that I would inunediately address him a formal communication upon this subject, which promise I have complied with this morning,** a copy of which you will find hereto annexed. You will discover in this communication to Mr. Webster, that I did not confine myself exclu- sively to the points embraced in your instructions, but have alluded briefly to the compaign across the Rio Grande under the command of Genl. Sommerville. I did this upon consultation with Mr. Webster, who promised to send a copy of my communication to Mr. Thompson, that he might show the same to the Mexican Government, should he deem it necessary, and from which he might show that we were driven to such course from motives of self defence, and a desire of peace, and not the acquisition of territory, or a desire to inflict unnecessary evils upon the Mexican people. From facts which [have] come to my knowledge, I deemed it proper and necessary to make known both to the President and Secretary of State here the fact that General Hamilton was neither directly or indirectly recognized by the Government of Texas, as its agent to transact or negotiate, either treaties, or business of any character, which concerned my Government, nor would the services of that gentleman be employed, by the Executive in any such capacity. a The date of the letter to Webster as printed was January 24; " this momhig" was apparently the 2Stb. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 117 These facts I informed the President and Secretary of State were founded upon the instructions from your department." I have lately received a communication from the War department through the Secretary of State of the United States informing me of the measures taken by that Government to interdict the trade between the whites and half breeds of the United States and the Indians of Texas, a copy of which communication you will find here- with enclosed. You will perceive in this communication, that the Secretary alludes to complaints which have been made by the Choc- taw Indians against the Citizens of Texas residing upon the border: I am gratified to receive Mr. Benton's letter upon this subject, as it will afford me an opportunity, of showing to the Secretary of War that there are two sides to this case, and that our citizens, if to blame at all, are not alone in the wrong. A copy of Mr Bentons letter will be enclosed to the Department as soon as I have time to write the necessary communication.^ Since my last dispatch, I have continued to urge the adoption of the treaty lately concluded here, and though I have had to combat, not only, the prejudices arising from our disorganized condition at home, but also the great opposition which arose here, from various sources, and to which T alluded in my former dispatches, I have now the pleasure to inform you, that, I think there is every prospect of a speedy and favorable action upon it by the Senate. I have Just had a conversation with Mr. Archer, Chairman of the Committee on Foreign Relations, who expressed to me his entire satisfaction, and promised to make a report on tomorrow morning. The amend- ment which the President desired to be made, I think I shall be enabled to have effected, though upon this, I could obtain no satis- factory answer, as the Senaondence with the United States in Part I. d A. L. S. « For thl3 paragraph and the next see U. S. Pub. Docs., 060, Doc. 14, p. 108. /Santa F4. Digitized by Google 132 AMERICAN HISTORICAL ASSOCIATION. not been informed when or how it is to be paid; I have waited with some anxiety, to hear from you when and how this just and meri- torious claim is to be paid. I shall feel much gratified to have it in my power, to Inform General Thompson, that the amount appropriated by Congress for his benefit is ready for him. It is of much consequence to him to receive it as soon as possible in order to relieve himself from his pecuniary embar- rassment incured by indulging the kindest feelings to the citizens of Texas. I therefore again call your attention to this subject and ask for as early a reply as may be convenie[n]t for you to give me. With renewed assurances of respect I am your obt servt Joseph Eve Van Zandt to Jones.** Despatch No. 97. Legation of Texas, J\^M7igton [City] 13th March I84S. Hon Anson Jones Secretary of State of the Republic of Texas, Sir On the 8th Inst I had the high gratification to receive your very able and interesting despatches of the 23rd and 31st January and of the 10th ulto. enclosing therewith the narative of A Neil Esqr. and the orders and instructions given to Genl Somerville for the prose- cution of the campaign across the Rio Grande. I regret that these despatches have been so long detained by the way, had they have come to hand at an earlier day, I should have been enabled to have refuted successfully the many misrepresentations which have been made here in relation to the different matters of which they and the accompanying documents treat. I hope they may yet avail as much, though I fear it may be said, that, Slander has performed its office — ^its work is complete. I have also the pleasure to inform you that the Hon Wm. Henry Dangerfield ^ arrived in this City on the 9th Inst and left again on yesterday for Baltimore where he will remain a few days and then return here. I have learned much valuable information from Col Dangerfield in relation to our affairs at home as well as the views and policy of the Government with regard to the future, which I hope may enable me to direct my efforts so as to meet the concurence and sanction of the President and Secretary of State. In my last despatch I expressed the hope that an early and favor- able action would be had upon the treaty then pending before the a L. S. fr Daingerfleld. Digitized by Google CX)BBESPONDENCE WITH THE UNITED STATES. 133 Senate of the United States. This opinion was formed from state- ments made to me by the Hon. Mr Archer Chairman of the Committee on foreign relations and the views expressed by other prominent members of the Senate. The result has however turned out other- wise, no action was taken by the Senate untill the last hours of the session on the night of the 3rd Inst, when they ratified the treaty with an amendment by striking out the 4 and 5th Articles which to my mind amounts to a virtual rejection of the whole not that many good features are not still retained, but, that it is not the interest of Texas at present to conclude any treaty with the United States which shall not embrace a provision for the free entrance of our Cotton and the imencumbered navigation of those streams which take their rise in Texas, and either form the boundary between the two countries, or flow into the United States, and empty into the Sea within their territory. Nothing can of course be done with the treaty further, untill the meeting of the next Congress in December, previous to which time, I shall avail myself of an opportunity to speak more at length in relation to the treaty as ratified by the United States Senate. I send you herewith copies of the confidential note of the Secretary of State of the United States and the procedings of the Senate as certified by Asbury Dickens Esqr Secretary of the same. This result I am very sure will be much regreted by every one who feek an interest in the mutual welfare of both countries, but by none more than myself, not entirely on account of the loss of the treaty itself, though this I deeply lament, but the causes which pro- duced this unfavorable determination are more to be deplored. When my last despatch was written the inteligence of some internal dissentions in the country and army had reached here, but by an untiring exertion, aided by the news of the promptness of Genl Som- erville's action at Laredo in suppressing the spirit of insubordination which had manifested itself there, I was enabled to show to the committee to whom the treaty had been refered that the laws and constituted authorities were yet supreme, and thereby sustain the totering fabric of confidence which had [been] noding to its fall. The committee had determined to make a favorable report upon the treaty, (but it has been wisely said, we know not what a day may bring forth,) soon after this, came the news of the division and split of the army, and the disasters which befell Col Fishers Com- mand,'^ and with it came the anathemas and abuse which seemed to be poured out, without measure upon the Government and Country by some of our presses and letter writers, whose eloquence seems never so vivid, as when attempting to hold up in derision the consti- tuted authorities of the Republic. These things were read and copied • Col. William 8. Fisher was elected to command the Tezans engaged In the Mier expedition after it waa abandoned by Qeneral Somervell. Digitized by Google 134 AMERICAN HISTORICAL ASSOCIATION. into the newspapers here, and reiterated throughout the land, their effects you may readily judge, the efforts of our friends were palsied as if by a paralytic stroke, the hopes of our Opponents revived, while the remaining confidence which had existed in our institutions as if borne down by a mighty avalanche either disappeared beneath the ruins or was only seen in the disjointed and weiiened fragments of the hopes of our unmoved friends. Mr Archer informed me that every Senator who spoke upon the matter in opposition said they were willing to grant us by legislative action all the priviledges which were c^ded to us in the articles stricken out, but that our apparant situation would not justify them in ceding such important provi- sions by treaty stipulations and thereby place them beyond their control for ten years, if granted by legislative act they could repeal it whenever they saw proper should any change take place in our affairs which would call for it. Mr Archer also said he would pledge himself if desired to bring in a bill at the next session for that pur- pose. This and my preceding dispatches will thus give you" the history of the matter so far as the same has come to my knowledge with the various causes which have operated at different times to retard the action of the Senate and to bring about the final result, which I have used every exertion in my power to avert. I annex for the information of your Department a private communication which I addressed to Mr Archer chairman of the conmiittee on for- eign relations while the treaty was before the committee. As I before remarked further action of course will be suspended untill the meeting of Congress in December, if during this time order can be restored, the people united, the laws respected, subordination prevail, our friends who wield the pen or speak aloud will but talk and write in our country's cause and Texas present an undivided front I do not entertain a doubt but that the late panic will have passed away, confidence be again restored and that the Senate will reconsider its vote and adopt the treaty as originally presented, for this reason I hope the Senate of Texas will not act upon the matter imtill an opportunity is afforded the Senate here to revise its decision. I reed at the hands of Col. Dangerfield the ratified Copy of the treaty forwarded by him. In a former despatch I informed your department that I addressed to Mr Webster Secretary of State on the 14th of December last a com- munication upon the subject of the character of hostilities waged by Mexico against Texas invoking at the same time the interposition of the United States to arrest the same and to require of Mexico either to recognise the independence of Texas or make war upon her accord- ing to the rules of civilized nations. Mr Webster afterwards in a pri- vate conversation informed me that the same had been laid before the President of the United States who had given it a favorable considerft- Digitized by Google COERESPONDENCE WITH THE UNITED STATES. 135 tion and that it was the intention of his Government to seize the ear- liest favorable opertunity to make a representation to the Mexican govt, upon this subject. Afterwards I reed the note of Mr. Webster in reply dated 2nd Feb last informing me that copies of my commu- nication of the 14th Dec and 24th Jany had been transmited to the Mimster of the United States in Mexico with instructions concerning the same A copy of Mr Websters note is herewith annexed. Sub- sequent to the date of the reply I was told by Mr Webster in a per- sonal interview had at the State Department, that, the Govt of Texas having in its late movements towards Mexico acted in viola- tion of the policy which ^he had formerly avowed and attempted a retaliation for the injuries which had been inflicted upon her, the government of the United States could not feel justified to adopt the measures which it at first intended. I endeavored to show to Mr Webster that any apparant diversion from our former course was not to be attributed to the Govt authorities but to individuals acting in violation of orders, these thing I was unable to fully establish, for the want of authentic information concerning the facts as they existed Mr Webster said in reply that it was impossible to draw the distinc- tion at all times between those who acted by authority and those who acted without, and if such numbers acted not only without but in violation of orders it was one of the strongest grounds to prove that we were without a government or in other words the (Jovt had lost its force. I am much gratified in deed that this matter has reed so much of your attention in your last despatches. 1 shall immediately address the Secretary of State here upon the subject and enclose therewith the narative of A Neill Esqr and a copy of the orders directed to Genl Sommerville which must fully (as I conceive) vin- dicate the course of the govt in the measures which have been taken. Mr Southall bearer of dispatches from the American Minister in Mex- ico to the Govt here reached this place a short time since, after his arrival I called upon Mr Webster who informed me that Mr Thomp- son had approached the Mexican Govt upon the subject of Texas and that Mr Thompson reports that all attempts at mediation are wholly useless. Since my last despatch I have privately and confidentially pre- sented the situation of our affairs to the President and one of the prominent members of his cabinet and submited to them the pro- priety of the United States announcing to the world that the inde- pendence of Texas shall be maintained and that the war waged by Mexico against us shall cease in toto. I have urged in argument, that, it was the aboUtion of slavery which was avowed by Mexico as a prime reason for an attempt to resubjugate our country, and that this is but an indirect attempt at abolition in this country itnd calculated to encourage that growing faction here. Aside from this Digitized by Google 136 AMERICAN HISTORICAL ASSOCIATION. the movements of the British Govermnent can not be looked upon in any other than a suspicious light towards Texas, the known pol- icy of England upon the question of Slavery and the assertions of those connected with her Grovemment that equivalents could be had by Texas for her slaves if they were freed, show evidently that it is a darling project of hers to see established in Texas a free state peopled by'Anglo Americans. Could she succeed in this, the history of the Southern States would soon be written. To accomplish this England knows that Texas must be reduced to the last extremity before the question could be entertained. This matter as I before remarked was presented to the President and one of his Cabinet con- fidentially — the President listened with much attention and replied he would take the matter into serious consideration. I afterwards on Monday last called to see him when he told me that Mr Webster had been directed to approach the French Minister on the subject and that if the French Grovemment would unite with the United States that he would immediately take an action upon the matter. I shall not make any written communication to the United States govt, which will state any of the facts just related but will continue verbally to ui^e the measure. If the jealousy of this govt can be a little more excited, all the points at which they have stickeled would be easily surmounted and they would take an open and bold stand in our behalf. This course I believe now can alone secure us peace from Mexico while Texas remains in her present position as a seper- ate Government. In the communication which I shall first address the Secretary of State here I shall endeavor in pursuance of your instructions to enforce as far as I can the doctrine of the propriety of this government interposing to arrest the predetory warfare of Mexico against us. I hope that the views which I have laid confi- dentially before President Tyler may meet your approbation, should they do so I trust I will be favored with the views of your depart- ment in relation to the same. I presume that no step will be taken upon the subject untill the French Minister can consult his Grovem- ment. I will write Dr Smith on the subject by the next packet. I am gratified to learn that my efforts on the subject of annexation have met the approbation of yourself and his Excellency the Presi- dent. I have let no opportunity pass to bring this matter to the consideration of President Tyler and his Cabinett who assure me of their ardent desire to accomplish that object, the views submitted by you in relation to the proposition I most cordially concur in. The President informed me in our last interview that I might rest as- sured, that, the moment he considered it safe to do so he would advise me of the desire of his Govt to enter into the negotiation. The President is much embarrassed at this time his principle nomi- Digitized by Google COBBESPONDENCB WITH THE UNITED STATES. 137 nations having been rejected by the Senate. I allude to Mr Wise who was nominated as Minister to France and Mr Gushing to the Treasury Mr Wise's sentiments you know in relation to annexation Mr Gushing though from the North was pledged to go for it. Mr Spencer has succeded to the Treasury Mr Webster will no doubt retire in the course of two or three weeks. Some other changes are spoken of, after which, when all becomes settled a better oppor- tunity will be afforded for operation. Let our people and papers at iiome keep silent on this subject, too great an anxiety manifested there will only excite opposition here which might otherwise lie dormant. GenI Jackson has written an able and interesting letter on the subject which will be published in the Globe. I will fo[r]ward you a copy as early as it appears.** His influence is paramount with Mr. Tyler. I will keep your Department advised upon this matter, believing as I do, that, it is a subject of absorbing interest both to Texas and the United States, and that it is the determination of the administra- tion now in power in this country to make the effort to effect it. A few days before the adjournment of Gongress John Quincy Adams endeavored to offer some resolutions in the House of Beps. declaring that no power existed in the constitution authorizing the acquisition of foreign Territory and any treaty made to annex Texas would be cause of disunion, etc etc. The House refused to receive it or consider it. On the 3rd ultimo I addressed a communication of [to] Mr Web- ster upon the subject of the disturbances between the border citizens of Texas and the Indians residing on the boundary near Red River enclosing a copy of the extract from Jesse Bentons letter to your Department, also submiting the views heretofore contained in my instructions upon the subject of the transmission of the mails be- tween the two countries. I herewith send you a copy of the com- munication which will inform you more fully upon the subject. I had previously laid the same before the Post Master Grenl. who in- formed me that he was not authorized to require prepayment upon letters although he approved of the proposition submitted by me, the communication was made in writing that the same might be submitted to Gongress — this was done but- 1 regret to have to say that it remains I understand among the unfinished business of the session. Your request in relation to the blank forms of the Post Office Department shall be attended to at the earliest day possible. Mr Dangerfield delivered me a full copy of the laws for which I return you my thanks. oSee J^Um' Ecffitter, LXVI, 70. Digitized by Google 138 AMERICAN HISTORICAL ASSOCIATION. You will please remember me to the President and the members of the Cabinet respectively. Wishing you success in the important duties of your station I have the honor to be with great and sincere regard your friend and Obedient Servant, Isaac Van Zandt P. S. I see published in the Inteligencer of this morning a report that the prisoners taken at Mier had escaped I send you the slip cut out." I fear that this is not true, but hopeing that it may be I will not make any further communication in relation to them untill I learn the truth of the report. I. V. Z. (Mr Webster to Mr. Van Zandt.) Confidential The undersigned Secretary of State of the United States has the honor to inform Mr Van Zandt Charge d' Aflfaires of Texas that the treaty between the two Countries signed in this city on the 30th of July, last was duly submited by the President to the Senate for its consideration with a view to ratification and that the senate dis- posed of this instrument on the 3rd Instant Mr Van Zandt will see from the enclosed copy of their resolution of that date that the Senate advised and consented to the ratification of the treaty with an amendment that the 4 and 5th Articles ^ be stricken out. The undersigned avails himself of this occasion to oflfer to Mr Van Zandt renewed assurances of his distinguished consideration (sgd.) Danl Wbbstee Department of State WasUngton [City] llth March 18j^. To the Honl Isaac Van Zandt etc etc etc [Here follow copies of the Senate resolution referred to * and of the following: Webster^ to Van Zandt, February 2, 1843; and Van Zandt to Webster, February 3, 1843.1 a The clipping, wiiich is pasted on the sheet Just above the postscript, reads as follows: FROM ICATAlfORAS. The schooner Emblem arrived at New Orleans on the 1st instant from Matamoras, which port she left on the 19th of February. The captain reports that on the 226, while lying off the bar waiting for a pilot, news came that the pris- oners (Texians) captured at Mier with Colonel Fisher had risen upon their guard at Saltillo, overpowered them after a short struggle, and set out in haste for Texas. In oonflrmation of this rumor it is reported that Col. Kinney, who was about taking passage for the United States, had been arrested after the Emblem left Matamoras on suspicion of having some hand in assisting the Tezian prisoners to escape.— PfcayuiM. b See Part I, p. 623. c Bee Journal of the Executive Proceeding* of the Senate, VI, 188-189. tf See Calendar of Correspondence with the United States in Part I. Digitized by Google OOBBESPONDENCB WITH THE UNITED STATES. 139 (Copy of communication addressed to Mr. Archer.) Washington Crrr lOfh. Jany I84S Hon Wm. S Archeb Chairman of the Committee on Foreign Relations. Sm: With your permission I beg leave to submit a few brief remarks upon some of the various points embraced in the treaty lately concluded in this City between the United States and the Republic of Texas. The Republic of Texas, having on the 19th day of May A D 1841, made known to the United States her intention to terminate the treaty of the 5th. of April A D 1831,** between Mexico and the United States, so far, as the provissions of the same, relating to commerce and navigation were binding upon the Texian Government, conse- quently by the provissions of the 34th. article of said treaty, since the 19th. day of May A. D. 1842, all regulations upon the subjects of commerce and navigation have ceased between the United States and Texas. The contiguity and juxtaposition of the two nations — the frequent intercourse between their citizens, and the growing commerce carried on between them, render it essentially necessary, in order to avoid all difficulties and embarrassments, which might arise, as well as to per- petuate and strengthen the good feelings of friendship and national concord, which it is the interest and should be the desire of both Governments to foster and preserve, that definitive rules, in the nature of treaty stipulations, should be established for their mutual regulation and government. Assuming then, that a treaty is not only proper but necessary, the next inquiry arises; what should be its provissions ? In order that it may receive the sanction of the people of the two countries, and ensure a faithful observance of its conditions, and thereby accomplish the objects designed, it should be founded upon the basis of reciprocal utiUty and perfect equality. I am aware that in the negotiations of commercial treaties, superior facilities and advantages are always enjoyed by those who treat at home — this, taken in connection with the fact that the Republic of Texas is yet in her infancy, with a limited population and her resources but partially developed, it might be supposed that she would necessarily be compelled to make concessions without receiving an equivalent. But such a view I apprehend will not be found correct, it being neither compatible with the known independence of the people of Texas, nor the long estab- lished magnanimity of policy, which has characterized the Govern- ment of the United States. By assuming that the basis, of the nego- tiations, between the two countries, as before remarked should be • 8«e UnUed StaUs Treaties and OorwenUoru, e64-«75; UtdUd StaUt SUshUes at Large, Yin, 41(M29. Digitized by Google 140 AMEBICAN HISTORICAL ASSOCIATION. founded upon the broad and liberal principles of independence, equal favors and reciprocity, all the incentives and all the opportunities, for over-reaching and double-dealing are thereby discarded and thrown aside. Neither Government should ask any thing, which the other can have any interest to deny. Neither should offer any thing, for which the other may be unwilling to give a fair equivalent. I will now compare the treaty which has been concluded," with the foregoing principles and see how far (should it be ratified) they will coincide. The first article provides for a lasting peace and friendship. The second article stipulates for a reciprocal liberty of commerce: that, ''the inhabitants of the two countries respectively shall have liberty to come with their ships and cargoes to all such places ports and rivers in the territories of the two countries, to which other foreigners are permitted to come, to enter into the same, and remain and reside in any ports of the said territories respectively, also to hire and occupy houses, and ware houses, for the purposes of their commerce, but subject always to the laws of the two countries respectively." This although entirely reciprocal in its character will be found in its effects to be more extensive in its benefits to the Government of the United States than to Texas. From the relative situation of the two countries — their great inequaUty of surplus capital, population, manufactures and commerce, a greater number of United States' ships, merchants and capitalists will always be found engaged in the trade and shipping of Texas, than of Texian ships, merchants etc in that of the United States. This is an advantage, which the United States may enjoy without any detriment to Texas, while such a pro- vission by the encouragement and protection mutually guaranteed by it to the commerce of both nations, is well calculated to strengthen the ties of friendship already existing between them. The last pro- vission of this article, withholding the coasting trade of either country, being in the nature of a reservation and not a cession, need not be noticed here. The 1st. provission of article 3rd. places the articles of growth produce or manufacture of either country in the markets of the other upon an equal footing with like articles imported from any other foreign nation. This provission, though in the nature of a mutual concession, possesses a prohibitory or negative character much to be desired by the United States. Texas is thereby prevented from con- cluding any arrangement with any other foreign power (that might be desirous of monopolizing her trade), by which the articles of growth produce or manufacture of such foreign power might be admitted into Texas, on more favorable terms than like articles, the growth produce or manufacture of the United States, thereby a See Part I, pp. 623-628. Digitized by Google OORRBSPONDENCB WITH THE UNITED STATES. 141 guaranteeing to the United States a fair competition with other foreign powers in the trade of Texas, which trade must prove highly- lucrative to those who shall be so fortunate as to secure it. The next paragraph of the same article provides that, ''no higher or other duties or charges shall be imposed in any of the ports of the United States on Texian vessels, than those payable in the same ports by vessels of the United States; nor in the ports of Texas on vessels of the United States, than shall be payable in the same ports on Texian vessels." This though apparently equal will be found in its effects to give to the United States great advantages, while it may materially affect the revenues of Texas. The number of Texian vessels is remarkably limited and their tonnage generally light, the consequent charges upon them in the ports of the United States, which would be lessened by this provision, must be trivial in amount. On the other hand nearly the whole of the Texian shipments from the United States, being made in United States* bottoms, (which with other foreign vessels are chained in the ports of Texas sixty cents per ton on sail and thirty cents per ton on steam vessels and the tonnage duty thus collected from foreign vessels amounting as will be seen by reference to the collectors* retVuns of the different ports of Texas to near one fifteenth of the whole revenue received,) should Texas with a view to encourage and foster her own shipping (which has been the poUcy of every Government desiring to be inde- pendent) make the same difference in the tonnage duty between domestic and foreign vessels, as has been established by the United States, for the protection of their shipping, then the gain to the United States by the adoption of this provission. must be in propor- tion, as the amount of their shipping entering the ports of Texas, exceeds the shipping of Texas entering the ports of the United States. The 3rd. and 4th. paragraphs, of the 3rd. article provide that the same duties shall be collected by either country on the articles of growth produce or manufacture of the other, whether the same shall be imported into either country by Texian vessels or vessels of the United States. This provission will have the effect to reduce the duties now levied in the ports of Texas five per cent, upon such articles as are imported into that country in vessels of the United States, which are the growth produce or manufacture of the United States. This will be more fully explained by the following clause extracted from the impost laws of Texas, ''An additional duty of five per cent ad valorem shall be collected over and above that which the laws otherwise direct from all goods imported in foreign bottoms, with the exception of those foreign vessels, which by treaty or act of " Congress are permitted to enter on the payment of domestic duty". Such a provission may likewise be contained in the revenue laws of the United States, this however I have not had an opportunity to Digitized by Google 142 AMERICAN HISTORICAL ASSOCIATION. ascertain: should it even be so, this provission must still result with greater advantage to the United States, in proportion to the amount which their exportations to Texas in United States vessels exceed the exportatifons of Texas to the United States in Texian vessels, which excess as has already been shown is very great in favour of the United States. The last paragraph of the 3rd. article, relates to drawbacks upon the exportation of goods the growth produce or manufacture of either country, and when reexported from either country in the vessel of the other party to any foreign nation, the party from whose country such reexportation is made, reserves to itself the right, of regulating or diminishing the amount of the said drawback. This provission though important for the future, at present would be very limited in its effects upon either country. It is not probable that any exportation will be made to Texas from the United States, for some time to come with a view of reexportation by river or sea to any other foreign nation. The only case, in wliicli this provission will probably operate, will be in the exportation of the products of Texas to the United States, and from thence to be reexported to Europe. By the adoption of this provission the United States will have the power to diminish the drawbacks allowed to such an extent (when the re- exportations are made in Texian vessels) as may amount to a pro- hibition, and thereby secure to themselves the carry ing trade of all articles the growth, produce or manufacture of Texas so reexported. By article the 4 th. "the two contracting parties agree that theSabine from its source to the sea, the Red river and all rivers, having their sources or origin in the territory of Texas, running in part of their course through that territory, or forming the boundary between Texas and the United States and emptying into the Mississippi, and the Mississippi itself, from and including the mouth or mouths of said rivers to the sea, shall be free to be navigated and common to both nations, and that no duty shall be levied or collected upon any arti- cles the growth, produce or manufacture of Texas, originally trans- ported down the above named rivers, or transported for the purpose of descent and exportation to any port or places situated thereon, provided however, that it shaU be lawful for the Presidents of the United States to establish such rules and regulations, as may be neces- sary, for the proper observance of the stipulations contained in this, and the next succeeding article." In this article the right of entrepot is indirectly ceded to Texas, but as the same is more fully couched in article 6th. I will pass it over for the present, and confine myself to 'the remaining stipulations of the article above set forth. The privilege, of the navigation of the several streams before alluded to (which take their rise in Texas) throughout their whole course to the sea, cannot be considered as a cession on the part of the Digitized by Google COBRESPONDBNCB WITH THE UNITED STATES. 143 United States to Texas, but is a natural right belonging to Texas. This position I presume no one will attempt to controvert: should it how- ever be doubted, the doctrine heretofore held by the United States, during the controversy with Spain in 1792 in regard to the rigjit of navigating the Mississippi within the Spanish territory," as well as the doctrine afterwards held by the United States, in the controversy with Great Britain in relation to the navigation of the St Lawrence, which both takes its rise and empties into the sea within the British territory,'' will establish the principle upon which this right is founded. This right is rested upon the principle, that the Ocean is free to aU men, and its rivers to all their inhabitants — that whenever these rivers enter the limits of another nation, from that in which they take their rise, or through which they flow, if the right, of the upper inhabitants to descend the stream, shall be in any wise obstructed or denied, it is but an act of force by a stronger society against a weaker condemned by the judgment of mankind. It is also a principle that the right to a thing gives the right to the means without which it could not be used, that is, the means follow the end, and the right to navigate a river draws to it a right to moor vessels to its shores — to land on them in cases of distress, or for other necessary purposes. This principle is founded in natural reason and evidenced by the common sense of man- kind. Mr Jefferson, in his instructions to the United States' Minis- ter in Spain, in 1792, contended that this incidental right extended even beyond the shores, when circumstances render it necessary to the exercise of the principal right. The only modification which this right admits of, is when its free use would conflict with the safety and convenience of the nation through which the upper inhabitants are to pass. Hence arises the power to establish rules for its government and exercise. But then it is a right as real as any other right how- ever well defined, and should it be refused or so shackled, by regula- tions, not necessary for the peace and safety of the lower inhabitants, as to render its use impracticable, it would be an injury for which the party injured should be entitled to redress. The law of nature, in its great outlines, though suflBciently understood, does not always reach the minuter and more compUcated details necessarily called for by the various wants of commerce and navigation: for this reason, the ocean itself has been subjected in many instances, by numerous treaties, to various regulations. The power to prescribe these rules has been delegated by this article of the treaty to the President of the United States. The free navigation of the streams before alluded to, as now contended for, wiQ possess none of the difl5culties suggested — the exercise, of this right so far from endangering the peace and safety of the inhabitants of the United States, situated and residing upon a See American State Papert, Foreign Relations, 1, 251-263, pastim, ft C/. Woolsey, IiUematUmal Law, 82. Digitized by Google 144 AMERICAN HISTORICAL ASSOCIATION. these streams below where they emerge from the territory of Texas, would on the contrary greatly promote their interest and contribute to their wealth. By article 5th. the two contracting parties agree that on all articles the growth produce or manufacture of either country, sent from one country to the other by land, river or sea and exported to a foreign country no duties or charges shall be required to be paid to the power within and from out of whose limits such articles arrive and depart: that they may be repacked for exportation, under the inspection of the proper authorities, and at the expense of the party interested, and that raw cotton the produce of either country may be imported into other free of duty for five years, from the exchange of the ratifications of this treaty." This article in a commercial point of view may be considered as perhaps the most important embraced in the treaty. In order to understand the advantages — the policy — the faime^ and equality of its provissions, it is necessary to examine and compare its probable effects, upon the various inter- ests of the two countries. The geographical position of Texas — the habits and pursuits of her people — her principal population being at present embraced between 28 and 34 degrees of north lati- tude and her soil being well adapted to the production of the great southern staple, mark her's as emphatically an agricultural coxmtry. The only articles which she may expect to export will be her agricul- tural products: the great item of which, and perhaps the only one to any extent for the present will be the article of raw cotton. Texas then, by the provissions of article 5th, would secure to herself the privilege of discharging and repacking for re-exportation, under the inspection of the proper authorities, at the ordinary expense attendant upon the same, her cotton destined for European markets, and the additional privilege of disposing of the same for the term of five years within the limits of the United States free of duty. A large portion of the citizens of Texas having emigrated from the United States — the habits, language and religion of the two countries being the same, and the institutions of the former having been derived from the latter, it is but natural to suppose, that the people of Texas, should prefer and desire to carry on their principal trade with the citizens of the United States, when they can do so, without material detriment to their commercial interest. The limited amoimt of her shipping, and consequent limited means of conveyance within herself render it the interest of Texas to procure a market for her products as near home as possible, and thereby obtain a speedy return for these products, and a ready supply of such articles as she may desire to purchase abroad, and import into her own country for consumption. This object may be said to be attained in a great degree for the next five years, by the provissions of this article of the treaty, after which Digitized by Google COBRESPONDENCB WITH THE UNITED STATES. 145 the privilege of selling Texian cotton in the markets of the United States free of duty would expire by its own limitation without a notice of a desire to terminate it by either party. The right of entrepot and repackage ceded by this article would result with much convenience to the people of Texas, so long as their principal trade shall be confined to the United States, especiaUy that portion of our citizens residing in eastern Texas, whose outlet to market must be through the channels of the various rivers aUuded to in article 4th: their natural right being confined as before stated, to the privilege of free navigation without that of entrepot and repackage, under ordinary circumstances. The question is then presented, Can the United States cede to Texas these privileges without detriment to their interests? or will they not by these reciprocal stipulations greatly advance and promote their individual and national wealth? The only objection which has been attempted to be urged, but which upon examination will be found to be entkely groundless, is, that by the admission of Texian cotton in the markets of the*United States free of duty an imdue competition would thereby exist which would be detrimental to the cotton growing interest of the United States. If the United States were the only consumers and manufacturers of raw cotton, this objection would hold good, but it will be recoUected that the United States are not only consumers of the raw material, but are exporters to a much greater extent, consequently it matters but little so far as the cotton growing interest of this country is concerned, whether Texian cotton is met in the markets of this country, or competed with in the markets of Europe, in fact the mar- kets of Europe, with regard to the article of cotton, control the price in the markets of the United States, and therefore any competition it matters not how formidable that may arise in the article in the ports of the United States, can have no effect upon the current prices of that great and leading staple. The tonnage duty, now levied by the French and English Grovem- ments in their ports on vessels of the United States, when freighted with Texian cotton, is established at a rate so high that the tonnage in many instances would amount to more than the ordinary freight of the vessel, and consequently has the effect of a prohibition. The entire crop of Texian cotton sent to European markets under the existing state of affairs (it matters not whether the same is shipped from the ports of Texas direct or reexported from the ports of the United States) is now compeUed to be carried on board of European ships. It will be readily seen that by the admission of Texian cotton into the ports of the United States free of duty, the same would lose its identity and become mixed with and shipped as United States cotton, which taken in connection with the provissions of a former article would undoubtedly secure to the United States the carrying 39728**— VOL 2, PT 1—11 ^10 Digitized by Google 146 AMERICAN HISTORICAL ASSOCIATION. trade of Texas, by which a profitable employinent will be had for a large number of their merchantmen, which would otherwise be secured by Eiux)pean ships. The United States would not only secure the carrying trade, but would become the great store-house from which Texas would procure nearly the whole of her foreign supplies, which have heretofore exceeded the amount of her exports. The great manufacturers of the north would here secure against European competition (for such would undoubtedly be the eflFect) a growing and extensive market for the various articles manu- factured by them, such as cotton fabrics of every character, lindseys, jeans, broad cloths hats boots and shoes and articles manufactured from steel and iron, including fire arms, implements of war, farming utensils and implements of husbandry; also the various articles of furniture etc manufactured of wood — ^glass and tin ware saddlery etc etc etc, while the farmers and planters of the west would find consumption and a market for their immense quantities, of surplus produce, such as flour, bacon, lard etc, thereby giving both in the north, and west profitable employment to a large number of laborers, who must otherwise remain idle and unemployed. Thus it may be seen that this cession of privilege to Texas will not only act without detriment to the United States but will result directly to their great and eminent advantage. The privilege of entrepot and repackage is not exclusive, but entirely reciprocal and opens to the enterprise of the United States through the territory of Texas extraordinary inducements. The United States, imder the provissions of this article of the treaty, would possess the right to ship the articles of growth, produce or manufacture of every character, of their own country to Texas with a view of reexportation free of charge or duty, thereby opening a highway to their citizens to the extensive &nd lucrative trade of the States of Eastern Mexico, being the nearest route by which many of those states can be reached; the most wealthy, of which, must from their pecuUar locality, sooner or later, receive their supplies through Texas. I aUude to the northern portion of the States of Tamaulipas and New Leon, together with the whole of Durango, Coahuila and Chihuahua. This view of the case is neither vissionary nor ideal. While Texas constituted an integral part of the Mexican Nation, a most extensive and lucrative trade was carried on by the citizens of the above named Mexican states, with the city of San Antonio, and the various villages upon the western border, and even since the independence of Texas, and during the pendency of hostih- ties between Mexico and Texas, in the years 1838-9 and 40 not less than one hundred thousand dollars in gold and silver was annually brought into Texas by Mexican traders and exchanged for articles of merchandise. It will be recollected also that in the fall of 1840 Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 147 a caravan of traders, from the State of Chihuahua passed through Texas and descended Red river and the Mississippi to New Orleans, carrying with them nearly two hundred thousand dollars in the precious metals, which were exchanged in that city principally for dry goods. These traders returned by the route which they had come, being through that portion of Texas included in the counties of Red river and Fannin. The Americans, who accompanied that expedition, and have since returned, report the route as not only practicable, but easy to be traversed. If then such has been the trade, imder the circumstances which have existed in that quarter, it might reasonably be concluded that should the difficulties between Texas and Mexico be happily terminated, this trade would become one of gEeat importance. From these reflections I conclude that the pro- vissions of this article are not only necessary but higlily beneficial to the interests of both coimtries. Nothing is ceded to Texas which it is the interest of the United States to deny. Nothing is offered to Texas for which she does not render a fair and full equivalent. The 6th, 7th, 8th, 9th, 10th, 11th, and 12th, articles provide for the regulation of the commerce between the two coimtries, during the pendency of a war in which either of the contracting parties may be engaged, whilst the other is neutral, which is highly neces- sary for their mutual protection. As these articles contain nothing more than the ordinary stipulations, usual in such cases, I deem it unnecessary to allude to them in detail. The 13th. article provides that the citizens of either coimtry shall have power to dispose of their personal effects by sale, donation, testament or otherwise, and that their representatives, being citizens of either country, shall succeed to the said personal effects, whether by testament or ab-intestate, and may take possession thereof, either by themselves or their agents, upon paying the ordinary expenses etc. This together with the succeeding article, which secures protec- tion to the persons and property of the citizens of each country while in the territory of the other, as well as opening the tribunals of justice for the judicial recourse of the citizens of one country, in the Govern- ment of the other, upon the same terms as are usual and customary with the citizens of the country where the court is established, are important in order to secure to the inhabitants of both countries their proper rights, and provide for the numerous cases that daily arise. The 15th. 16th. 17th. and 18th. articles provide for the admission reception and government of consuls and vice consuls. The 19th. and 20th. articles provide for the suppression of hostili- ties among the various tribes of Indians, resident upon the western frontier, and for the return of captives taken by the Indians of one country, and carried into the territory of the other. These provis- sions are the same, as have heretofore existed between Texas and the Digitized by Google 148 AMERICAN HISTORICAL ASSOCIATION. United States, and which have been productive of great mutual benefit to both countries. Interest and justice to the citizens of both coun- tries, as well as humanity to the Red man demand their ratification. The 21st. article provides for the apprehension of the criminals of one country, who have fled to the territory of the other. National justice, as well as the interests of humanity, calls for such a regula- tion. By its ratification my own country will be enabled to repel an imputation, which has heretofore been made, and which was as false as it was unfounded. The last article provides the manner of its ratification. I have thus briefly noticed some of the leading features of this, the first treaty of navigation and conmierce, which has been concluded between the United States, and the Republic of Texas. Taken in detached parts some of its provissions may present some inequalities — taken as a whole it may be considered perhaps as equal, under all the circumstances, and relative situation of the two countries, as could be expected. Should any of its leading features be rejected, I am satisfied that the fragments would not be worth preserving. Should it be ratified as a whole, I feel confident it will advance the mutual interest of both nations. The trade of Texas will be thrown into that channel in which the citizens of Texas desire it should go. The United States will have secured the trade of a growing and rapidly increasing market, which will prove a source of wealth to their merchants, producers and manufacturers, and a profitable and lucrative employ- ment to their shipping. I have the honor to be with high consideration Your very Obedient Servant (Signed) Isaac Van Zandt Van Zandt to Jones.'* Porter to Webster.* Eve to Webster.* Van Zandt to Jones.** Webster to Eve.* a Mafch 15, 1843. See Calendar of Correspondence with the United States in Part I. t March 15, 1843. See Eve to Jones, April 13, 1S43 (first in order of this date). e March 16, 1843. See Calendar of Correspondence with the United States in Part I. d March 16, 1843. There were two letters of the same date. For both see Calendar of Correspandenoa with the United States in Part I. « March 17. 1843. See Calendar of Correspondence with the United States in Part I. Digitized by Google cotle^pondence with the united states. 149 Green to Eve.'* Van Zandt to Websteb.* Mexican Proposition for Peace made through James W. Robinson.*' Van Zandt to Jones. Dispatch No. 98. Legation of Texas Washington City April 6th. I84S Honorable, Anson Jones Secretary of State. Sm In my dispatch to your Department of the 13th. ultimo, in alluding to the amendments made to the treaty, by the Senate of the United States, I expressed the opinion, that, if a proper course were pursued by oilr people at home, confidence would again be restored in this country, and at the next session of Congress we might have reason to hope that the treaty would be ratified in its original shape, and that, therefore, the Senate of Texas should not act again upon the matter, until the Senate here had had an opportunity to revise its decission. So far as the course, proper to be pursued, was alluded to, as men- tioned above, I am now of opinion that I was partially in an err^r, and that the Senate here will take no action upon the same, until the treaty has been submitted to the Senate of Texas, with a view to its concurrence in the amendments proposed. Should the Senate of Texas refuse to concur, my present impression is that a new convention will have to be formed, of this however I will speak at another time, my present object being to coiTect the error of my former hasty suggestion, which was not properly scrutinized at the time it was indited. While on this subject, I will state for your information that a few days since it was made known, to me, by a gentleman who represents himself as being the holder as well as the agent of others who are holders of a large amount of Texas treasury notes, (this gentleman was introduced to me by a letter from Mr. Webster) that these holders, of our liabilities, intended to call upon the Grovemment of the United States to require of the Grovemment of Texas to make some provission, for the liquidation of their claims, or some arrange- ment, by which these notes should be receivable again, as heretofore a March 17, 1843. See Eve to Jones, Aprfl 28, 1843. b March 23, 1843. See Van Zandt to Jonesf April 5, 1843. e March 27, 1843. See Jones to Van Zandt, May 8, 1843. Digitized by Google 150 AMERICAN HISTORICAL ASSOCIATION. for public dues, at certain stipulated periods of time, say, one, two, three, and four years. This gentleman further stated to me that he had made a written communication, to the Secretary of State, upon this subject, which was submitted to Mr. Archer, chairman, of the Committee on Foreign Relations, being the same to which I alluded in a former dispatch. He also stated that he had lately called the attention of Mr. Webster, and several Senators to this subject, all of whom, he said, concurred with him, that should another treaty, or convention be concluded between the two Governments, such treaty, or convention ought to contain a stipulation, for the adjustment of these liabilities. In reply to these remarks, I said, to the gentleman, that I had no instructions from my Govemident upon this subject, but if I had, of course, I could take no oflBcial notice of his propositions, unless the same were presented to me through his Government, but as a private citizen, of Texas, I would say that while that Government felt every disposition to meet its liabilities, at the earliest day possible, I felt very certain that such a provission, as had been intimated, by him, neither could, nor would be adopted. He then desired to know of me, if I would have any objection, to his making, to me, a written . communication, in relation to this subject. I replied that he could do so, if he thought proper, and that any communication, which he might make to me, I would take pleasure in submitting to my Govern- ment, for its consideration. He then said, on leaving, that I should hear from him soon. If the communication be made I will forward it to your Depart- ment as soon as received. No allusion has been made, to this subject, by Mr. Webster, in any of our late conversations, but I thought it proper to give you the substance of the foregoing conversation, some- what in detail that you might form your own conclusions therefrom. On the 23rd. ultimo, I addressed, to Mr. Webster, a communication, upon the subject of our Mexican relations, enclosing copies of the orders given to Genl. Somervell, and the narative of A. Neill Esq., which I had received from your Department. I herewith send you a copy, of the communication refered to. The objects, of which, as you will perceive, were to correct the erroneous impressions, which had been made here, in relation to the late movements of the Grovem- ment of Texas, and to place it in its proper light; and to again impress upon the Government, of the United States, the propriety, of a prompt and eflBcient interposition upon their part, in arresting the war between Mexico and Texas; and to secure a proper treatment to those of our countrymen whom the fortunes of war had placed, as prisoners, in the power of Mexico. In relating the details, of the treatment, which had been extended by Texas, to those Mexicans whom she had taken prisoners, and the contrast which had been presented by Mexico, in the infliction of numerous outrages, upon Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 151 our citizens, who had been captured by her, I have copied principally the language used in my instructions, from your Department, believ- ing them to present the facts in their clear and most forcible light. Up to the present time I have received no reply to this communica- tion. Mr. Webster is now absent for a few days on a visit to Boston. At Mr. Webster's request I gave him a copy of the letter of the French Charg6 de' Affaires to your Department. In your Dispatch to me of February 16th. you make the following remark, in reply to my Dispatch number 95, which had been received at your Department, viz. ''I was somewhat surprised at that part of your communication number 95, where you expressed the opinion that this Department had acted, in probable ignorance of the fact, that the treaty, between Mexico and the United States, so far as Texas was concerned, had been ended in all things relating to navi- gation and conmierce, by a notice given to the United States, in accordance with the 34th article of said treaty; and I am at a great loss to understand to what particular acts you allude." In order that you may know upon what my opinion was founded, I would respect- fully call your attention to the following extract, from a Dispatch received from your Department, of August the 19th. 1842, viz. "The right, of Texas, to require this prohibition, on the part of citizens of the United States, is clearly deducible from the 33rd. article of the treaty, of Amity, navigation, and commerce, concluded etc." In the following paragraph you say "This treaty is in full force. Texas was, at the time it was concluded, a component part of the Mexican confederacy. She has never repudiated the treaty, nor disregarded its provisions etc. etc." An examination, of these extracts, I am sure, will lessen your surprise, and I think convince you that they furnish sufficient grounds for the suggestion, or the opinion, which was expressed by me, in my Dispatch No. 95. I concur with your Department, upon further examination, that the provission, in relation to Indians, con- stituting one of the features of amity embraced in the treaty, is yet in force, but in the dispatch of Your Department, of the 19th. of August, your remarks are not confined to the provission of amity; you say in imequivocal terms ' ' This treaty is yet in fuU force ' ' . Another fact I will state, which strengthened the opinion, which I expressed, it is this, that no measures had been taken to enforce that provission of our revenue laws, which provides that an additional duty of five per cent shall be levied, upon all articles shipped, or imported in for- eign bottoms, with the exception of those foreign vessels, which by treaty or act of congress, are permitted to enter, on the payment of domestic duty. If then, there exists no treaty stipulations, in regard to navigation and commerce between the two coimtries, I am at a loss to know why this additional restriction has not been enforced, against the commerce of the United States. The fact, that the same Digitized by Google 152 AMERICAN HISTORICAL. ASSOCIATION. has not been enforced, certainly affords grounds for the suggestions which I made. I am aware that the collection of the revenue is not under the control of your Department, but at the same time it was to be presumed that so important a fact, as that, could not have escaped your attention. In making the suggestion, that it was prob- ably unknown to your Department that the notice to terminate the treaty had been given to the United States, it was not my intention or wish to impute '' Ignorance' ' to your Department, (that is the word used by you,) but knowing the fact that the records of your Depart- ment were at Austin, and that it was impossible for you to refer to them, I thought it probable that the same might have escaped your notice. This I hope will suflBciently disclose the causes which led me to make the remarks alluded to by you in your dispatch of the 16th. of February last, and satisfy you of their then apparent pro- priety. a* « « :|e * ♦ ♦ I will write to you again, in the course of next week, by which time, I hope to be enabled to communicate to you the determination of this Government, upon the subject of interposition. I have the honor to be with high regard Your Obedient Servant Isaac Van Zandt fCopy.) (ICr. Van Zandt to Mr. Webster.) Legation of Texas, Washington City March 83rd, I84S The undersigned, charge de Affares, of the Republic of Texas, had the honor, on the 14th. of December last, to lay before Mr. Webster, Secretary of State, of the United States, and invite his attention to the character of hostilities waged by Mexico against Texas, which was believed to be violative of those rules of civilized warfare, which had received the impress of wisdom, and been sanctioned by the ennobling and enlightened principles of humanity; invoking at the same time the interposition, of the Government of the United States, to arrest the same. Subsequent to the date, of the communication just alluded to, in a personal interview, the undersigned was informed by Mr. Webster that the same had been submitted to His Excellency, the President, of the United States, who had given it a favorable consideration; and that it was the intention of his Government to seize the earliest favorable opportunity to make a representation upon the subject, to the Mexican Government. On the 2nd. ultimo, the undersigned had the honor to receive the note of Mr. Webster a Here follows a list of the books and other property of the legation. Digitized by Google COBBBSPONDENCE WITH THE UNITED STATES. 153 in reply to his, by which he was informed that a copy, of his communi- cation, of the 14th. of December, had been communicated to the Minister of the United States at Mexico, with instructions from the Department of State in relation thereto, the nature of which was not intimated. Since this reply, in an interview had at the Depart- ment of State, the undersigned was informed by Mr Webster that the late movements of the forces of Texas, having exhibited an appar- ent inconsistency with the principles, which the Government of Texas had avowed should govern its action; and partaking of that character of warfare, against which, it had protested, and which the interposition of the United States had been invoked to arrest; that, therefore, his Government would necessarily be constrained to suspend the measures, which it had designed to take, and which it would have deemed proper to adopt towards the contending parties. The undersigned listened with much regret to the opinion thus expressed, and though conscious of the incorrectness, or the imperfect view of the data, upon which this conclusion was foimded, yet, for want of authentic information, the undersigned was then unable to present a full statement of the facts, which would explain the nature of these movements, and vindicate his Government from the supposed inconsistency. The undersigned has now the grati- fication to make known to Mr. Webster, that he has received, from his Government, oflBcial information of the causes, which gave rise to the campaign, and the orders and instructions given to Brig-Gen Somervell for its prosecution, to all of which the attention of Mr. Webster is most respectfully invited, with the fullest confidence that they will show that the Government of Texas has not abandc^ned its former ground, nor given its sanction to any act, at variance with its previous declarations. In my communication, refered to, of the 14th. December last, it was made known to Mr. Webster, that in the course of that year, no less than three predatory marauding incursions, to Texas, by Mexican soldiery, had been made, under the orders of the Govern- ment of Mexico. Our peaceful citizens have been plundered, by their troops in some instances, in others captured and imprisoned, and again, in others murdered, with the most savage inhumanity, in cold blood. On account of these injustifiable enormities and cruel- ties, inflicted upon our people, a feeling was aroused throughout the country, which caused an assemblage of a large number of our citizens at Gonzales, one of our western towns, in the month of October last, determined to avenge the injuries and murders, which had been committed upon their friends. From the indications that were given, the President became satisfied that the people, of the coun- try, were exasperated to a degree, which it would be at least diffi- cult to restrain, even should propriety require it to be done. Under Digitized by Google 154 AMERICAN HISTORICAL ASSOCIATlOlf. this conviction Brig-Gen SomerveU, of the Texas militia, within the limits, of whose Brigade the citizens had assembled, was ordered to assume the command, and, in case a suitable force should muster into service, to pursue the enemy across the Rio Grande, for the pur- pose of chastising them; observing in every case the rules of civi- lized warfare, and exercising great humanity towards the common people. For the further information of Mr. Webster upon this subject, the undersigned has the honor herewith to transmit copies, of all the orders given by the President and Secretary of War of Texas, to Brigr. Gen Somervell, for the conduct of the campaign. (See copies of orders addressed to Gen SommerveU.*) Under these orders, the army, about seven hundred strong, Was organized by Brg.-Gen Sommervell, and marched from the Medina on the 25th. of Novem- ber last, in the direction of Laredo, at which place it arrived and [which it] took possession of, without resistance, on the 8th. of the succeeding month; the troops stationed there having fled with pre- cipitation, on the approach of Gen Somervell. From this place, a part, of the men, about 200, returned home; the remainder, under Gen Somervell, marched on the 10th. from Laredo and crossed the Rio Grande near Guerrero on the 14th., in the presence of GenCanales, who, with about 400 men, was stationed on the opposite side of the river. Gen. Canales, with his forces, immediately fled, and the town of Guerrero surrendered. On the 18th., the army repassed the river in safety, and on the 19th. Gen Somervell, not deeming it prudent to remain longer, and being in want of provissions, clothing and ammunition, concluded to return. The order was then given to return to Gonzales, and the march was accordingly commenced, by about two hundred men, who returned to their homes. The balance remained in camp, and having elected Wm. S. Fisher com- mander, in violation of Gen Somervell's order, recrossed the Rio Grande, and entered the town of Mier on the 23rd, On the 24th., a smart skirmish ensued between this party and a. Mexican force, when the latter were repulsed with loss. On the 25th they were attacked at day Ught, by about 1500 men, and after having fought very gallantly until ten o'clock, a parley ensued, and they were induced, by assurances that large reinforcements, of Mexicans, were at hand, and promises of safety, to surrender under stipulated articles. Throughout the whole march, of the forces, while under the com- mand of the properly authorized commander of the expedition, every individual act of impropriety or violence, upon the property of the peaceful Mexican citizens, was restrained, when it was possible a These are all published in the Hotue JounuU 7th. Tex Cong. See Calendar of Correspondence wltH MexioD. Digitized by Google COERESPONDENCE WITH THE TTKITED STATES. 155 to be done, or punished if committed. Private property and per- sonal rights were, in every possible instance, secured to the enemy's citizens, and none were taken prisoners. The objects of the Government, it will thus be seen, were legiti- mate — the pursuit and chastisement of the enemy. The orders, given for the Government of the campaign, and every act, done in pursuance of those orders, and with the sanction of tlie constituted commander, of the expedition, if submitted to the severest scrutiny, the undersigned confidently beUeves will show that his Government has not abandoned, nor departed from the high policy, which it had avowed its determination to pursue. The undersigned is aware that his Government, in asserting the rights, acknowledged to belong to civilized nations, and the princi- ples, which should govern them, in their mode of warfare towards their enemies, should give assurances, of a strict observance of those rights and principles, itself. That it has always observed them heretofore, the history of our revolution, abundantly proves; and the imdersigned is instructed to assure the Government of the United States, that any departure, from these principles, should it be at- tempted, will not be sanctioned by his Grovemment. That there will be lawless persons in every community, who, setting laws and author- ity at defiance, persist in a violation of good order and propriety is certainly true. In a country like Texas, whose civil Institutions have not been matured by time, and by the enjoyment of peace and national tranquihty, whose citizens are liable to strong excitements, and driven to desire vengeance and retaliation, upon an enemy, with whom that country is at war, and from whose soldiery the most wanton, flagrant and cruel injuries have been long received and endured, and whose inhuman acts have been sanctioned, by the Grovemment of Mexico, it is but natural to suppose, that some irregularities will occur, and that attempts will be made at retaUa- tion, by individuals suffering from the consequences of such wrongs and injuries. These acts of individuals, though in a great degree excusable under such peculiar circumstances, should not be imputed to their Grovemment. The undersigned would then again repeat, that his Gk)vemment will not, in any instance, depart from the principles, which it has avowed to the world — principles, which form the basis of all national respectabihty, and which holds together the fabric of the moral universe. It is tme, Texas may be driven, by paramount necessity, to the pursuance of a retaliatory war with Mexico, of the character, which that Government has so long pursued against her; but when she does so, that same necessity will be abundantly apparent, and justify her in the opinions of mankind. Digitized by Google 156 AMEBICAN HISTORICAL ASSOCIATIOlJ. The undersigned, believing that the foregoing facts, in relation to the campaign, under Brigr Gen Somervell, will sufficiently justify the acts of his Grovernment, and place the same in a proper light, avails himself of this occasion to again respectfully invite the atten- tion of Mr Webster, to the recent and continued outrages, committed by Mexico, upon the persons and lives of our citizens, who have been taken prisoners, in the predatory and marauding incursions made upon our territory, and on other occasions; which it is believed are of such a character as to demand, of those civilized nations, who have acknowledged the independence of Texas, and whose citizens are, in many instances, the participants of these outrages, a prompt and efficient interference, for the purpose of arresting them. In doing so, and for the purpose of exhibiting more fully the course, which has been pursued by both countries, since the commencement of hostiUties between them, the undersigned would beg the indulgence of Mr. Webster while he presents a brief history of their conflicts, together with the manner of treatment, which has been extended to prisoners, who have fallen into the power of either of the contending parties. The inhuman butcheries, committed upon our citizens, whom the fortune, of war, had placed in the power of Mexico in 1835 and '36, produced a feeling of horror, from which civilized humanity has too recently recovered to have forgotten them. The names, of Grant, Ward, King, Travis and Fannin, present to the recollections of all, who have read the details, of our early struggles for freedom, correspond- ing instances of inhuman and cold blooded murders, committed upon helpless prisoners — of violations of faith and of perfidy, on the part of Mexico, that are in striking contrast with the forbearance and humanity, which, from the commencement of the war in 1835, up to the present time, has characterized the course of Texas in its prosecution. In December 1835, the town and fortress, of San Antonio de Bexar, were beseiged by the Texian Army, under the command of Col B. R. Milam; and Gen Martin Perfecto de Cos, Commander in Chief of the Eastern Internal Provinces of Mexico, surrendered himself and about 1500 men prisoners of war, by articles, of capitulation, signed on the 10th. of that month. The conditions, of this surrender, were faithfully observed by Texas; and Gen Cos, with all his officers, and the men under his command, was permitted to return to Mexico upon parole — their persons and property being in every respect safe and inviolate. On the 21st of April Gen Santa Anna then President of Mexico, and Commander in Chief of the Army of Operations against Texas was met and defeated at San Jacinto. The President-Greneral and Seven himdred and fifty Officers and men surrendered themselves at discre- Digitized by Google OOBBBSPONDENCB WITH THE UNITED STATES. 157 tion and on their knees implored that mercy which they had so recently denied to those unfortmiate men who fell into their power at Groliad and the Alamo. These prisoners had forfeited every claim to the mercy they sought, having been engaged in waging a war of extermination ^and giving neither quarter to the vanquished nor observing the faith they had promised by solemn compact to those who siurrendered with Col Fannin and others; aH of whom (with the exception of the medical men whose services were required for their own wounded) were massacred by order of Gen Santa Anna. Gten Cos who was taken a prisoner with the rest, had doubly forfeited his life, having violated the parole he had given at San Antonio the December previous, and subsequently engaged in an unauthorized mode of warfare: But notwithstanding all these powerful incentives to a just vengeance, and the then recent distresses which the Mexican army had brought upon the whole country, the Uves of all these pris- oners were generously spared — they were supported at the expense of the Government — were kindly treated in every respect — the woimded and sick had the best medical attention and the most assiduous care, and all who wished it were sent home to their own country. As an evidence of the humanity with which they were treated, reference is made to the fact that many of these prisoners chose to remain in the country and continue in it up to the present day. Gren Filisola and the troops under his command fled from the coun- try immediately after the battle of San Jacinto in the utmost confusion and dismay, and although they could have been cut up by our army the hand of vengeance was withheld; and in strict fulfillment of the promise made this General with his troops was permitted to leave the country undisturbed. His oflBcial report to his own nation and the defence which he published to the world in justification of his precipi- tate retreat clearly prove the truth of the above statement in relation to him. The President of Mexico, Gen Santa Anna was treated with every possible respect and kindness and with all the forbearance consistent with his safe keeping as a prisoner of war: and was finally sent to the city of Washington agreeably to his own soUcitation, imder an escort of three distinguished officers and at the pubUc expense, from which place he returned safely to Mexico. The sparing the Uves of these prisoners and the indulgences ex- tended to them was a voluntary act on the part of Texas: and their final release and restoration to liberty an act of humanity and mercy. The obligations which these impose upon civiUzed man were the only ones which my Government was under towards these captive enemies; while justice if her stern mandates had been obeyed would have required their execution or at least that of their leaders. Digitized by Google 158 AMERICAN HISTORICAL ASSOCIATION. The course of Mexico towards the citizens of my Government who have fallen into her hands has been of a character wholly at variance with this conduct on our part as will be seen by the following state- ment of facts. Passing over the massacres of our citizens in 1835 and 6 which M*e already sufficiently known and are alluded to in a former part of this communication, this detail will be confined to transactions of a recent date. A party of peaceful traders and others sent out to Santa F6 in the latter part of 1841 consisting of about 325 men were induced to sur- render themselves prisoners of war to the troops under command of Gov Armijo. Articles of capitulation were agreed to and signed by the two parties, by which the Texians were promised security of per- sons and individual property, kind treatment and speedy restoration to perfect liberty. But no sooner had they laid down their arms, than they were indiscriminately plundered of every article of pro{>erty they possessed — their hats, shoes coats blankets and even their shirts taken from them. Their arms were tied with cords and they were fastened together in numbers of two or more with raw hide and some secured by cabristas <* to the tails of Mexican horses and mules. In this con- dition, in the coldest of the winter weather, exposed to every vicissi- tude and inclemency of the climate, suffering alternately from cold and hunger and hourly insulted and abused by the officers and soldiers in whose chM*ge they [were] placed by the Governor of Santa Fe, they were marched on foot a distance of 2500 miles to the city of Mexico. On the way those who failed from fatigue debility or sickness were deUberately murdered, their ears cut off and transmitted to Mexico as a proof of the fidelity of the commanding officer of the guard in the fulfillment of his inhuman orders. Those who survived the fatigues of this long march and arrived in Mexico (with a few exceptions) were confined in prisons at night and in the day were turned out, chained together like criminals to sweep the streets of the city. Their Uves however were spared and they were finaUy released. Their support while in Mexico was derived principally from the generous advances and contributions made by foreigners; and their return home was effected in the same maimer. On the 11th. of September last Gen Adrian Woll with a force of about Sixteen. or seventeen hundred men entered San Antonio de Bexar under cover of a dense fog, early in the morning and captured fifty four citizens of that place. Herewith I transmit a copy of the statement furnished to the Department of State of Texas by Col Andrew Neill a highly respectable gentleman of Gonzales who was one of the number captured by Gen Woll while attending as a lawyer to his duties at the circuit Court then in session and who has since a Uair ropes. Digitized by Google CORBBBPONDENCB WITH THE UlflTBD STATES. 159 effected his excape and returned to Texas. His statement is entitled to entire credit and by its perusal Mr. Webster will be able to derive an accurate and complete detail of all the transactions connected with the treatment of the prisoners made by Gen WoU, which appears to have been similar to that extended to the Santa F6 prisoners except that their ultimate fate is yet unknown. (See A. NeUl's statement.)* On the 25th. of December last a force of Texians commanded by Col Wm S. Fisher amounting to about 250 men surrendered them- selves prisoners of war to Generals Ampudia and Canales of the Mex- ican Army at the town of Mier, under articles of capitulation, the terms of which are not precisely known. From the inhuman treat- ment heretofore inflicted upon our prisoners, it is much to be feared that Gen Santa Anna or those acting by his influence or orders will sacrifice the lives of these unfortunate men upon the pretext that they were not acting at the time under the orders of the Texian Government, or some other plea. It will be observed however that although the men may be all murdered who were taken prisoners imder Col Fisher, yet some few have escaped who can estabUsh the fact beyond a doubt that articles of capitulation were signed, and that the men were promised kind treatment and all the rights of prisoners of war. This being the case it cannot be material to the question which may be brought to an issue between them and the Government of Mexico whether they were acting under the immedi- ate and legal orders of the Government of Texas or not. They were prosecuting an enterprise which the Government had sanctioned — - that of pursuing and chastising the enemy who had just made a pred- atory incursion into our country and by the capitulation and promises made them they acquired at least the right to be considered and respected as prisoners of war. Had they been other than lawful belligerents it could not have been proper to have entered into a convention with them for their surrender; consequently the Govern- ment of Mexico is bound by every obligation of law justice and humanity to observe in good faith the conditions of this surrender. The capitulation upon expl-essed terms of agreement between them and their captors most certainly brought them within the scope of the rules of civilized war. It is also to be observed that at the time of the capitulation our citizens were by no means vanquished but might have fought their way out with much probabiUty of success had not the most solemn promises of kind treatment and security for persons and property been made them by the Mexican commanders Generals Ampudia and Canales. In ^ach of the instances now before recited the acknowledged laws of civilized war as well as the principles of common humanity had been outrageously violated by Mexico. But the capture and treat- o See Jooee to Van Zandt, February 10, 1SI3. Digitized by Google 160 AMEBICAN HISTORICAL. ASSOCIATION. ment of the prisoners taken at Bexar in September last are attended by circumstances of great aggravation. The Mexicans entered the town early in the morning under the cover of a dense fog and without any previous notification whatever. There were no troops at this point at the time as was well known to Gen Woll (he having constant means of information from the place.) No necessity could there- fore have existed for a General at the head of Seventeen hundred men to have taken the town by surprise which only contained some sixty private citizens, then quietly pursuing their ordinary avoca- tions; the most of them being in attendance on the District Court of the fourth Judicial District then in session. Bexar is an extreme frontier town, insulated from the rest of Texas, eminently exposed to attack from Indians or Mexican banditti. Rumors, as usual dur- ing the session of the Court, had two or three days been afloat that some enemy, the character of whicfh was unknown were hovering about the place, and when ^ on the morning of the 11th. the citizens being aroused from their beds by the cry that the enemy were in town from a natural impulse rushed to their arms to defend them- selves, as they had every right to suppose from savages or robbers. So soon however as it was known to be a regular Mexican force of seventeen hundred men which had in this extraordinary and unusual manner approached the place they laid down their arms and offering no further resistance the town was immediately surrendered. All the citizens of the place were therefore entitled to be considered non- combattants, as they were but a moment in arms; and the time and manner of Gen WoU's approaching the town were such as to lead the inhabitants to the beUef that the object of the attack upon a small defenseless town like Bexar must have been plunder or assassination, which it was clearly their right and duty to resist. But the whole of them were forced to surrender as prisoners of war under articles of capitulation. Among those thus taken prisoners, was the venerable and highly distinguished jurist, the Hon Anderson Hutchinson, then presiding at the Court in session, the Hon Mr. Colquhoun Senator in Congress from Bexar, the Hon Mr. Maverick Representative for that county and the Hon W. E. Jones Representative from Cronzales and many others of our most reputable citizens,* several of whom were taken from their private houses, although they had offered no resist- ance. The capture of these men therefore and the forcing" them to sign articles of capitulation and acknowledging themselves prisoners of war when they had only followed the natural impulse of self defence, is a most gross and palpable violation of the plainest principles of a If the structure of this sentence had been more carefully noted by its writer, he would probably have omitted "when." 5 For a list, see Nikt" RegUter, LXUI, 178. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 161 civilized war. They were not belligerents and therefore not subject to the penalties which attach to belligerents. Since the capitulation three of these individuals have been con- demned to death upon the charge that they had been in the Santa Fe expedition, viz, Mr. George Van Ness, Archibald Fitzgerald and Thomas Hancock; which sentence it is understood the President of Mexico has since commuted to ten years confinement in prison. Had the sentence of death been carried into execution upon these gentle- men it would have constituted a most foul murder; and the impris- onment for ten years is an act of national perfidy and inhumanity against which every principle of justice and mercy is directly opposed. Their parole was not violated by their being at Bexar when the place surrendered nor had they violated it by taking up arms against Mexico. Mexico may urge in excuse for her want of faith and her inhumanity towards those of our citizens who have been so unfortunate as to fall into her power that she has not recognized Texas as an independ- ent nation and therefore has a right to act as she pleases in the premises. But the civilized world cannot admit so futile a reason. Texas is acknowledged as an independent power by the principal Governments of the world and consequently to these Governments so far as they are concerned Texas has all the rights and is bound by all the responsibilities which can attach to an independent and sovereign people. The treatment which our prisoners have received in all the above recited instances and which they are now receiving at Perote and other places where they are confined is as infamous as it is imjust. It is opposed to the principles of religion, to the dictates of common humanity and to every acknowledged rule of proceeding between civihzed nations in a state of war. As such the Government of Texas views it; and she protests to those Governments who have acknowl- edged her independence against the course which Mexico has pursued, and calls upon them to interpose their power in arresting it. They are directly interested in preserving the principles which all nations claiming to be civilized have adopted for mutual observance; and Texas believes that it is their right as well as their duty to interpose. A prompt action in this matter may save the lives of more than three hundred brave and chivalrous men — an object certainly which will sufficiently recommend itself to every generous and philanthropic heart. Mexico in her whole course of conducting the war against Texas has abundantly evinced the disgraceful fact, that no treaty or convention however solemn can bind her to the observance of either justice humanity or mercy and she has thus denied those great principles 39728^— VOL 2, pt 1—11 ^11 Digitized by Google 162 AMEBICAN HISTORICAL ASSOCIATION. which hold together the fabric of the moral Universe. If therefore other nations in view of these circumstances and all the facts now before them as well as those herein contained ^ould refuse their inter- ference in the premises no other course will be left to Texas in the future prosecution of the war with Mexico, than to adopt the prin- ciples of retaliation and to visit upon die people of that country the evils and cruelties which have so long been suffered by ours. For the mass of human suffering and misery which would thus be entailed upon the imf ortunate, the defenceless and the feeble my Gov- ernment will then stand acquitted to itself, to the world and to Almjghty God. It remains to be seen whether the civilised world will look on with indifference and witness so d]6asUx>us a catastrophe. These facts and reflections are respectively submitted to His Excellency the Secretary of State of the United States with a firm reliance that that Government; guided by that enlightened wisdom and respect for the laws of humanity which so eminently distinguish itwill give to them the consideration which iheir importance demands; and take such action thereon as right and justice may require. The imdersigned with pleasure avails himself of this occasion to renew to Mr. Webster assiu'anoes of his distinguished consideration. (signed) Isaao Van Zandt His Excellency Daniel Webster etc etc etc Van Zandt to Jones.* Armstbono to Crawford. '^ Armstrong to Crawford. ^ Eve to Jones.'' [Inclosed are copies of Porter to Webster, March 15, 1843, and of Taylor to the Adjutant General of the United States army, February 22, 1843.] a April 5, 1843. See CaJendar of CorrespoDdenoewilii the United States io Part I. b April 10, 1843. See Van Zandt to Jones, August 15, 1843. cCopy undated, but written soon after Armstrong to Crawford of April 10. See Van Zandt to Jones, August 15, 1843. d A. L. S., April 13, 1843 (transmittiog copy of Taylor to Adjutant-General, February 22). For this lettei and indosures, see Calendar of Correspondence with the United States in Part I. Digitized by Google CORBBSPONDEKCE WITH THE UNITED STATES. 163 Eve TO JoNBs.* Legation of the United States Galveston April 13th 1843 The Honble. Anson Jones Secretary of State ofTexa^ Sir I am instructed by the State department of the United States to seek an early interview with the Secretary of State of Texas, and ad- dress to him a strong, but kind and friendly remonstrance, to abstain on the part of Texas from carrying on the war (should it continue) against Mexico by means of predatory incursions, whither with a view to retaliation or otherwise. But so long as the war continues, to carry it on openly, honorably, and according to the rules recognized by all civilized and Christian States in modem times. At the request of Mr. Van Zandt your Charge d' Affaires now at Washington, similar instructions have been given to the United States minister at Mexico. As I am unable to visit Washington at this time, on aocount of indisposition, I should be much gratified could you visit me in Gal- veston when we can have a full and free oral interchange of opinions ypon this subject, of so much consequence to the character and good standing of Texas. I am however so well acquainted with the opin- ions of the President of Texas upon this subject that I feel assured that there will be no difference of opinion between us. I know that he has uniformly opposed, all and every depredatory incursion by the people of Texas upon Mexico. You will please inform me by return mail whither you will visit me in Galveston and if so when, as I intend the moment my health will permit me to do so with safety to visit Washington. With renewed assurances of respect, I am your obedient servant Joseph Eve Eve to Webster. ^ Upshaw to CrAWI?X)RD. '^ Shaw to Bourland.** aA.L.8. b April 14, 1843. See Calendar of Corresiwndeiice with the United States in Fart I. e April 15, 1843. See Van Zandt to Jones, June 29, 1843. * April 17, 1843. See Calendar of Correspondence with the United States in Part I, Digitized by Google 164 american historical association. Shaw to Doak and Tims and Others." Van Zandt to Jones. '^ Dispatch No. 99. Legation of Texas Washington City April 19th 1843 Hon. Anson Jones Secty oj State, Sir: Since my last dispatch nothing of importance has transpired in relation to our affairs here. Mr. Webster has been absent for a few weeks on a visit to Boston, but is daily expected home. It is again understood, here, that if nothing is heard from England before the 1st. of May, which may require his attention in the State Depart- ment, that he will probably retire from the Cabinet about that time. Who is to be his successor seems not yet to be determined, or if deter- mined on, is not known to the public. Messrs Upshur, Gushing, Tazewell, and Stevenson are all spoken of. Judge Upshur has here- tofore been considered as most likely to be selected. His would be one of the best appointments that could be made for the interests of Texas. He is devoted in his attachment to our country, and anxious to promote our cause, besides, he is a gentleman of fine talents, high attainments, and has the nerve, as the Venerable Sage of the hermi- tage would say, to ^'take the responsibility '' and act with decission. I have some fears that he will not receive the appointment. Gushing is expected here from the north in a few days, aiid is very desirous, I have heard, to succeed Mr. Webster, but I hope the good sense of the President will not suffer his partiality to lead him so far into an error, as this certainly would be, for, he would inevitably be again rejected by the Senate, and thereby increase the confusion already existing. Mr. Gushing is a man of decided abihties, for his age, and an avowed friend of Texas, but the truth is, the northern influence, which is opposed to us, and which would be certainly felt by him in that sta- tion, more or less, would prevent him from taking any efficient step calculated to benefit us. Many other changes are expected in the house, as well as the foreign appointments. Judge Eve is to be recalled from Texas, and Gfen Murphy of Ohio, who is reputed to be a man of talents, is to succeed him. Mr. Proffit of Indiana 'tis said goes as Minister to Brazil. Mr. Waterson of Tennessee Gharge d'Affaires to Venezuela, vice. Hall, of Nashvilte, to be recalled. o April 17, 1843. See Calendar of Correspondenie with the Tnited States In Part I. tl..3. Digitized by Google COBRESPONDENCE WITH THE UNITED STATES. 165 Since I wrote you last I have had frequent interviews with the President in regard to the interposition of this Government; and in our several conversations he has xiniformly expressed a wish, and desire to take effective measures to put an end to the difficulties between us and Mexico, but I think he is fearful to make any impor- tant movement, except he has the unanimous approval of his advisers. In one of our conversations he used to me this language, ^*Sir, I wish you to be assured that I feel the deepest interest in the affairs of your country, and wish to do every thing compatible with propriety to aid you, and if possible to annex you to us; but you see Tiow I am situated' \ (alluding I took it for granted to the embarrassments of his admim'stration). He then remarked that when Mr. Webster returned he would urge upon him the early consideration of my com- munication last addressed to the Department. I then told the President that I had understood him to say that Mr. Webster had been directed to approach the French Minister upon the subject of a United and joint interposition by France and the United States: he repUed that it was true, but that Mr. Webster had been so much engaged with English affairs that he had failed to do so, and that, moreover, Mr. Webster had not acted with that promptness, which he the President had desired, but that he would promise me that he would call Mr. Webster's attention to it again, so soon as he retiuned, and that I should be advised at an early day of their determination. I told the President that I was fully sensible of his kind feelings for Texas, and that I had not failed to make the same known in my dis- patches to my Government, and that I was satisfied they would be properly appreciated; and that I hoped that no unnecessary delay would be had in coming to a determination upon the matters alluded to in my communication — that the laws of nations clearly justified, and the rights and interests of humanity demanded their interference. I told him also that I was convinced that the French Grovemment would accede to the proposition, if made by the United States, but that France would feel a delicacy in making the move first, lest the United States might suppose she was disposed to meddle in the affairs of this continent, beyond what was proper. I fear that nothing will be done by this Government until there is a change in the office of Secretary of State. Mr. Webster, though the President may urge him up, will stiU take his own time, and do matters in his own way, and* while he professes the greatest friendship for Texas and I think is really sincere in his professions, yet his temperament is not, of that kind, suited to bold and decisive movements in matters, in which his Government is not individually concerned, or interested as a party, or in other Words I fear his sympathies have been tem- pered by a latitude too high for this emergency. A short time will prove the truth, or falsity of these suppositions, and ** bring to light Digitized by Google 166 AMERICAN HISTORICAL. ASSOCIATION. the things that are hidden''; *till then nothing is certain, except that all is uncertain. The pftinful intelhgence, of the recapture of our countrymen taken prisoners at Afier, has been confirmed, and that orders had been giyen to have them shot, but that throi^ the interference of the United States' and British Ministers the order was changed to a decimation, which it was hoped woidd be revoked. I await with great anxiety to hear the result. Intelligence has also reached here that Hon. W. E. Jones and Maverick had been released, and that Judge Hutchinson would likewise soon be liberated. I trust this may be true. The propositions of Santa Anna for peace ** have been published here, and various opinions expressed, how they ought to be received, or whether they will be considered by the Grovernment of Texas. Col Daingerfield has not yet embarked for Europe, having been detained by the severe indisposition of his mother and other causes. He seenots very anxious to enter upo> his mission, and wrote me yesterday that he thought he should be off soon. Your communi- cations to him addressed to my care were duly received and very satisfactory to the Colonel. I am looking for him here to day, when we doall visit the President, and some of the Diplomatic gentlemen. The Chevalier Gevers, the Dutch Charge d'Affairs, left here for New York a short time ago. He was very desirous to know if his Government had an agent of any character in Texas* I told him I tiiou^t not, but that I would ascertain and inform him. Knowing that Col Daingerfield would be here I concluded to reserve the inquiry for him, and he has informed me that he is of opinion tiiere is none, and I shall so inform the Chevalier. This gentleman and myself are on the most intimate terms — ^he seems to feel much inters est in the affairs of Texas, and says that such is the disposition of his Government towards us. He is also very intimate with Gen Almonte, and from him, when here, I coxild generally learn Almonte's vicws» The Prussian Minister, Baron Roenne, returned to Europe by the last packet. I think he left here very favorably impressed towards Texas, and her growing importance as a market for European manu- factures and products. The gentleman made me several personal visits which were duly returned — he also made many inquiries about Texas, which I took great pains to answer, and at the same time infonning him what articles of Prussian Manufacture would likely he reqniired in our markets. I have obtained the blanks from the Genl. Post OflBce which you desired me to send you, but I shall not forward them imtil I can have an opportunity of a private conveyance to New Orleans. The • Made through James W. Robinson, March 27, 1843. See Jones to Van Zandt, May 8, 1843. Digitized by VjOOQIC COKBESPONDITNCB WITH THE UNITED STATES. 167 package will be very large, and the postage would come to more than would be gamed by sending them right away — they probably contain more than a himdred different forms. I have also obtained a full copy of the census documents of the United States, including a statistical account of the commerce, man- ufactures, and products of each state, and much other information — they comprise four large volumes, one of which is two feet by eighteen inches and contains between four and five himdred pages. I will send them to you whenever an opportunity offers — they will prove a valuable acquisition to the library of your Department. I have concluded upon reflection that much good might result from a proper, and fair publication of facts in this coimtry, in relation to Texas, with a view to correct eroneous impressions existing here prejudicial to our interests, and to show the important advantages to be derived from annexation, and particularly the great benefits which the northern states would secure by such a treaty. I feel satisfied that it is not in keeping with the genius of the northern people to sacrifice their interest to their sympathy, &nd if they can be induced to believe that their pecuniary interest would be pro- moted by such a st^^ they would at once leap the barriers erected by the fanaticism of abolitionists, and become the advocates of the measure. I believe that this is a subject in which the northern peo- ple should feel as much interested, and more so, if possible, than the south. Many of the facts necessary to be stated, and the arguments used will apply with equal force to the pending treaty. I have been for sometime collecting facts in relation to this subject. My design is to publish, under an anonymous signature, the communications in some newspaper of general circulation, and in time to appear before the sitting of the next Congress. I shall first continue to collect all the facts in my power, before the first number is written. If you can send me the printed reports of the Secretary of the Treasury for 1841 and 1842 I shall be very glad, as from them I can probably learn something of our exports and imports, which I cannot obtain elsewhere. You will perhaps think this dispatch contains some things not likely to benefit you much, but I think it best to give you matters in detail as much as possible, especially, conversations with the Presi- dent and Secretary of State, from which you will be enabled to form your own conclusions, if they should differ from mine. In addition to this I am gratified to believe, that should I state any thing which is unnecessary, your better judgment will enable you to winnow the wheat from the chaff. With the hi^est sentiments of regard I have the honor to remain Your friend and Obt Servant IsAAO Van Zandt Digitized by Google 168 american historical association. Van Zandt to Jonbs.<» Robertson to Jones. *^ Ix>OMis TO Bliss/ Van Zandt to Jones .<* Dispatch! Legation of Texas No.lOO.j Washington City April gist, 184S Hon Anson Jones Secty oj StcUe Sir: I have just returned from a visit to the State Department, where I had an interview with Mr. Secretary Webster. I now sub- mit you the substance of conversation between us. Ml*. Webster inquired whether I knew what answer was, or would be given to the propositions of Santa Anna. I replied I did not, but was of opinion they would not be entertained for a moment. Or if entertained at all, it would be merely for the purpose of submitting a counter propo- sition for peace, upon terms of the acknowledgment of our inde- pendence. Mr. Webster then remarked, that, if we intended to maintain our nationality, we should at once reject such a proposition. He then asked me various questions in relation to my views and opinions of the probable result of the campaign and cruise against Yucatan; In answering which I, endeavored to impress him with the opinion that the Mexican fleet and forces would be compelled to retire, without accomplishing any important result. This is a matter which has been frequently discussed between Mr. Webster and myself; he has alwajs expressed the opinion that the favorable or unfavorable termination of that Campaign would determine the ability or ina- biUty of Mexico to re-invade Texas. At this stage of the conversation, I introduced the subject of my last communication to his Department in relation to our affairs with Mexico. I asked him if he had taken time to consider that communi- cation; he replied he had; I then asked him if he had formed any conclusion upon the matters and things embraced in it. His reply was in about these words, "Sir; your affairs assume so many different pJiases that it is impossible one day to tell what will be the appear- ance on the next. If your Government would take the advice of its friends, to remain at home, unite among yourselves, confine yoUr a April 19, 1843. See Calendar of Correepondence with the United States In Part T. » April 20, 1843. See Jones to Van Zandt, May 9, 1843. e April 20, 1843. See Van Zandt to Jones, August 16, 1844. *L.B. Digitized by Google CORBESPONDENCE WITH THE UNITED STATES. 169 soldiers to your own territory, and to the defence of your own soil, suppress insubordination, prevent marauding parties upon the frontier and consolidate your energies, then Sir, we might be able to do something effective/' I replied to this that such was the avowed policy of the administration at the head of affairs of my Grovemment, and to which it was disposed to adhere, and this I thought must be sufficiently demonstrated in my communication addressed to him. Mr. Webster replied, ''that Sir, perhaps is true, so far as the officers of Government are concerned, but what avails the disposition of Officers, who cannot execute their purposes, or what is a Government which cannot enforce its orders; it is the business of Government to govern its citizens, and, when it ceases to be able to do that, it argues that there is not much Government in force". I said in reply, to this, that I was of opinion from all I could learn from home, that there was an evident change in public feeling in this respect; that every thing seemed quiet. Any dissensions that might have existed, I thought had, or would soon disappear, and in future I hoped we should be united; that these were but momentary, and could not be of long duration. He then continued thus, ''So soon as we ascertain what disposition your Government shall make of Santa Anna's proposition, we shall then determine what course we will take, but, during the pendency of these questions, or a negotiation between Texas and Mexico, we should feel ourselves awkwardly situ- ated to attempt an interference. If those propositions are at once disposed of, and you continue to persevere in your avowed poUcy, we shall think it proper to make a communication to Mexico on the sub- ject, and say to her, Site must terminate the vxir ai once eitJier hy treaty or hy arms; and address a copy of the same to France and England." Tliese are the most important items of our conversation during the interview. They at once suspend matters here, until I hear from your department. Should I obtain the desired intelligence, Mr. Web- ster may take the step pointed out; but it is impossible to speak with certainty upon the subject. I have so often thought I was on the eve of accomplishing it when something would immediately inter- vene to prevent it, that I will not permit myself to calculate posi- tively on any event which is yet in the womb of futurity. The next news from Texas may present some new pTiasey in that case, all the ground is to be gone over again. You will learn from this conversation something of the state of feeling here in relation to our affairs. Mr. Webster in his remarks, but reiterates the general sentiment. I look with much anxiety to hear the course of om* people. Situ- ated as I am at such a distance, it is impossible for me always to know the true state of things at home, and to judge of the truth or false- hood of all I hear. If it be true, that there are some few individuals. Digitized by Google 170 AMBRKAN HISTOBICAL AS0OCIATION. of ambitious and licestioua views whom tha authorities are imable to ovex'-awe; and who eontiiuutlly sow the seeds ol discord amon; the people, and by such a course shcMild be enabled to poison their minds, and create factions, which cannot be suppressed, calamities of long duration most e^^mtually ensue. I feel eryeiy coofideaee that the people, if left to themseLyes, wiU do right An observanes of the lews, alone, can ascuie the lives, the property, thee liberty,, and character of diiaens — ^if these are scorned; what is ever to be respected ) Or where is* the hope ol the Republic % Col. Daingerfield came ovot to day fron Alexandria, and has returned back after staying^ a short time, be seems very anxious to get off to Europe — he i» detained by his indispensable private arrange- ments — ^he expects to leave by the packet of the 1st. of May. I have the honor to be with great respect and consideration Your friend and Obt. Servt. Isaac Van Zandt MrrCHELL TO POETEE.** JoicBs TO Eva. Depabtmbnt op State WaaJiingem [Texas] April S2d 1843 Snt I have the honor to acknowledge the receipt of your note of the 13th Inst informing me that yoo had been instrocted by your Government i» seek em eariy interview witix the Secretary of State of Texas etc, but that you were unable at the present time to viat Washington on account of indisposition and that you wished me to visit you at Gbdvesten, where we might have a. full and free oral interchange of opmionEi upon the subject embraced in your communication and of so mfuch consequence to the character and good standing of Texas. Regretting as^ I do most sincereiy your continued illness it affords me satisfaetion to be able to comply with your wishes in respect to visiting you at Galveston, for which place I will leave in the course of the ensuing week. I hope to be with you as eaiiy as the 5th proximo at fartherest, wlien I trust tahave the pleasure of a personal interview, and interchange of opinion with you. I have the honor t* be with the highest consideration Your very obt Svt (signed) Anson Jones Hon. J. Eve CharaS d' Affaires of (he U. 8. eU etc etc a April »l; ISIS. 89b BmjmonA to JixamtUky 12, 194», Digitized by Google gobbbsposfdbnce with the unitbd states. 171 Jones to Eve." [Acknowledging Eve's request for exequaturs for Morgan L. Smith, United States consul at Velasco, and Stewart Newell, United States consul at Sabine and such other ports as should be placed in his charge.] Jones to EVe.^ Etb to Joksb.'' Legation op the United States Galveston April 28tTi 184S The Honble. Anson Jones Secretary of State of the RepMic of Texas Sm I herewith transmit you a copy of a letter from Reubin M. Potter Esquire, Collector of customs at Velasco, To A. M. Green Esquire United States Consul at Galveston, in reply to one from Mr. Green reque[s]tiiig him to send iShe Register (ta this Consulate) of aUnited States vessel, which the Captain said he had deposited' with the col- lector at Velasco. Also a copy of a letter from Mr. Green to this Legation upon tiiis subject ; In order to avoid many difficulties which under any other rule are liable to arise between the United States Consuls m Texas, and the master? of United States vessels, and difficultres which will arise between the Masters and Crew, as* well, as to avoid an imdue advan- tage which it gives vessels over other vessels from the United States by indulging the Masters to hold at 1^ same time a coasting ficense and a United States Register. I therefore respectfully suggest the propriety,^ of iixstmctii^ the receivers of the Customs at the different Forts, not to* grant coasting license to tiie Masters of United States vessels unless they file with the Collector a certificate from the Consul for that district, that they have filed with Mm their United States register. Such I am informed has been the rule observed hy the receiver of the Ctistoms at this port With renewed assurances of mj" continued r^ard I am ytjur Obedient Servant Joseph Etb «Apill22,1843. h April 23, 1843. See CaleiDdar of ComspimdeDoe with the United States In Port I. e A. L. 8. Digitized by Google 172 AMERICAN HISTORICAL ASSOCIATION. (Copyj Custom House Port or Velasco lOih, of March 184S To A. M. Green Esqr U, S. Consvl Galveston Sir Your favour of the 10th of Febr. was duly received. I am of opinion that when a foreign vessels register is tempora[r]ily deposited with the collector of Customs of this Republic conformably with the act of January 4th 1841 the collector is not bound to transfer the deposite to a consul residing in another collectoral District Respectfully your Obt Sevt (Signed) Reubin M. Potter, Collector. (Copy.) Consulate of the U. S. op America Galveston Republic of Texas 17th March 1843 Sir I find that many vessels sailing under the American flag and having American papers have applied to the Collectors of the Customs in the several ports in the Republic of Texas, for coasting license and have received them. The masters of vessels should invariably make a deposite of his Register with the American Consul, and receive a certificate from him that such surrender has been made. Then and not till then should coasting license be granted to any American vessel by this Govern- ment. This rule which to me would seem right, has not been adhered to. I have found masters of American vessels in possession of two sets of papers, and as they preferred to retain their coasting license, I have deprived them of the Register. Finding American vessels with two sets of papers a coasting license and Register induced me to enquire how many and what vessels had applied for and obtained license to carry on the coasting trade, and the 10th. of February I addressed a letter to the collector of the Cus- toms for the port of Velasco, and requested him to send me the Reg- ister of an American vessel which the Captain said he had deposited with the collector at Velasco, and requested also the collector at Velasco to advise me of the names of the American vessels he had granted license to in order To carry on the coastiiig trade. I received for answer, a note under date the 10th. Inst, a copy of which I here- with enclose. Digitized by Google COBRESPONDENCB WITH THE UNITED STATES. 173 . You will see at once how improper it is to grant coasting license to American vessels; without keeping the American Consul advised of the fact, and as I have before said whilst the vessel is in possession of her register. The American Consul is the proper person to have in possession the Registers of all vessels sailing under the American flag and not the collector. If I thought proper I could appoint an agent at Velasco, and cer- tainly if I have the right or authority to appoint an agent to receive the papers of American vessels I have the right to demand them of the collector. I am Sir, Most Respectfully Your Obt. Servt. (signed) A. M. Green The Honbl. J. Eve Charge d^ Affaires of the U. 8, to Texas. Petition op Bourland.** Benton to Jones.* Eve to Jones.*' • [Jones's two letters of April 22, and his letter of April 23 have been received.] Van Zandt to Jones.** Dispatch No. 101 Legation of Texas Washington City May Srd, I84S Hon Anson Jones Sedy of State. Sib: Since my last dispatch nothing of importance has taken place in our affairs here. Mr Webster still continues in the State Department but will undoubtedly retire in a short time. It seems that all former conjectures as to his successor have proved false a Undated. Probably written about May 1, 1843. See Jones to Van Zandt, June 1, 1848. b May 1, 1843. See Jones to Van Zandt, June 1, 1843. « A. L. S., May 3, 1843. 4L.S. Digitized by Google 174 AMEBICAK HIBTOmCAL AS80CIATI0V. and it k now undenieod by mil tiiat Mr. Legope tlie present Atty Oenl. is to be appointed, though it is afao understood that the same will be only temporay . The President will leave in a few days for Virginia. Ifr. Upshur for the «ame quarter and Mr. Webster to Boston aod sot having heard any thing from yim whioh wovkl t i w wF iiai me, I have oonehided the present a favorable time to go after my family and shall accord- ingly start tomorrow miwuing. I shall netum so -soon as I can obtain means to bring me back. I had hoped to be Able to hear something from you upon this subject, but not having done ao I have thought no injury would result to the country by the step. I therefore hope the same may meet your approbation. Mr. Raymond will remain here, and will advise me of any comxoands from your Department, which shall be immediately attended to. His promptness in dis- charging his duties has caused me to take this step with less reluc- tance. Col Daingerfield is in Baltimore, He writes me to day that he will probably sail about the 15th. Inst The last dates reo^ved from your Department are of 16th. February. I have the honor to be with high regard your friend and Obit. Servt Isaac Van Zandt. BOUBLAND TO SECRETARY OP TREASURY OF TeXAS [ShAW].« Houston to Eve.* Executive Department, Washington [Terns], May 6th. 1843. To Hon. Joseph Eve, Etc., etc., etc. My dear Sir: — In the absence of the Secretary of State, by way of a familiar epistle, I design to communicate some official intelli- gence which is due to the government of the United States as well as to that of Texas. The ink is scarcely dry upon the assvrance thai no aggressive a,clion wovJd take place on the part of this government against Mexico, beyond our avowed limits, unless it should he rendered necessary by the ocfo of Mexico towards Texas. In despite of this assurance our navy has gone to sea. In doing so, I can only say that the conmiander has committed the most flagrant outrage pos^le upon liis country and the law of nations. That you may assure your government tiiat it has not been per- petrated with or by my connivance^ I take {deasure in forwarding aHay4, 1843. dee Calendar of CorrespondoDoe with the United Ststm te Put I, » Bee Kepordf of Departmant of State (Texas), Book ¥^ pp. 341^347. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 175 to you a proclamation and order ;^ and that you may have it in your power to ntske such wpreaoiitation to the gov e mm ent of the United States as will yindicate tiie bead of this nation from the impu- tation of insinoeiity and duplidi^« The crime is one of great atrocity, mad I havie availed myself of the first moment to apply the only concctiFe in my power. All that has been done by Ooaamodoie Moone sinoe ibe Btii. ultimo, has been in riolaticm of orders, under Buq)eiiflion and aisest. You can now judge ai matters. On the 5th. of April, the onlar of &e Department of War and Marine ^ was placed in his hands, flkioe which time he has ordered a court marda!, approved the proceedings and ^exeeuted the sentence. By the copy of a letter of inBtnictioas,'' also, forwarded, whidi I delivered to one of the commimcaiers with orders to proceed immediately. to its execution, you will find a dear anticipation of the course which would be atteoafrtbed by Commodore Moore, and the precaution taken to preveBt evil. Such measures as you may be authorised to adopt for the pres- ent, apart from conununicating the facts to your goyemment, I trust will be adopted. I am very truly your friend, FoBTBB TO Webster.^ Jones to Van Zandt. (Copy) Department op State Galveston May 8fh 1S43 Hon. Isaac Van Zandt OhargS d^ Affaires of Texas etc Sm, On my arrival at this place the day before yesterday I received your official Dispatches of the 19th and 2l8t Ultimo. * * * « If your request for leave of absence to visit your family is granted, you will be governed in the time of your leaving Washington by your own judgment^ and with a view to make the visit at such a period as will give the least detriment to the public interests and it is hoped that your absence may not exceed six weeks or two months « March 23, 1843. See The MonUng Star, May 11, 1848, and The ReirLmider, June 34, 1843. h HamUton to Moore, March 21, 1843. See TU Red-Londer, June 34, 1843. c Houston to Morgan imd Bryan, March 23, 1843. a&bTh£ Mamki^Sim,Jmmbn,MDdTk€B«i'Lanier, June24 1843. 4 May 6, 1843. See Calendar of Correspondence with the United States in Part I. • Here is omitted a paragraph relating to Van Zandt's salary. Digitized by Google 176 AMERICAN HISTORICAL ASSOCIATION. Should the contemplated change take place m the State Department anfl a new Secretary of State of the U States be appomted it would probably be well for you to remain at your post untill such time as you could, have a full understanding with him concerning the affairs of Texas. During the months of July and August, the officers of Govt, of the United States are generally absent, from Washington, and but little public business can be transacted there. If you could embrace this period conveniently for your visit home, there could be no objection to your doing so, and remaining untill those officers returned, and the pubUc business should be resumed. I enclose you herewith, a copy of the translation of a document, furnished to James W. Robinson (one of the Bexar prisoners) by the President of Mexico Gen. Antonio Lopez de Santa Anna. This embraces the propositions which Mr. Robinson was authorized by that functionary on behalf of the Mexican Government to make to the people of Texas, and instructions in relation to the same^ No propositions of any character have been submitted by Mexico to this Government, nor was Mr. Robinson charged with any com- munication to it. The propositions of Gen. Santa Anna, have been published by Mr. Robinson through the medium of the public papers, and have every where been met by the people to whom they were addressed with indignation and contempt, and rejected by one unanimous response from the whole country. You will at once perceive the absurd attitude in which Gen Santa Anna has placed himself by this injudicious and ridiculous attempt to create dissention and divi- sion among the people of Texas, or his ignorance of their character intelligence views and feelings in entertaining the expectation that they would accede to the proposed terms. Mexico must restore us our murdered thousands before we can ever entertain the proposition of being re-incorporated with that Government. I have the honor to be with the greatest respect Your Obt Svt Signed Anson Jones P. S. Com. Moore sailed from the Balize on the 19th Ulto. and it is supposed has gone to Yucatan. This act is not only without the authority of this Govt, but ia in express violation of its orders fre- quently repeated ^ A.J. " See N lies' Register, l.XIV, 97; The Morning Star, April 1, 1843; The Red-Lander, Aprtl 15, 1843. b To this and other charges of a similar kind, Moore replied at length in his pamphlet, '*To the People of Texas." Digitized by Google correspondence with the united states. 177 Eve to Webster.** Jones to Van Zandt. Department of State Galveston May 9th 1843 Hon Isaao Van Zandt Chargi d^ Affaires of Texas Sir Elnelosed herewith I send you a copy of a commuzdcation receired at this Department from Doct. Joseph W. Robinson a citizen of Travis County, relative to the negro boys captured by hostile Indians in 1840. Dr. Robinson also states that a correspondence has been had by a former representative of thb Oovemment and the Grovemment of the United States on this subject, but as the Archives of this Department are still detained by the citizens of Austin* I am unable to, know the nature of that corres{>ondence or the present situation of the business. If such a correspondence has been had it will be found on the files of the Legation at Washington, which you will please refer to, and take such steps in the matter as will bring the same to a conclusion, and that Dr. R. may either have his negroes restored to him (if the cir- cumstances should be foimd as stated,) or be compensated for their capture, and loss I have the honor to be With the highest respect Your Obt Svt Signed Anson Jones (Copy.c) Washington [Texas] Aynl 20th, 184S Hon Anson Jones Dear Sir In February 1839 a desc[e]nt was made by a party of Indians upon my plantation on the Colerado River and among other thing[s] carried off two negro boys one of them about thirteen or fourteen years old named Manuel the other nine or ten named Aaron and in the fall of 1840 1 was told by a Delaware Indian of the name of Frank who is well known from the circumstance of his having a red aMajrS^l^^ SMCalBBdac of COTiMpOBdMMB with the United States In Ptft I. ft Soon after the capture of San Antonio by Vasquez^ March 5, 1842, President Houston moved with his cabinet to the city of Houston, and made that the headquarters of the government for the next three years. The people of Austfai, however, would not surrender the archives. An abortive eflori to carry tl^ away by force resulted In what Is known as the "Archive War." See Bancroft, North Mexican 3tatt$ and Texas, U, pp. 363-33d. «See ffle relating to Indian Affairs in the State Library. 39728"— VOL 2, pt 1—11 12 Digitized by Google 178 AMERICAN HISTORICAL ASSOCIATION. head thai said boys were in the possession of a Mr Edwards a white man who lived in the Cheroke nation on the Canadian River and had a Creek Indian for a wife, upon the receipt of the above information I went directly to where Edwards was living and found the boys one of them at Edwards and the other at Chisholms who is a Cherokee and the soninlaw of Edwards neither Edwards or Chisholm were mt home at the time and I was deterred from letting my business be known from the circumstance of having been cautioned particularly to not let it be known that I was a Texian and there was at that time a party of the Cherokees that had been Driven from Texas encampd in one mile of Edwards and directly on the road that I had to travel. When I arivd at home I made known to the Hon Secretary of State the whole matter as it then stood and he informed me afterwards that there had been a demand made of the U. S. A. Govt, for the negroes. Since that time I have not heard any thing of the matter except that the negroes are still in Edwards possession. Sir you will please to give me such information as may at any time come to your knowledge so that I can take such steps as is necessary on my part to recover the property Yours respectfully Joseph W. Robertson IiEOARi: to Van Zandt.** Porter to Legar^.'' Raymond to Jones.*' Washington Cmr May 12ik. I84S Hon Anson Jones Secty of State Dear Sir A communication from the Department of State, here, has been reed, since Mr. Van Zandt's departure, and I deem it of sufficient importance to forward a copy to your Department, without waiting to hear from Mr. Van Zandt, to whom I also send a copy. I also enclose a slip, from the National Intelligencer of the 29th. iilt, bearing upon the subject embraced in the communication above referred to. Mr. Webster withdrew from the Department of State on the 8th. inst, and Mr. Legare Atty Genl. has been charged with its direction ad interim. aMaylO, 1843. See Raymond to Jones, May 12, 1843. »Mayll,1843. See Van Zaodt to Joses, August 15, 1843. eA. L.S. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 179 The President and Secretary of Navy are now in Virginia, and are expected to be absent two or three weeks. I consider it aknost certain that Mr. Upshur will receive the appoint- ment of Secretary of State, so soon as he completes some matters connected with the Navy, with which he has been charged. Mr. Gushing has been appointed Commissioner to China^ and Fletcher Webster Secretary of the Mission. I expect to hear from Mr. Van Zandt in about ten days. His last Dispatch to your Department was dated the 3rd. inst. With the highest sentiments of regard I have the honor to be Very respectfully Your friend and Obedt. Sevt Chas. H. Raymond P. S. To save postage I give a copy of the slip alluded to [Inclosed are copies of the following:** Legar6 to Van Zandt, May 10, 1843; and Mitchell to Porter, April 21, 1843.] Jones to Eve. Dept op State Washington [Texas] May 16th I84S The Undersigned Secretary of State of the Republic of Texas having laid before his Excellency the President the communication from Mr. Joseph Eve Charg6 d' Affaires of the United States, of the 13th Ultimo requesting on the part of the United States that Texas will abstain from carrying on the war against Mexico (Should it continue) by predatory incursions whether with a view to retaliation or other- wise, has now the honor by the instructions of the President to assure Mr. Eve that no orders have been or will be issued by him authorizing any predatory incursions into the territory, of Mexico and that Texas will continue to abstain from any such mode of warfare, and that in the further prosecution of the contest she will carry it on, according to the rules recognized by all civilized nations in modem times; imless provoked to a contrary course by a continuance of unwarrant- able acts of aggression, inhumanity robbery and perfidy and murder on the part of Mexico herself. In the personal interviews with Mr. Eve which the undersigned had the honor of holding at Galveston recently in relation to this subject, this assurance was given Mr Eve verbally; and the Under- signed is happy in stating to Mr Eve that the President has been much gratified in rec[e]iving the information then given the Under- signed that his Excellency's condutit and policy in the prosecution of the contest with Mexico and in the mode of warfare adopted by a See Calendar of Correspondenoe witb the United States; Port I. Digitized by Google 180 AMERICAN HISTORICAL ASSOCIATION. him, were well understood by Mr Eve and that they had obtained his entire sanction and approval. The Attitude towards Texas and Mexico now assumed by the Gov- ernment ol the United States as the leading power upon the continent of America, and the Conservator of those high principles of civiliza- tion and humanity regulating the mode of modem warfare, as acknowledged by all Christian States in the pres^it age, being in accordance with the declared views and wishes of this government, the Undersigned is further instructed to assure Mr. Eve that the President of Texas will endeavor by every means in his power to promote and render effectual the great end and ob^ct which the United States propose to themselves in taking this attitude The Undersigned avails himself with much pleasure of the present occasion to renew to Mr. Eve the assurance of the great respect and esteem with which he has the honor to remain His most obt and very humble Servant Signed Anson Jones Hon. Joseph Eve Charge W Affaires of the U, States etc etc etc Jones to Eve. Dept. op State, Washington [Texas], May nth, I84S, The undersigned. Secretary of State of the Republic of Texas, has the honor to acknowledge the receipt of the note addressed to him by Mr. Eve, on the 28th. ult. in relation to the subject of coasting licences. Although the adoption of the suggestion of Mr. Eve, in regard to this matter, might, perhaps, be productive of much general con- venience and benefit, the undersigned nevertheless conceives that the instruction to the receivers of customs, asked for, can not be given, as it would not be in accordance with the provisions of the fifth section of an act of the Congress, entitled "An Act for the regu- lation of the Coasting Trade and the protection of Texian Shipping", approved January 4th. 1841.** The imdersigned avails himself of this occasion to renew to Mr. Eve the assurances of his distinguished consideration. (Signed) AxsoN Jones To Hon. Joseph Eve, OhargS d' Affaires of the United Staies, etc. etc. etc, Galveston. •Qammsl, Law$ cf Tnu, 11, 479. Digitized by Google COBBESPONDENCE WITH THE UNITED STATES. 181 Ckawpord TO Porter." Porter to Leqare.*' Jones to Van Zandt. Depabtmbnt op State, IWashington, Texas,] June Ut ISJfi Hon. Isaac Van Zanxtt Ch^vrgi d* Affaires of Terns Sir The enclosed documents marked from A to [Fl will give you all the information in the possession of this Department concerning certain outrages recently committed npon the authorities and citizens of this country by officers and citizens of the United States. You wiH cause information of the same to be laid before the Gov- ernment of the United States at your earliest possible convenience, with a respectful but ui*gent request for such prompt redress as the circumstances of the cases require. I have the honor to be, with high consideration, Your very obedient servant, (signed) Anson Jones. (The documeiiis accompanying this communication were copies of the following, viz.*' 1. A letter from Dist Atty. 7th Jud. Dist. redting the manner in which the goods etc. were taken from the collector. ' ' A.'' 2. The petition in thfO action commenced by the collector in the Dist. Court of Red River, with the order of the Judge thereupon. ' ' B. ' ' This oontaiDs a description of the goods etc. 3. Letter from Secretary of the Treasury, enclofiing certain docu- ments relating to the subject. ''C."^ 4. Letter from collector to Sec'y Treasury — reciting the History of the transaction. D ^ 5. Letter to collector &om Acting Sec'y of the Treiisury ' *E." / 6. Letter from acting Secretary of Treasury to certain traders. • May 26, 1843. See Van S^andt to Jones. June 29. l^O. » May 37» 1843. Sea Via Zaadt to Jones, Jane »« 1B4S. t Wliat follows in jMoenthesis is an explanatory statement appended to the copy of tke letter. tf TlilB letter has not "been found. < See Calendar onder title of Bourland to Secretary of Treasury of Texas {Shaw] , May 4, 1843. / See Calendar under title of Shaw to Bourland, April 17, 1843. ^Sec Calendar under title of Bourland to Doak & Tims and others, April 17, 1843. Digitized by Google 182 AMEBIC AN HISTORICAL ASSOCIATION. [The communication from the district attorney inclosed with the original Department of State letter to Van Zandt is as follows:] ** Clarksville, Texas, May 1st, I84S. To Hon. Anson Jones, Secretary of State. Sir, The enclosed Petition will give all the information in my possession concerning the seizure of certain Goods etc. imported to,* and stored within the limits of this Republic. It becomes my duty to report to your Department the manner in which said Goods, were taken from the possession of James Bourland, the Collector of Customs for this District. Captn. Joseph Scott, the master of the Steamer Fort Towson mentioned in the petition, after learning of the seizure, and before the issuing of the monition by the Clerk as required by law, proceeded to the landing at which said goods were stored, and then in possession of the Collector, and together with the crew of his own vessel, and that of the Steamer Hunter, consist- ing of about thirty men in all, after seizing the Collector, forcibly took the goods out of his possession, and reshipping them on board of his vessel, immediately conveyed them off. This flagrant violation of the requirements of good neighborhood, and infraction of our rights as a nation, by a citizen of another Government, (the United States) was accompanied by the grossest indignities to the person of the Col- lector Mr. Bourland, who was seized by this lawless band of ruflBans and intruders, forcibly thrown down, and tied hand and foot, and compelled to remain in that degrading situation, until they completed their robbery. I have conceived it my duty to furnish you with this statement of the facts, to enable you to take such steps as may be necessary to obtain redress for this; and prevent the recurrence of similar out- rages; by teaching the aggressors what fearful risks they run, by an interference with the rights of nations. Something should be done by our Government, to remedy the frequent violations of the rights of both our Citizens, and Government. The citizens, and I am sorry to add, too frequently the Officers of the United States, forgetful of the principles of justice, and all regard for treaty stipulations, trample upon those rights, reckless of the consequences that may ensue from embroiling the two Countries; careful alone of their own personal safety, and arrogantly insulting, from the hope, that they will be shielded by their own Government. In October last, a Col. Loomis, the Commandant of the garrison at Fort Towson, without justification or provocation, ordered the a See Records of Department of State (Texas), Book 45, p. 84. Digitized by Google COREESPONDENCE WITH THE UNITED STATES. 183 destruction of a number of Barrells of Whiskey, the property of Capt. Travis G. Wright, (a highly respectable and worthy citizen of tiiis RepubUc). The Whiskey was on board a keel boat, upon which it had been freighted, and which said boat was discharging freight for the Garrison, at Fort Towson, previous to proceeding to Captain Wrights landing, which order was executed. The proofs, I am happy to learn are being prepared to be sent to your Department. Whilst every exertion is being used to enforce the treaty stipula- tions governing the intercourse of the two countries, by the authori- ties of this, I can hear of none being made to check their infraction on the part of the United States, or any notice taken of the conduct of offenders; If that Government were notified of this state of affairs, they would certainly remedy it. I have the honor to be, Your Obedient Servt. Jessb Benton Jr. DisL Attorney 7th. Judl DisL [The petition of Bourland, also enclosed in the original letter to Van Zandt, is as follows : ^] rTL, T> m« r To the Honorable John T. Mills, Judge The Republic op Texas - . , a xu t j • i ri- * • x t> n A j-Ty J Ty- \ 01 the Seventh Judicial District, Pre- CourUy of Eed Bwer -j- • t j t:^ -^ ^ -^ L sidmg m Law and Eqmty. The Petition of James Bourland, Collector of the Customs, in and for Red River District, for the Republic of Texas, aforesaid, by Jesse Benton Jr. Dis. Attorney, would respectfully show and represent imto your Honor; that on or about the fifteenth day of March in the year of Our Lord One thousand eight hundred and forty three; cer- tain Goods, Wares, and Merchandise, from a foreign port, and from foreign ports, and on a foreign vessel or Steam Boat, called and known by the name of the Fort Towson, were imported to and within the limits, and boimds of the CoUectoral District, aforesaid, in the Repub- Uc of Texas aforesaid; And that the said Goods, Wares, and Merchan- dise, hereinafter described and set forth: so imported and introduced from a Foreign Port as aforesaid, by and on and upon a foreign vessel or Steam Boat called the Fort Towson; were then and there landed, imported, and introduced, into the said RepubUc of Texas, at a certain landing, port, or place called Rowland; and usuaUy known and caUed by the name of Brierly's ^ Landing, the same being in Red River County, and the RepubUc of Texas, aforesaid; and proceeded to land, a Bee Records of Department of State (Texas), Book 45, pp. 86-89. b The correct spelling is Bryarly. Digitized by Google 184 AMEBICAN HISTORICAL ASSOCIATION. deposit, and store the said Goods, Wares, and Merchandise as above mentioned; without then and there, and in the necessary and duo time required by the Laws of the Republic of Texas; and the Laws regulating the Revenue, and for the collection of the impost duties, for the same; making a written report, and entry of the said Goods, Wares, and Merchandise, to the said Collector of the Customs, for the said District, or his legally authorized Officer, in accordance to law; and without making a report to him, of the same; and did fail to make a proper manifest in writing, containing and presenting the marks, numbers, contents, and packages and of all the different packages, or parcels of Goods, Wares, and Merchandise; so imported, introduced, and landed by the said Steam Boat called the Fort Tow- son; and the place where the said Goods, Wares, and Merchandise, were taken on board, and shipped at; together with the name and description of said Boat, her burthen and tonnage etc; together with the name, of the Consignees of all the same, to the Collector of the Customs in and for said District, and the Republic aforesaid; within the time required by the laws of Congress, regulating the collection of the Revenue by Impost Duties, and entitled an Act, ** Altering the several Acts to raise a Public Revenue by Lnpost Duties," which recites; that **all duties accruing to the Republic imder this Act, and which may be levied and assessed on Goods, Wares, and Merchandise, imported into the territory of the Republic, shall be paid to the Col- lector of the port, district, or station, in cash, at the time of such importation, on proper, and lawful entry thereof being made, to the Collector, or proper Officer of the Customs, which cash payment must be made in Gold or Silver, or in the Exchequer Bills of this Govern- ment; and it shall not be lawful, for the Officer, or Collector of the Customs, to deliver or permit the delivery of any goods, wares, or merchandise, to any Consignee, Agent, or proprietor, thereof, except in the manner herein provided, unless the amoimt of Duties accruing thereon shall first have been paid to the Collector, or proper Officer of the Customs, appointed by such Collector to receive the same." And your petitioner, would further respectfully represent unto your Honor, that the said Goods, Wares, and merchandise, as heretofore stated, having been so imported, landed, and introduced from a foreign port or ports, by the Steam Boat Fort Towson, as aforesaid ; and landed and deposited within the limits and territory of the said RepubUc of Texas, without a proper entry thereof being made, in the time and manner required by law; and the duties on the same, in accordance to the law in such cases made and provided ; not having been paid, as aforesaid ; And your petitioner having reason to suspect, that the same, and aforesaid mentioned goods, wares, and merchan- dise were subject to duty; and that the same were concealed, and Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 185 deposited in a store house, in the territory and limits of said Republic; he proceeded by a warrant granted by and from a proper Officer, and proceeded to search for the same, on or about the twenty-sixth day of March A. D. 1843; when the following goods, wares, and merchan- dise, packages, and parcels, all being subject to duty, were found deposited and stored, at the above named place or town called Row- land, also usually known and called Brierly's Landing, on Red River, the same being in Red River County, and within the limits and the Territory of the Republic of Texas, which were then and there seized by him, in accordance to the Law: Viz [Here follows the invoice.**] Alt of which parcels, and packages of goods, wares, and merchan- dise, as ^bove named and described, were seized and secured in accordance to Law. And your Petitioner would fiuUier represent unto your Honor, that conceiving the above mentioned goods to be forfeited, imder the Law in this case made and provided; inasmuch as the Duties, upon the same were not paid to the Custom House Officer, for said District; nor entered with the proper officer as required by Law; your petitioner, would therefore respectfully request of your Honor, that you do issue a decree, ordering the said Goods, wares, and Merchandise, as aforesaid to be libelled, and prose- cuted in the proper Court, having cognizance of the same; and that the owners of said vessel on Steam Boat, and claimants of said goods, wares, and merdiandise, whoever they may be, to be cited to appear before your Honors Court, and respond and answer to the same; as by law they are required to do ; And that Judgment be then and there rendered in the same etc.; and your Petitioner as in duty bound will ever pray etc. Jamss Boubland, Collector by Jesse Benton Jr. Dis. AU'y 7th. Judl Dist. Van Zandt to Legab£.'> Leqar6 to Van Zandt. <^ Memorial of Cooper,** « See U. 8. Pub. Docs., 449, Doc. 1, p. 94; Und., 463, Doe. 2, p. 94. 6 June 1 , 1843. See Van Zaodt to Jones, June 5, 1843. e June 1 , 1843. See Van Zandt to Jones, June 29, 1843. d Undated. See Van Zandt to Jones, June 5, 1843. Digitized by Google 186 AMEBICAN HISTORICAL ASSOCIATtON. Van TtAnnyr to Jones.* Despatch No 101 * Salem Tenn 5th June I84S Hon Anson Jones Secretary of State etc, etc, etc. Sm I have the Honor to enclose you a copy of the letter of Mr Legare Secretary of State of the United States ad interim and a copy of the letter of D D Mitchell Supt. In<^ Affairs at St Louis which accom- panied the letter of Mr Legare both of which treat in relatfon to an assemblage of armed persons on the Western borders of the United States who it is alledged are acting under and by authority of com- missions issued by the Government of Texas lo Col Warfield and others. Having no information from your department in relation to this subject you will perceive from my note in reply to Mr Legare that I have not commited my Grovt in any manner in relation to the same A copy of my note to Mr Legare dated June 1st is here- with submited for your information. I hope I shall be favored with a reply and the instructions of your department concerning the same at the earliest day possible. I enclose you a copy of the petition of Joseph Cooper Gun maker of the City of New York in which he states Genl Hunt is indebted to him a large sum for arms etc. which he prays may be paid by the Texian Government I wrote Mr Cooper in reply in which I expressed the opinion that the contract from his own showing as well as other circumstances known to me was a private one and would not likely be met by the Govt but that the same would be submited by me to your department for its information. I deem it unnecessary to add any thing further in relation to the petition as its showing is suffi- ciently explicit :|c * * * * * * d I remain with great Consideration your very Obt servant Isaac Van Zandt (private) I have said the letter of Mr Legare and that of D D Mitchell are enclosed. I did not think it necessary to send a duplicate copy as aA.L.S. b Properly 1Q2. • Van Zandt to Jones, May 3, 1843, had been nombered 101. c Indian. d The matter omitted here relates to Van Zandt's salary. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 187 Mr Raymond sent a copy direct from Washington which you will please consider a portion of this dispatch. (I mean the copies of the letters alluded to.**) [Inclosed is a copy of Van Zandt to Legar^; June 1, 1843.^] To his Excellency, the Minister of Texas at Washington etc etc The memorial of Joseph Cooper of the City of New York, Gun Maker Respectfully showeth That in the year one thousand eight hundred and thirty six, your memorialist Joseph Cooper was applied to by General Memucan Hunt to furnish fire arms, swords and ammunition to be used by the Texian Army, and trusting in the honor and state- ments of the said Genl. Memucan Hunt your memorialist was induced to agree to furnish the same and General Hunt handed your memo- rialist several promissory notes — the payment whereof were also guaranteed in ¥rriting by the Honorable J Pinckney Henderson, his guarantee being in the following words: *'Know all men by these presents that whereas one hundred and sixty promissory notes are this day made by Major General Memucan Himt of the Texian army of five himdred and eighty dollars each, payable at the Bank of America in the City of New York to the order of H. S. Foote, due two years after date, Now I J. Pinckney Henderson being jointly interested with said Hunt in raising of the money designed to be raised upon said notes for the benefit of the cause of Texas, do hereby in consideration of the same, guarantee the faithful payment of the same, assuming aU responsibility in relation to the liquidation of said notes anterior to aU the endorsers who may successively endorse the same: and do hereby absolutely pledge my estate both real and personal in behalf of said liquidation, so as to secure the punctual payment of all of said notes, and thereby entirely liberate all endorsers whatever from all responsibility and shield them effectually against all pecuniary detriment, each of which promissory notes are of the same tenor and date, and amount in the aggregate to the sum — ^ninety two thousand dollars. Witness my hand this twenty ninth day of September, in the year of our Lord one thousand eight hundred and thirty six. J. Pinckney Hendebson'' a For these letters, see Raymond to Jones, May 12, 1843. b See Calendar of Correspondence with the United States, Part I Digitized by Google 188 AMERICAN HISTORICAI, A8SOCIATTON. And your memorialist shows that he furnished to General Himt as far as it was possible at the time snch fire arms, swords and ammu- nition as follows: H. 1.3. 3 casee containing 50 United Statee Carbines a |25 $1250. 12 moulds for ball and buck shot $1.50 18. 50 M large Percuasion cape $1 50. 3 boxed 6 4.5 2 casee containing 50 beet cavalry ewordfl $6 300 2 boxes and Cartage 3 6.10. 5 cases muskets containing 100 United States muskets and bayonets (ft $6 eOO. 5 casiB and cartage 7 $2234. And your memorialist shows that though he holds nineteen of the one himdred and sixty promissory notes mentioned in the guarantee of J Pinckney Henderson, yet be has no right over the same, except to the extent of the above balance of Two thousand and two hundred and thirty four dollars, and he is willing to give up all the notes if he can be paid what is justly due to him. Your memorialist was obliged on account of General Himt not pay- ing the account or any of the notes to sue General Hunt in New Orleans, whose bail, however, took advantage of an act then lately passed ; and your memorialist instead of securing any part of his debt has to pay his lawyers a large amount for fees. Although he has made urgent request of General Htmt to pay or cause the said amoimt due to him to be paid, and though application has been made to the surety General Henderson, yet the debt has been in no way paid, although your memorialist has been greatly distressed for the want of money ; that he is now over sixty jrears of age; and will not be able to pay his honest debts unless the above account be paid to him. And your memorialist shows that inasmuch as the said fire arms, swords and ammunition were ordered for and used by the Texan Government, therefore it is respectfully urged and asked that the Texas Government should through your Excellency, cause or take such measures that the said account may be paid. Your Memorialist prays accordingly that your Excellency will take such measures as will secure to your memorialist and his family the said amount of Two thousand Two himdred and thirty four Dollars. (signed) Joseph Cooper (Copy) Digitized by Google COBRESPONDENCB WITH THE UNITED STATES. 189 «k>N£8 TO Van Zandt.* Department of State Washington [TVa^cw], June 8th, 1843. Hon. I. Van Zandt Charge d^ Affaires Sir, I have the honor to acknowledge the receipt of Mr. Raymond's letter to this Department, under date of the 12th Ulto. with the accompanying documents, in relation to certain acts of Col. Warfield. Enclosed I send you a copy of the instructions given to Col^ War- field by the Secretary of War and Marine in August last,^ siiskce which time the Ck>vemment Qi Texas, has hftd no communication with tJ^at GentlMnan. Indeed \mtill very recently it had supposed that Um proposed expedition of Col. Warfield had beeA long since abaadooed. When ho received his eommissioQ and these instructioiui, the Grovem* ment was led to believe that he would act immediat^y, and the object of giving him his powers was to make a diversion through Ms agency, so as to favor the expeditiooi which [it} wae anticipated would cross the Rio Grande in the fall, and after ooeupying Santa F4 (which is in our declared limits) to fall down and form a junfitioik with the leader of that expedition. From his not having acted at the con- templated period, therefore, the presumptioa was that he had abandoned his expedition. Yon will pereieve that the instructions to Col. Warfield in no respect autiiorize his enlisting men and oi'gmuing an expedition within the limits of the United States, and thi» government disclaims giving its sancticm to any act ol Col. Warfield, which should violate the rights or hazard the neutral obUgatkms of the United Stsjte». The enclosed letteor from the Department of War and Marine you will forward to Mr. Warfield whenever you can ascertain his locality. Upon his receipt of the same it will opiate as a notification to him that all powers heretofore granted him by this Goverameat hav^ been revoked.* On receipt of this dispatdn^ you will address the Department of State of the United States, grnng the explanations authorized above and communicating tiia fact tbiat the letter revoking tha powero granted to Mr. Warfldd has been sect him. I have the honeor to be * with the h^hest respect YowrMo.Obt.Svt. @ig])«d) Anson Jones a Angust 16, 1842. See Calendar of Corrospondenoe with the United States, Fart I. »Nb copy of this letterl^iM been (taBd. Digitized by Google 190 AMERICAN HISTORICAL ASSOCIATION. Eve to President of Texas [Houston.] *» Eve to Jones.'' [Transmitting Eve's letter of recall and his address to President Houston, June 10, 1843. The address follows:] Galveston June 10th. I84S Mr. President, I am instructed by the Secretary of State of the United States, in taking leave of your Government to avail myself of the occasion, to express to you assurances of the continued good will of the President of the United States towards the Republic of Texas — ^And his desire to preserve and improve the relations of harmony, so happily sub- sisting between the two countries, which I pray God may continue to exist. Were I to stop here Mr. President without expressing my gratitude for your kindness, and that of the people of Texas to me, I should do injustice to my own feelings. The courtious, and uncere- monious manner with which you, and each member of your Cabinet have received me in public, as well as our private intercourse, calls from me most sincerely the expression of my thanks. And whereever my future destiny may place me, the Government and people of Texas, will have my warmest wishes, for the success of their just cause, their prosperity, and happiness. I will further say Sir that I trust, and hope the day is not distant, if Mexico shall not yield to the remonstances of friendly foreign powers, and acknowledge the independence of Texas, that my Government being the oldest on this continent, will pursue the example of the leading European powers on that continent, and say to Mexico, the war you are waging is hopeless, you are conducting it in an nnchristian manner, and not according to the usages of international law, with Christian people, that it is an useless waste of human life, and is daily producing indi- vidual suffering, that it interrupts and harrasses the commercial relations of every coimtry, and more especially that of the U. States. Therefore you must cease your hostile operations. It is now more than seven years since the declaration of your inde- pendence, which I consider to have teen perfected on the glorious and memorable field of San Jacinto, where you sir in the van of your gallant comrades, acquired a fame that time cannot take from you. The mercy and humanity displayed on that occasion to a foe that had never shown either, adds a glorioxis lustre to the victory of that day. The hitherto victorious Santa Anna, whose hands were imbrued with a A. In, June 10, 1S43. See Eve to Jones of the same date. ^ A. L. S., June 10, 1843. Digitized by Google COEBESPONDENCE WITH THE UNITED STATES. 191 the blood of your countrymen, who had perfidously violated the terms of capitulation entered into by the lamented Fannin, who in viola- tion of the laws of justice, humanity, and of Gpd, caused him and his gallant companions to be slain in cold blood. He had justly for- feited his life, yet History will record that you spared this monster of blood, when in your power, and that this great victory, was not stained by a single act of violence or of bloodshed. This act alone should entitle you to the admiration of posterity. You have Mr. President a beautiful and most desirable country, your climate is fine, the soil equal to any, and rewards the husband- man with a boimtious plenty, your vast prairies with its perpetual verdure affords inexhaustable grazing for the herdsman. You have fine navigable streams. With all these advantages a few years peace, with a wise, economical and energetic administration of the affairs and the laws of the country, will make Texas, '^rich, happy, and Free'' Altho, Texas has for some time labored imder every disadvantage, produced from causes beyond her control, in a great degree, her population has steadily increased and will continue to increase, your agricultural wealth has been developed, in a ratio not surpassed by any country. Whilst Mexico in the oppression of her people, disre- gard of law, and order and internal convulsion, has shown her unfit- ness, to render happy and secure any people. The inteUigence of your people, and the great natural advantages of the country, does not leave a doubt that Texas is destined to take a proud rank amidst the Republics of America, unless her onward course be retarded by folly, and unwise Government. The race from which we have descended, forbid the idea, that the cause of civilization, and free government will fail in their hands Mr. President you have been a second time called by the suffrage of a large majority of your fellow citizens to preside over the destinies of this young and rising Republic. And altho you have been sur- rounded by difficulties seldom met, in the administration of affairs, I doubt not you will close your administration in a maimer most satisfactory, to your countrymen, and .those who feel an interest in Texas abroad, and that you will add to a fame so hardly won. You have my prayers for your success in behalf of your Country, as well as individually I have the honor to be with great consideration Sir Your obedient Servant Jones to Van Zandt.* a Jane 10, 18^, ApopjrolJonestoamiUioftbeswnedate. See Calendar of Correspondenoe with Great Britain. Digitized by oy Google 192 american historical association. Jones to Van Zandt.*» DfiPARTMRNT OF StATS, WashingUm [Tdwwl, Jum 15th, 1843. Hon. Isaac Van Zandt, Charge d^ Affaires of Texas etc. etc. etc Sir, Since my communication to you of the 10th. Inst., infonnation has been received from Mexico, through H. B. M. Charg* d'AflFaires near this Grovt. that Gen. Santa Anna has given orders for a cessation of hostQities on his part, and that he would agree to an Armistice with Texas, and receive Commissioners to treat on terms of peace. Copies of the several documents in relation to this matter, together with the Presidents Proclamation of an Armistice are herewith endosed for your information.* As this information somewhat alters the aspect of our affairs, you will defer for the present, communicating the '* Declaration'' which you were instructed to make to tfaje Government of the United States, in my despatch to you of th« 10th. Instant. I have the honor to be. With the highest regard. Your very Obt. Servt. Anson Jones P. S. There will be no impropriety perhaps in yovu: letting Mr. Legare have the perusal of my whole despatch of the 10th. Inst.^ as it indi- cates the course which this Govt, may have to pursue in the event of the negotiations with Gen. Santa Anna failing. A. J. (Duplicate sent to A. Smith, Esqr.) Murphy to Secretary op State [Leoab£]. Van 25andt to Jones.* Despatch 102 « Legation of Texas in the Uncted States Franklin County Tenn Si9(h June 1843 Hon Anson Jones Secretary of State of Texas Sir I have the honor to acknowledge the receipt of ymxr Official Communications of the 8 and 9th Ultimo. In regard to that portion ..... Ill .11 1, H I '■■ii i » H I ■■ ■ I m. I ■ ■ II a Copied, mutatia mutandit, from Jones to Smith of the same date. See Records of DepartniBot of State, Texas, Book 44, p. 160. b No copies were made for preservation In the Texan archives. For the proClamstfai1a(m M dates wfU show, UiU oopj was znadt lat«r ttuua that originaUy loolofl^ of Jones to Van Zandt » September 30, 1843. See Van Zandt to Jones, October 16, 1843. Digitized by Google COBBBSPONDBNOT WITH THE UNITED STATES. 221 Bbowbb TO Van 25andt.* Upshub to Van Zandt.* Van Zandt to Jones. ^ Dispatch No. 109 Legation op Texas Washington City D. C. October 16th. 1843 Honorable Anson Jones Secretary of State Sib, On the 18th. ultimo I had the honor to make a communication to your Department on the subject of annexation. I have now the honor to submit for your information, and consideration a com- munication upon the same subject this day received by me, from the Hon A. P. Upshur, Secretary of State of the United States. This conamunication you will perceive, places that question at once in a tangible shape, it comes to the point, and presents the issue; Are we ready to negotiate a treaty of annexation, or not t This question has engaged the attention of the Government of Texas, at different times since 1837 and has been pressed at aU times, whenever there was an apparent prospect of success. From this I infer that heretofore there has been no policy of the Government more settled, than that of annexation to this country. The instruc- tions from yoin* Department suspending my former instructions upon this subject, I did not construe as an evidence of any radical change in the mind of the Government, as to its wishes in regard to the question, but that the desire of the Government still was to be annexed, whenever practicable. The (Jovemment at present is using every effort to obtain a peace with Mexico, not perceiving that a treaty of annexation can in any wise miUtate against that object. I entertain the opinion that the subject now presented by the Secretary's letter will be met in a corresponding spirit, on the part of our Govern- ment, and that the powers will be furnished to the Texian Representa- tive here to conclude such a treaty. This opinion, as an individual, I have expressed to the Secretary of State, at the same time dis- claiming any authority on the part of my Government for such an opinion. « Oetober 10, IMS. See Van Zandt to Jodm, Oetober 10, 1848. eL.S. » Octoberl6, 1843. See Van Zandt to Jones, October Id, 1843. Digitized by Google 222 AMERICAN HISTORICAL ASSOCIATION. Believing that the question of annexation is fraught with con- sequences of the first magnitude, and if consumated calculated in an eminent degree to advance the welfare, and prosperity of the country, I have thought it my duty to dispatch this communication by a special messenger, in order to apprise your Department as early as possible, and that no time may be lost in ascertaining on my part the determination of the Government. Having no means to employ a special agent for this purpose, and moreover, as it is difficult to embody in a communication without much time and labor, the many facts which it would be important to be known to your department touching this matter, all of which are familiar to Mr. Raymond Secretary of Legation, at my request he has consented to take charge of this dispatch and depart for Texas immediately. To him I must refer you for information in regard to many matters bearing on this question. I am of opinion, that at no time since the question was first pre- sented to this Government, have there been so many circumstances combining to secure the favorable action of the Senate of the United States. The late declarations of Lord Aberdeen in the British Parliament, in reply to the interrogatories of a certain Noble Lord, show the designs of the British Government in regard to the institu- tions of the United States through Texas, and make at once, the question, one of vital importance to the slave holding states. The possibility of England's (as many believe) securing an undue influence in Texas, and thereby monopoUzing her growing trade, seems to have touched the secret springs of interest so fondly cherished by northern manufacturers, and presented the question in a form hitherto unheeded. The West are intent on the occupation of Oregon, in order to wrest it from the grasping power of Great Britain — it is believed that the interest of the two questions of the annexation of Texas, and the occupation of Oregon can be combined, securing for the latter the south and southeastern votes and for the former some northern and the entire western vote. Those presses which have discussed the matter place it above party grounds and unshackled with party trammels. This I think is highly advantageous for if it were made a strictly party vote, neither of the two great parties have sufficient members to carry it. Should the treaty be con- cluded some provission would necessarily be made for our Govern- ment Uabilities — this would at once secure the influence of the holders thereof in this country. The influence, of the old United States Bank agents, though the bank itself is dead in law, would prove a host in itself. It has been told me, and by one entitled to confidence that some of these holders of our Uabilities have lately interested in a pecuniary way, a distinguished lawyer, a whig senator from one of the northern States, who if necessary would settle in Texas in Digitized by Google COEBESPONDENCE WITH THE UNITED STATES. 223 order to prosecute measures to secure their claims. Then, if under all these circumstances we should reject this proposition, there can be but little probability that so propitious a moment will soon, if ever again occur. With these hasty remarks I submit the matter for the determination of His Excellency the President, aided by his Constitutional advisers, with a fervent wish that his decission may redound to the welfare and prosperity of Texas. In view of the financial condition of Texas, and believing that the Legation imder the circumstances might dispense with the Services of a Secretary, Mr. Raymond had expressed to me his intention, at an early day, to tender to the President his resignation. Now, should the Government decide to make the treaty of annexation, I conceive that it will be highly necessary that the services of a Secretary of Legation should be retained, at least for the present. If therefore you should concur with me in opinion I hope that you will so mani- fest it to Mr. Raymond, that he may be induced to continue his services as Secretary of Legation. His knowledge of the duties of his station, aside from other considerations, renders it desirable that he should be retained, if an action be decided on. It is but due to Mr. Raymond, and it affords me. much pleasure on this occasion to bear testimony to your Department, of the prompt- ness, fideUty and ability with which he has at all times discharged his official duties, and while I most cordially commend him to you, I feel assured that the confidence which is now or may hereafter be reposed in him by Government will never be misplaced. If the Grovemment determine to furnish to its agent here full powers to negotiate the proposed treaty, I think the instructions, which accompany them, should be as full and expHcit as possible imder the circumstances I have also the honor herewith to communicate to the Department the copy of a letter received from Hon. Fernando Wood of New York, giving information of certain alledged violations of official duties, by J. H. Brower Esq, Texian Consul of that city. Upon the receipt of this letter, I addressed a note to Mr. Brower acquainting him of the charges against him, and requesting his statement of the circum- stances connected with the affair. His reply is herewith enclosed. The two statements, between which there appears to be a very great variance, contain all I have learned in relation to the occurrence. So far as I have heretofore had an opportimity of knowing, Mr. Brower has deported himself properly, and given general satisfaction. Unless other testimony be adduced to show his culpabiHty, I appre- hend he will receive no serious censure from the Department. Should this view concur with that of His Excellency, the President, I would respectfully suggest, that perhaps it might not be improper Digitized by Google 224 AMEBICAN HISTORICAL ASSOCIATION. for the Department to address a communication to Mr. Brower, impressing upon bjm the importance of avoiding as much as possible strifes, and difficulties of eyery character with those who have business with him, pertaining to the consulate. I have tixe honor to be with the highest sentiments of regard Your very obdt. servt. Isaac Van Zandt [Next come copies of the following: Upshur to Van Zandt, October 16, 1843;" Wood to Van Zandt, September 30, 1843, complaining of insulting treatment by J. H. Brower, Texan consul at New York; Brower to Van Zandt, October 10, 1843, acknowledging Van Zandt's note of October 9, in which is given a statement of Wood's charges, and defending himself against them.] Van Zandt to Upshur.'^ Van Zandt to Jones.*' Van Zandt to Jones.** (Despatch No. 110.] Legation of Texas WasUngton D C Nov 4ih 184S Deab sib I have the honor to acknowledge the receipt on yesterday of your communication of the 29th September last, together with a copy of a certain correspondence with Capt Elliott British Charge d' Affaires, also the demand of the President for the delivery of Hiram Kenley a refugee from justice and a copy of the order of the Department of War and Marine directed to Col Jacob Snively with the report of that officer giving information of the maimer of the termination of his campaign The several matters embraced in your communication and accom- panying papers shall receive my prompt attention. But as it will require some little time to execute all your instructions, I deem it proper first to submit for your consideration some reflections of mine upon some of the points to which my attention has been directed, together with a succinct statement of the condition of some of the various questions heretofore pending. The last I notice fir^t. a See Calendar of CorraspondflDoe with tbe United States in Part I. b October 19, 1843. See Van Zandt to Jones, November i, 1843. c October 22, 1843. See Calendar of Correspondence with the United States in Part I. ears to receive daily, increased interest here, not only with the Government but the people also. It is the leading mattier of inquiry by almost every prominent man I meet. The opinion of those friendly to the measure is that should such a treaty be in contemplation, at no time since the subject was first agitated, has there been so many circum- stances combining to facilitate its ratification. Mr Adams mani- fests great alarm. In a speech of more than two hours length to his constituents lately, he occupied the principal portion of the time in discussing the subject and the matters connected therewith. I hope that before this, you have received my despatches in regard to it and have given it a favorable consideration The instructions final have been sent to Gov Butler who is Com- missioner to meet the Indians. I found it impossible to obtain the sanction of this Government to conclude such a treaty as would make the United States a guarantee for the faithful performance of the conditions The present Secretary of War and Commissioner of Indian Affairs as well as Mr Spencer late Secretary of War and now of the Treasury, were uncompromising in their opposition. The commissioner is however directed to use all his powers to affect [sic] a treaty of peace between Texas and the Indians. The commissioner of Indian affairs has Ukewise addressed letters to the principal chiefs of the Cherokee, Choctaw, Chickasaw and Creek Nations to persuade them not to oppose but to use their influence with the wild Indians to induce them to conclude a peace with Texas. From the tenor of your communication I fear that the time agreed upon will not be entirely convenient for our Government. In regard to this I can only say that I have acted with the best Ughts upon me and hope the Department may be able to carry out the arrangements Since the date of my last dispatch to your department I have fre- quently called on the Secretary of State and urged upon him the necessity of taking up the case of the outrage upon Col Bourland the collector of Bed Biver. He has universally replied to me that he had not yet been able to procure all the testimony upon the subject but that he hoped soon to receive it when he would at once take it up In your communication now before me I am instructed to make a demand for indemnity for the supposed amount of goods taken from the collector. I entertain some doubt whether the claim if now made can be held as well founded, since in making the demand for reperation for the vnrongs done the collector we presented the fact that the goods had been ordered to be released and communicated 3^28*'— VOL 2, PT 1—11 16 Digitized by Google 226 AMERICAN HISTORICAL ASSOCIATION. at the same time a copy of those orders. I take this to be the rule in civil cases that if an officer has taken possession of property and an order is afterwards issued from the proper authority for its release and in the mean time before the Officer is advised of the order of release the property is wrested from his possession and returned to its original possessor, though the party would be liable to a prosecu- tion for the tresspass or violence if used, yet it would in no degree affect his title to the property or make him liable for its value at the suit of any other person not even the officer himself. If in this lam correct I apprehend that the principle is no less true in a national point of view. I merely submit these reflections for your consider- ation, not as controlling my action for as your instructions are un- equivocal I shall seize the earliest opportunity to make the demand and will urge it by every means in my power. There is one other point in this case to which I call your attention. Col Bourland states that it can be established that the offenders were aided or countenanced by a United States officer, Col Loomis. I have had some conversation with Col Armstrong Indian Agent on this subject and from his state- ment I think it will be difficult to identify the officer in any manner with the outrage. I would therefore suggest to your Department the propriety of calling on Col Bourland to procure such testimony as he may be able to obtain touching this particular point and com- municate the same to me as early as possible Since the date of my letter to Mr Upshur Secretary of State upon the subject of Dr Rob- ertsons negroes, I have given the matter my frequent attention but up to the present time I regret to have to say that no deffinite action has yet been taken upon it by the Government of the United States. The Secretary of State in our early discussions upon the matter presented and urged many objections to delivering up the negroes, all of which I think I have met successfully not only to my satis- faction but that of the Secretary of State. In our last interview on the subject Mr Upshur said that he would confess to me candidly that he was convinced that the United States ought to deliver up the negroes and that he was anxious himself to do so but that the oppo- sition of some of the cabinet was so great that as yet he had been unable to procure the sanction of the President to that course. I told him that the great delay which had occurred in this case was well nigh tantamount in its effects to a rejection and a longer procrasti- nation of the. question could not fail to be viewed by the President of Texas as manifesting a disposition on the part of the Government of the United States to avoid the performance of an act manifestly called for by the plainest treaty stipulations. Mr Upshur said he would do all he could to accord to Texas her rights but in the mean time hoped that neither this question nor those connected with the border difficulties, should be permitted to interpose obstacles to the Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 227 accomplishment of the important object of annexation. I replied that I was sure that it was the most ardent desire of the President of Texas to cultivate the most friendly relations with the United States, but at the same time I thought nothing could so much contribute to the mantainance of a good imderstanding between the two countries as a prompt and ready accordance of right I am gratified to receive your instructions upon the subject of the disarming of Col Snivelys command. This was a great outrage and demands reperation. I was strongly inclined to act on this matter at an earlier day, knowing the delay necessarily attendant upon the circuitous route by which Col Snively's report would be sent, but as I would have had to rely upon newspaper statements which were uncertain and contradictory I finaUy concluded to await the receipt of intelligence from your Department in regard to it. I shall imme- diately make the coAununication to this Grovemment upon the sub- ject as directed in your instructions, *♦*♦♦♦ Jlta I will see the President on Monday, (to day being Saturday and the usual day for the meeting of the Cabinet,) upon the subject of the delivery of the refugee Henley ^ and will write to Genl Henderson the result. I am exceedingly gratified to find that amidst all our difficulties our prospects are brightning. I think that there is much grounds to indulge the hope that ere long Texas will sum^oimt the obstacles which have retarded her progress and by the successful prosecution of a proper policy find herself again restored to peace and prosperity. With Sentiments of high regard I am most respectfully your obt Sert. IsAAO Van Zandt To Hon Anson Jones Secretary ofStaie of Texas P. S. Please remember me to the President and Gent of the Cabinet thine L V. Z. [Next comes a copy of Van Zandt to Upshur, October 19, 1843.*^] Van Zandt to Upshur.** a Here is omitted a paragraph referring to Van Zandt's salary. b Written inadvertently for Kenley. See the first paragraph of the letter. c See Calendar of Correspondence with the United States in Part I. ossible to take any action. If this view of the constitutional a I. e., a resolutloii intended to effect annexation, 39728°— VOL 2, PT 1—11 W Digitized by Google 242 . AMERICAN HISTORICAL ASSOCIATION. question be correct the success of the measure would be placed beyond the shadow of a doubt. I respectfully submit it as my settled conviction that Mexico does not now contemplate the free acknowledgment of the independence of Texas, nor will she grant it at this time, without such concessions as Texas will not make. England would doubtless oppose annexa- tion, but on the other hand she will never force or compel Mexico to acknowledge our independence without some boon from Texas, which cannot be granted. It is a well ascertained fact in my mind that the present armistice does not proceed from any disposition on the part of Mexico to agree to the independence of Texas. If in resorting to annexation, Great Britain desert us during its pendency, the fact of concluding the treaty will organize a party in this coxmtry that will neither permit us to be attacked nor cease its powerful support until annexation shall be effected. I am authorized by the Secretary of State, who speaks by the authority of the President of the United States, to say to you that the moment a treaty of annexation shall be signed a large naval force will be assembled in the Gulf of Mexico, upon the coast of Texas, and that a sufficient number of the Military force will be ordered to rendezvous upon the borders of Texas, ready to act as circumstances may require; and that these assurances will be officially given preliminary to the signing of the treaty, if desired by the Government of Texas; and that this Government will say to Mexico that she must in no wise disturb or molest Texas. Believing that in the decission of this question the destinies of our land are suspended,. I should be recreant to my duty did I not again present to you these facts and reflections that they may be submitted to the President, who under the guidance of Him, who directs the destinies of mankind, I trust will decide upon them in such manner as shall receive the welfare of our common country. That portion of your communication respecting the imprecedented and remarkable conduct of Genl. Waddy Thompson towards the President I have verbally communicated both to the President of the United States and Secretary of State, and had intended to make a communication on the subject to the State Department, but on further reflection I am not satisfied in my own mind whether imder the circumstances it would be best to do so. The President and Secretary of State both informed me that General Thompson had resigned and his resignation been accepted, and that he is looked for here in a few days. I will continue to think of the matter and take any steps which may seem proper and necessary. In the mean time if it is desired by His Excellency the President that I shall make the communication before indicated, you will write me, and your instructions shall be immediately complyed with. The treaty concluded by Mr. Reily has not been taken up with a view to a reconsideration of the amendments, nor do I believe it Digitized by Google CX)RBESPONDENCE WITH THE UNITED STATES. 243 will be possible to pass it in the original form at present, although I have reason to believe that the vote would be stronger for it than at the last session. One of the most formidable objections urged against its ratification was, that owing to our internal difficulties and the dangers which attended us from without, the belief of the possibiUty that Texas might become subject to some other foreign power was induced, and that if the navigation of the Red River and the Mississippi was conceded the benefits might enure to others through Texas. Though proceeding from a different state of [the] case the objection still exists in as strong form as at the last session. It \s alleged, as stated in a former part of this dispatch, and many believe it true, that England is about to obtain an undue influence in Texas, and these privileges of navigation if granted to Texas might be made the source of annoyance to the United States. That portion of the Southern Senators who opposed the treaty I think might now go for it if an action was taken, but yet these same gentle- men are averse to moving in the matter so long as there is a prospect of annexation. Place these two measures before the senate when you will and annexation will receive the greater number of votes. Mr. SUdell of Louisiana has introduced a bill to admit our cotton free of duty, and I have strong hopes of its passage. The only reason that will operate with much force to defeat it, is, that it is a part of the general 'tariff act, which many are opposed to disturbing. Mr. Archer told me last night in a long conversation I had with him, that the bill if it could pass the House, would pass the Senate without difficulty. For the present I do not think it necessary to require the services of Mr. Brower, when I have received your answer or even before if it appear important I will inform him of the fact. I have the honor to enclose you herewith a copy of a communication from Mr. Upshur, Secretary of State, upon the subject of the dis- arming of Major Snively. I have not had time to reply to it. I will do so as early as possible and notice the other causes of complaint in a more specific manner. Knowing that the Archives of the Government are at Austin I have sent you a copy of the former instructions on the subject of annexation, so that if the President should think proper to make the treaty they may facilitate in drawing any new instructions for the governance of your Represei^tative here. I have informed the Secretary of State verbally of the views of the President as to the formation of a treaty of annexation as indicated in your dispatch. With sentiments of high regard I have the honor to be most respectfully YourObdt.Servt Isaac Van Zandt. Digitized by Google 244 american historical association. Upshub to Van Zandt. Sm, — ^When I had the honor to address you on the 29th. ult relative to the outrage alledged by you to have been conunitted by Captain Cooke of the army of the United States in disarming a Texan force under the command of Colonel Snively, I could do no more than give you a general assurance of the regret felt by the President that any cause of complaint should exist on the part of Texas against this (Jovemment, and of the readiness of this Government to repair any wrong done by its forces to the dignity of Texas or the rights of her people. The pressure of other duties, particularly since the session of Congress, has rendered it impossible to give to your letter upon this subject the attention which it would otherwise have received. I have now the honor to communicate the views at present enter- tained by this (Jovemment, and to invite from you any further sug- gestions which you may think necessary to elucidate the subject. From the statements made to this Government, the following appear to be the facte of the case. On the 15th. of March, last, an application was made by several American citizens to the Depart- ment of War for an escort from Missouri to Santa Fe in Mexico. On the 17th. of the same month General Almonte, the Mexican Minister, addressed a note to the Secretary of State, desiring a similar escort for certain Mexican merchants then in Missouri, wBo desired to trans- port a large amount of goods which they had purchased, to Santa Fe. On the 28th. of that month, directions were issued to the War Depart- ment to have the escort organized for the purpose of protecting such of the citizens of the Republic of Mexico and of the United States as should be desirous of availing themselves of the same. The escort was to proceed as far as the territory of the United States extended on the route to Santa Fe. Some subsequent correspondence took place, but it did not alter the purposes of the escort or the extent to which it was to proceed. Captain Cooke of the Dragoons was detailed for this duty and a force of about one hundred and ninety men was placed imder his command to carry out the orders of the Department. They rendez- voused at Council Grove, Neosho River on the 3rd. of Jime, and pro- ceeded on their route with the Caravan of traders. On the 22nd. of Jime, Captain Cooke states, that when at Walnut Creek, he received intelligence th^t Colonel Snively, having about one hundred and eighty Texians imder his command, had avowed his intention to attack the caravan wherever he could find it unprotected, and had also made many threats against the American portion of it, and that three of their spies had been reconnoitering in the territory of the United States, and had returned on seeing his command. He however proceeded with the escort and caravan in the direction of a Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 245 crossing, and on the 30th. of June he saw three horsemen about a mile in advance, whom he supposed to be those spies, and in pursuing them, came in sight of the Arkansas river, on the opposite side of which, he saw in a large grove, a force of men and horses. They hung out a white flag, and he sent a subaltern with a trumpeter and flag to ford the river to their camp. He directed him to demand of the commander who they were and what they did there, and to give such commander or another safe conduct over to him and back. On his return. Colonel Snively and another officer, his aid, accompanied him, when Captain Cooke informed him that his people were in the United States, and desired to know who they were, and if he had a commission ? to which Col. Snively repUed that he had a Texan vol- unteer force of 107 men, 75 having lately returned to Texas, that he beUeved he was on the territory of that EepubUc and that he had a commission which he exhibited, and a copy of which accompanies Captain Cooke's communication. That document is not in the form of a commission, but of an order signed by the Acting Secretary of War and Marine, and authorized the raising of a partisan force without expense to the (Jovemment; the object of which was to retaliate and make reclamation for injuries sustained by Texian citizens, and declaring that the merchandize and all other property of all Mexican citizens would be lawful prize. Such as might be captured, to be brought into Red River, one half of it to be deposited in the Custom House of that District, subject to the order of the Government, the other half to belong to the captors, and be equally divided between the officers and men. The force was to operate in any portion of the territory of Texas above the line of settlements and between the Rio del Norte and the boundary line of the United States, but would be careful not to infringe upon the ter- ritory of that Government. Captain Cooke about this time observed some twelve or fifteen men crossing from the north to the south side and proceeding to the Texian Camp. The land on the north side of the Arkansas River was confessedly in the territory of the United States. Captain Cooke states that he believed the ground on which the Texians were encamped was within the territory of the United States also; that the line, it is true, had not been run from Red River to the Arkansas, but that it was understood by all to strike the latter river at least fifteen miles above the point where they were, while some believed the line to be as high up as Chouteau Island, sixty or seventy miles above the Caches,* or seventy five or eighty miles above the Texian Camp. That he then disarmed the force, offering such as chose to go to the State of Missouri, an escort to Independence in that State, of which offer about fifty availed them- a See Gregg, Ommeree of the Prairies (ed. 1844), map f adiig p. 17. Digitized by Google 246 AMERICAN HISTORICAL ASSOCIATION. selves; the residue prefering to return to Texas were furnished with ten rifles and with provissions, of which they said they stood very much in need. Captain Cooke justifies his conduct, on the grounds that he found this force within the territory of the United States, engaged in the attempt to interrupt the lawful trade between the United States and Mexico, and that he had the right to disarm, so as to take from them the power of molesting our own citizens and those of Mexico engaged in that trade; that he used no harshness, nor more force than was necessary to accomplish the object. Colonel Snively on the other hand alleges that he was on theTexian territory; that he was not fairly dealt with, and that he was deceived under a flag of truce to place himself in Captain Cooke's power; that being disarmed, he was exposed to danger and to the actual loss of some of his men in passing through the hostile bands of Indians on his return to Texas, in consequence of the want of those arms. It further appears from the diary of Captain Cooke, that the transac- tion took place in the 94th degree of west longitude, as ascertained by actual observations, on which he rehes. If the facts be as here stated, the conduct of Captain Cooke, although it may not have been proper or justifiable, was not such as to merit the severe reprobation which it has received. There is every reason to believe that the force of Colonel Snively was actually within the territory of the United States. It was the duty of Cap- tain Cooke to protect the traders, both Mexican and American, throughout the whole extent of our territory. The least that can be said of it is, that there was no proof, and no strong reason to believe that the place was within the territory of Texas. So long as the territorial jurisdiction was doubtful, both parties had an equal right to be there; and although the imcertainty of the jurisdiction might have justified the Texan forces in attacking an enemy's force foimd there, the same consideration made it the duty of Captain Cooke to extend his protection to the caravan committed to his charge. Each party acted upon its own responsibihty and was bound for all consequences. So far, therefore, as the mere question of territori&l jurisdiction is concerned, neither party can have any assured groimd of complaint, until the fact shall be ascertained. In the mean time it would seem to be enough that each Government should disclaim any intention to violate the territory of the other; and that disclaimer I now make, in the fullest manner, on the part of this Grovemment. The only question, then, which can now be decided, respects the manner [in] which Captain Cooke discharged the duty of protecting the caravan of traders. In disarming the force of Colonel Snively, he acted without specific instructions from this Grovemment, nor had Digitized by Google COftHESPONDEKCfi WITH O^HE UNITED BTATfiS. 247 he, any instructions which would authorize him to violate any right of Texas or of her people. Neither will he be held justified in exe- cuting a lawful authority in a harsh or unbecoming manner. I am directed to give this assurance to you and through you to the gov- enmient of Texas, in the most explicit terms. It may turn out, that Captain Cooke has exceeded his authority, in offering any hindrance whatever to the forces of Colonel Snively, or that in the exercise of a legitimate authority, he has gone beyond the necessity of the case. So far as the disarming of Colonel Snively's force is concerned, the probability is that it will be so found. But in the present uncertain state of the facts, it seems to the President that the Grovemment of Texas can require nothing more than the imme- diate institution of the requisite inquiry with a view to ascertain the exact state of the case. Directions have accordingly been given to the Secretary of War to order forthwith a Court of Inquiry upon Captain Cooke, and to give to the inquiry as ample a range as pos- siblef The arms taken from the Texan troops will be restored or compensation made for them. And such further steps will be taken, upon the report of the Court of Inquiry as may seem to be necessary, in order to render full justice to Texas and her people. In regard to the letter of Brevet Major General Gaines to Brevet- Brigadier General Taylor, of which you complain, I have to say that it is not of an official character and has not been communicated to any department of this Government, by the writer of it. I desire to assure you, however, that this government does not claim the right to operate beyond its own limits in time of peace; nor to vio- late the territory of any other power, by marching an armed force into it. Hence it has no difficulty in disclaiming the doctrine on that subject attributed to General Gaines. . In conclusion, Sir, I beg leave to repeat to you the assurances heretofore given, that this government never meditated and will not sanction, any indignity towards the government of Texas, nor any wrong towards her people; and will readily and with pleasure repair any injury of either kind, which may be made to appear. Whatever backwardness may seem to have been shown, in attend- ing to the complaints of Texas is to be attributed to the extreme pressure of the indispensable calls of duty, and not to any disinclina- tion to render proj>er respect to the claims of that government. I avail myself of this occasion, Sir, to offer you renewed assurances of my high consideration (Signed) A. P. Upshub To The Honorable Isaac Van Zandt etc, etc, etc. Department of State, Washington, 16ih, January 1844. Digitized by Google 248 AMERICAN HISTORICAL ASSOCIATION. Jones to Van Zandt. Department of State, Washington [Texas], Jan. S7ih ISU- Hon. Isaac Van Zandt, Charge d' Affaires of Texas, etc. etc. etc. Sm, I have the honor to acknowledge the receipt of your dispatch. No. 112, under date of the 2d. Inst., which is the only one received from you, at this Department, since the departure from here of Mr. Ray- mond. It is not the desire of this Government that the claim for the two negroes of Mr. Robertson should be any further pressed by you, at present. The propriety of our right to demand the restoration of them by the Government of the U. States is at least questionable and until the owner of the Slaves shall have produced satisfactory evi- dence, in support of his claim, the further treatment of that subject may be discontinued. The complaints, however, in the cases of Mr. Bourland and Col. Snively are of a grave and important character, and it is conj&dently hoped the Government of the United States will award prompt satisfaction and reparation for these outrages, com- mitted, either by or xmder the sanction of its own officers. The set- tlement of these difficulties would, it is believed, have a tendency to promote the continuance of friendly relations, as well as to ensure suc- cess to any negotiations which may be imdertaken between the two countries. Should you be satisfied that the door wiU be opened by the Con- gress of the United States, for the Annexation of Texas to that coun- try in the maimer referred to, in my communication of the 13th. Ulto. or in any manner, which may seem to ensure certain success to the measure, you will in that case proceed, immediately, to open the negotiation of a treaty for the same. The instructions referred to you wiU therefore consider as revoked as well as the instructions on the same subject of the 6th July last. The principal points for dis- cussion will be the poUtical character in which she shall be admitted, the liquidation of her pubUc debt, and the disposition to be made of the public domain. In reference to the first of these, you wiU require, that on her admission into the Union a census of her population shall be immediately taken by the government of the United States, and in the event her niunbers should be sufficient to entitle her, agreeably to existing laws in that coimtry, to a representation in the general Congress She shall in that event become, at once, entitled to existence as a free and sovreign State of the United States, with all the rights, belonging to the other members of that confederax^y, and a guarantee Digitized by Google COBBESPONDENCE WITH THE UNITED STATES. 249 for the enjoyment of all her domestic institutions. Otherwise she shall be admitted as a territory with similar guarantees and provisions for a state government, when she shall have the requisite population In relation to the public debt of Texas, amoimting, as it is supposed, to some twenty Millions of Dollars, including the unaudited claims of our citizens for services rendered, property furnished, and injuries sustained, during the war of the revolution, and for which this Gov- ernment is properly boimd to her citizens you will require that the same shall be assumed by the government of the United States, to be repaid to the creditors, within some fixed period, with interest not less than five per cent, or from time to time, so soon as the public lands of the Republic may be made available. It will also be necessary to require that in the event Texas shall be called upon to pay any por- tion of the public debt of Mexico, the responsibility of such payment shall rest upon the United States. In relation to the public domain of Texas, you will require that all claims to lands, in Texas, held by individuals or companies, for their own use and benefit, or for colonization shall be adjudicated and set- tled in the speediest manner possible, and those having legal and valid ones shall be entitled to receive patents to their quotas of land, and that all private rights to real estate, or otherwise, as they exist at the time of the admission of the Republic into the American Union, shall be, and remain inviolate. After the satisfaction of all just claims, the balance remaining of the public domain shall become the property of the United States. There are a great many points, of minor importance, which it would be necessary to provide for in a treaty of Annexation. In relation to these, instructions will be furnished you so soon as this government is advised of the fact, that the measure of annexation, is made certain to Texas by the action of the present Congress or Senate of the United States. In this event the President will also (should an appropriation be made for the purpose) accede to your request and send on a special Minister to act in conjunction with you in the arrangement of this important matter. In the mean time, you will ascertain the views of the government of the United States, so far as may be practicable, upon the various points submitted in this communication, and upon such others, connected with the subject, as may be likely to arise in the discussion and formation of a Treaty. A full power will be sent you to conclude a treaty, so soon as this department is advised by you of the proper action having been taken on this subject, by the executive and coordinate branches of the Govt, of the United States. In the event the treaty, for annexation, should not appear to have a fair prospect of success, you will urge upon the government of thp United States, in your intercourse with it, the active and efficient Digitized by Google 250 AMERICAN HISTORICAL ASSOCIATIOK'. interposition of its influence, in putting an end to the war with Mexico, and thereby ensuring to the people of both countries the advantages, to be derived to them, from our National Unity and Independence. For the more certain attainment of this desirable object, it would be very acceptable to this government, could a treaty of alliance, offensive and defensive towards Mexico be formed with it, by that of the United States. You will therefore sound the Secretary of State of the United States on this subject, and inform him of our willingness to enter into some arrangement of the kind, and inform this Department of his views, in reference to the subject, at the earUest possible period. The declarations, made by the President of the United States, in his late Annual Message to Con- gress, and the position taken by him, as well as the principles avowed by the Secretary of State of the United States, and the Minister, Gren. Thompson, in their late correspondence with the authorities of Mexico, would appear to suggest the alliance, now proposed, as the most proper means of giving effect to those declarations and prin- ciples, with the view of promoting the interests the United States have in the establishment of our complete independence, as con- nected with the commercial advantages, to be obtained, for them, through such a measure, the safety of their domestic institutions, and the continuance of Union and harmony between the different mem- bers of their confederacy. No proposition for a treaty of alliance has yet been authorized to be made to any other government, but as our negotiations with Mexico may be abruptly terminated, it becomes the duty of this Government to be prepared for such an emergency. It is, therefore, of the utmost importance that the views of the United States, on this subject, should be immediately known, and communi- cated by you to this Department, in order that the President, in the event of an unfavorable answer, might take prompt action, in refer- ence to it, with some other government, whose friendly dispositions can be relied upon. Upon the most mature deliberation and consultation with the various tribes of Indians, including the Kioways and Commanches,' it has been concluded to hold a General Council with them, at the Tahuacana Creek, on the Brazos river about 25 miles above the falls,' in the month of April next, at which it would be desirable to have the attendance of Col. Butler, on the part of the United States. So many objections appeared to have arisen to the Treaty being held on Red River as originally proposed by you that the President agreed to change the place of holding it as above. You will make this arrangement known to the Gk)vt of the United States and request the attendance of their Commissioner etc., at the time and place specified. It is presumed this alteration will not be productive of any dissatis- Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 251 faction to the Government of the U. States, or serious inconvenience to Col. Butler, while it is believed that by holding the Council on the Brazos, the tribes to be pacified will be removed as much as possible from all undue and adverse influences, which the cupidity and selfish- ness of Indians and others residing on and near Red River, might otherwise interpose, in endangering the success of the Treaty. « « ♦ « :|c « ntia I have the honor to be, with great respect Your obt servant (signed) Anson Jones Houston to Van Zandt.'' Brower to Van Zandt.*^ Houston to Murphy.^ Porter to Upshur.* Upshur to Van Zandt/ Jones to Murphy.^ Murphy to Jones.^ Jones to Murphy.* Murphy to Upshur.* « Here Is omitted a penic;raph relative to Van ^andt's salary and the expenses of the Legation. ft January 29, 1844. See Calendar of Correspondence with the United States in Part L e January 31, 1844 (extract). Bee Van Zandt to Jones, February 22, 1844. ' February 3, 1844. See Correspondence with the United States in Part I. « February 3, 1844. Bee Van Zandt to Jones, February 22, 1844. / February 6, 1844. See Van Zandt to Jones, February 22, 1844. # February 14, 1844. See Calendar of Correspcmdence with the United States hi Part I. * February 15, 1844. See Calendar of Correspondence with the United States in Part L Digitized by Google 252 american historical association. Jones to Henderson. Department op State Washington [Texas] Feb. 15th 18U Sib It having been determined by His Excellency the President to accede to a proposition which has be-en made to this government by that of the United States to conclude a Treaty for the annexation of Texas to that country, and to enter into n^otiations for that pur- pose at the city of Washington he has appointed you Special Agent of this government to conduct, in conjimction with the Hon. I. Van Zandt our present Charg6 d'Affaires at that Court, those negotia- tions. You will receive herewith your Commission, also a letter accrediting you in this capacity, to the Secretary of State of the United States and a full power to conclude and sign with such per- son or persons as may be appointed and similarly accredited on the Part of the U States a Convention or Treaty in the premises.* Unavoidable circumstances prevent me at this time from giving you ample written instructions. Such however as may be deemed neces- sary will be prepared and sent to you at the City of Washington in a very few days. In the mean time, it is only requisite for me to say to you that the President places great reliance upon your skill judg- ment and intimate knowledge of the subject and the important interests of the country which are involved in it, and does not deem it proper therefore to confine your action within the limits which minutely special instructions impose and thereby to hazard the successful issue of your mission. You will proceed to the city of Washington with as Uttle delay as possible, and place yourself in communication with Mr. Van Zandt, from whom you will learn the present attitude of this matter at that Court After being received in your official and diplomatic capacity by the government of the United States, you will previous to entering into the negotiation, take measures to obtain from that government, as full a guarantee as possible to the requirements of this government, as contained in my letter to Gen. W S. Murphy Charg6 d Affaires of the U. S. under date of the 14th. Inst, a copy of which is herewith enclosed for your information as well as his answer and my reply thereto. So soon as you shall have reed satisfactory assurances on the main point in that letter, and which you wUl see has been refered by Gen. Murphy to his government for that purpose you will proceed to enter upon the negotiations for a treaty of Annexation between the two countries. Untill you shall receive the instructions refered to in the commence- ment of this despatch you will be governed by those heretofore given by this government to its Ministers on this subject. a No copies of these enclosures have been found. Henderson went to Washhigton City, reaching there some time before April 1. He was recalled by a letter bom Houston dated May 17, and he left Washlng- ton, Jtme 16. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 253 It is desireable that the greatest secrecy and dispatch should be observed in the conducting this very deUcate and important matter and that you should keep the government constantly advised of your progress and of every thing connected with the subject I have the honor to be very Respectfully Your obt Svt Anson Jones Genl J. PiNCKNEY Henderson Special Agent of the Republic of Texas etc etc etc etc Jones to Murphy. Department of State Washington [Texas] Feb. 16th 18U Sm I have the honor to acknowledge the receipt of your note addressed to this Department on the 1st December last upon the subject of an alledged murder of a Choctaw Indian named Daniel Wesley said to have been committed by a white man named George Albon at the Pine Bluffs. Upon the receipt of your note above refered to steps were imme- diately taken to have the cause of complaint investigated by this Government, with a view to inflicting proper punishment upon the individual charged with this outrage should it appear that he had been guilty of the same as well as for the purpose of preventing a repetition of such act on the part of any of our citizens as far as might be practicable, and I should sooner have answered your note and given you this assurance but was daily expecting your presence at the Seat of Government, an event which I regret the state of your health has untill now prevented. The existence of the traffic in spiritous liquors by our citizens with the Indians this Government most strongly deprecates and it will use its best endeavors at all times in conjunction with the United States in preventing it upon our conterminous borders. So soon as Mr. Albon can be arrested and brought to trial for the alledged offence the same will be done, and I beg leave to assure you that no proper efforts which this government can use will be omitted to cause this matter to be duly investigated and justice as well as prompt punishment to be inflicted upon him if found guilty I have the honor to be with sentiments of the highest considera- tion and respect Your most obedient faithful Servant (Signed) Anson Jones To Gen. W. S. Murphy Charge d^ Affaires of the U. S. • etc etc etc Digitized by Google 254 american historical. association. Houston to Jackson.** Murphy to Tyler.* Raymond to Jones.* Murphy to Davis.* Van Zandt to Upshur.** Van Zandt to Upshur.* Van Zandt to Jones./ [Despatch No. 114.] Legation of Texas Washington D, C, February 22nd 1844 Hon Anson Jones Secretary of State Sir, I have the honor to enclose you a copy of a communication addressed by me to Hon A. P. Upshur, Secretary of $tate of the United States in reply to his of the 29th. of December, last, and of the 16th ultimo upon the subject of the outrage committed by Captain Cooke under the sanction of Major General Gaines, copies of which I have heretofore forwarded to your department. I have given this subject every attention in my power, and from all that I have been enabled to discover it is my impression (although as you perceive I maintain the contrary to this Government) that the occurrence took place within the territory of the United States. I found in the Topographical oflSce, here, a map of the Santa Fe road, made from actual survey by order of this Government. That map shows that the territory where Major Snively was encamped was about or a short distance west of longitude 99®. What will be the result of the Court o February 16, 1844. See Calendar of CorrespondeDce with the United States In Part I. h February 17, 1844. See Calendar of Correspondence with the United States In Part L c Febmary 19, 1844. See Calendar of Correspondence with the United 8tat«s In Part I. d February 21, 1844 (as to Robertson's negroes). See Van Zandt to Jones. February 22, 1844. * February 21, 1844 (as to the Snively affair). See V«o Zandt to Jones, Febmary 22, 1844. Digitized by Google COBBESPONDENCE WITH THE UNITED STATES. 255 of Inquiry of course can't be known beforehand, I have no doubt however that the whole transaction will be fully investigated. The President of the United States, from some cause, seems disposed (for the Secretary of State informed me that what he had said was altogether by His direction) to pass over if possible the letter of Gen- eral Gaines without exposing the orders which have been issued from the War Department concerning it. I think my reply will bring that matter out. As I stated to you on a former occasion I know the order of disapproval has been issued for I read the record in the War Depart- ment. After my communication to Mr. Upshur has been examined by His Excellency Genl. Houston, if any further steps be thought necessary I hope you will advise me as early as practicable. You will perceive that I have again urged the consideration of the complaint made in the case of the rescue of the goods from the Collector of Red River. A short time since in a conversation with the President I informed him we should require a full indemnification for the goods taken; he repUed, he thought we ought to bo satisfied with the payment of the duties if we could get that. I rejoined that we should expect the whole amount to be paid. I shall leave no means untried to get a decission of this matter as early as possible. The Secretary has so many engagements to attend to that it is difficult for him to devote much time to any particular subject. I also enclose you a copy of a note received by me from Mr. Upshur, with a letter from the Secretary of War communicating the decission of his Department in the case of Dr. Robertsons' negroes ; and also a copy of my reply. You will perceive that this long controversy has at length been terminated favorably. I had much difficulty with it, on account of the former decission made to my predecessor. Mr. Spencer fought against it throughout and contended for every inch of groimd. I deem it unnecessary to rehearse all the objections made, suffice it to say, they first denied the true state of the facts — ^next, the right to demand them under the treaty, and lastly denied the force of the treaty itself. AH of which I finally battled down and now have the satisfaction to give you the result. The negroes will be deUvered to Dr Robertson whenever he appUes to Gov Butler the Cherokee Agent. It would be well to inform him as early as possible that he may attend to it. I send you a copy of an extract of a letter from Mr. Brower on the subject of the proceedings of the Chamber of Commerce in regard to our treat3^ His effort, to secure the passage of certain resolutions and the adoption of a report upon the subject, it seems, has failed. He has since gotten up a petition on the subject which will be for- warded to the Senate. Aside from the general disposition not to agitate that matter again at this time, it cannot have escaped your attention that the last article Digitized by Google 256 AMERICAN HISTORICAL ASSOCIATION. of the treaty itself says that the exchange of ratification shall take place within ten months, which period has sometime since expired. To renew the action on the treaty your Representative here will have necessarily to be furnished with full powers to do so, by an additional article. I sent you a few days ago a printed copy of the letter of Mr. Walker upon the subject of annexation, it has had a most powerful influence here and will have throughout the whole country. The question is evidently gaining friends, and great anxiety is manifested that a treaty should be made as early as possible. I regret to learn that a memorial upon annexation has been received here from all the mem- bers of our Congress, except four, who were reputed sick or absent. I have not seen the memorial or the names. The proceeding is cer- tainly a novel one. It is considered as having been gotten up because of their distrust of the Executive and has tended to confirm the many false rumours circulated against his reputation. The impression is, that all who signed the memorial show they have a want of confidence in the head of the nation, through whom diplomatic affairs are usually conducted, such certainly could not have been their design. But whatever it may have been, the step can add nothing to our advan- tage, or the elevation of that confidence so essential to every nation. With the highest sentiments of regard I have the honor to be Very Respectfully Your Obdt. Servt Isaac Van Zandt Extract of a letter from Mr. Brower Consul of Texas at New York to Mr. Van Zandt, dated January 3l8t 1844. "As soon as I perceived that Mr. Slidell from the Come, of Com- merce, in the House of Repr. had reported a bill to admit Texian cotton into the U. S. free from duty, I procured an extra meeting of the Chamber of Comfaerce in order to take up my report on the table, which closes with a resolve to memorialize the U. S. Senate in favour of adopting, [or] rather ratifying, the Commercial Treaty negociated between Mr. Reily and Mr. Webster. The members of the Chamber of Conmierce hold diverse views in reference to ** ''free trade" and ''restrictive policy'' which from my first movement in this matter, gave me fears of opposition. I was opposed on three grounds. First, it was objected that any considera- tion was due to cotton from Texas in preference to other foreign cottons which might be imported into the United States. Second, the Chamber is operating by memorial to Congress for the establish- ment of a *' warehousing system'* whereby to favour importations a In quoting the two phrases that follow here, the copyist should, of course, have used sing^ poiiita. Digitized by VjOOQIC COESESPONDENCE WITH THE UNITED STATES. 257 into this country as a transitu market, and it was objected that this might miUtate against that project. Finally, it was doubted whether your treaty could be ratified by the U. S. Senate in good faith with treaty stipulations between the U. S. and other coimtries. To the first objection, I answered, that I esteemed this a project complete in itself, that the nature of our trade with Texas made it necessary, to the preservation of that trade, that the reciprocal principles of the Treaty should be adopted. That the U. S. would receive bene- fits, from those principles, large and fully commensurate to any they could concede to Texas. It was for the interest of the U. S. both in her commerce and manufactures that the Treaty should be ratified, and this could not be mistaken or fairly opposed, as shown by the details of the report under consideration. I had no objection, if gentlemen wished to throw open our ports to cotton of other countries, to go with them on all proper occasions and to every extent of fair reciprocity in trade, as it never had been my belief that the ^^restric- tive'' was the best commercial policy of the U. S. But I did object to tacking to this movement any other project, not digested and which, at any time might be of doubtful propriety. To the second objection, I answered, if it could be shown in what point the ware- house bill was to be, or could be, prejudiced by this recommendation, I might find excuse for not urging my position. As appeared to me, we had to look to men of Uberal views, in Congress, for the carrying of both objects — these objects had strong analogies, and those who favored the one would advocate the other, while therefore, this might aid the ware house bill, it could not in any respect impair its chances. I opposed the final objection, by saying, gentlemen cannot for a moment suppose Mr. Webster and Mr. Reily to have overlooked the first principle on which a contract is based, viz, the right of the parties to enter into it without violating faith with existing obliga- tions between themselves and other parties; this was assuming too much. For myself, I did not doubt the U. S. had the right to grant particular privileges to a nation, which, as a consideration, gave particular and ample advantages in return. But suppose the objec- tion well taken, our memorial could work no evil. If the U. S. Senate have their hands tied by preexisting treaties, they cannot ratify this. We do not ask them to violate faith, but to act only so far as they can conformibly to it. I confess to you, I saw no point or force in any of the objections raised, but rather a narrow and iUiberal principle operating to the prejudice of strict propriety. But the result was I lost my object by the casting vote of the President of the Chamber". True copy of extract Chas. H. Raymond Secty of Legation 39728**~voL 2, pt 1—11 ^17 Digitized by Google 258 AMEBICAN HISTORICAL ASSOCIATION. [Next come copies of the following:^ Upshur to Van Zandt, February 6, 1844; Porter to Upshur, February 3, 1844; Van Zandt to Upshur, February 21, 1844 (two letters of tJbe same date).] (Mr. Van Zandt to Mr. Upshur) Lbgation of Texas Waahmgtm D. C. Feby ilai, 18U Sot In reply to my note of the 14th. of September, last concerning two negroes the property of Dr J. W. Robertson of Texas which were captured by the Indians and are now in the possession of James Edwards of the Cherokee nation, I have the honor to acknowledge the receipt of your note of the 6tli. instant, witli the accompanying copy of a letter of the Secretary of War of the 3rd. inst, communi- d^hig to the Department of State the deciseion of the War Depart- ment upon that subject, from which it appears that orders have bemi given to the Cherokee Agent to deliver up the boys in accordance with the 33rd. Article of the treaty of 1831. I shall hasten to communicate to my Govemmeat information of this determination, that the necessary steps may be taken to receive the negroes refered to from the Cherokee Agent. The proper decission of this long standing question will afford much satisfaction to the Qovemmeot of Texas. While it furnishes another evidence of the friendly disposition of the Govenmient of the United States, and of its deterooination to fulfill in good faith its treaty stipulations, it is at the same time calculated to exercise a most salutary influence upon the border tribes of Indians, who have heretofore committed their depredations upon the defenceless settlers of Texas, and fled to the United States where they have found a market for their captives and spoils. The Undersigned avails himself of this occasion to offer Mr. Upshur renewed assurances of his distinguished consideration. — (signed) IsAAo Van Zanikf Chargi d' Affaires qfTexas To the H April 11. Digitized by Google 276 AMERICAN HISTOBICAIi ASSOCXATIOV. The most careful attention will be rendered to the armaniMit pro- posed by the Govt, of the U. S. and direct communieation maintained with the Representatiye, Q&ol. Murphy, with whojn I am highly satisfied. This (jovt. wiU be as careful not to permii sli^t grouncte to produce alarm, or caU in acquisition their forces, m though it had to rely upon its own resources to vepeL an invadu^ enmmj. It is possible that the publications respecting the anaistice may have produced some effect in Washington: therefore, it is fiA that you should understand the subject exj^itly. In the instructions to our Commissioners they were aaeuired thaat no agreement would have a binding effect until it was referred to the President, and had his approve. That ajq^uoyal never has been given to it. Nor has any action been taken in conforsuty with its stipulations. One reason was alkuffieient to cause its rejectioa. Referring to Texas as a Department of Mexico, precluded all possi- bility of any official transactions under it. The Commissioners were excusable, because by signing it they obtained a safe convoy out of the country, which might not have been the case if they had refused their assent to the conditions. They were both well acquainted with Mexican faith and Mexiean perfidy, and would have been unwise to place any confidence in their pledges, when interest might have induced their violation. This despatch is written because several days would elapse before an express could reach Washington and return. It would at least delay communications a fortnight. Therefore as the Jouainese is important I do not care about official formality, tibe aubstaooe is what I am now after, and for that reasota I write. I have the honor to be, Oentlemea, Your Very Obt. Servt. Sah Houston. Houston to Jones .« MuBPHY to Calhoun.® Norton to Calhoun.« Jones to Van Zandt and Henderson. Department of Statb Wuahinjfim [Tex€s,] May id 1844 Gentlemen, The ''Armistice" so called signed by Commissioners of this Govern- ment and those of Mexico having been published it has been thought aAprU29,lM4. See Calflodar of CorreBpondeaoe with the United StatM tn Part L Digitized by Google CX)BBE8P0NDE1TCB WITH THE UNITED STATES. 277 expedient, to furnish ytm with the enclosed documents, m order that you may be better enabled to meet and obviate any difficulties which might be thrown in the way of a ratification of the Treaty lately con- cluded by you, in consequencerof such publication In my despatch of the 25th of March ^ enclosing you a copy of the proposed Armistice I explained "that it was only understood as a proposal, by our com- missioners, and that the President had not thought prop^ to accede to it". It was promptly rejected. By the enclosed copies of instructions given to our CBHGE WITH XSB UNITED STATES. 286 not rote.' You will see from the a{>eeche6 uutde during the dis- cussion (which we will send you as soon as we can collect them) that the majority of those who voted against ratifying the treaty^ are in favour of annexing Texas at some futiu^ period. It cannot be disguised that party con8iderati<»s influ^ioed many of those, who voted against the ratification, to oppose it. The question of the annexation of Texas to this Government has (as you doubtless have seen from the newspapers of tUs country) become strictly a party question between the democrats and wh%s in the priding contest for the next Presidency, and should the former party succeed in electing their nominee we can not doubt that Texas can be annexed under his administration, if she desire it. We called upon President Tyler this morning, and he informed us that he intended to send into the House of Representatives a message calling their attention to the subject of annexing Texas — ^he was then in consultation with his Cabinet on the subject; and asked us if we had any thing to say or furnish him, which he could commimicate with his message, but as we had received a few days since a communication from the Presi- dent, dated at the City of Houston May 17th, instructing us to press the measure of annexation no further on this Government, and directing the Undersigned, Special Agent etc, to take his leave and return to Texas, we did not feel ourselves at liberty to interfere, and therefore replied that we had nothing to say or communicate. Col Benton introduced a bill this morning, in the Senate proposing the annexation of Texas. From what we have learned of its pro- visions, it would not be acceptable to the Government or people of Texas, and will not recrive the support of either of the two great political parties in this country. We have the honor to be with great respect. Your Obedient Servants Isaac Van Zandt J PiNGKNST HbNDBBAON Calhoun to the Seoretaby op State op Texas [Jones].* Van Zandt to Jones.*' No. 123. Legation* op Texas Washington D. C. June ISth. 1844 Hon Anson Jones Secretary of State Deab Sib Since the date of our last dispatch the President of the United States has addressed to the House of Representatives a message upon a Hanntgan of iDdtaBs, iviM WM absent vtan tte ^ralB wat Mane 12, 1844. See Oreen to Jones, July 14, 1844. eL.8. Digitized by Google 286 AMERICAN HISTORICAL ASSOCIATION. the subject of annexation, which, upon its receipt by the House, was ordered to be printed and refered to the Committee of Foreign Affairs. No further action will likely be had upon the subject before the ad- journment. Our friends think it policy to await the action of the next session, or it may be possible that the President may deem it necessary to have a called session in August or September. While many object to any affirmative action at the present session, a very large majority of both Houses express themselves friendly to the measure at a future period. The indications of popular sentiment in almost every quarter, seem favorable to its ultimate success, should Texas continue to desire the Union. On to morrow, or as early as I can collect them, I shaU forward to your Department a large number of papers and documents, which will enable you to see both sides of the case as represented here. The friends of Texas in this coimtry are determined to press the question, unless our Government shall decline its further prosecution. Having, at the time of my departure for Washington, left much of my private business in an imsettled state which requires my personal attention at the earliest day possible, I beg leave, through you, most respectfully to tender to the President this my resignatjon, and request that I may be furnished with my letter of recall as soon as the same can conveniently be forwarded to me. My resignation is forwarded at this time with a hope that I may be enabled to reach home by the commencement of the faU courts- It may however be possible that the President of the United States may determine to call an extra session of Congress, for the purpose of settling the question of annexation. In that event I should be desirous to remain during the session. Should Oeneral Houston, therefore, deem it not improper, I hope I may be so instructed. With great regard Your Obedient Servant Isaac Van Zandt P. S. The joint dispatch of the 10th inst was numbered "121,^* when it should have been 122. Please make the correction. Yours etc Chas. H. Raymond Van Zandt and Henderson to Jones.** No. 124 Legation of Texas Wdshington D O June 15th 1844 Hon Anson Jones etc etc etc Dear Sib In pursuance of the instructions of the President, on day before yesterday we called upon the President of the United States and aL.8. Digitized by Google OOBBESPONDENCB WITH THE UNITED STATES. 287 made known to him the desire of our government that the present position of the military and naval forces of the United States sta- tioned upon the borders of Texas should remain unchanged. To this the President replied that no important change would be made in the previous orders and arrangements except that the commanders would be directed to correspond with the United States Charg^ d' Affaires in Texas instead of the President of Texas as heretofore. The President of the United States also expressed his determination to do every thing in his power which might contribute to our security, with the hope that the embarrassments at present attending the question of annexation might in the mean time be removed. The Congress will adjourn on Monday next the 17th Inst. The President has not determined whether he will call an extra session or not. He remarked in the interview which we had with him that should public sentiment seem to demand it, in that event he should think it proper to issue his proclamation for that purpose. We would suggest the propriety of with-holding from the public so much of this despatch as relates to the Army and NaVy of the United States, We have the honor to be most Respectfully Your Obt Servants, Isaac Van Zandt J PiNCKNEY HeNDEBSON Monday A M 17th. P. S. Genl Henderson left yesterday for Texas by way of Phila- delphia. Besply. Van Zandt Van Zandt to Jones.* No. 125. Legation of Texas Washington D. C, June 18th. 18U Hon Anson Jones Secretary of State Deab Sib Thompson, the bearer of dispatches sent to Mexico by this Govern- ment, returned on yesterday to this city. He saw Santa Anna, but made no arrangement with him, not even submitting any distinct proposition for the decission of the Mexican Government. He thinks Mexico, from the depressed state of her finances and the probabilities of an internal revolution, is wholly imable ever to make any move- ment of a serious character against Texas; and that she does not con- aL.S. Digitized by Google 288 AMERICAN HISTORICAL ASSOCIATION. template a war with the United States, on account of annexation should it take place. Mexico has failed to pay the last installment due to this country upon her debt. There is evwy probability of a coUission between her and France whose fleet is already on the Mexi- can coast. A difficulty, growing out of the murder of an Englishman, has resulted in angry correspondence with the British Minister. These comprise the substance of the intelligence brought by Thompson. On yesterday the Congress adjourned ''sine die ". Most respectfully Your Obt. Servt. Isaac Van Zandt. WoLx, TO Houston.* Jones to the Segrbtart of War [Pc»tbr].^ Parker to Calhoun.* Van Zandt to Jones.* No. 126 Legation of Texas Washington D. C. July 6th. 18U Hon Anson Jones Secretary of State Sir Since my last dispatch I have had a full discussion, with Mr. Calhoun, Secretary of State of the United States, on the subject of the outrage, committed by citizens of this country upon the collec- tor of Red River District, and rescue of goods in his possession. I hope soon to be able to report to your department a satisfactory adjustment of the matter. I am informed by Mr. Calhoim that Capt Cooke has been acquitted by the Court Martial appointed to try him, and that he will make a communication to me, in the course of a few days, on the subject, which when received I will immediately forward to your department. I have the honor to be with great respect Your Obedient Servant, Isaac Van Zandt a Jane 19, 1844. Copies sent with Jones to Van Zendt, July 13, and Jones to Howard, August 6, 1844. See Calendar of ConespoBdeace with ttra United States In Part I. fr Jane 27, 1844. Bee Van Zandt to Jones, August ,1844. «L.8. Digitized by Google cjobrespondbncb with the united states. 289 Houston to Jones.® Jones to Van Zandt. Department op State, Washington [Texas], July ISth 18U. To the Hon. I. Van Zandt, Charg6 d^ Affaires of the Republic of Texas. etc etc etc Sm, I have the honor to acknowledge the receipt of your several de- spatches to the 18th of June Ulto. In consequence of the absence of the President and a pressure of business upon the Dept., I write you at this time very briefly. In a private letter which I recieved from his Excellency yesterday, he says "I enclose you a letter from Mr. Van Zandt in which he announces having sent his resignation to you. You will accept his resignation in the most courteous terms and express to him the confidence of the Executive in his patriotism and integrity"* In accepting the tender of your resignation, allow me to add to the expression of the President the assurance that the Department has every reason to be satisfied with your conduct as Charg6 d' Affaires, at Washington and with the very able zealous and faithful manner in which you have discharged all the arduous duties which have from time to time been devolved on you. The interests of the country have been well sustained by you and I devoutly hope you may live to enjoy its approbation and its highest rewards. I regret that circumstances have rendered your resignation necessary but am well aware that the compensation is not sufficient to support you and justify you in longer neglecting your private affairs Enclosed I send you your leave of absence to be presented to the Secretary of State of the U. S. whienever you are ready to leave. It is not deemed necessary that you should remain, at your post to await a call of the U. S. Congress nor is it the wish of the govt that you should stay even if a Special Session should be determined on. It is my desire that the matter of compensation to Texas by the U. S. for the goods taken from our Collector at Bryarly's landing and the arms etc taken from Col Snively's command should be pressed upon the consideration of the U S Government On leaving you will place the archives of your legation in the Hands of Mr Raymond, who will act in the capacity of Charg6 untill an appointment is made of a successor A July 8, 1S44. Bee Calendar of Correspondence with the United States in Part I. b The letter was dated July 8. See Calendar of Correspondence with the United States In Part I. 39728*'— VOL 2, pt 1—11 19 Digitized by Google 290 AMEBiCAN HIBTOBIOAI^ ASSOCIiLTIOy. Enclosed I send for your information Copies of two letters lately reed one from Gen. Murphy Chai^6 d' Affaires of the U. S.** the other from Gen Adrian WoU announcing to Texas a resumption of hostilities on the part of Gen. Santa Anna^ The complaint set up by Gen Santa Anna that Texas has acted perfidiously in not sending Commissioners to Mexico agreeably to the terms of an Armistice proposed at Sabinas by the Commissioners who were senJt there is without any just foundation in fact. As it was one of the expressed and agreed conditions upon which those Conunissioners were sent that any agreement which might be made by them should not be of any force unless confirmed by the Supreme Govt, of Mexico on the one part and Texas on the other* This Govemmeiit imuke- diately on its receipt, rejected this proposed Armistice, information of which was informally given to Capt. Elliot^ the medium of com- munication between us «Ad Meodco. On the oth^ hand, the Supreme Govt, of Mexico failed to give us notice that she had approved the acts of her Commissioners. So tha^ both by the act of rejection on the part of the Govt., and the omission on the part of Mexieo to notify Texas that she had approved and confirmed the Axmistice the same was void and utterly nulL The true cause of this renewal of hostilities I presume to be the negotiations between the U States and Texas for Annexation I have the honor to be with the highest respect Your Obt. Svt. Signed Akson Jones Gbbbn to Jones.* Consulate of the Untted States Galveston July IJfii, 1844, To Tiie Hon Anson Jones Secty <{f iSfcrfc of0ie SepfMic of Texas. Sm The Undersigned Consul of the United States at Gahwton has the painful duty to p^orm, of announcing to the Honorable Secaretary of State of Uie R^ubUc of Texas, the death of the Honorable WiBiam S. Murphy, late Oiarg^ d' Affaires of the United States near this Government. This -sad event took place on the morning of the Idth. instat l.SOOdock. Among the Archives of the Legation f alUng to the custody of the Undersigned by this event, is a communication from the Secretary a This letter has not keenfosBd. 5 Dated June M.lMi. • See Eeoords of Department of State (Texas), Book 42, p. 611, for both this letter and Its InolosaEe. Digitized by Google CJOREBePONDSNCB WITH THJS UNITES) STATES. 291 af State of the United States to GM:ieral Murphy iiiforming him of his rejection by the Senate, and ^icloang the communication to the Honorable Secretary of State of Texas, herewith forwarded In [M-es^iting the commimicaUon r^ened to, and in taking leave of the Chief Magistrate of this Republic, General Murphy is enjoined by the Secretary of State of the United States to renew to the Gov- ernment of Texas, assurances of the friendly disposition of the President of the United States towards this Republic, and of his hope that it will be reciprocated, and that nothing may take place which will have a tend^DLcy to weaken that disposition on either part. The Undersigned takes this occasion to inform the Honorable Secretary of State, that by instructions from his Government he has taken char^ of the Archives of tjiis Legation until the successor of General Murphy shall arrive; and that during this interim it wUl give him great satisfaction to cummunicate \dth the Honorable Secretary of State upon any subject that may arise of mutual interest to this country and that of the United States. By recent advices from the South west, the undersigned has leajioed that a bearer of dispatches from the Government of Mexico has proceeded to the Seat of Government of Texas, and that under the present existing circumstances he will be excused for requesting at this eariy moment to be made acquainted with such parts of the subjects of those dispatches as may be interesting to his Governments in order that he may communicate the information without delay, to the Honorable Secretary of State of the United States. The Undersigned avails himself of this occasion to assure the Hon Secretary of State, of his hi^ consideration and respect. A. M. Gbebn [Here follows a transcript of the enclosure referred to, Calhoun to the Secretary of State of Texas, June 12, 1844, announcing the recaU of Murphy.] Hats to Hill.^ Jones to Gbeen. Department of State Washington [Texas,] July ggd 1844 Snt, I have the honor to acknowledge the receipt of your note of the 14th Inst, announcing to this Department the melancholy intelligence of the decease of the Hon. Wm S. Murphy late Charg6 d' Affaires of aJi]l721,1844(eztTaot). Copy seat wtth Jones to How<^Aggi]St^ 1844. SeeCf^tendarofCorrespoiid- enoe with the United Stat^ in Part I. Digitized by Google 292 AMERICAN HISTOBIGAL ASSOCIATION. the U. States near this government, and that by instructions of your government you had taken charge of the arcMves of the Lega- tion imtill Gen. Murphy's successor should arrive etc. accompanying which was a letter from the Hon. Secretary of State of the United States addressed [to] this Department. The friendly sentiments towards this Republic which on behalf of the Govt, of the United States, Gen. Murphy was enjoined to make known to this Government, a duty which his lamented decease pre- vented him from performing but which you have now executed, are I beg leave to assure highly appreciated, and fully reciprocated, by this Govt. In reply to your request to be made acquainted with, such parts of the despatches lately redeved by this Govt from Mexico as might be interesting to the government of the United States I have the honor to inform you that copies of those despatches were some days since forwarded to Mr. Van Zandt our Charg6 d' Affaires at Washing- ton who will, I doubt not, communicate the desired information to the Hon. Secretary of State of the United States, without delay. Be pleased to accept, Sir the assurances of the high consideration and regard with which I have the honor to remain Your Most obt. Servt. (Signed) Anson Jones To, A. M. Green Esq. U.S. Consul etc, etc, etc. Bbowbb to Van Zandt.® Houston to Santa Anna.* Hill to Woll.* Jones to Raymond. Department of State WasUngton [Texas] July 29th 1844« To Charles H. Raymond Esq. acting ChargS d" Affaires of Texas etc etc etc Sm, The Hon. Isaac Van Zandt having resigned the office of Chargfi d' Affaires of this RepubUc near the Govt, of the U. States it is the a July 27, 1S44. See Van Zandt to Jones, August 8, 1844. fr July 39, 1844. See Jones to Raymond, August 6, 1844. p ReoelTed August 28. See Raymond to Jones, September 12, 1844. Digitized by Google COERESPONDENCB WlTH THE UNITED STATES. 293 desire of the President that you should assume the duties as acting Charg6 untill a Successor shall have been appointed and arrived at Washington City. You will take the earliest opportunity to notify the Government of the United States that a Council will be held at Tawacoro* Creek near the Brazos on the 15th Sept next between Commissioners of Texas and the Conmianche and other Indians who reside within and upon our limits, and invite that Government to send a Commis- sioner or agent to be present at that time and place, to aid in pro- moting the reciprocally important object of effecting a peace with these Indians. The place fixed upon for holding this Council is the same at which the Council was held in March 1843 at which Govr. Butler was present. The time is fixed for the 16th Septr. but it is not very probable that the Indians will come in exactly at the day appointed or that much will be effected before the latter part of the month. Should a Commissioner or agent be sent to attend this Coimcil on the part of the U. States it would be desireable that he should be attended by a large escort of Dragoons not that any danger is appre- hended to the Commissioners but for the purpose of making an impression upon the Savages I have the honor to be with the highest respect Your Most obt Svt (Signed) Anson Jones Addbess of Howard to Jones.* Address of Mr. Howard on presenting his letter of Credence to the Hon. Anson Jones Secretary of State of the RepabUo of Texas. On presenting to you, Sir, this letter of Credence from my Govern- ment, I am instructed to express to you, the warm interest felt by the President of the United States, in the happiness and prosperity of the Government and people of Texas, and the earnest desire which animates him to preserve and strengthen the bonds of good feeling and kind relations which now, so happily, subsist between the two countries. In addition to this expression of the feelings and sentiments of the President, I avail myself of the occasion to add, that similar senti- ments are cherished by the people of the United States, and that at no former period has a deeper interest been felt, for the welfare and prosperity of the people and government of this RepubUc, than exists at the present time. aTavakana. » A. D. undated, but Inserted between the 2nd and 6th of August, 1844. See Howard to Jones of the former date, and Jones to Howard ot the latter. Digitized by Google 294 AMEBICAlff HISTORIClL ASSOCIATION. During- my residence here, Mr. Secretary it will be my study to promote and strengthen the bonds of friendship between the two countries — a course which I can adopt with great cordiality, in view of the common origin of our people, and that identity of interest, which seem so clearly to point to our destiny. It remains my painful duty, further to say, that the gratification I feel in being the orgMi of my Government in the expression of these sentiments, is much tempered by the chastening circumstances which have attended my arrival in this Republic, in the death of two distinguished feDow citizens — Gen Murphy and Col. Green, two of our public functionaries. I hare been, however, much consoled by the generous sympathy which I have every where met from your people. This is the more consolatory, as it will be evidence to their friends and afficted f uni- lies at home, of the confidence and respect, which, I have the satis- faction to know, were enjoyed by them amongst the citizens ot this Republic. JONBS'S RSFLY TO HoWAmp's AlH>BB88.^ Reply of Mr. Jones to the address of Qen. Howard General, I take great pleasure in receiving and recognizing you as the accredited representative of the United States to Texas; and in assuring you that the friendly sentiments and kind wishes which you have expressed on behalf of the President of the United States and the people of that country towards the government and people of this, are highly appreciated and fuUy reciprocated by the Presi- dent and people of Texas. Adverting to the fact of your former connexion with the President of Texas and the intimate personal relations which have for a great length of time existed between yourself and him rendering your appointment, so very acceptable to his Excellency I am happy to witness in your selection as their Representative here another proof of the friendship of the United States, towards Texas I shall take much pleasure General, in co-operating with you in the work of preserving the good understanding which now so happily exists between the two countries, and in drawing still closer the ties which should unite them. In the performance of a duty so agreeable to myself I am well satisfied I shall be acting in accordance with the wishes and the feelings of the people of Texas who ever mindful of the identity of the origin language laws and customs of the two nations ardently desire united destiny. The sentiments which you have expressed, on this occasion in refer- ence to the recent melancholy death of the two distinguished func- a See title of Howard's address, note. Digitized by Google COItBBfi£»OND£KC& WITH TBB TTHITBD STATES. 295 tionaries of you[r] gov^nunent, Gecu Murphy and CoL Oreen are very proper, and I aasTire you of the sympathy I feel m common with c^ our fellow citizens, at the loss which their country as well as their friends and families haye sustained, by this afflictive dispemsation of divine providence. Jones to RArMON».^ [Transmits copies of the following: Houston to Santa Anna^ July 29, 1844;^ Hill to WoU, July 29, 1844.<'1 Hnx TO Jones. ** Jones to Howaiid/ [Inclosed were Hays to Hill (extract), July 21, 1844; WoU to Hous- ton, June 19, 1844; Hill to Jones, August 6, 1844.] HowABD TO Jones./ Jones to Ratbionb. Department of State WaaUjigton [Texas,] Augt. 6th I844 To C. H. Raymond Esq. acting Chargd d^ Affaires of Texas Sib, Information has just been recieved through Col. J. C. Hays com- mandmg on our South Western frontier, that Mexico is actually about to make a hostile movement upon this country. Enclosed herewith I send you the copy of a letter from the Hon. G. W. Hill Secretary of War and Marine addressed on to-day to this Depart- ment with the accompanying documents marked A. and B. which will place you more fully in possession of the particulars in relation to the immediate expected movements of the enemy .^ a August 5, 1844. Bee Records of Department of State (Texas), Book 44, p. 322. Tlii» dispatch wm received August 23. See Rasrmond to Jones, September 12, 1844. h See Calendar of CorrespondeBoe witti tiit Untted States la Part I. « See Correspondence with Mexloo. d August 6, 1844. Copylnclosedwith Jones to Howard, August 6,1844. See Calendar of Correspondence with the United States in Part I. « August 6, 1844. For this letter and its indosures, see Calendar of Cofraspondeaoe with the United States tn Part I. / A. L. S., Augnst 6, 1844. See Calendar of CorrespoDdenoe with the United States in Part I. 9 The inclosnres are the same as those sent to Howard, August 6, 1844, except that Howard's reply is added. For this, see Calendar of Correspondeoee with the United States in Part I. Digitized by Google 296 Ali£EBICAN HISTORICAIj ASSOCIATION. Information recieved from the city of Mexico through the agent of the United States Oovemment there^ has made known the fact that, Oen. Santa Anna is engaged in raising funds, and recruiting an army for the avowed purpose of attempting to subjugate Texas and that in pursuance of his design he has already despatched a number of troops from the city of Mexico and is concentrating them and other forces upon the Rio Grande. The fact, that the negotiations for an armistice in progress at Sabinas in Feb. last were suddenly interrupted upon the receipt of the intelligence by Mexico that a proposition for the annexation of Texas to the United States had been submitted by the latter country, and that subsequently the information of the conclusion of the treaty had given great umbrage to the Mexican Govt, taken in connexion with the letter of (Jen. Woll^ seems conclusively to indicate that these movements of the enemy have been caused, by pending negotiations between the United States and Texas on the subject above referred to. I have consequently called this day upon Gren. Howard, Chargfi d' Affaires of the U States requesting him to take early action upon the assurances given to this Govt, by Gen. Murphy and by Mr. Cal- houn, and that the promised aid might be rendered to Texas by his Government. Enclosed herewith is a copy of his reply to my communication by which you will perceive that Gen. Howard thinks it necessary to refer the whole matter back to his government for its action, and to await instructions from the City of Washington. This delay has given great dissatisfaction to the President It was his impression that he should at any time in case of threat- ened danger to Texas command the aid of the Military and Naval force of the United States in the Gulf and upon our frontier. This was expected to be rendered in case of emergency like the present, even, without the delay of an appeal to the government at Wash- ington It is the wish of the President therefore that you should immediately make known to the President of the United States his imderstanding of the pledges given for the security and protection of Texas during the pendency of negotiations for Annexation, and his conviction of the importance to the success of that measure of immediate action on the part of the U States government, in the employment of their land forces on our frontier in preventing the threatened injury to Texas; and of such other means as may be deemed adviseable and proper for the same object. TTiis Government trusts that the action of the United States in reference to this subject will be prompt and efficient, a course which a One of the indosorai. Digitized by Google COBBESPONDBNCB WITH THE UNITED STATES. 297 you will urge upon them by every consideration in your power to offer. Gen. Howard despatches an express to-morrow to Gen. Taylor at Fort Jesup by whom I shall send you this communication. Shoidd not the required aid be rendered by the United States, it is probable you will be instructed to break off all negotiations having for their object the annexation of Texas to the United States, nor can we wait beyond a reasonable time for their determination to be made known. I have the honor to remain very Respectfully Your Obt Svt (Signed) Anson Jones Howard to Jones.* Van Zandt to Jones.'' No 127. Legation op Texas Wdshington [(Kty] August 8th. 1844 Hon Anson Jones Secretary of State Deab Sir I have delayed writing to you for some time, with the expectation daily of receiving something from yoiu* department. The Steamers having left for New York, and all commimication being thereby rendered uncertain I shall delay no longer. In my last dispatch I informed you that I anticipated an early and satisfactory adjustment of the Red River difficulty.*' I had just then had an interview with Mr. Calhoim in which I submitted to him the points upon which we rested the claim for indemnity, to all of which, after some Httle discussion he assented, and promised to submit the matter to the President for his determination, at the next Cabinet meeting. This he did, but instead of the President's approving it, he and the cabinet all dissented. The Attorney Gen- eral, Mr. Nelson then drew up a written and lengthy opinion in oppo- sition to the demand, after which Mr. Calhoim sent for, and made known to me the result, submitting to me the opinion of the Attorney General for my inspection and consideration. Upon an examina- tion of it with, all the other objections urged, I informed Mr. Cal- houn that if he would make me a communication upon the subject • August 7, 1844. See Calendar of Correspondence with the United States in Part I. *L.S. e The attack on Collector Bourland. See Bourland to Secretary of Treasury of Texas, May 4, 1843, In Calendar of Correspondence with the United States in Part I. Digitized by Google 208 AMEBICAN HISTORICAL ASSOCIATlOir. in reply to my former demands, I was prepared to enter upon the discussion. He then suggested that it would perhaps be more satis- factory to discuss it, first, verbally, at the Department, and that, then, in the event we did not agree, the written correspondence might be opened. To this I assented, bdieving they would more readily abandon their position before the committal cm paper against the demand, than afterwards. On the next day I repaired to the state department where we took up the matter and discussed it near two hours each day for about a week, exploring the whole range of cases and authorities from the earUest writers up. The result was that at the end of the investigation my positions were fully admitted by the Secretary of State, and I understand sanctioned by the majority of the Cabinet. Mr. Calhoim then drew up a formal reply acknowledging their Uability for the damages. Before sending it to the President he submitted it for my inspection, after some sUght modifications I told him it would be satisfactory. The com- munication was then forwarded to the President who had gone to Norfolk. Upon an examination he dissented from some portion of the conclusions of Mr. Calhoun and returned the commimication, suggesting certain modifications. On the receipt of this answer Mr. Calhoun sent for me and expressed a desire that the case should rest until the President returns to the city, which will be in the coiu^e of the present week; when he anticipated a removal of every diffi- culty. To this coiuse I have consented. I have been thus explicit that you may understand the cause of the delay. You will of course have seen that the Mexican Congress have voted Four millions of dollars and thirty thousand men for the invasion of Texas, also the manifesto of Genl WoU to Genl Houston* declaring the intention to re-commence hostiUties against Texas. I have seen likewise the correspondence both official and private, of the United States Charge de' Affaires in Mexico to the State Department here. From a survey of the whole facts that have been developed I think we may conclude that it is the intention of Santa Anna, again, to commence the war upon some scale, the measure and extent of which will much depend upon the encoxuragement that he may receive abroad. If England winks at the measiu'e, we may look out for a formidable effort. England will of course view all the circum- stances, and pursue that poUcy which her interest may seem to dictate. There is no occasion for a panic in Texas, and [it] should by all means be avoided. You know the pledges of the President of the United States. I think we may rely with every confidence that they wiU be fulfilled. Your Representative here should be kept advised as frequently as possible upon this subject, and especially as to the views and wishes of the President. a That is, the letter of June 10, 1844. Digitized by Google COREESPONDENCE WITH THE UNITED STATES. 299 There is advertised to be sold on the 20th. Inst, a large amount of the pubhc arms at Ne^r York. I am endearouring to get the sale, of three thousand stand of them, suspended until we can see whether we need them or not. They can be got low, and it may probably be to our advantage to secure them, especially if we can do so in such way as to pay for them out of any indemnity we may get from this Govenmient. Z merely make the suggestion in order to have the opinion of the President upon the subject. The two Mexican Steamers now repairing in New York, I learn from Mr. Brower are making great efforts to complete their works and outfit. I send you a copy of Mr. Brower's letter. The suggestion which he makes in regard to the effort to seize the vessels I think might be successfully attempted near New York. I went to Balti- more a few days ago partly to see what could probably be done. If the proper papers and powers were placed in the hands of your Repre- sentative here, with proper caution and energy, I think arrangements might be made to seize them, without a dollars expense to Texas, by proposing to some proper individual the spoils, or a portion of them for pay. The vessels will not likely get off before the 1st. of October. I expect by the next mail notice of the acceptance of pry resigna- tion. I hope my successor if one has been appointed may arrive with my recall, that I may be able to explain the situation of matters here, as present appearances indicate that this will soon be the theatre of important action in our affairs. « « « « « « 4ea Since writing the foregoing I have seen Mr. Calhoun who informed me, that it was stated in the dispatch just received from Mr. King the American Minister in Paris that in an interview, which that gentleman had with the King of the French His Majesty told Mr. King that they wished Texas to femain independent, upon commer- cial groimds, but would take no part in any controversy growing out of the question of annexation. I remain with high regard Yoiu* Most Obedient Servt. Isaac Van Zandt (Eztnct of a lettar from Mr. Brower to Ifr. Van Zandt, referred to In tho fotBgotng dispatch.) ^'Consulate of Texas Neu) York July 271%, 1844 Deab Sib You are aware the Mexican War Steamers, ''Gaudalupe" and ''Montezimia"* are here undergoing repairs. I was told a few days a Here Is omitted a paragraph relating to Van Zandt*8 salary. » These were the two vesseto bant hi England in 1842 and allowed to go to sea in spite of the protests of Charge Ashbel Smith. Bee Smith to Aberdeen June 14, 1842 (the protest), In the Correspondence with Great Britatai. Digitized by Google 800 AMEBICAN HISTORICAL ASSOCIATION. since, by a person who saw it that there appeared much anxiety on the part of the officers to hurry forward the work — from which he supposed Dispatches may have been reed., pertaining to the part they may be designed to take in Santa Anna's new project for the invasion of Texas. If any part, naturally, the object would be to use them for blockading the Texian shipping ports, especially that Texas, now, has no Naval force in commission. It has appeared to me that the Government and people of Texas should look to the pro- tection of their sea coast, and without any bustle, but as quietly as possible plan some expedition by which to board and take those Steamers if they appear off Galveston. It appears to me an ordinary Steamer, under American colors, properly manned with men of right nerve, well equipped, might accomplish the object. Of course it is for you to make any suggestion you may please, to the Texian Execu- tive upon the subject." Van Zandt to Calhoun.** Oalhoun to King.* Calhoun to Van Zandt.« Van Zandt to Calhoun.<* Van Zandt to Jones.« No. 128 Legation of Texas Washington D. C, August 16th. 18U Hon Anson Jones Secretary ofStaie Sir I have the honor to enclose you herewith the note of Mr. Calhoun of the 14th. Inst, together with the documents which accompanied it, and my reply of this date to the same. If the JPresident shall acquiesce in the acquittal of Captain Cooke, and the offer to return or make compensation for the arms, it will only be necessary to indicate at what point the arms are desired to be dehvered. If it be wished, new arms will be given instead of those taken. If a monied compensation be prefered, it will be necessary to await an appropriation by Copgress. As the arms will likely be needed in the country, and less difficulty would attend a August 10, 1844. Bee Van Zandt to Jones, August 19, 1844. b August 12, 1844. See Calendar of Correspondence with the United States In Part L «Augustl4,1844. See Van Zandt to Jones, August 16, 1844. d August 16, 1S44. Bee Van Zandt to Jonee of same date. «L.8. Digitized by Google COBBESPONDENCE WITH THE UNITED STATES. 301 their acceptance, it seems to me it would be policy to receive them instead of awaiting the tardy action of Congress. I have been told that Captain Cooke has a letter from Colonel Snively in which he expresses his gratitude for the kindness shown him by Cooke. If this be true, perhaps it would be unnecessary to prosecute the case further. I hope the President will be pleased at the prospect o*f a favorable adjustment of the Red River difficulty.^ The assurances given are perhaps as favorable as we could expect under the circumstances. In fact as to the Uability, every thing is conceded which could be desired. If I had had "full powers" for the purpose, it would have been more formal to have concluded a convention, but not having them I think the matter is as well shaped as could be. The Affidavit of the Collector and others as to the introduction, seizure and value of the goods will be all sufficient, to transmit to the Congress of the United States, but these should be obtained and forwarded to this Legation as early as possible. I told Mr. Cal- houn during the discussion I was of opinion, although not authorized to say so officially, that our Government would be willing, as an act of courtesy, to relinquish the claim for damages so far as the property actually belonged to the United States. I should be much gratifyed if my opinion as thus expressed should be sanctioned by the President. We have no further news from Mexico. The papers of yesterday contain a nunor that the Mexican loan of four millions had been taken by Great Britain, but I think there is nothing to substantiate the report. We have no mail yet from Texas. The President and Cabinet are discussing the propriety of a caP of Congress to consider how far Texas should be protected against Mexico. This is Cabinet day, and if anything important transpires I will advise you of it to morrow. With great respect, Yr Most Obdt. Servt Isaac Van Zandt [Here follows a copy of Calhoun to Van Zandt, August 14, 1844.*] :partment April 24, 18U Sib I respectfully transmit herewith an extract of the proceedings, containing the opinion, of the Court of Inquiry held at Fort Leaven- worth, Missouri, under the orders of the President, in the case of Captain Cooke of the U. S. Dragoons, in relation to the discharge a See note e, p. 207. b See Calendar of Correspondence with the United States in Part I. (Copy) ,^ ^ Wab Department Digitized by Google 802 AMERICAN HISTOBIOAL ASSOCIATION. of the duty assigned to him for the protection of the Caravaa of Santa Fe traders over the territory of the United States to the Texan frontier in May and June 1843. Very Respectfully, Your Obdt. Servt Wm. Wilkins, Secretary of War Hon John C. Calhoun Secretary of State. <^py> Adjutant General's Office Washington April Zlfii. 1844 Extract of the proceedings of the Court of Inquiry held at Fort Leavenworth, Mo, in the month of April, pursuant to "general orders" No. 6, dated February 28th. 1844, instituted by order of the President, "to examine into and report the facts respecting the manner in which Captain P. St. George Cooke, of the United States Dragoons, discharged the duties assigned to him for the protection of the Caravan of Santa Fe traders over the territory of thae United States to the Texan frontier in May and June 1843, whether, in his march, he disarmed the Texan force under Colonel Sniveiy, if so, in what territory and in what manner; and whether his conduct was harsh and imbecoming." "The Opinion''. In view of the foregoing facts, the Court is of opinion, that Captain P. St George Cooke, of the Regiment of United States Dragoons, on the 30th. of June 1843, disarmed a Texan force under Colonel Sniveiy, within the territory of the United States, by causing <^6m to lay down their arms, under an appropriate exhibition of military force of United States Dragoons; and that there was nothing in the conduct of Captain Cooke that was harsh and unbecoming" The Court is further of opinion that Captain Cooke did Bot iexeeed the authority for the protection of the lawful trade of the Sctnta Fe Caravan, "derived from the orders of the Secretary of War to the Commanding General of the army, dated March 28th. 1843, and of the Adjutant General to Colonel Kearney,^ dated March 29th. 1843", and that the confidence reposed in him by his Government was not " in any degree misplaced". The Court then adjourned sine-die (signed) H. S. Turner Ist Lieut and Adjt Dragoons Recorder of Court (signed) S. W. Kearney Col U. S. Dragoons President of Court True Copy (signed) R. Jones Adjt. Oenl. a Kearny. Digitized by Google 00BBB6P0NDENOB WITH THE UNITED STATES. 30S (Copy.) War Department June 27, 18U Sir In answer to your communication of this day, I have the honor to transmit h^i^-with copies of two letters of Wm. Armstrong Esq. Acting Superintendent of Indian Affairs West, and Choctaw Agent,* and a report erf the Adjutant General of the Army, which contain aU the information required, and not embraced in the letter of the SeCTetary of War to the Department of State, on the 11th. of May 1843, so {«Lr as it ean^now be furnished by this Departm^at. I have the honor to be Very Respectfully Your Obedt. Servt D. Parker AdgSecyafWw To Hon. Jno. C. Calhoun Secretary of State. (Copy.) Adjutant General's Office Washington, June 27, 1844 The Hon. Secretary of War, Sir I herewith submit a copy of Brigr. General Taylor's report of the 2nd. of April, (marked B) relative to the protection alledged to have been given by an officer of the Army of the United States to persons concerned in an assault upon the Collector of Red River in the Republic of Texas, etc refered to in the letter of the Secretary of State trf this date, being the result of the inquiry directed to be made in the matter, as seen by instructions from this office to Genl. Taylor of the 11th. March, of which a copy is herewith furnished, (marked A). I also submit herewith a copy of Lieut Colonel Loomis' report (the officer implicated) to Genl. Taylor, dated April 20th. 1843, which accompanied the General's communication of April 2. (Marked C). These are all the papers which have been received rela- tive to the subject. Respectfully submitted. (signed) R. Jones Adjt. Oerd. • Neither of these two copies Is on file with that of Parker's letter; but they most have been those of the two commtmicatlons of Armstrong to Crawford, one of April 10,1843, and the other ondated, that were enclosed with Van Zandt to Jones, Aogost 15, 1843. Digitized by Google 304 AMEBICAN HISTORICAL ASSOCIATION. (Copy.) Adjutant General's Otficb Washington March 11th. 1844 Sir You will see by the correspondence, copies of which are herewith enclosed, between Isaac Van Zandt Esq. Charge d' Affaires of Texas, and the Secretary of State, (and the accompanying papers) relative to an alledged assault upon the Collector of the Customs of Texas, for the District of Red River, and violation of the revenue laws of that RepubUc by sundry citizens of the United States, that com- plaint is made against Lieut. Colonel Loomis, commanding at Fort Towson, it being alledged that he protected the said assailants, in their persons and property, by placing a guard on board the Steam Boat "Fort Towson". I am therefore directed to call your atten- tion to this complaint against the officer of the army named, and that you report thereon for the information of the War Department and the Government. I am sir, very Respectfully Your Obdt. Servt (signed) R. Jones, Adjt. Oenl. Brigr General Z Taylor Cu3t received. You will perceive from my note to Mr. Calhoun that I derived the information concerning the boys through the letter of Mr. Upshaw Chickasaw Agent. I have no knowledge of their names or ages. It was stated by the Indian Chief who gave the information to Mr. Upshaw, that their parents were murdered at the time of their capture. The boys will no doubt be recovered and sent to the Chickasaw Agency. Would it not be well to publish the fact that the friends of the boys may take the necessary st^s to secure their safe return ? • See Calendar of Correspondenoe with the United States in Part I. h August 16, 1844. See Van Zandt to Jones, August 19, 1844. eAugust 17, 1844. See Van Zandt to Jones, August 19, 1844 . 'L.8. Digitized by Google G0BBB8P0NDSNCB WITH THE UNITED STATES. 307 I did not deem it necessary to await your instructions in this mat- ter, but thought it best to act promptly lest the delay might embar- rass the object. I hope the steps I have taken may meet the appro- bation of the President I have just received a letter from Mr. Brower, dated 16th. instant, in reply to certain inquiries which I addressed him respecting the Mexican Steamers now at New York. I send you an extract of the same. In a few days I expect to hear from him again when I may think proper to write you further on the subject. With the highest respect I have the honor to be Your Most Obedt. Servt. Isaac Van Zandt [Next come copies of the following :<» Van Zandt to Calhoun, Augtist 10, 1844; Calhoun to Van Zandt, August 17, 1844.] (Extract from Mr. Brower's letter to Mr. Van Zandt) "Consulate op Texas New York August 16th, 18U Dear Sm I acknowledge with pleasure your much estd. letter of 12th inst. I have heard it rumored that the Steamers "Guadalupe" and "Montezuma" are to be manned, or partially so with U. S. seamen when they leave here, but as yet, I am not enabled to write you with that degree of certainty upon this point which I hope to do in a few days, having a friend, who can approach the matter in the right place, as I think, now seeking information for me. I think with you, it might not be policy to interfere with the ship- ment of the crews of these steamers — except so far to have knowledge of the fact, as to rebut any charges by Mexico against the United States and her citizens for doing towards Texas that which, in repeated cases, Mexico has attained for herself. Nor do I believe but that Amer. seamen on board these ships might easily be taught to feel more patriotism for Texas than Mexico, provided a few good and sagacious friends of Texas could be shipped on board each vessel. There can be but little doubt that England is endorsing Mexico in the proposed campaign. England prefers Texian Independence with free ports, and second to this she sees her interest clearly in returning Texas to the Gk)vt. of Mexico in preference to annexation to the U. S. She is acting on this principle with that secrecy and sagacity which control all the great measures of her Cabinet Counsels." The above is a true extract Chas. H.. Raymond * Secty of Legation a See Calendar of Correspondenoe with the United States In Part I. ^ Autograph. Digitized by Google 308 american histobigaii association. Van Zandt to Calhoun « Raymond to Jones.* Raymond to Jones.* WiLKiNs to Calhoun.*' Thomas to Abbucklb.<* Raymond to Jones.« Ceawford to BooNiE./ Wilkins to Calhoun.^ Calhoun to Van Zandt.* Van Zandt to Calhoun.* Calhoun to Howard.^ Van Zandt to Calhoun.* Calhoun to Van Zandt.* a August 24, 1844. See Van Zandt to Jones, September 11, 1844. ^ August 28, 1844. See Calendar of Correspondence with the United States in Part I. c August 29, 1844. See Calendar of Correspondence with the United States in Part I. d August 31, 1844. See Van Zandt to Jones, September 11, 1844. « August 31, 1844. See Calendar of Correspondence with the United States in Part I. / August 31, 1844. See Van Zandt to Jones, September 11, 1844. g September 5, 1844. See Calendar of Correspondence with the United States in Part I. * September 6, 1844. * See Van Zandt to Jones, September 11, 1844. i September 9, 1844. See Van Zandt to Jones, September 11, 1844. / September 10, 1844. See Calendar of Correspondence with the United States in Part I. * Septembtf 10, 1844. See Van Zandt to Jones, Septemba 11, 1844^ Digitized by Google gobbesponbekge with the united states. 309 Van Zandt to Jones." No. 130. Legation op Texas Washington [City] llUi. Sept. 18U Hon Anson Jones Secretary of State Sib Your dispatch of the 13th. of July, last, notifying me of the accept- ance of my resignation was not received until a short time ago, when I was prostrate with a severe billions attack and confined to my bed. To-day is the first time for twenty one days that I have left my rooms. I have this day presented my recall and taken my leave of the Presi- dent, and shall start for home as soon as I am able to travel. I will forward you by the next opportunity a copy of my speech, and the Presidents reply. I send you with this several communications made to and received from the Department of State of the United States, which will explain themselves. I have seen the valuation of the guns taken from Colonel Snively's command and think them estimated at their full worth. Mr. Raymond will acquaint you of the receipt of several despatches directed to him. The one in relation to the Indian treaties, requiring immediate attention, I deemed it best to make a communication upon the subject. Mr Raymond then caUed at the Department and superintended the arrangement. I had hoped to be able to give the subject of the movements of the United States troops and Navy more attention than I have been able to do. Mr Raymond has seen Mr Calhoim several times on the sub- ject, and Mr. Calhoun has been kind enough to caU at my room fre- quently, but it was impossible, owing to my feeble state, to discuss the matter at any length. I have not learned what will exactly be their course and how far they will go. General Howard will be fully instructed so Mr. Calhoim informed me; — other important papers will be sent him to commimicate to you, — eJl of which I trust may be sat- isfactory to the President. I have great confidence that Polk will be elected, if so, annexation will be certain, if Texas continue to desire it, which I trust she may. Mr Calhoim has promised to show us the dispatch to General Howard. I shall deliver as directed all the archives of the Legation to Mr Raymond, who, I have informed the President and Secretary of State, will proceed to discharge the duties of the Legation, as Acting Charg6 d' Affaires. I shall write you again when I am more able. With great regard Truly Yours Isaac Van Zandt. • L. S. Digitized by Google 810 AMISIGAN HIBTOBIGAIi ABBOGIATIOir. [Next come copies of the following :<* Van Zandt to Calhoun, August 24, 1844; Calhoun to Van Zandt, September 6, 1844; Thomas to Arbuckle, August 31, 1844;* Crawford to Boone, August 31, 1844; Van Zandt to Calhoun, September 9, 1844; Van Zandt to Calhoun, September 10, 1844, taking leave; Calhoun's acknowledgment, bearing the same date.] Raymond to Jones.* Calhoun to Howajrd/ Ratmokd to Jones.<* N0.U1. Legation of Texas Washington City, September 12th. 1844- Hon Anson Jones Secretary of Staie Sm: Your dispatch of tJie 29th. of July, last, addressed to me «s Acting Charg6 d' Affaires, in relation to a contemplated Indian Council, was received on the 23rd. ultimo, at a time when Mr Van Zandt, who did not present his letter of recall until yesterday, was very ill. He however immediately addressed a note to the Secretary at State of the United States upon the subject; and the orders from the Adjutant General's Office and the instructions from the Conunissioner of Indian Affairs of the United States, copies of which were aiclosed to you in dispatch No 130, will inform you of the steps taken by this Govern- ment in the matter. The Conmiissioner, Captain Boone, with his company of dragoons, will probably reach the Council groimd about the 1st. proximo, but in any event, it is to be hoped the Indians will be detained until his arrival. Your dispatch of the 5th. ultimo enclosing copies of the replies of the President and Secretary of War and Marine to the Communication from Genl Adrian Woll of the 19th of Jime last, was also received the 23rd. ultimo. I showed the President's reply to Mr Calhoun who expressed much gratification at its tone and spirit. a See Calendar of Correspondenoe with the United States In Part I, for all except the last two, whloh hxn not been published. 6 C/.WlUdns to Calhoun, September 6, 1844. See Calendar of Correspondence with the Uoited States in Parti. eSeptember 13, 1844. See Calendar of Correspondenoe with the United StatesinPWBtL 'A. L. 8. Digitized by Google COBBB6PONDBNCE WITH THE XmiTm) STATES. 311 Your dispateh of the 6th. nltbno, by express, concerning the immediately expected hostile moTements of Mexico^ with the accom- panying documents, reached here two weeks ago. Cki the same evening I called upon the Secretary of State (Mr. Van Zaadt being too ill to leave his room) and in pursuance of your instructions made known to him and afterwards to the President of the United States, the President's understanding of the pledges and assurances given by their Government for the protection and support of Texas against foreign aggression. The Secretary of State informed me of the receipt t>f Grenl. Howard's dispatches upon the same subject, and assured me they would be immediately considered and acted upon by his Gov- ernment; and that Oen^al Howard would be amply instructed in regard to the measures that would be adopted by this Government in fulfillment of its pledges, and directed to commimicate the same to your Department. I had several more interviews with him in reference to this subject, and he had the kindness to call repeatedly at Mr Van Zandts lodgings, where it was discussed as thoroughly as his weak state of health would admit. The true state of the case having been brought to the attention of this Government by the correspondence which passed between your Department and Genl. Howard, it seemed to be unnecessary to address a written communi- cation upon it to the Department of State here. We have been £&own a very strong and able paper from the Depart- ment of State of the United States to their Minister at Mexico to be communicated by him to the Mexican Government, protesting against a renewal of the war and its manner of conduct against Texas, and declaring that the United States will view any attack upon her by Mexico as highly offensive to th^n. — A cop/ of it will be furnished you by Genl. Howard. Since writing the above Mr Calhoun has sent us his dispatch, to Genl Howard, to peruse, and to our surprise nothing was mentioned in it respecting the disposition to be made of the land and naval forces of the United States in order to our protection. I inamediately called at the Department of State and expressed to Mr Calhoun my surprise and disappointment at the omission. He replied that the assurances of his Government on that point were already full and exphcit; that I might however reassure my Government that the orders, given at the time tiie treaty was made, to Brig' GenL Taylor and conmaodore Connor, were continued in their full force and operation — that there would be no change in the present position and organization of the army — that a large naval force would soon be in the Gulf and that two or more (or as many as might be necessary) vessels of War would be stationed at Galveston, before any attack should foe attempted upon that place. Digitized by Google 812 AMERICAN HISTOBICAL ASSOCIATION. I shall continue to press upon the (Jovemment of the United States, by every consideration in my power to offer, the high obligations they are under to afford us prompt and efficient aid and protection against our enemy, and will address you again upon the subject in a few days. I have the honor to be with high regard Your Obedient Servt. Chab. H. Raymond Calhoun to Donelson.* Thomas to Taylor.** Thomas to Arbuokle.'' Calhoun to Raymond.* Raymond to Jones.* No. 132. Legation of Texas Washington D. C. Sept. 19th. 18U Hon Anson Jones etc. etc. etc Sm The painful news qf Grenl. Howards' death reached here on the 15th. Instant, and caused among his numerous friends and acquaint- ances the most unfeigned grief. On account of the interesting position of Texian affairs the President of the United States lost no time in appointijog another Chargfi d' Affaires to our Government. The appointment has been confered upon Andrew Jackson Donnelson, nephew of Grenl Jackson. A special message was dispatched to him on yesterday morning ^th his commission and instructions. If he accepts, of which no doubt is entertained, he is directed to proceed with all possible speed to our seat of Government and communicate to your Department the meas- ures taken and to be taken by this Government in fulfillment of its pledges of protection. In addition to the protest of this Government to Mexico, refered to in my last dispatch, a copy of which the United States Chargfi is directed to communicate to you, and its orders for the return of Commodore Connor, with the vessels of War imder his a September 17, 1844. See Calendar of Correspondenoe with the United States In Part L » September 18, 1844. See Calendar of CocnspondQDoe with the United States In Part L CA.L.S. Digitized by Google COBBESPONDENCB WITH THE UNITBD STATES. 818 command, to the Gulf and along our coast, Mr Donnelson has been authorized and instructed, upon representations being made to him by our Government that there is reason to apprehend an attack upon our frontiers by any of the various tribes of Indians upon and adjacent to the boimdary line of Texas and the United States, through the instigation of emisaries of the Mexican Government or from any other cause, and upon a request being made by us that United States troops be stationed within our limits for the purpose of restraining by force these Indians, to order the troops from Fort Jesup, Fort Towson etc to such points and places in Texas as may be deemed best for our security. Probably San Antonio would be one desirable point at which to station a large detachment. Mexico could not complain of such a step for it would be in strict accordance with the 33rd. article of her treaty of 1831 with the United States, and, under that article of the treaty, Texas has the right to demand this course of the United States. A letter has just been received by this Grovemment from its Cherokee Agent giving information that Mexican emisaries have been and are now among the Indian[s] on the borders of the United States and Texas, endeavouring to instigate them to join our enemy in the contemplated invasion; and I am confident you will be enabled, at home, to furnish such facts and evidence to the United States Charg6 d' Affaires, in relation to the disposition and probable designs of these Indians under the influence of Mexico, as will fully authorize him to give the orders alluded to. The President of the United States left the city on the 17th. inst on a visit of a few days to the Springs in Virginia. Mr Calhoun will leave next week on a visit to South Carolina. The last dispatch received from your Department is of the 6th. ult. I have the honor to be with sentiments of high regard Your Most Obedt. Servant. Chas. H. Raymond. Raymond to Jones." No. 133. Legation of Texas Washington D. O. October 1st. 1844 Hon Anson Jones etc. etc. etc. Sm The Mexican Steam vessels of War, ^^Gaudalupe" and ^'Monte- zuma" are still at New York.^ I have had several conversations, recently, with the Secretary of State in regard to them, and he has assured me in the most positive terms, that they will not be permitted aA.L.S. » See note (w p.m. Digitized by Google 314 AMEBIOAN HISTORICAL ASSOGIAnOir. to increase their equipment, or armament in the smallest degree within the territories of the United States. He also informed me that the President has dispatched a special agent, a legal gentleman of this city, to New York, who with Mr Hoffman the United States District Attorney, is directed to keep strict watch upon ttieir move- ments, collect evidence, and, in case they commit any act contaraven- ing the laws of neutrality, to institvite the necessary l^al process for their detention. Owing however to the want of proper mimicipal regulations, in this country, to give eflSciency to the law of nations in such cases, I very much fear they will be suffered to depart unmolested. I was on yesterday permitted to read at the Department of State a portion of a Dispatch from Mr Green, dated at the city of Mexico the 20th. of August, last. He states, in substance, that since the arrival of a late Packet from England, the Mexican Government had changed its plan of attack upon Texas — ^That instead of an invasion by land they now contemplate an expedition by sea, which shall blockade Galveston, demolish the city, exterminate the inhabitants, and thus, at once, spread consternation and dismay through every part of our country. This to be done, immediately upon the arrival of their two Steamers from New York and those expected from Great Britain. I called yesterday upon the Secretary of the Navy and was informed by him that orders had gone to Commodore Connor to proceed forth- with with the vessels under his command, on a cruise to iixe Gtilf c^ Mexico and along our coast. How far the presence of such a force in the Gulf, in connection with the protest which the United States Minister at Mexico has been instructed to make to the Mexican Gov- ernment, concerning the renewal of hostilities at this time against Texas, a copy of which I presmne you will have seen before this reaches you, will deter the contemplated hostile movements of our enemy future events must determine. In my opinion there will be no serious invasion either by land or sea, it is wise, however, to be prepared for any emergency that may arise. It is not yet known, here, whether Mr Donnelson has accepted the appointment of Charg6 d 'Affaires to Texas, but it is presumed he has, and that he is now on his way to his post. With the highest regard I have the honor to be Your Mo Obdt Servt. Chas. H. Ratmokd Shannon to Rej6n.* a October 14, 1844. See Donelson to Jones, December 6, 1844. Digitized by Google COBBIBPOKDENCE WITH THE UNITBP STATES. 815 JONEB TO ReULT. Department of State Washington [Texas] Oct 16ih. 18U To, Col. James Reilt ChargS ^Affaires of the RepyMic of Texas etc etc etc Sm, You have been appointed Chargfi d' Affaires of this Government to that of the United States and I have the pleasure to transmit you herewith your commission as such, your letter of Credence to be presented to the Secretary of State of that coxmtry, with a copy of the same ^ and also a full power to negotiate Treaties etc. So soon as it may be convenient it is desired that you will repair to the City of Washington and assume the duties of that Legation. Mr. Raymond is now in charge of its duties and has its archives, and will on your arrival resign the former into your hands and place at your disposition the latter. Among the Archives you will find instruc- tions for your governance. Others will be forwarded you from time to time from this Department The subject of most pressing and immediate importance, is that of the aid and protection to be rendered this country by the United States in the event of a resumption of active hostilities by Mexico, under the pledges and assurances given, previous to intering into negotiations for the Treaty of Annexation. Should the (Government of the United States not be wiUing to fulfill all those pledges in the most ample manner and to protect us both by sea and land, by the employment of a sufficient force in case of any hostile demonstrations on the part of our enemy, a knowledge of the fact must of course have a very considerable influence in determining the future policy of Texas in reference to annexation The unfortunate death of Gen Tilghman A. Howard the U. S Chargfi near this government has prevented my recieving the prom- ised copies of the instructions sent to him and to Qov. Shannon Charg6 to Mexico. I am consequently as yet ignorant of the precise course adopted by the Cabinet at Washington in reference to the appUcation made to it some time since for a redemption of those pledges, when invasion was threatened by Mexico. The President and Commissioners have returned from the Indian Council at Tawaccono Creek. A Treaty of Peace was concluded between Texas and, the Chiefs of the Commanches Wacos Caddos and several other tribes of Indians. The Commissioner on the part of the United States Capt Boone, unfortunately did not lurive in a A copy of this letter, dated October 16, 1844, b on file, but the other inolosores mentioned haye not beenloand. Digitized by Google 816 AMERICAN HISTORICAL ASSOCIATION. time to be present at the Treaty. This circumstance was very much regretted by the President, and he used every effort to detain the Commanches untill Capt. B. should arrive but without success. They were very restless probably under some alarm for their personal safety, and would not wait. You will explain this matter to the Secretary of State of the U. S. and prevent any misconstruction being placed upon the conduct of the President and Commissioners of Texas I have the honor to be very Respy. Your Ob Svt (Signed) Anson Jones Jones to Raymond. Department op State Washinffton Oct. iJiih. ISU-'' Sm, I have the honor to inform you that the Hon. James Reily has been appointed Chargfi d'Affaires of this (lovemment to the United States. It is probable that Mr. Reily may reach Washington about the first of December next, when he will enter upon the duties of his oflBce. In the mean time you will be governed by the instructions you have heretofore received from this Dept. I have the honor to be, Very respectfully. Your Obt. Servant, (Signed) Anson Jones. Hon. Charles H. Raymond, ActxTig Chargi d^ Affaires etc. etc. etc. Shannon to Calhoun.* Rej6n to Shannon.** Shannon to Rej6n.<* Rej6n to Shannon.* o Received Noyember 28. Bee Raymond to Secretary of State of Texas, December 4, 1844. » October 28, 1844. See Calendar of Correspondence with the United Statea In Part I. e October 31, 1844. See Donelson to Jones, December 6, 1844. d November 4, 1844. See Donelson to Jones, December 6, 1844. • November 6, 1844. See Donelson to Jones, December 6, 1844. Digitized by Google coebbspondenoe with the united states. 317 Shannon to Rej6n.<* Reillt to Jones.* Raymond to Jones.** Dispatch No. 134. Legation of Texas Washington D. C. Nov 27th. 18U Hon Anson Jones Secretary of State Sm Mr Brower, our Consul at New York, addressed me a note a few days ago informing me that business of importance called his atten- tion to Europe for a few months, and requestmg leave of absence from his Consulate from the latter part of this month until March or April next. I granted him the leave which he desbed, and directed him to appoint some suitable person as Vice Consul during his absence. He has accordingly placed the business of the Consulate in the hands of his friend, WilUam S. Pierson Esq., Counsellor at Law, who, he says, is a staunch friend of Texas, and every way worthy the confi- dence of our (Jovemment. The two Mexican War Steamers, the ''Montezuma" and the "Gaudalupe" and the brig of War ''Santa Anna" sailed from New York the 24th. Inst for Vera Cruz.** Mr. Shannon, United States' Minister in Mexico, in a recent dis- patch to his Government, says that Mexico is entirely without the means to make a move against us, and that there is a strong proba- biUty of an immediate revolution in that already distracted country. It is important that the evidence concerning the illegal seizure of certain goods in the possession of the Collector of the District of Red River by citizens of the United States, for which indemnification has been demanded of this (Jovemment, should be prepared and trans- mitted to your Representative, here, as early as possible. This (jov- emment is now preparing the case to submit to Congress. The latest communication which I have received from your Depart- ment is dated the 6th. of August, last. I have the honor to be with sentiments of high regard Your Mo. Obedient Servant Chas. H. Raymond a November 8, 1844. See Donelaon to Jones, December 6, 1844. b November 10, 1844. See addenda to Calendar of Correspondence with the United States. eA.L.S. tf See note b, p. 299. Digitized by Google 318 AMEBICAN HISTORIC AI. ASSOGIATIOK. Addbess op Donelson on PBEABKTnrG His Credentials** Bbplt of Jones to Donelson's Address.^ Address of Donelson's to Houston.* Reply of Houston to Donelson Address.* Donelson to Jones.* Washington [Texas], December 2d, 1844 To the Honble Anson Jones Secretary of State of Texas Sm, Finding among the mstructions directed to this legation, by the Government of the United States, a despatch to the late CSiargfi d' Affaires, Grenl Murphy, in relation to a complaint against the col- lector of the customs at Sabine in Texas, growing out of his attempt to collect Tonnage duties from the United States Schooners Louisiana and William Bryan, under circumstances of threatened violence, which resulted in an agreement by the Masters of those vessels to pay said duties, if the two Governments should decide that they were legally imposed: and not perceiving from the records of the legation that the views of my Government on the subject, if communicated to, received the consideration of, this Government, I avail myself of the earliest opportunity since my arrival to soUcit your attention to it. You will perceive, from the papers, herewith transmitted, showing the circumstances and character of the transaction, that the authority to collect those duties cannot be recognized by the United States, without a surrender of their jurisdiction of the waters of the Sabine Pass, Lake and river — a jurisdiction clearly acknowledged by the Treaty of limits between the United States and Spain, and necessarily resulting from the admission of the boundary line, since run and marked by duly appointed commissioners on the part of both Texas and the United States Not supposing it can be intended to deny to the United States jurisdiction of the waters of the Sabine, from its mouth in the sea, a Undated, but presented during the latter part of November or the earlier part of December, 1844. Bee Calendar of Correspondence with the United States in Part I. » Undated. Bee Calendar of Correspondence with the United States in Part I. eA. L.B. Digitized by Google OOBBESPONIWENCB WITH THE UNITED STATES. 319 along its west Bank to the 32d degree of North latitude, as ascer- tained by the line referred to, it is presumed by my Government that this claim of tonnage duties was made without full consideration on the part of the collector, and without orders from the Government of Texas. The President of the United States, therefore, doubts not that a mere statement of the facts of the case to this Government will pro- duce such an order as will cancel the obUgation required of the Cap- tains of the Louisiana and William Bryan, and such instructions as will prevent hereafter a recurrence of like grievances. In conveying this expectation it cannot be necessary for me to dwell upon the tendency of such complaints to interrupt the friendly feeling between the citizens of the two RepubUcs, which it is so much the wish of the two Governments to promote, — or to make assurances of the deter- mination of my Government, in the exercise of its acknowledged rights, to obstain from every act which can be deemed questionable concerning the rights or even the feelings of the Government or people of Texas. I have the honor to be, with sentiments of great respect, your Excellency's very obedient servant A J DONELSON Mr. CticuUu to Mr. Si>encer. COLLECTOBS OfFICE New Orleans ^th April 18U . SlB I have the honor to transmit to you, herewith, the Deposition of two American Captains and their mates, who were compelled by threats of being sunk, to land in Texas and there give their obligatiooi to pay one dollar per ton to the Texian oflBicer of the Customs, which they did under protest (No 2), also the reply of Hon Batie<* Peyton to a letter addressed to him on the subject by me. This being a very grave matter and one Ukely to lead to very dis- agreeable results to both countries, I most respectfully request your instructions upon the subject at your earUest convenience. I have the honor to be, very respectfully. Your Obt Svt. • (Signed) M. S. Cxjcullu CoUedcr. Hon John C. Spenceb, Secretary of the Treasury. s BaUe. Digitized by Google 320 AMEBIOAN HI8T0BICAL ASSOCIATION. ICr^ Peyton to Mr. CacoUu. Office of the District Attorney. April 26th, 18U> Sm, I am in receipt of your letter of the 25th inst transmitting copies of the depositions of two American captains and their mates, in the coasting trade, who while in the waters of the United States, in the Sabine, were compelled by threats of having their vessels sunk, to land on the Texas side, and there pay or give their obligation to pay to the Texian officer of the Customs, one dollar per ton. That the said Captains are about to clear for the Sabine, and not wishing or intending to stop at a foreign port, request instructions and protec- tion from this office. And upon this subject you ask my opinion. This is a subject of grave importance, and one which more properly belongs to the Executive departments of the governments of the United States and Texas. According to the treaty of 22nd February 1819, and the third article thereof, the boxmdary line between the two coimtries (Spain and the United States) west of the Mississippi; shall begin on the Gulph of Mexico, at the mouth of of the River Sabine, in the sea con- tinuing North along the western lanTc of that river to the 32nd degree of latitude, thence by a line due North to the Rio Roxo or Red River. And all the Islands in the Sabine and the said Red and Arkansas rivers, throughout the course thus described to belong to the United States, but the use of the waters, and the navigation of the Sabine to the sea, and the said rivers Roxo and Arkansas, throughout the extent of the said boundary, on their respective banks, shall be common to the inhabitants of both nations. From which it is clear that the United States own and hold sov- ereignty over the whole extent of the Sabine river up to the degree mentioned in the treaty and that it is a violation of her laws, and the rights of her citizens to molest or hinder them in the navigation of the waters of the Sabine river, under the circumstances mentioned. I think that you should extend all reasonable protection to Ameri- can vessels in the coasting trade, while navigating that river. The means to be used are to be determined on by yourself imder the advice of the Department at Washington. And in the meanwhile I would suggest the propriety of resorting to no course which may have a tendency to produce violence or bloodshed, xmtil the two governments of whose pacific and friendly disposition towards each other there can be no doubt, shall have an opportunity of giving instructions on the subject. I am, very respectfully, Your Obedient servant, (Signed) Balie Peyton. To M S CucuLLU Collector. Digitized by Google COBBE8PONDENCE WITH THE UNITED STATES. 821 New Orleans April 2Sd, I844. To the Collector of the Customs at New Orlecms Dear Sm, The undersigned, Masters of the Schooners Louisiana and William Bryan, together ¥rith their Mates, do certify, that after having taken a cargo of Texas cotton on board, from Texas bottoms, while at anchor in the Sabine Lake, and in passing out of said Lake, we were forced to come to anchor by the firing of two large gims from the Texas Band,^ and demanded to pay one dollar per ton for the full tonnage of our vessels; and refusing to comply, were told by the Texas Col- lector that he would fire into, and sink us if he could. Having not Uie amount of any money with us to meet such demand and believing such to be no better than robbery upon the high sea, we made a written proposition, which the CoUector accepted. Accompanying this is a duplicate. Hoping to be protected by our government in the United States, we submit this to your consideration beUeving in the mean time you will protect us from further trouble, from the same source, imtil the final settlement by the U. States. We remam wiin esteem Yours very respectfully Master of Schooner Louisiana (signed) Daniel B. Eddy Mate Jno W Jones Master of Wm Bryan D. N. Moss Mate Abnbr Brown Sabine Pass April 17th 18U Whereas by a late act of Congress of the Republic of Texas, a Tonnage duty of one dollar per ton has been imposed upon foreign vessels, among which are included American vessels, and Whereas the American Schooner Louisiana, Daniel Eddy, Master, and William Bryan, D N. Moss, Master, now both lying in the Sabine pass, believ- ing the imposition of said tonnage duty to be improper and not having the amoimt of Money required to be paid, nor any way of now obtaining the same, at this place and with a disposition to avoid all difficulty between the Collector of Customs at Sabine in Texas and the Masters of said vessels, it is hereby mutually agreed between the said parties that the Collector of Customs aforesaid William V C Dashiels ^ Esq. hereby agrees to accept from the said Daniel Eddy and D. N. Mc«s, their respective promissory notes to be indorsed by each for the other for the respective sums of money due by them as tonnage money upon their vessels at this time, and which said notes are made a part of this agreement by consent of all parties to the Digitized by Google 322 AMERICAN HISTORICAL ASSOCIATION. same the said Collector acting in this matter for himself and for his government of the Republic of Texas, and the said Eddy and Moss, for themselves and the respective owners of their said vessels. Now the condition of this obligation is such that if the government of the Ubited States and the Republic of Texas shall hereafter mutually agree that it is right and proper that the said tonnage money shall be paid by American vessels entering and departing from the Sabine Pass or Sabine Lake, having on board a cargo of cotton or other Texas produce, the same having been received on board while lying at a distance from the Texas shore, and taken on board from flat or keel boats entering said Lake or pass from the Sabine and Neches Rivers, then the said Eddy and Moss agree to pay said sums of Money as are expressed to be paid in said promissory notes, or should said governments agree that the said tonnage is not or should not [be paid], the said Collector or whosoever may be in possession of said notes shall deliver the same to said Eddy and Moss or their properly authorized agents. In witness whereof we have hereto set oiu* hands and seals, this 17th day of April A. D. 1844. (Signed) D B. Eddy D. N. Moss Wm V C. Dashiell, Collector District Sabine Witness Stewart Newell Peter Stockholm Sabine Pass April 17th 18U Dollars 96 We or either of us hereby promise to pay to W. C. V. Dashiel or his successor in ofl5ce as Collector at Sabine Pass in Texas, ninety six dollars of the lawful currency of the Republic of Texas, so soon as the same may become due as expressed in the article of agreement entered into this day by said parties, and which is hereunto annexed (Signed) D. N. Moss (Endorsed) D. B. Eddy Sabine Pass 17ih April 1^.^. Dollars 99 We or either of us hereby promise to pay to W. C. V. Dashiell (or his successor in office as Collector at Sabine Pass in Texas) ninety- nine dollars of the lawful currency of the Republic of Texas, as soon as the same may become due as expressed in the article of agreement entered into this day by said parties and which is hereunto annexed. (Signed) D. B. Eddy Endorsed D. B. Moss Digitized by Google oorbespondencb with the united states. 323 Calhoun to President op United States [Tylee]. ** Calhoun to Raymond.* Raymond to Calhoun.'' Raymond to the Secretary of State of Texas [Jones]*'. Dispatch No. 135. Legation of Texas Washington D. C. Deer. 4ih. 18U To the Honorable Secretary of State Sm: I had the honor, on the 28th. ultimo, to receive your dispatch of the 24th. of October, last, notifying me, that the Hon. James Reily had been appointed Charg6 d'Affaires of Texas to the United States, and that he would probably reach this city about the l8t. of this month to enter upon the duties of his oflBice. He has not yet arrived, nor have I heard from him since the 10th. ult, when he was in Ohio. Enclosed herewith I transmit to your department a copy of the note of Mr Calhoun, Secretary of State of the United States, and my reply thereto, respecting the evidence required in the case of the out- rage committed by certain citizens of the United States upon the Collector of the District of Red River. This case, together with the Snively affair, has been brought to the attention of Congress in the President's Message, in order that the necessary appropriations, for the indemnity demanded by our Government, may be made; and it is hoped you wiU soon enable your Representative, here, to communi- cate the evidence alluded to, to this Government for the information and action of its Congress. I also enclose you a copy of the annual message of the President of the United States to both Houses of Congress,^ which was communi- cated to them on yesterday. It recommends, as I anticipated, the adoption of a joint resolution embracing the terms of the late treaty of annexation. It is altogether imcertain what will be the action of the present Congress on this subject, but I am firm in the belief that, if it remain unsettled until Mr. Polk comes in, he will, at once, convene an extra a December 2, 1844. See Calendar of Correspondenoe with the United States in Part I. h December 2, 1 S44. See Raymond to Jones, December 4, 1844. eA. L. 8. tf See Bldiardson, Matage* and Fapirt, IV, 334 e< ieq. Digitized by Google 324 AMERICAN HISTORICAL ASSOCIATION. session of Congress, which wiU carry the measure by a large majority, unless, in the mean time, Texas, herself, interpose some ol^tacle to its consummation. Annexation is the great and all-absorbing question of the day in this country. The whole south and a considerable por- tion of the north are in its favor and determined on its accomplish- ment. It will be for Texas to say whether she wiU consent to annexa- tion, and upon what terms. I send you by the mail of to day the '* National Intelligencer" of this morning, and the ** Globe'' of yesterday and to day, from which you will gather their views of the President's Message. I will continue to send you the newspapers and to keep you advised of every thing important that occurs. I have the honor to be with great regard Your Obedient Servant Chas. H. Katmond (Mr Calhoun to Mr Raymond.) •Department op State Washington Deer. 2nd. 1844 Sm: In a note which I had the honor to address to Mr Van Zandt, late Chargfi d'Aflf aires of Texas, dated the 14th. of August, last, in relation to the outrage alledged to have been committed by certain citizens of the United States in the Collectoral District of Red River, I requested that, in order to a final adjustment of the difficulty, this Department should be furnished with *'all the evidence which may be required to establish, authentically, the facts of the illegal introduction of the goods, — their forcible seizure and taking away, by the citizens of the United States, and the amount of damage suffered in consequence; to be transmitted by the President to Congress with his Message." In Mr Van Zandt's reply, dated the 16th. of the same month, he observes: — ''The testimony refered to, as necessary to be transmitted to Congress with the Message of the President of the United States will be furnished at the earliest day possible." Congress being now assembled, I respectfully invite your attention to the subject, and request that the evidence refered to, if it has been received, may be communicated to this Department in order that the same may be transmitted with the President's Message to morrow. I have the honor to be, with high consideration, Sir, Your Obedient Servant (Signed) J. C. Calhoun To C. H. Raymond Esq etc, etc, etc Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 325 (Mr RayaMid^ Mr C«lhoua.) Legation of Texas Washington Deer. 2nd. 1844 Sm: In reply to your note of to day requesting that the evidence estab- lishing; authentically, the facts of the outrage alledged to have been committed by certain citizens of the United States in the Collectoral District of Red River if in my possession, might be communicated to your Department in order that the same might be transmitted, to- morrow, with the President's Message to Congress, I have the honor to inform you that the evidence alluded to has not yet been received, but there is every reason to believe it soon will be, when I will lose no time in furnishing you with it. With assurances of my very distinguished consideration, I have the honor to be Your Obedient Servant (Signed) Chas. H. Raymond To Hon. J. C. Calhoun etc, etc, etc DoNELSON to Jones.** Legation op the UNrrED States Washington, Texas, Deer. dth. 1844 Honble Anson. Jones 8eey of State of Texas SlE, The Undersigned Charge d'Affaires of the United States to Texas, has the honor to inform you, that he received last evening by the hands of a special messenger, Genl Green, copies of the correspondence which has taken place between the Minister of the United States at Mexico and that Government, in relation to the invasion of Texas and to the mode of conducting it, as threatened by the authorities of Mexico. In order that this Government may have full information on a subject of such vital importance to the interests of Texas, and may see with what fidelity the President of the United States meets the responsibility incurred by the invitation which led to the Treaty of Annexation, the undersigned begs leave to submit copies of thb correspondence to you. The undersigned, not to postpone the delivery of these papers to the Government of Texas, will defer for a day or two the observations aA.L.S. Digitized by Google 326 AMERICAN HISTORICAL ASSOCIATION. which they appear to call for from him, as bearing upon the question of annexation; and in the mean time has the honor to subscribe himself with considerations of the highest respect, Yr. very obt sevt A J DONELSON [The enclosures referred to in the letter are Shannon to Rej6n, October 14, 1844; Kej6n to Shannon, October 31, 1844; Shannon to Rej6n, November 4, 1844; Rej6n to Shannon, November 6, 1844; Shannon to Rej6n, November 8, 1844.<*] Jones to Donelson. Department op State, Washington [Texas], Deer. 7tk. 18U The undersigned Secretary of State of the Republic of Texas, has the honor to acknowledge the receipt of the note Mr. Donelson Charg6 d' Affaires of the U. States, communicating copies of a correspondence whjch has recently taken place between Mr. Shannon^ Minister of the United States, at Mexico, and that Government, in relation to the invasion of Texas and the mode of conducting the war, as threatened by the authorities of Mexico. In acknowledging the receipt of these communications, the under- signed is happy, also, to bear testimony to the fidelity which they evince, on the part of the (Jovemment of the U. States, in carrying out the pledges, given to this, previous to entering into the Treaty of Annexation, and the government of Texas wiU, at Mr. Donelson's convenience, be much gratified to receive the suggestions which they may appear to him to call for as bearing upon the important question of annexation. The imdersigned embraces, with great pleasure, the present occasion to tender to Mr. Donebon, assurances of the high respect with which he has the honor to be His Mo. faithful and Obt Servant (Signed) Anson Jones Allen to Reilly.* [Giving the personnel of the new administration.] • None of these are on file with the letter, bat all are transcribed in the Records of Department of State (Texas), Book 43, pp. &^30. See also Calendar of Correspondence with the United States in Part L » December 9, 1S44. Digitized by Google COBRBSPONDENCB WITH THE UNITED STATES. 327 DONELSON TO AlLEN.* DONELSON TO SECRETARY OP StATE [AlLEN, AD INTERIM].* Washington [Texas] Deer 10th 18U To the Honble. Secretary op State op Texas. Sir, Col Taylor of Arkansas, now at Mrs Lockhart's, who is in pursuit of the men described in the within proclamation, as refugees from the United States, has requested me to ask for a renewal of it by the present Executive of Texas.*' His opinion is that it will make more sure the arrest ; and seeing no impropriety in the request, I have there- fore consented to make it in this informal manner. I have the honor to be, with sentiments of great respect. Your obedient servant, A J DoNELSON Chargi d Affaires of the United Staies to Texas. Allen to Donelson.** Department op State Washington [Texas], Deer 11. 18U Hon A J DoNELSON Cha/rgi W affaires of the United Staies etc. etc. etc. Sm, The undersigned. Attorney General of the Republic of Texas, charged, ad interim, with the direction of the Department of State, has the honor to acknowledge the receipt of the note, which Mr Donelson, Charg6 d'Aflfaires etc., did him the honor to address to him, under date of 10th inst. requesting a renewal of a certain Proclamation, heretofore issued by His Excellency, President Houston, and to enclose, herewith, the Proclamation, as requested. The undersigned avails himself of this occasion to offer to Mr Don- elson the assurances of his distinguished consideration E Allen Allen to Donelson.* a December 10, 1844. See addenda to Calendar of Correspondence with the ¥nited States. h See Records of Department of State (Texas), Book 43, p. 33. cThfr proclamation has not been found. d See Records of Department of State (Texas), Book 44, p. 234. « December 13, 1844. See addenda to Calendar of Ck>rre8pondence with the United States. Digitized by Google 328 AMERICAN HISTORICAL ASSOCIATION. DONBLSON TO AlLEN.« Legation op the United States Washington, Texas Deer. ISih. 18U The Honble E Allen Actg Secy of State of Texas Sir, The undersigned Charg6 d'AfFaures of the United States, begs leave respectfully to invite the attention of the Honble Mr Allen to the ninth section of the act entitled an act supplementary to an "act to raise a revenue by import duties," whereby an additional duty of five per cent is levied on goods imported in American vessels in the ports of Texas. The undersigned anxious to improve the intercourse between the two Republics, and satisfied that the discrimenation in the act referred to, against the United States, whilst it lessens that inter- course is productive of no advantage to the revenue of Texas, would respectfully suggest that a further consideration of the subject may lead the Executive of Texas to take the same view of it, and, if so, result in a recommendation to Congress to modify the act so far as it relates to the vessels of the United States. The undersigned trusts that this suggestion will be received as a proof of the desire of the United States, to promote by all the means within their power an advantageous trade between the two countries, which is one of the surest bonds of their friendship, and he has the honor to be with sentiments of the highest regard Yr. very obt svt A J DONELSON Points to be Insisted on in Annexation.* Full community of interests. A territory. Assumption of national debt, or not. If not assumed, we to retain our public domain. Texas hereafter to comprise as many states as the U. States may think proper. In running the line between the U. S. and Texas, where lands fell into the U. S., by misapprehension of claimants in their locations, a A. L. 8. ft The original is written on a loose sheet which was filed separately, and there Is nothing to show bow It was used. It is endorsed " Points to be Insistad on In the aiuiezatloa measure which may be passed by the U. 8. Congress." Digitized by Google CORBESPONDENCE WITH THE UNITED STATES. 329 that they are to be reimbursed upon the same principles of equity, that citizens of the U. S. falling into Texas were reimbursed by the latter. Public debt not to exceed 10,000,000. Public Uabihties to be redeemed at the price at which they were issued. if the above points should be set forth and guarded speciaUy in the joint resolution to be passed by the Congress of the United States in the bill for the annexation of Texas, I have no doubt that it would add greatly to the satisfaction of the people of Texas, and secure their ratification of it. December 13th. 1844. Washingtony Texas, Resolution op Inquiry Adopted by United States Senate.** Raymond to Jones.* Calhoun to Raymond.* DONELSON TO CaLHOUN.** Raymond to Calhoun.* Raymond to the Seorbtary op State op Texas [Allen acting]./ No. 136 Legation op Texas Washington D. C. Deer. SOth. 18U To the Honorable Secretary op State Enclosed herewith I have the honor to transmit a copy of the note of Mr Calhoun, Secretary of State of the United States, of the 23rd. inst, and of the Resolution of the Senate which accompanied it, seeking for information in regard to our pubUc debt and public lands, and also a copy of my reply to to the same. In answer to his inquiry, I stated that the revenues of the Grovem- ment for the last /our years has equalled its expenditures. In Janu- • December 16, 1844. Bee Rasrmood to Secretary of State of Texas [Allen acting), December 30, 1844. b December 17, 1844. See Calendar of Correspondence with the United States in Part I. « December 23, 1844. See Raymond to Secretary of State of Texas fAllen acting], December 30, 1844. ' December 36, 1844. See Calendar of Correspondence with the United States in Part I. •December 27, 1844. See Raymond to Secretary of State of Texas [Allen acting], December 30, 1844. /A.L.8. Digitized by Google 330 AMERICAN HISTORICAL ASSOCIATIOK. ary 1841 the Committee on Finance estimated the public debt at $7,000,000. The appropriations for that year were in bonds bearing 8 per cent interest, amounting in all to about $600,000, which, if I am not greatly mistaken, was less than the amount paid into the Treasury during that year. The expenses of Genl. Houston's late administration, have, as I understand, faUen short of the revenue collected in that period. In view of these facts I felt warranted in the statement which I made. As you will perceive, by an abstract of the proceedings of Congress contained in the newspapers which I have from time to time sent to you, several joint resolutions, having for their object the annexation of Texas to this Union, have been introduced into both the Senate and the House of Representatives, and refered to the appropriate Conunittees. Mr WeUer's resolution seems to meet with the most favor. It discards the consent of Mexico and the subject of slavery ; — matters which rendered Col. Benton's bill so exceptionable to many of the friends of the measure. The "Texas question'' will, according to previous arrangement, come up to day, in the House for discussion. I think Mr C. J. IngersoU of Pa is entitled to the floor. I will be particular in sending you the debates, for you doubtless feel great interest in all that con- cerns this vitally important subject. The recent correspondence between Mr Shannon, the United States Minister, in Mexico, and Mr Rejon, the Mexican Secretary of State, has ceased to excite much interest. It is supposed Mr Rejon wrote under the confident expectation that Mr Clay would be elected President of this Republic, and that his defeat will have a tendency to moderate the tone of the Mexican Government, and perhaps induce it to withdraw its insulting and highly offensive note. Colonel Reily has not yet arrived. I have the honor to be, with great consideration. Your Obedient Servant Chas. H. Raymond [Here follows a copy of the Senate resolution of December 16, 1844,* transmitted by Calhoun with the letter which comes next.] (Copy.) Department op State Washington 23rd. December 1844 Sm, I have the honor to transmit, herewith, a copy of a Resolution adopted by the Senate on the 16th. inst, calling on the President for certain information in regard to the public debt and the public land of Texas. a See Cong. Giobe, 28 Cong., 3 Seas., p. 85. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 331 I invite your attention, particularly, to the two subjects of inquiry, first, whether the public debt of Texas has been increased since the signature of the Treaty of Annexation in April, last; — and, second whether there have been any additional grants of the public domain since that period. In replying to these inquiries, if you have any information in addition to that heretofore communicated by the Texan plenipo- tentiaries, Messrs Van Zandt and Henderson, in reference to the other subjects referred to in the Resolution, I would also thank you to com- municate the same to this Department. I have the honor to be, with high consideration. Sir, Your Obedient Servant (signed) J. C. Calhoun To C. H. Raymond Esq etc, etc., etc. (Copy.) Legation op Texas Washington December 27ih. 1844 Sm, I have had the honor to receive your note of the 23rd. Instant inviting my attention to certain subjects of inquiry, based on a Reso- lution adopted by the Senate of the United States on the 16th. instant, calling on the President for information in regard to the pub- lic debt and the public lands of Texas, a copy of which accompanied your note." And in reply to the first inquiry, as to whether her public debt has been increased since the signature of the Treaty of Annexation in April, last, I have the honor to state that, from information and data, in my possession, procured from Official and other sources, I am fully persuaded, that her revenues since that period have equalled, if not exceeded, her expenditures; and that such has also been the case for the last four years. I have therefore no hesitancy in saying that her public debt has not been increased since the period referred to, except from the interest which has accrued upon a portion of it. In answer to the second inquiry as to whether there have been any additional grants of the public domain since April, last, I can only state that, if there have been any, they have not come to my knowl- edge. I know of but one law authorizing the Government to make grants of land, and that has been in force about four years. It authorizes the Government to issue land scrip, in redemption of its liabilities, at the rate of two dollars per acre. Only a few of the holders of these liabilities, have heretofore availed themselves of its a See Cong. Olobtt 28th Cong., 2d Sess., p. 85. Digitized by Google 332 AMERICAN HISTORICAL ASSOCIATION. provissions. If however they hare done so within the last few months, the effect, as you will readily perceive, has been to decrease the public debt double the amount of the number of acres of land scrip thus issued. I have nothing further to add to the information heretofore com- municated to you by the Texian plenipotentiaries, Messrs Van Zandt and Henderson, in their note of the 15th. of April, last, on the other subjects embraced in the Resolution of the Senate, but will merely state, in explanation of the report of the Commissioner of the General Land Office of Texas, which was refered to in their note, that, in his general estimate of "Lands Appropriated," all the l^al or equit- able land claims however and whenever originated, for which the faith of that Republic stood pledged, are intended to be included. I have the honor to be with distinguished consideration Your Obedient Servant Chas. H. Raymond Williams, Thurston, and Megoerson to Green. Raymond to Jones.* Allen to Donelson. Department of State, Washington^ [Texas ^ Jany J^tk 1845 The undersigned, Attorney General of the RepubKc of Texas, Charged, ad interim, with the direction of the Department of State, has the honor to congratulate Mr. Donelson, Charg6 d'Affaires of the United States etc. etc. on his return, after a temporary absence, to his residence near this Government, and avails himself of the occa- sion to transmit to Mr. D. the enclosed copy of a proclamation recently issued by His Excellency, the President of the Republic of Texas, revoking the Exequatur of Duff Green, Esq., as Consul of the United States for Galveston.*' For the satisfaction of Mr. D., and to enable him to present the matter with its incidents to the consideration of his Government, should he deem it expedient, so to do, the undersigned, subjoins a statement of the causes and cir- cumstances, which induced a revocation of the recognition by this Government of Mr. Green's authority as Consul. Early during the present session of our national legislature, Mr. Green fixed his residence at this place, and has ever since been o Janaaiy 1, 1845. See Donelson to Allen, Janoary 20, 1845. ^ January 1, 1845. See Calendar of Correspondence with the I) nlted States In Part 1. e See Telegraph and Teme RegitUtf January 8, 1846. Digitized by Google CORBESPONDENCB WITH THE UNITED STATES. 333 industriously occupied in endeavouring to procure the sanction of Congress to certain projected measures, in the consumation of which, he has manifested strong personal interest, by availing himself of frequent private interviews with members of that body, to influence their public and legislative course, in aid of his favorites schemes. One of the projects thus originated and prepared by Mr. Green, was brought before the Senate, in the form of a bill for the incorporation of an institution, to be styled "The Texas Land Company,' ' — among the powers of which, imder a perpetual charter, was that of acquiring, holding and disposing of real estate to an unlimited amoimt — con- nected with those privileges and rights usually enjoyed by Insurance, Rail-Road, Life-Insurance and Trust Companies, and which consti- tute the peculiar and distinguishing features of such corporations; together with the power and capacity to monopolize the exclusive and perpetual use of all our navigable streams. Another was a plan for the charter of the "Del Norte Company," so to be called, also projected by Mr. Green, and designed to become a law by the action of the legislature, but which has not as yet been presented to Congress; — having in part for its object, the conquest and occupancy in behalf of Texas, of the Calif omias, and the Northern Provinces of Mexico, by means of an army aided by some sixty thousand Indian warriors, to be introduced from the United States upon our Western frontier." In furtherance of these schemes, and to obtain for them the for- malities and color of legislative sanction, Mr. Green, solicited the aid and influence of the Executive; and at an interview which he sought with the President at the Executive Department, on the 30th. ultimo, as well as on some previous occasions, he endeavored to induce His Excellency to exert his influence to effect the objects specified; first, — ^by an offer of portions of the corporate stocks of the projected companies; and, secondly, — ^by a threat to revolutionize the country and overthrow the existing government, in the event of His Excellency's refusing to accede to the proposal. Coupled with this threat, Mr. Green, took occasion to boast of the ease with which he could execute it; observing that the excitement among our citizens on the subject of annexation, manifested by the mass meetings of Matagorda and Brazoria, together with the alarm, which could be readily aroused by exhibiting to their minds the dangers to which our republican institutions would be exposed, in consequence of the great influx of Europeans into our territory, and the facility with which they would become entitled to the privileges of citizenfidliip, presented an inviting field for revolutionary operations. In consequence of these circumstances, the confidence before that time entertained by the President, in the fitness of Mr. Green for the a Of. Qima, Faet$ and SugpiHl^tu, S^Sd, Digitized by Google 334 AMERICAN HISTORICAL ASSOCIATION. station assigned to him, as Consul, was necessarily destroyed; and His Ebccellency, however, regretting the emergency, was compelled in justice to his own convictions, to withdraw the Exequatur, referred to; believing that its continuance, not required by the principles of amity or courtesy which have ever distinguished the intercourse and relations of the two governments, would serve only as a false mani- festation of executive confidence, the existence of which had ceased; and that its revocation, not being inconsistent with any of those principles, presented in the present instances the mildest form for the expression of f^xecutive disapprobation. The President, being impressed with the belief, that the mode of proceeding adopted by him in this case, in reference to Mr. Green, is not susceptible of such a construction, as to render it in any degree objectionable to the Grovemment of the United States, directs the undersigned, to express to Mr. Donelson, the continued and earnest desire of His Excellency to preserve and promote the mutual rela- tions of concord and friendship which subsist between the two Governments, and the harmony which characterizes the intercourse of the citizens of each with those of the other, and his high personal esteem and regard for Mr. D.; in announcing which, the undersigned avails himself of the occasion to renew to Mr. Donelson the assurance of the distinguished consideration with which, the imdersigned has the honor to remain His Obedient Servant (Signed) Ebenr. Allen. Hon. A. J. Donelson ChargS d' Affaires of the U. States etc. etc. etc. Raymond to Calhoun.® Raymond to Allen.* Dispatch No. 137. Legation op Texas Washington D. C. Jany 4th. 18^6 Hon Ebenezer Allen etc, etc, etc SiB Your dispatch of the 9th. ultimo to Hon James Reily, who has not yet arrived in this City, announcing the fact, that on that day a new Administration of the Government of Texas had commenced, was received on the 2nd. Instant. a January 4, 1846. See Raymond to Allen, January 4, 1846. bA.L.S. Digitized by Google CX)ERESPONDENCE WITH THE UNITED STATES. 335 I have communicated this change of administration to the Secre- tary of State of the United States, with such expressions of friendship and consideration on the part of the President towards this Republic and its President as the occasion seemed to authorize. This, as you know, is the usual practice, and in accordance with the comity of nations; and as you gave no special instructions on the subject, I infered your wish that the usual course might be observed and pur- sued. I have the honor to enclose herewith a copy of the communi- cation alluded to, which I hope Mrill be satisfactory to your Depart- ment. On yesterday I dined at the President's, and embraced the oppor- tunity to learn what were his own and his Cabinet's views in regard to the probability of a joint resolution for the annexation of Texas being passed by this Congress. They strongly incline to the opinion that such a resolution will pass both Houses the present session. The discussion of the question was opened on yesterday in the House by Mr Ingersoll, Chairman of the Committee on Foreign [Affairs], in an able and eloquent speech in its favor. The debate was continued to day but I have not had time to listen to it. The measure gains strength from day to day, and unless the Whig party cease their opposition and permit it to pass, it will grind them to powder. I have had no intelligence of Mr Reily since the 23rd. ultimo, when he was in Lexington, Kentucky. Hon. Ashbell Smith came passenger in the last Steamer from Europe, and I suppose is now in Boston or New York. I have the honor to be with assurances of my high consideration. Your Most Obedient Servant Chas. H. Raymond [Then follows a copy of Raymond to Calhoun, January 4, 1845, announcing the personnel of the new administration in Texas and conveying friendly greetings.] DONELSON TO AlXEN.** Legation op the United States, Washington [Texasi\ Jany. 6th. I84S The undersigned, Charg6 d' Affaires of the United States, has had the honor to receive the communication addressed to him on the 4th. inst, by the Honble Mr Allen, charged ad interim with the direction of the Department of State of Texas, congratulating him on his return to his residence near this Government, and stating the cir- cumstances which led to the revocation of the Exequatur granted to a A. L. s. Digitized by Google 336 AMERICAN HISTORICAL. ASSOCIATION. Duff Green Esqr on the 5th. October 1844, as consul of the United States for the port of Galveston. The undersigned will avail himself of the earliest occasion to transmit to his Government the explanation which has been fur- nished by the Honble Mr Allen of the transaction referred to, and is glad to perceive that it rests on causes, which, much as they are to be regretted, do not interrupt the friendly relations existing between the Governments of the two countries. Mr Green, soon after his arrival here, as bearer of despatches from Mexico, when questioned by the undersigned, as to the state of his consular duties, remarked that he was about to become a citizen of Texas, and having appointed a vice consul at Galveston, had informed his Government that he did not wish his name to be presented to the Senate of the United States for confirmation in the office, and that he would perform no further official act. Under these circumstances the undemgned did not feel it his duty to take cognizance of Mr Green's absence from Galveston, particularly as he knew that the duties pertaining to his office, in the present state of the trade between the two countries were very light even for a vice consul. It will be recollected also that previous to his late departure for New Orleans, the undersigned mentioned ver- bally to His Excellency the President of Texas that Mr Green had no authority in any manner to represent the Government of the United States. These facts are stated for the purpose of showing that Mr Green, although within the range of the responsibility imposed by an JSre- quatur from this Government, was practically only a new comer into Texas with the intention of acquiring the rights of citizenship. In this light then, the objectionable conduct imputed to him, ceases to have any higher importance than what belongs to his individual, pri- vate, character; and the undersigned is happy to be assured that his Excellency the President regards it as involving no interruption of those relations of amity and courtesy which in the intercourse of the Government and people of the two Republics, are so necessary to their reciprocal interest and welfare. As to the measures sought to be accomplished by Mr Green, under the authority and sanction of this Government, the undersigned feels it to be his duty to say that he had no knowledge of them, and par- ticipated in them, in no wise, directly, or indirectly, either as a public officer or as a private individual. Indeed those measures conflict essentially with the course of policy which the undersigned, if con- sulted, would have suggested as the most expedient for Texas at the present period. As the friend of reannexation he certainly couM not have the ight of a step, the effect of which would be to counte&imce the idea that the country between the Rio del Norte and the Pacific ocean v as to be invaded and severed by another revolution from Digitized by Google COBEBSPONDENCB WITH THE UNITED STATES. 837 Mexico. To check such speculations — to give a more safe direction to the spirit of adventure abeady too much aroused by the weakness and short sighted policy of Mexico — and above all to secure to the people of Texas the blessings of peace and independence, under the guarantee of incorporation into the American Union, have been the aim and scope of all the counsel which the undersigned has ventured to offer. Any policy which would raise new issues, which would entangle Texas in new enterprises calling for further aid in money or munitions of war, would be contrary to what the undersigned has supposed to be the wish and interest of Texas, because it would add new impedi- ments to the success of the measures yet necessary to secure rean- nexation to the United States, and jeopard in other respects her ability to maintain her present elevated position. The undersigned having felt it his duty to make these observations, begs leave to add that he will submit to Mr Green the reasons for the revocation of the Exeguatur, under the hope that some explanation consistent with his honor and acceptable to his Excellency the Presi-. dent, will be made by him, not on the public account, but that impu- tations so deeply effecting his standing may be removed if they appear not to be merited Appreciating highly the personal regard expressed for him by the President, the undersigned begs leave to say in reply to the Honble Mr Allen, that it is most sincerely reciprocated, and he trusts will continue to uphold him in the performance of all his duties near this Government; and the undersigned begs Mr Allen to accept for him- self also assurances of his high consideration and regard He has the honor to be very respectfully his obt sevt A J DONBLSON Honble Ebbnezeb Allen Secretary of State ad interim of Texas etc. etc. etc. Calhoun to Raymond." Allen to [Raymond.] Depabtment of State, WmhingUm, [TexaSy] 10th. JavHy 184B Sir, I have the satisfaction to acknowledge the receipt of the several dispatches addressed by you to this Department, under dates of the a Januaiy 8, 1845. See Raymond to Altoi, January 11, 1846. 3©738*>— VOL 2, PT 1—11 ^22 Digitized by Google 838 AMEBICAN HISTORICAL ASSOCIATION. 26th.<» and 27th of November last, and of the 4th. ulthno: — the latter enclosing a copy of the annual message of His Excellency, the Presi- dent of the United States, and also copies of the note of Mr. Calhoun Secretary of State etc. and your reply to the same, on the adjustment of the difficulties originating in the CoUectcuial District of Red River; and the evidence to be furnished by this Department to the Depart- ment of State of the United States, to estabhsh the facts of the case, and the amount of damages sustained by this Government in conse- quence. The purport of that portion of His Excellency's Message, which treats of the relations existing between the two Grovemments, and of measures, in the opinion of His Excellency, best calculated to secure and hasten the annexation of Texas to the United States, are regarded with approbation by the Executive of this Republic; who perceives with feelings of peculiar satisfaction, that the sugges- tions and views of His Excellency, Mr. Tyler, contained in the mes- sage referred to, correspond with the elevated and ingenuous poUcy, which has preeminently distinguished his administration, whenever its influence could be properly brought to operate upon the affairs and interests of Texas. Although the fond hopes fcomerly enter- tained and frankly expressed by the citizens of the latter country, that the Star Spangled banner of our father land would this day, wave over them, have been checked and deferred: — ^yet, be the final result of the negotiations tending to such a consummation, what it may; the able and distinguished efforts of His Excellency's administration to secure the rich and abiding fruits, sure to grow out of annezaiion effected upon a proper basis; and to enure mutually and reciprocally to the benefit of both countries, will ensure to Mr. Tyler the lasting gratitude of the people of Texas. His policy of annexation may or may not attain its object, depending for success as it does upon the contingent and uncertain modification and harmony of conflicting interests and opinions, beyond the control of either government and inseparable from the republican institutions of each; but in its tri- umph or defeat, Mr. Tyler and his distinguished supporters in the cause of annexation, will receive, as a mede [sic], if inferior to their high deserts, still, it is hoped, not worthless in their estimation, the enduring tribute of a nation's thanks. Your reply to the enquiries so frequently addressed to you by Members of Congress and others in the United States, relating to the present views of this government in regard to annexation, as communicated in your private dispatch, under date of the 17th. ultimo,^ the receipt of which the President directs me to acknowledge, meets his entire approbation; and was conceived in terms corresponding with the existing relations and the state and progress of the negotiations between the two governments, o Addressed to Jones. b Addiessed to Jones. See Calendar of Comspondenoe with the United States in Part I. Digitized by Google CORRESPOlirDENCE WITH THE UNITED STATES. 339 touching that subject. Should the present session of the Federal Congress pass by without fixing upon some definite, tangible and eligible mode for carrying into effect the projected scheme of annexor lion, it is highly probable that the people and Government of Texas, yielding to the natural influence of disappointment, and to an irre- sistable reaction consequent upon procrastination, would feel com- pelled to consider their connexion with the measure dissolved. The evidence required by Mr. Calhoun touching the case before referred to, will be furnished by this Department at its earliest possi- ble convenience, and will, as I trust, be forwarded in season for the necessary action of the Congress of the United States upon the sub- ject, at the present session. In as much, however, as all the witnesses conusant* of the necessary facts, reside some four hundred miles distant from our Seat of Government, some time must necessarily elapse before the requisite testimony can be obtained and forwarded. I am Dear Sir With sentiments of great esteem Your Obedient Servant E. ALX.EN Attorney General of the Republic and Secty of State j ad interim. Raymond to Allen.^ Dispatch No. 138. Legation of Texas Washington D. C, J any 11th. I845 Hon E. Allen etc. etc. etc Sm Enclosed herewith, I have the honor to transmit a copy of the reply of the Secretary of State of the United States to my note of the 4th. instant commimicating inteUigence of the commencement of a new Administration of our Government. The discussion on the resolutions for the annexation of Texas to this Union still continues in the House of Representatives. I imder- stand the vote upon them will be taken next tuesday, when they will undoubtedly be passed by a small majority; and I shall be disap- pointed if they do not also pass the Senate during the present session. Hon Ashbel Smith arrived in this city on tuesday, last, and con- templates leaving for Texas the first of the ensuing week. I havehad no intelligence of Col Reily since the 23rd. ultimo, when, as I before informed you, he was in Lexington Kentucky. aCognltant. »A. L.S. Digitized by Google 840 AMERICAN HISTORICAL ASSOCIATION. I find that my private affairs are in a condition to require my per- sonal attention, and to make it desirable that I reach home by April, next. I therefore beg leave, most respectfully, to tender, through you, to His Excellency the President this my resignation, and request that it take effect on the 1st. of March, next. I trust that Congress wiU make the necessary appropriation for my salary up to that time. I have the honor to be with high regard. Your Most Obedient Servant Chas. H. Raymond [Inclosed is a copy of Calhoun to Raymond, January 8, 1845, acknowledging the receipt of Raymond's note of January 4.] IIousE Resolution asking foe Information about Texan Debt, etc.** Allen to [Raymond.] Department of State, Washington [Texas,] 16th. Jan'y 1845^ Sm, A letter from Messrs L. H. WiUiams and B. Sloat, Indian Agents in the service of the Government, addressed to Major Thos. G. West- em, Superintendent of Indian Affairs, under date of the 6th. Jan'y inst., has just been laid before the Executive; from which, it appears, that the two children of Mrs Simpson, stolen by Indians from Austin, on the Colorado early.in November last, are now in the possession of the Waco and Toweash or Wichita Indians, encamped in the Wichita mountains, about 550 miles northerly from this City; in the Territory of the U. States. The agents above named were sent out, immediately after the news of the outrage reached the ears of the President, for the purpose of seeking and recovering those children from their Indian captors; but having reached a point some 200 miles above this place, they foimd it impossible to proceed; — the prairies for hundreds of miles across which they must travel, being at this season, destitute of grass, and furnishing no food for their horses. They will recommence their jour- ney so soon as the grass shall spring up, and will reach Fort Towson early in the spring. Congress has by a Joint Resolution approved on the 31st ultimo, appropriated and placed at the disposed of the President the sum of $300 for the redemption of these captive children. a January 14, 1845. See Raymond to Allen, January 27, 1845. b Received February 9. See Raymond to Allen, February 18, 1845. Digitized by Google (X)EBESPONDENCE WITH THE UNITED STATES. 341 The President directs that you communicate this intelligence to the government of the United States and request the aid of its authori- ties to effect the release of the prisoners through the agents or other- wise, from the Indians, and cause them to be conveyed to Fort Tow- son or some other point where they can be delivered to our agents and restored to their home and friends. All necessary expenses attend- ing a cooperation on the part of the authorities of that government to recover those captives, will be promptly paid if within the appro- priated amount, and should it exceed that amount, a sufficient sum will be no doubt appropriated to meet the excess. The prisoners are William, a son and Jane, daughter, of Mrs Simp- son, a widow lady residing at Austin — The former about twelve and the latter about fourteen years of age. The tribe with which the Wacos are encamped in the mountains are known indifferently as the Toweaah or Wichita Indians, and it is- hoped that the foregoing information, with such assistance as the President doubts not will be cheerfully accorded by the Government of the U, States, will lead to the speedy release of tJiese youthful cap- tives from their savage masters, who delight to aggravate rather than relieve the afflictions and sufferings of their prisoners. I have the honor to remain Very truly Your Obt. Servt. (Signed) Ebenb. Allen Atty Genl. of the BepiMic of Texas and Sec'ty of State, ad interim. Raymond to Allen. Dispatch No 139. Legation of Texas Washington D. G. 16th. Jany 1845 Hon E. Allen etc. etc. etc Sm: I have just received a letter from the Hon James Reily dated at Lexington Ky. on the 10th. inst. informing me of his intention to leave that place for Texas on the 13th. instant. I infer from it that he has declined his appointment of Charg6 d' Affaires to the United States.* My resignation was tendered imder the expectation that he would be here to relieve me by the time I desired it to take effect. If imder a The Texas Senate had refused to confirm Refly's appointment, becaose he was believed to be opposed to annexation. See Smith to Relly, February 10, 1845, which Is excluded from this series as beknislng rather to the Domestic than the Diplomatic Cotreqwn d enc e of the BepobUoof Te: Digitized by Google 842 AMEBICAN HISTORICAL ASSOCIATION. present circumstances, the Government desire me to remain longer than to the 1st. of March next, I will endeavour so to arrange my pri- vate affairs as to make it convenient for me to do so. The debate on the *' Texas question'' has not yet terminated. Mr Foster of Tennessee has introduced in the Senate, and his colleague, Mr Milton Brown, in the House, a joint resolution to annex Texas, which seems to be acceptable to most of the democratic, and many of the whig members of both Houses. I entertain strong hopes of a favorable action on the question before the close of the present session. Hon Ashbel Smith left this city on the 13th. instant for Texas. I have the honor to be with high consideration Your Most Obedt. Servt. Chas. H. Raymond Dbposftion op Weight.* Deposition of Bourland.® Allen to Raymond. Department op State, WasMngtan, 20th. Jan'y 1846 J" Sm, Having at length received the testimony required, for the final adjustment of the claim of this Government on that of the United States originating in the seizure of goods, by the Collector of Customs for the Red River District, introduced by citizens of the United States into this Republic in violation of her revenue laws, and the subsequent forcible rescue of these goods by the importers, connected with abuse inflicted by them upon the person of the Collector, I hasten to trans- mit the same to you. This testimony is contained in the accompanying depositions of Capt. James Bourland the Collector and the Hon. Geo. W. Wright a citizen of Lamar County and Senator in the Congress of Texas, and will be foimd, I doubt not, fully sufficient to establish the points sug- gested in the note of Hon. J. C. Calhoim, Secretary of State of the United States addressed to you imder date of the 2d. ultimo — a copy of which accompanied your late despatch. o January 18, 1845. See Allen to Raymond, January 20, 1845. fr Reoeived February 0. See Raymond to Allen, February 18, 1845. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 343 I trust that you will receive these depositions in season for the Executive to present the matter to Congress for the requisite appro- priation, at its present session, as indicated by the note referred to of Mr. C. I remain, Your Obt. Servt. (Signed) Ebenb. Allen AUy. Genl. and Secfy of State, ad interim. To Hon. Charles H. Raymond Acting Ohargi d^ Affaires etc. etc. etc (Copy.) The Deposition of Hon. George W. Wright of Lamar Coimty — a Senator in the Congress of the Republic — ^now in session. I George W. Wright a citizen of Lamar County in the Republic of Texas — ^being sworn upon the Holy Evangelist of Almighty God, do upon my oath depose and say that in the latter part of the month of March A. D. 1843 I was in company with Messrs. Timms, Burtho- lett and others, citizens of the United States, who were interested as owners or otherwise in the goods, wares and merchandize which about the fifteenth of that month had been landed from the Steam Boat Fort Towson — Capt. Joseph Scott, Master, at Brierly's Landing in Red River Coimty — in alleged violation of the Revenue Laws of Texas, and for that cause had been seized by Capt. James Bourland, Collector etc. That those gentlemen being interested in obtaining the release of the goods applied to me to aid them in so doing by advice and by becoming security in any bond or obligation to the Government of the Republic which might be necessary to effect the legal release of the goods. They informed me that the value of goods, wares and merchandize, so seized, amoimted in the aggregate to the siun of about fifty thousand dollars. I understood from those gentlemen and have learned from many others acquainted with the transaction, that the facts and circumstances attending the illegal introduction of said goods, their consequent seizure by the Collector, Mr. Bourland, and their subsequent forcible taking, and removal by Capt. Scott and others, citizens of the U. States, were substantially the same as related in the accompanying Deposition of Mr. Bourland himself — which I have carefully perused and examined. (signed) G. W. Wbight Digitized by Google 844 amebican historical association. Republic op Texas January 18th. 1845 Then the above named G. W. Wright personally appeared and made oath to the truth of the foregoing Deposition by him subscribed before me. (Signed) M P NoRTOK / •^^^ ^^ District CouH (Ckjpy.a) The Deposition of James Bourland; Collector of Customs for the Red River District, co[m]posed of the Counties of Fannin, Lamar, Bowie and Red River, with the late Judicial County of Paschal. I, James Bourland, being first duly sworn upon the Holy Evangel- ist of Almighty God, do upon oath depose and say, that on or about the fifteenth day of March A D 1843, certain goods, wares and mer- chandise, as herein after described, were imported and introduced into the Republic of Texas, at a place in the County of Red River and in the Collectoral District aforesaid, situate upon the southerly bank of Red River, called Brierly's landing — also known by the name of Rowland. The said Goods wares and merchandize were imported from some port or ports in the United States, upon a Steam Boat called the Fort Towson — the same being a foreign vessel owned by citizens of the United States, and were landed at the time and place aforesaid by the officers and crew of said Steam Boat, who proceeded to store and deposit the same in a certain ware house there; — that no stress of weather or misfortune, or emergency existed as this deponent believes to cause the same to be so landed and stored; but that the said Steamboat — immediately there afterwards, departed for the pur- pose of receiving another cargo at some place further down the said River, and in the United States, with which to return; — that, although there was an officer of the customs in the immediate neighborhood of that place, at that time, still no report was made to him by the Officer in command of said Steamboat as required by the Revenue Laws of Texas, nor were the impost duties prescribed by those laws paid or tendered, before or after the landing and depositing of said goods, wares and merchandise as aforesaid: — that afterwards, on or about the twenty-sixth day of March 1843, I, the said deponent, believing that said goods, wares and merchandise had been introduced into the territory of this Republic in violation of the revenue laws thereof, and that the same were concealed in said ware house, procured a warrant from the proper Judicial authority, and by virtue thereof proceeded to search for said goods, wares and merchandise — and accordingly f oimd • See Records of Department of State (Texas), Book 44, pp. 343-346. Digitized by Google CORBESPONDENCE WITH THE UNITED STATES. 345 the same in the warehouse, where they had been deposited as afore- said; — whereupon I seized the same in accordance with the laws in that behalf, and instituted proceedings in admiralty, to the end that the said goods, wares and merchandise might be proceeded against, condemned and disposed of according to law. That the said goods, wares and merchandise so foimd and seized by me as aforesaid — consisted of the following articles and packages, and are in other respects as follows — viz: [Here follows the inventory.^] And I, the said Deponent, do further state the necessary expenses incurred in the premises, and in taking charge of said goods, wares and merchandise, and in the necessary examination, removal, and repacking of the same in the discharge of my Official duty, consequent upon such seizure — amounted to the sum of one hundred dollars; and that the aggregate value of the said goods, wares and merchandize was, at least fifty four thousand dollars, as appeared from the exami- nation and from the fullest and best information that I could obtain from the owners and traders interested in the same. And I, the said Deponent do further declare and say, that about the eighth of April 1843, while I was in lawful possession of the said goods, wares and merchandise, at Rowland aforesaid, Captain Joseph Scott, commander of the Steamer Fort Towson aforesaid, together with the crew of said boat, aided by a part of the hands employed on the Steam Boat "Hunter," consisting of from thirty to forty men, all of whom were citizens of the United States — came suddenly upon me and having thrown me violently upon the ground, they proceeded to tie and confine me with a rope, which they drew around my arms, shoulders and legs, so as to prevent me from rising, keep me in a prostrate condition on the ground and utterly prevent the use of my limbs. At the same time they, with insults and abusive language, took from my person, my brace of pistols, knife and keys and carried them on board the boat. In the mean time Capt. Scott himself who had the command and direction of the crowd, and who is a resident of Arkansas, stood over me armed with a gun, several others of his crew also standing about armed with Guns, while the remainder by his order proceeded to the ware-house, broke the door from its hinges, and conveyed all the goods, wares and merchandize aforesaid, on board of the Steamboat Fort Towson — then at the landing; after which Capt. Scott and his crew went on board the boat and immediately put oflf. In relation to the amoimt of damages sustained in consequence of the forcible seizure and taking away the said goods, wares and mer- chandize, under the circumstances before mentioned, I the said a For a copy inclosed with Boorland to Secretary of Treasury, May 4, 1843, see Calendar of CoR^ spODdeoce with the United States in Part I. Digitized by Google 346 AMERICAN HISTORICAL ASSOCIATION. deponent can remark that I cannot pretend to suggest the proper rule for estimating these damages. The aggregate value of the property forcibly seized and taken away from my possession as aforesaid by Captain Scott and others, citizens of the United States cannot in my opinion fall short of fifty four thousand dollars. The expenses incurred by me attending my ofl&cial seizure of the goods etc., as above mentioned, cannot be fairly esti- mated at less than one hundred dollars more, — and the damages sus- tained in my own person by reason of the indignities so offered me as aforesaid, while in the lawful discharge of my Official duties, I will not attempt to estimate, but will leave this item to the decision of the authorities interested in the final adjustment of the affair between the two countries. And further, this Deponent saith not. (Signed) James Bourland Collector of Red River District Republic op T^xas January 18th. 1845 Then the above named James Bourland personally appeared and made oath to the truth of the foregoing Deposition by him Subscribed before me. (Signed) M P Norton Judge of the Dist, Court 6th Jud District. Green to Donelson.^ DoNELSON to Allen.** Legation op the Unfted States Washingtonj Texas, Jany. iOth, 18^5 The undersigned, Chargfi d' Affaires of the United States, has the honor to submit herewith to the consideration of the Honble Mr Allen, Attorney Gtenl of Texas, and charged ad interim with the Department of State, a letter from Duff Green Esqr., in relation to the objectionable conduct imputed to him, and which was the subject of the communication made to the undersigned on the 4th. Inst by the Honble Mr Allen. Accompanying this letter is also one addressed to Mr Green by three Gentlemen of this place. The object of both letters is to shew that Mr Green, however understood by the President, did not intend to misrepresent him, or influence improperly his conduct. « January 20, 1845. See Donetoon to Allen, January 30, Igff. » A. L. 8. Digitized by Google COBBESPONDENCB WITH THE UNITED STATES. 347 This voluntary disclaimer on the part of Mr Green of all intention to wound the feelings of the President or interfere in any manner with the conscientious dischai^e of his official duties, it is hoped, by the undersigned, will justify a withdrawal of the personal imputa- tion on his character and produce a restoration of the friendly rela- tions which would otherwise have continued to exist between them. The undersigned r^rets deeply that his confinement to the bed of sickness, from which he is yet hardly able to rise, has so long post- poned this explanation; but he is happy to say that he has in the interval received evidences of the most satisfactory nature that the disclaimer offered by Mr Green is not only sincere, but is consistent with the exposition, which a closer examination has afforded of the measures proposed to be accomplished by him through the agency of this Government, and in the interviews respecting which originated the misunderstanding between himself and the President. Of the opinion entertained by the undersigned of those measures, he does not deem it necessary on this occasion to say more than was suggested in his note of the 6th. on the subject. His object here is simply to be the medium of explanation for Mr Green, being satisfied that the President will take great pleasure in withdrawing personal imputations on his character, whenever he is satisfied that they are not deserved. The undersigned renews to the Honble Mr Allen the considerations of high regard and esteem with which he continues to be his Most Obedient sevt A J DONELSON Honble Ebenezeb Allen AttoTTuy General and Secretary of State ad interim oftTie Republic of Texas. Washington January 20th. 1845 Dear Sir I have read the copy of the letter from the Secretary of State giving the reasons for the revocation by the President of Texas of the Exequatur, under which I acted as consul.** Nothing was further from my intention than to offer the slightest disrespect to him, or to resort to any improper means to obtain his sanction for the meas- ures to which he refers, and I trust that as an act of justice to us both, you will disclaim for me all intention to offer the slightest disrespect or to interfere in any manner with the consciencious and independent discharge of his public duty. I need not say to you that the measures referred to, as presented by me, were believed to be proper and expedient. My purpose is not to discuss them but to enable you to make the most unequivocal disclaimer and to put my intentions properly before the President • AUen to Donelson, Januvy 4, 1845. Digitized by Google 348 AMERICAN HISTORICAL ASSOCIATION. I do this ns an act of justice to mjself leaTing hixn to act ns he may think proper. My letter of the 2nd. of January, published in the Telegraph ** was written under an apprehension that the President had intentionaly sought a quarrel without cause, and that altho an effort was then making to bring about a reconciliation it would not be accomplished. It was but natural that under such circumstances I should yield to the suggestions that he was, in fact, opposed to annexation and was acting under the advice of the British Minister. Yet you will see, by reading that letter, that I do not make the charge, but reserve my opinion subject to his future action. That letter was placed in the hands of the Editor of the Telegraph, not to be published unless it became necessary for my vindication. When I heard that in an interview with you the President indicated a willingness to do me justice I would have written to Houston to prevent its publication, but found upon inquiry that it was too late for an express to reach there in time. I regret its publication, as from the assurances received through you, I am satisfied that injustice has been done to the President. I have the honor to be very respectfully Your obdt servt Duff Green His Ex A. J Donaldson US. Charge etc etc (Copy.) Washington Jany Ist. 1846 To Genl. Duff Gbeen Sm We have had the honor of receiving your note of this Inst., re- questing us to address you a written statement of the substance of the conversation which occurred at your room on the night of the 29th. ultimo ; as it had become important in explanation of a conversation with the President on the next day. We have no hesitation in communicating to the best of our recol- lection the substance of that conversation. We do not recollect any remark made by you, other, than of the most respectful, and confid- ing character in relation to the Executive. And we cannot but re- gret that any thing should have grown out of it making this commu- nication necessary. We were together in your room on the occasion o TOegraph and Texat Register for January 8, 184S. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 349 to which you allude. The conversation turned on the subject of annexation. The first of the undersigned spoke of the mass meetings which had lately been holden in the counties of Matagorda and Bra- zoria, and of the expression of opinion in his section of the country, that the President, heads of Departments and foreign Mmisters were all opposed to annexation. You expressed the decided belief that our Executive would not oppose a proposition from the United States for the annexation of Texas, which she ought [to,] or could accept. You further expressed the opinion that the recognition of Texas Inde- pendence by Mexico, without annexation, would be followed by the abolition of slavery in this country in five years. The first of the undersigned then stated that he had been among the first "to put in motion the ball of revolution" in Texas; that rather than submit to such a state of things, he would be willing to go into another revolution. You inquired * ' how " ? One of us responded '*by a convention of the people", to which the first gave his assent You still persisted in the expression of your belief that, the offer of such terms of annexation as Texas ought or could properly accept would meet with the Executive approval. We have [the] honor to be Sir, very Respectfully Your Obt. Servants (Signed.) Robt. H. Williams A. S. Thruston Jos. C. Meggerson DONELSON TO AlLEN.^ « Washington, Texas Jany Slst. 1845 To the Honble Ebeneezer Allen Attorney General and Secretary ad interim of State of Texas Sm, I beg leave to call your attention to a claim, upon the Government of Texas, held by William B Lewis, Esqr. 2d Auditor of the Treasury of the United States. It is founded on an advance of money made in the winter of 1836-37, to the escort that accompanied Genl Santa Anna to Washington City under the authority of this Gov- ernment. The escort being out of funds were under the neces- sity of obtaining a loan at the Metropolis Bank of $1500 which was effected through the instrumentality of said Lewis as an endorser of their note. The liability to the Bank was duly met and paid by the endorser. As the endorsement was made on the faith of this Government, whose honor was involved in the transaction, it is believed that it a See Records of Department of State (Texas), Book 43, p. 48. Digitized by Google 350 AMEBIC AN HISTORICAL ASSOCIATION. constitutes a claim which will be recognized with pleasure. It is understood to have been promptly acknowledged at the time by President Houston, who would have paid it but for the want of means in the Treasury. The subject is now submitted to the consideration of the Executive, with a hope that under his protection and recommendation, it may re- ceive such a disposition as will secure relief to the worthy citizen who so generously offered his credit to sustain an appeal made to him in behalf of Texas. I have the honor to be very respectfully Yr. Obt. Servt. a j donelson Allen to Donelson. Department op State, Washingtony [Texas,] 2l8L Jan'y 1846. The undersigned, Attorney General of the Republic of Texas, charged, ad interim, with the direction of the Department of State, has the honor to acknowledge the receipt of the note addressed to him, on yesterday, by the Hon. A. J. Donelson, Charg6 d' Affaires of the United States, relating to the ** objectionable conduct" recently imputed to Duff Green, Esq., originating in his interview with the President, enclosing Mr. Greens letter to the Hon. Mr. Donelson, under date of the 20th. inst., and the copy of a communication from three Gentlemen of this place to Mr. Green — the two latter having relation to the same subject, containing a disclaimer on his part to offer *'the slightest disrespect" to the Executive or to interfere in any manner with the conscientious and independent discharge of his public duty; and manifesting the desire that the Hon. Mr. Donelson should so present the matter to the President as to place before him in a proper point of view the intentions of Mr. Green. Towards that gentleman, Mr Donelson cahnot but be perfectly aware that the course pursued by His Excellency resulted alone from a sense of the official obligations incident to his station — in adopting which, he neither entertained nor was in any degree influenced by motives of private pique or personal unkindness; and the under- signed having submitted the note of the Hon. Mr. D. and its accom- panying communications, to His Excellency, has the satisfaction of announcing, in reply, that His Excellency, accepts the disclaimer of Mr. Green, coming as it does with the explanations in his behalf, which the Hon. Mr. Donelson has presented. A necessity for giving color to suspicions prejudicial to any indi- vidual, of wounding his feelings, or in any degree interrupting his private relations in society, be the justification ever so apparent or Digitized by Google COBEESPONDENCE WITH THE UNITED STATES. 351 the duty ever so imperative always prevents an alternative to be regretted by the ingenuous and the honorable. Alive to such feel- ings, His Excellency is happy to avail himself of the occasion to obvi- ate, so far as the tenor of the correspondence referred to will warrant, the injurious effect of any imputations resting upon the private char- acter of Mr. Green resulting from a possible misunderstanding of the motives which actuated him in his interviews with the Executive; who as the undersigned is instructed to inform Mr. D. is willing to beUeve that he may have misapprehended the intentions of Mr. Green, and that his designs were in fact as expressed in the language of his disclaimer. The President duly appreciates the honorable motives which induced Mr. Donelson to become the medium of explanation, as stated in his note, for Mr. Green, but in announcing this acceptance of the explanation thus offered and the proposition, suggested by the Hon. Mr. D. in the matter under consideration, the undersigned must be permitted to remark, that he is happy to perceive from the letter of Mr. Green that he regrets the pubUcation of his communication addressed to the Editor of the Telegraph under date of the 2d. instant, and the acknowledged injustice [which] has thereby been done to the President. The apparent charge conveyed by the lan- guage of that article that the Executive was opposed to annexation and was acting under the advice of the British Minister, requires no remark from the undersigned, as he conceives, to obviate any unfavor- able impressions which such a chaise would be calculated to make upon the mind of Mr. D. — or to convince him of its fallacy and injus- tice. The state of the negotiations pending between this government and that of the United States, the evidences of which are in Mr. D's possession would furnish to such a charge even if seriously made, a sufficient refutation: Mr. Greeny however, in his letter communicated vnth the note of Mr. D., to the undersigned, denies making such a charge — ^which would in fact have been wholly at variance with his own repeated declarations as stated in the letter of the three gentle- men, before alluded to, bearing date only one day before that of his communication to the Telegraph, a copy of which is reUed upon as a part of the explanation submitted in his behalf. The recovery of Mr. Donelson, from recent severe illness, affords to His Excellency an occasion of sincere joy and congratulation, in which the undersigned most cordially participating, renews to Mr. D. the assurance of the high regard with which he has the honor to remain His Most Obedient Servant. (Signed) Ebenb. Allen. To Hon. A. J. Donelson Chargd d^ Affaires of the U. S. etc. etc. etc. Digitized by Google 352 amekican historical association. Calhoun to Raymond.^ Calhoun to Raymond.* Raymond to Calhoun/ DONELSON TO JoNES.** Raymond to Allen.* Dispatch No 140. Legation op Texas Washington D. C. January £7ih. 184S Hon E. Allen etc etCy etc Sir: Enclosed herewith I have the honor to transmit to you copies of the note of Mr Calhoun, Secretary of State of the United States, of the 22nd. instant, and the Resolution of the House of Representatives which accompanied it, and also my reply to the same. I also send you a copy of the Joint Resolution declaring the terms on which Congress will admit Texas into this Union as a State, which passed tlie House of Representatives of the United States on the 25th. instant by a vote of 120 to 98, Several whig members voted for, and several nortliem democrats against it, so that it was not passed by a strict party vote. The northern democrats who voted against it, at the same time expressed themselves favorable to the measure of annexation, but desired further restrictions with regard to slavery. It will in my opinion pass the Senate by a smdU majority ; and be approved by the President of the United States. The door will thus be opened for our admission into this great and glorious confederacy of states; and it will remain for Texas to say whether she will become a State of this Union and upon what terms and conditions. If we but let the slavery compromise stand as the Joint Resolution leaves it, I am well satisfied that the next Congress which convenes at this Capitol, will agree to almost any terms we may name. a January 22, 1S45. See RaTxnond to Allen, January 27, 1845. b January 22, 1845. See Raymond to Allen, February 6, 1845. e January 23, 1845. See Raymond to Allen, January 27, 1845. d January 23, 1845. See Calendar of Corresiwndence with the United States In Part L • A.L.S. Digitized by Google COBEESPONDENCB WITH THE UNITED STATES. 353 I send to you by to day's mail the "Globe" "National Intelli- gencer" and "Constitution" of the 25th. instant in which you will find the several Joint resolutions for annexation which were before the House of Representatives and the vote upon each of them. I have the honor to be, with high consideration, Your Obedient Servant Chas. H. Rayhokd (Mr CtDioim to Mr Bafymond.) Department op State Washington [D. C.,] January 22nd. 1846 Sm: I have the, honor to Aldose herewith a copy of a Resolution of the House of Representatives of the 14th. Inst.; and respectfully request to be furnished with such information as you may possess in reference to the subjects mentioned, not heretofore communicated by you to the Department, as may enable me to answer the call, at as early a day as possible. I have the honor to be, with high consideration, Sir, Your Obedient Servant, (Signed) J. C. Calhoun. To C. H. Raymond Esq etc, etc, etc [Next come copies of the resolution referred to, inquiring after the financial condition, population, and landed resources of Texas;* Rajrmond to Calhoun, January 23, 1845, '^ in reply to Calhoun's of the 22nd; and of the joint resolution of the United States Congress, declaring the terms of annexation as it stood when the despatch was written. <^] Donelson to Calhoun.^ DoNELsoN to Calhoun.* Raymond to Calhoun.-^ a Ccnf. CFtobe, 28th Cong., 2nd Sees., p. 135. b B— Calendar of Correspondenoe wtth the United States in Part I. c See Cong. Qloibe, 28th Cong., 2nd Seas., p. 193. d Janoary 27, 1845. See Calendar of Correspondenoe with the United States In Part I. < January 30, 1845. See Calendar of Correspondence with the United States hi Part I, / February 6, 1845. See Raymond to Alien, February 6, 1846. 39728**— VOL 2, PT 1—11 ^28 Digitized by VjOOQIC 354 amebican historical association. Raymond to Allen.* Dispatch No. 141. Legation of Texas WasUngUm D. C. Fehy 6ih. 1845 HonE. Allen etc. etc, etc. Sib I have the honor to acknowledge the receipt of your dispatch of the 10th ultimo; and am gratified that my reply, as communicated in my private dispatch of the 17 th of December, last, to the inquiries so frequently addressed to me by members of Congress and others in this coimtry relative to the present views of our Government in regard to annexation, meets the approbation of the President. A majority of the Committee on Foreign Relations in the Senate reported on the 5th. inst; against the Joint Resolution for annexa- tion which had previoudy passed the House of Representatives. Their principal objection was the unconstitutionaUty of the proposed mode of admitting Texas into the Union; they however suggested no other method for its accomplishment, but recommended that the whole subject be laid on the table. On yesterday, Col. Benton withdrew his former bill for the annexa- tion of Texas; and offered a substitute for the same. I herewith enclose you a copy of his substitute, which after some alterations, or perhaps as it now stands, will probably meet the approval of three fifths of the Senate. I have the honor, also, herewith to transmit you a copy of the note of Mr. Calhouns, Secretary of State of the United States, of the 22nd. ultimo, in reference to two Texan boys who were captured by Indians, and supposed to be among the Wichitaws, within the United States, and of my reply to the same of this date. Mr. Calhoun is just recovering from a severe attack of pneumonia. I have the honor to be, with sentiments of high regard and esteem Your Obedient Servant Chas. H. Raymond [Next follow copies of Benton's substitute bill referred to, pro- viding for negotiations for annexation, and appropriating one hun- dred thousand dollars to pay the expense of such negotiations; '^ Calhoun to Raymond, January 22, 1845.*'] (Mr Raymond to Mr Calhoan.) Legation of Texas Washington February 6th. ISJfi The Undersigned, Charg6 d'Affaires ad interim of the RepubUc of Texas has the honor to acknowledge the receipt of the note of Mr aA.L.S. b See Cong. Globe, 28 Cong., 2 Sees., p. 244. «See Calendar of Conespondenoe with tine Unltad States in Part L Digitized by VjOQQIC COBBESPONDENCE WITH THE UNITED STATES. 355 Calhoun, Secretary of State of the United States, of the 22nd. ultimo, informing him of the measures taken by the Government of the United States for the recovery of two Texan white boys, who were supposed to be in captivity among the Wichitaw Indians, within the United States, and of the fact, that, after a careful examination through the village inhabited by that tribe, the persons making the search became satisfied the boys were not in possession of the Wichitaws. The Government of the Undersigned will be gratified to learn of the earnest eflforts so promptly and willingly made by the Government of the United States for the recovery and restoration of the two boys to their kindred and coimtry ; and although those efforts have, as yet, failed in effecting their humane purpose, they nevertheless furnish renewed evidence of the friendly disposition of the Government of the United States, towards the Government and people of Texas, and of its determination to fulfill, in good faith, its treaty stipulations with that country. As there is a rumor, perhaps well founded, that the boys are held as captives by Eackapoos or Comanches, Indian tribes inhabiting the territory of the United States, the Undersigned entertains the hope that the Government of the United States will not relax its efforts until the place of their captivity be discovered and they be safely delivered into the hands of their friends. The Undersigned avails himself of this occasion to offer Mr Calhoun renewed assurances of his high consideration. Chas. H. Raymond To the Honorable J, C. Calhoun etc. etc. etc. Raymond to Calhoun.* Smith to Donelson. Department op State Wdshington on the Brazos. February 10th 1845 The Undersigned, Secretary of State of the Republic of Texas, has the honor to acknowledged the receipt of the note of the Hon. A. J. Donelson Charg6 d' Affaires of the United States of America, bearing date the 2d Deer. 1844. together with the accompanying documents, in relation to a complaint made against the Collector of the Customs at Sabine in Texas, inasmuch as this officer required o February 10, 1845. See Raymond to Allen, February 18, 1845. Digitized by Google 356 AMEBIC AN HISTORICAL ASSOCIATION. the payment of tonnage duties from certain American Teasds resort- ing to the port of Sabine for commerce. ^The right of every nation to make those interior regulations respecting commeroe aad navi- gation which it shall find most convenient to itaelf and to reserve to itself the liberty of admitting at its pleasure other nations to a participation of the advantages of its commerce, is a doctrine which has received the solemn and repeated sanction of the American Government, and will not, it is presumed, be controverted by the Hon. Mr. Donelson. On this clear principle the Government of Texas may of right establish the conditions on which they wiU admit other nations to come to their shores and receive the products of their soil or carry on commerce with their inhabitants; and they may require as one of the conditions of vessels trading with their port of Sabine the payment of dues or tonnage duties The town of Sabine in Texas is a commercial fori; the adjacent country along Sabine Bay is washed by navigable waters; and the whole is subject to all the uses and incidents appertaining to a coast bordered by navigable waters. The port in question cannot be used except as a party a marUime depot, for ordinary commercial purposes, neither can it by any fiction be regarded in any other light. If Sabine be not used as a port it cannot be used for commercial pur- poses at all; and the GoVt of Texas, as already intimated, may require as one of the conditions on which they will allow foreign vessels to trade with this port, the payment of tonnage duties; and if the payment of these duties be refused may bring to all vesseb so refusing and compel payment. Relatively to this point, the under- signed begs to cite Mr Jefferson who in 1792, then Secretary of StaCe under General Washington declared in a commimication on a matter similar to the one now imder discussion that, **the right to use a thing comprehends a right to the means necessary to its use and without which it would be useless." And this doctrine has been since explicitly asserted by all the American text writers on Inter- national Law and solemnly affirmed and acted on by the American Government. If moreover the use of such means be refused on a plea of ** jurisdiction" or the use so shackled by unnecessary regu- lations as to render it unavailable by Texas, it then becomes an injury of which Texas may demand redress. If the Government of Texas do not possess the right to collect tonnage dues and establish the other customary regulations of commerce for the port of Sabine, then have we at Sabine the most absolutely free port in the world, and there exists no authority any where to regulate or supervise the commerce that may be carried on thereat. The undersigned does not suppose that the Hon. Mr a Opposite the beginning of this sentence in the margin are written the words, " Treatf between Fmdob and the United States of 1778, preamble." Digitized by Google C0BRE6P0NDEKCE WITH THE UNITED STATES. 357 Donelson on the plea of ''jurisdiction" would claim for his Gov- enunent the right to establidi a custom house at the Sabine to regu- late the commerce of the port, thus making the soil of Texas appur- tenant to the water which washes its shores. The authority to regu- late the commerce of the port in question must exist somewhere. The undersigned believes it is vested in the Nation owning the terra •firma. Custom Houses are established on Vmi and not on the waUr although their operation extends over the water. If the ri^t contended for by Texas exist at all, it is and must of necessity be exercised as a 'perfect right, otherwise it would be utterly nugatory. It would be idle to establish regulations for the commerce carried on upon its coast, if vessels in sight and even within short gun shot of the shore may openly set at naught or evade those regula- tions. And a limited jurisdiction for this purpose must be exercised by Texas over the adjacent waters. So bold an evasion and flagrant a violation of the revenue laws of Texas as has been attempted by the averment that the commerce between the shore and foreign bottoms has been carried on by means of flat boats or keel boats, will not surely be justified by the Hon Mr. Donelson. To prevent Uke audacious frauds, England and the United States claim and exercise for this special purpose a jurisdic- tion of twelve miles from their coasts respectively, within which distance they will not allow such fraudulent trans-shipments to be made. By the terms of the Treaty of 1819, made between Spain and the United States, renewed in 1828, between Mexico and the U. States and finally established in 1838 between Texas and the United States, as the basis for running the boundary line, without any change of language so far as relates to the boimdary and the waters of Sabine Bay; it is declared that the ''use of the waters and the navigation" of the Bay are common to the inhabitants of both countries. This stipulation is declaratory of the right of Texas to the use of the waters in question, and is as clear and essential a portion of the Treaty as that which establishes the boimdary line along the Western bank of these waters. The undersigned has entered into a brief argument above to show on soimd principles of public law and from the necessity of the case, that a harren use was not intended — a bare permission to sail in and out of Sabine Pass — but a beneficial use for all things which may be lawfully done on shore. If foreign vessels resort to the port of Sabine to receive the products of Texas, the Nation owning the land and this nation alone, can impose tonnage duties and if necessary can go upon the water to enforce the collection of them by virtue of their right of use solemnly recognised in the Treaty in question. It would be violative of the best established of all rules of interpreta- Digitized by Google 358 AMEBICAN HISTORICAL ASSOCIATION, tion, so to interpret the ^* jurisdiction" as to exclude the use; both rights repose on the same basis and are not incompatible; effect must therefore be given to both. No incompatibility or conflict can arise, inasmuch as the United States cannot claim to establish custom houses at the port of Sabine nor collect duties upon Texian soil on the products shipped or foreign merchandize imported there; To do these acts appertains of right exclusively to Texas on princi- ples of public law and by the provision of the Treaty of Boundary. The Undersigned cannot therefore admit the opinion exprrased by the Hon Mr Donelson that ''the authority to collect these duties cannot be recognised by the United States without a surrender of their jurisdiction of the waters of Sabine pass, Lake and river"; on the contrary he conceives that the Government of Texas have a perfect right to collect these duties and to the "use and navigation" of the waters in question for this purpose, and their collection does not conflict with the just claims of the United States nor afford that Government any good cause of complaint. He cannot believe that the Government of the United States propose so to stretch the inter- pretation to be given to their ''jurisdiction" as to sustain their citi- zens in violating those laws which the people of Texas may legiti- mately establish, as a condition of commerce with them. The undersigned embraces this opportunity to present to the Hon. Mr Donelson assurances of the high consideration with which he has the honor to be. Most Respectfully His Very Obedient Servant (signed) Ashbel Smith Hon. A. J. Donelson Charge d^ Affaires of the United States of America etc. etc, etc. Raymond to Calhoun.** Smith to Raymond. Depaktment op State Texas, Fehy. 11, I84B. Sir:— I have the honor to acknowledge the receipt of your despatches bearing date the 4th and 16th ultimo. His Excellency the President wishes you to remain at your post until the 4th March next, and in the meantime to use your most strenuous exertions in every proper manner to accomplish the a February 11, 1845. See Raymond to Allen, February 18, 1845. Digitized by Google COBRtiSPONDENCfi WI'tH THE UNITED STATES. 359 annexation of Texas to the American Union — a measure earnestly desired by this Government. The Hon. D. S. Kaufman has been appointed Minister Charg6 d' Affaires of this Country to reside near the Government of Washington on the Potomac and will proceed to his post early in the spring. It is the wish of H. E.^* the President therefore that as soon as may be convenient after the 4th of March you take leave of the American Government in the customary manner, and return to Texas, unless the interests of this country should render it expedient to delay for some short time your departure. I am also instructed by the President to express to you his entire satisfaction with your efforts to accomplish annexation and generally with the manner in which you have executed the duties devolving on you as acting Chargfi d'Aff. of Texas. ♦ ♦♦♦♦♦ 416 An exchange of official documents is a courtesy frequently prac- tised between different Governments. From the British Gov. we have received publications made by order of Parliament of great value. Should a proper occasion present itself, you can intimate verbally to the Secretary of State that this Gov. would willingly make a similar exchange of public documents with the United States. The collection of "American State papers" published under direction of Congress would be highly useful to us. I have the honor to be, with sentiments of high consideration Very Respectfully Your most obedient Servant. Charles H. Raymond Esq. Actg. Charge d' Affaires of Texas, etc. Thomas to Aebuckle.^ Crawford to Armstrong.*' Raymond to Allen.* [Despatch No. 142.] Legation op Texas Washington D. C. Fehry 18th I84B Hon E Allen etc etc etc Sir: Your despatches of the 16th and 20th ultimo came to hand on the 9th inst., and received my inmiediate attention; as you will perceive a His Excellency. b The paragraph omitted relates to Raymond's salary. e February 13, 1845. See Raymond to Allen, February 21, 1845. d February 17, 1845. See Raymond to Allen, February 21, 1846. e Tix this letter and Its indosures, see Records of Department of State (Texas), Book 43, pp. fl»-«l. Digitized by Google 360 AMERICAN HISTORICAL ASSOCIATION. by copies of my notes to Mr. Calhoun, Secretary of State of the United States, of the 10th and 11th instant, herewith eiiclosed. On the 11th instant the Department of State submitted the testi- mony of Messrs Bourland and Wright to the Committee of Ways and Means of the House of Bepresentatiyes, in order that the neces- sary appropriation may be made by Congress to meet the demands of our Government, which I cannot doubt will be done. I understand, from the Secretary of State that the Department of War, to which the case of Mrs. Simpson's children has been referred, will adopt the most active and efficient measures to procure the release of the captives and their restoration to friends and country. I will forward you a copy of the orders of the War Department touching this matter so soon as I shall be furnished with them. The President and Vice President elect arrived in the City on Thurs- day last. On Saturday I paid my respects to them and met with a warm and cordial reception from both. The Senate has not yet acted on the Joint Resolutions for the annexation of Texas. Their discussion will probably consume the whole of this week; but if the friends of annexation in the Senate will, even then, unite upon the House resolutions, or a similar plan, the measure can and will be carried the present session. I have the honor to be, with sentiments of highest regard, Your obedient servant, Chas H Raymond (Mr Raymond to Mr Calhoan.) Legation op Texas Washington February 10th I84S The undersigned, Charg6 d' Affaires ad interim of the Republic of Texas, by direction of his Government has the honor to transmit, herewith, to Mr. Calhoun, Secretary of State of the United States, the depositions of James Bourland, Collector of customs for the Red River District, in Texas, and George W Wright, a citizen of Lamar county and Senator in the Texian Congress, in relation to the seizure, in March 1843 by said Collector, of certain goods introduced into that Republic in violation of her revenue laws, by citizens of the United States — the subsequent forcible rescue of those goods by the importers and their abusive treatment, at the same time, of the person of the Collector — all of which has heretofore been the subject of correspond- ence between the two Governments.** The depositions are properly authenticated before the Hon M. P. Norton, Judge of the District Court of the 6th Judicial District of Texas; and establish most clearly the facts of the illegal introduction a For the depositions of Bourland and Wright, see Allen to Raymond, January 20, 1845. Digitized by Google CORRESPONDENCE WITH THE UNITED STATES. 361 of the goods, their forcible seizure and taking away by citizens of the United States; and, as near as possible under the circumstances, the amount of damage suffered in consequence. The evidence being full and explicit, covering all ihe points sug- gested in Mr Calhoun's note of the 2nd. of December, last, to the undersigned, on this subject; and the whole case having been fully examined and discussed, the undersigned can at present, see no obstacle to its speedy, final and satisfactory adjustment — an event which he hopes soon to have the pleasure of communicating to his Government. The undersigned avails himself of this occasion to offer Mr. Calhoun assurances of his distinguished consideration. Chas. H Raymond To the Honorable J. C. Calhoun etc etc. etc. (Mr. Raymond to Mr Calhoun.) Legation of Texas Washington February 11th I84S The undersigned Charg6 d' Affaires ad interim of the RepubUc of Texas, has the honor to inform Mr Calhouh, Secretary of State of the United States, that Major Thos G Western, Superintendent of Indian Affairs of Texas, has received, under date of the 6th ultimo, a letter from Messers L. H WiUiams and B Sloat, Indian Agents in the service of that RepubUc, from which it appears that the two children of Mrs. Simpson, a widow lady — the one a son named William, about twelve, and the other a daughter named Jane, about fourteen years of age, who were stolen from their motheris residence at Austin on the Colo- rado river, in Texas, early in the monlh of November, last, are now in the possession of the Waco and Toweash or Wichita Indians, encamped in the Wichita mountains, about 550 miles northerly from the City of Washington, Texas, and within the territory of the United States. The tribe of Indians, with which the Wacos are encamped in the mountains, is known indifferently as the Toweash or Wichita. Messrs Williams and Sloat were sent out immediately after the news of the capture reached the ears of the President for the purpose of seeking and recovering these children from their Indian captors, but having reached a point some two hundred nailes above the said City of Washington, they found it impossible to proceed. The prairies, for hundreds of miles across which they must travel, being at that season destitute of grass, and furnishing no food for their horses. They, however, ascertained the facts stated in their letter, to Major Western, from the Comanches and other friendly Indians, whom they met in their travels and at Torrey^s trading house, as well Digitized by Google 362 AMERICAN HISTORICAI> ASSOCIATION. as from their personal observation and knowledge of the course and character of the Indians committing the outrage. These agents will reconmience their journey so soon as the grass shall spring up, and will reach Fort Towson early in the Spring. In view of the foregoing facts, the undersigned is directed by his Government, formally, but most respectfully, to request of the Gov- ernment of the United States the aid of its authorities to effect the release of these prisoners and their safe conveyance to Fort Towson or some other point, where they can be deUvered to the Texian agents, and thus restored to their home and friends, as provided in the 33rd article of the Treaty of 1831. The hope is confidently indulged that the efforts of the Texian Agents, seconded by the powerful assistance, which the President of Texas doubts not will be cheerfully accorded by the Government of the United States, will lead to the speedy release of these youthful captives from their savage masters; and while engaged in accom- plishing this humane object, it is not improbable that the two boys mentioned in Mr Van Zandt's note of the 10th of August, last, who were captured by the Indians on the Trinity river in the early part of last year, but whose place of captivity the agents of the United States have hitherto been unable to discover, may also be found and restored to their country. The undersigned avails himself of this occasion to offer Mr Calhoun renewed assurances of his distinguished consideration Chas H Raymond To the Honorable J. C Calhoun etc, etc. etc. WiLKiNS TO Calhoun." Calhoun to Raymond.* Dispatch No 143. Raymond to Allen.*' Legation op Texas WasUngton D. C. February 21st. 1845 Hon E. Allen etc. etc. etc Sir I have the honor to transmit you herewith a copy of the note of Mr Calhoun, Secretary of State of the United States, of the 20th. m . i-^ ^ _^__^___— — — , a February 18, 1845. See Raymond to Allen, February 21, 1845. h February 20, 1845. See Raymond to Allen, February 21, 1845. «A.L. S. Digitized by Google COBEESPONDENCE WITH THE tTKITED STATES. 363 inst. and the documents which accompanied it, in reply to my note to him of the 1 1th. inst., in which I requested the interposition of his Gov- ernment in effecting the liberation of the two children of Mrs Simpson from their captivity and their restoration to their own country; and also suggested that further inquiries and efforts be made, at the same time, for the discovery, release and safe return to their home and friends of the two boys who were captured by Indians in the early part of last year on the Trinity, and supposed to be held as captives by Indians within the territory of the United States. I deemed it unnecessary, in my communication to Mr Calhoun, to state that our Grovemment would defray the expenses incurred in ''the transmission and maintenance" of the children should they be fortunately recovered, because this is fully understood and provided for in the 33rd. article of the treaty of 1831. The Government of the United States, as you will perceive by refer- ence to the orders given, has evinced a laudable disposition to carry out in good faith its treaty stipulations with our country, and mani- fested a most conmiendable anxiety for the welfare of the captive children. Some of the friends of annexation in the Senate are in favor (for the purpose of strengthening the measure and adding to their forces) of attaching to the joint resolutions of the House Col Benton's propo- sition, as a proviso, to go into effect only in case Texas should refuse to accede to the terms expressed in the proposition which has passed the House. I succeeded on yesterday in ascertaining, to my entire satisfaction, that all essential differences among the democratic Senators had been removed, and that they will come up to the support of the measure of annexation in one solid phalanx, and that a suffi- cient number of whig Senators will unite with them to carry it. The only question among them seems now to be, whether they will adopt the joint resolutions as they passed the House, with perhaps some slight and not very material alterations, or pass them with Col Benton's proposition attached as a proviso. With the vote of Senator Foster of Tennessee either plan could be carried, but I understand he objects to the proviso proposed, and unless he yield, the joint resolu- tions of the House must be passed pretty much as they now stand. It is understood that the President elect is exceedingly desirous to have the question settled the present session of Congress; and that letters have just been received here from Gov Wright and Ex Presi- dent Van Buren of New York urging immediate annexation. Col Benton seems disposed to yield, to some extent, his own views to those of the great body of his party. In a conversation I had with him, on yesterday, he stated that he entertained not the slightest doubt of the passage of the measure at this session to admit Texas as a State into this Union. Digitized by Google 864 AMEBICAN HISTOBICAIi A8B0CUTI0N. Information reached here yesterday, which is believed by many to be authentic, that the new Government of Mexico had intercepted and communicated to Congress a dispatch from Santa Anna to the British Minister, by which the astounding fact was disposed that he had entered into a treaty vvith Great Britain, transfering to her the two Califomias. But being made without authority and in violation of the Constitution the treaty cdbnot, of course, be binding on the Mexican Nation. If we are to credit the testimony of the ''London Times" and the ''Havre Journal,'' England has made overtures to France to unite with her in measures to prevent the annexation of Texas to the United States. I have sent you, "The Globe" of the 18th. and 20th. instants, containing extracts from the above named newspapers. My last dispatch from your Department is da^d the 20th. ultimo. I have the honor to be with distinguished regard Your Obedient Servant Chas. H. Batmoitd [Inclosed are copies of the following:** Thomas to Arbuckle, Feb- ruary 13, 1845; Crawford to Armstrong, February 17, 1845; Wilkins to Calhoim, February 18, 1845; Calhoun to Raymond, February 20, 1845.] Raymond to Allen.'^ Dispatch No 144. Legation op Texas Washington D. C. February gSth. 1845 Hon E. AiXEN etc. etc. etc. Sm: The door is at length opened for the admission of Texas into this Union. The great struggle is over and nothing now remains to be done except to agree upon the terms of "admission and cession". The contest has been severe — the battle well and nobly fought — annexation has triumphed, and its friends have gained a glorious victory. Enclosed herewith I have the honor and gratification of transmit- ting to you a copy of a ' 'Joint Resolution for annexing Texas to the United States" which has just been passed by the Congress of this Republic* On yesterday it passed the Senate, in its present shape, by a vote of 27 to 25 — ^To day the House concurred in the Senate's amendment by a vote of 132 to 76. a Sm Caleadar of CorrespoQ^enoe with the Uiiited Stat«B In Part I. b See ReoordB of Texan Legation at Washington from August 16, 1844, to November 8, 1846 (In Tezaf State Library), p. 38. « For the resolution, see Oong. Globe, 28th Cong., 2nd Bess., p. 362. Digitized by Google C0BBE8P0NDBNCE WITH THE UNITED STATES. 365 The terms and conditions of the Joint Besolution, m originsUy passed by the House, may not be aoceptabk to Texas: and I there- fore hail with joy the amendment at the Senate; and am fully per- suaded Uiat the resohtticm, as it now stands, will accomplish the gfeat object which its friends had in yiew. I have the honor to be with high regard, Your obedient Sert. Chas. H« Eatmonp Joint Resolution for Annexing Texas to the United States.** Calhoun to Dokslson.^ Aebuokle to Adjutant-General [Jones]. *^ Almonte to Calhoun.** Buchanan to Donelson.* Buchanan to Almonte,' Newell to Smith.^ [Concerning the collection of duties from American vessels at Sabine.] Smfth to Raymond. Departbhcnt of State March SI, 184£. Sm, I hare the honor to acknowledge the receipt of your dispatches nos 142 and 143 addressed to this Department, together with the enclosed docimients. From the subjoined memorandimi commimicated to me from the Indian Bureau, you will learn that of the two children of Mrs. Simp- son stolen by the Comanches, one is dead and the other has been restored to his mother. Of course all further inquiry after them is superseded. In communicating these facts to the American Govt. a Mflrob 1, 1846. See Senate Journal, Oth Tex. Cong., Extra Sefsfon, p. 13-14. Copy Incloeed with Doneison to Allen, March 31, 1845. MCarah 3, 1845. See Calendar of Correspondence with the United States in Part I. cliarche, 1845. See Calendar of Correspondenoe with the UnfOMlStoteB in ?artl. d March 6, 1846. See Raymond to Allen, April 30, 1845. « March 10, 1845. See Calendar of Correspondence with the United States in Part I. /March 10, 1846. See Raymond to Allen, AprU 30, 1845. ^Maiohl6,1846. Digitized by Google 366 AMERICAN HISTORICAL ASSOCIATION. you will make the proper acknowledgments for their prompt efforta to recover the children in question. I beg to call your attention to the exchange of official docimients between this and the United States Grovemment as suggested in a former despatch of mine to you. Cases are occurring almost daily in which these papers would be highly conyenient, not to say that they are indispensable to us. Since the date of my last dispatch, I have received a communication from M. de Saligny proposing a simi- lar interchange between ours and the French Grovemment. If the exchange proposed shall be acceded to I shall place the Laws, etc of this country at the disposition of the American Charg6 d' Affaires so soon as he shall reach his post. [Here follows the memorandum.^] Smith to Newell. Defabthent of State, Washington on the Brassos March 24, 1845 Sm, I have to acknowledge the receipt of your communication of the 16th Instant stating that ''the absence of the Hon A. J. Donelson Charg6 d' Affaires of the United States near the Ck)vemment of Texas having created that kind of emergency which authorizes Consuls of the United States to communicate with the Grovemment of Texas'', and calling my attention to matters touching the collection of duties by the Collector at Sabine on American vessels resorting to that port for commerce. I beg to state in reply that this subject will be attended to on the part of Texas immediately on the return of the Hon the Charg6 d' Affaires of the U. States to his post near this Government. Mr Newell is undoubtedly aware that a discussion of this matter at the present time would be without any useful object, I take this occasion to mention that the Chief Clerk of this Depart- ment to whom has been entrusted the collection and forwarding of the late Hon T. A. Howard's effects, got the same into possession yesterday, and that he will forward them without delay, by the first safe means, of doing so. I am with great respect Your most obed. servant A.S. Stewart Newell Esquire Consul of the U. States Etc. Etc. Etc. a See Calendar of Correspondeiioe with the UnJted States in Part I, under title of Raymond to Bnnhamm, AprU30,1845. Digitized by Google COBEBSPOITOENCE WITH THE UNITED STATES. 367 DONELSON TO BUCHANAN,« DONELSON TO BuOHANAN.* DONELSON TO AlLEN.*^ Mabot to Buchanan.* Raymond to Smith.<* No 145. Legation op Texas Washington D. C. March Slst. 1845 Hon AsHBEL Smith Secretary of State Sm: I have the honor to acknowledge the receipt of your despatch of the 11th. ultimO; notifying me that the Hon David S. Kaufman, had been appointed Minister Chargfi d'AflFaires of Texas to reside near the Grovemment of Washington on the Potomac, and granting me permission to return home as soon as convenient after the 4th. instant, unless the interests of Texas should render it expedient to delay for some short time my departure. Had I consulted my own inclination, I should not have failed to take advantage of the per- mission to return, but in view of the posture of our aflfairs in respect to annexation, I thought it proper and expedient, and therefore my duty, to remain at my post imtil I should learn the determination of the Government concerning the overtures, which had been made to it, by this Government, through Major Donelson its Charg6 d'AflFaires, for the annexation of Texas to the American Union, unless the arrival of Major Kaufman, in the mean time, should render my longer stay unnecessary. Immediately after the receipt of your dispatch, which came to hand about two weeks ago, I called upon Mr Buchanan, Secretary of State, of the United States, and men- tioned my desire to leave in a few days and asked his opinion about the propriety of my doing so. In reply he urged me with consider- able earnestness to delay my departure until we should hear from Texas, after the overtures for annexation had been presented to her Government, as in all probability it would be necessary afterwards • Marah24,1845. See Calendar of Correspoiidenoe with the United States in Part I. b March 28, 1846. See Calendar of Correspondence with the United States in Part I. « March 31 , 1845. See. Calendar of Correspondence with the United States in Part I. ^See Records of Texan Legatton at WMbin^too firozn August 16, 1M4, to November 8, 1845 (in the Texaff State Library), pp. 3M2. Digitized by Google 868 AMEBICAN HISTORICAL ASSOCIATION. for this Grovemment to hold some correspondence with the Texian Representative here upon the subject. In these views Mr Walker, Secretary of the Treasury, coincided fully and expressed his strong conviction of the importance of my remaining. Under these circum- stances I have, with some inconvenience to myself, prolonged my stay here and purpose, unless I receive instructions to the contrary, to postpone taking my leave of this Government until I hear the result of the overtures alluded to; and inasmuch as the resolutions for annexation passed the Ck)ngress of the United States after the date of your despatch and perhaps unexpectedly too, I have thought my determination to remain a short time longer would meet the wishes and approbation of the Government. Your expression of the President's entire satisfaction with my efforts to accomplish annexation, and generally with the maimer in which I have executed the duties devolving on me as Acting Charg6 d'Affaires of Texas, has caused me the highest gratification. Shortly after the receipt of your despatch I had a conversation with Mr Buchanan in regard to an exchange of public documents between the two Grovemments. He said as soon as the press of busi- ness consequent upon the commencement of a new administration was over he would take pleasure in furnishing us with the collection of "American State papers'' and other public documents, if there were any such under the control of his Department. On Friday last; I had an interview with him at the Department of State, and among other things mentioned the Snively and Red River cases,** and requested him when he should reply to my note to Mr Calhoim of the 10th. ultimo, communicating the evidence in the last named case, to inform me what disposition had been made of them by Congress, and especially whether or not any appropriation had been made for the payment of the indemnity claimed in those cases by the Texian Government To which he remarked that his time had been so much occupied in Cabinet Council and in receiving and decid- ing upon applications for office that he had been unable to take up any of the back business of his Department, but assured me that on his return from Pennsylvania, where he is going this week to remain only a few days, he would examine into the cases refered to and com- municate to me their condition. I understood from the Committee of "Ways and Means," to whom was refered the correspondence and evidence in those cases, that no report whatever was made thereon, assigning as a reason the lateness of the period at which they received the evidence. I have succeeded in collecting togetiier a mass of valuable public documents, comprising reports of Congressional Committees, Heads • The ' ' Red River '* caaa waa that of the attacfc on Coltooto r Bouriand. See note c, p. 297. Digitized by Google COEBESPONDENCE WITH THE UNITED STATES. " 369 of Departments, etc, and have this day forwarded the box containmg them to your Department, via. Baltimore, care of H. H. Williams Esq. our Ck)nsul, with directions to have them shipped by the first safe opportunity to Galveston. Mr Brower, Texian Consul, N. Y., to whom I granted leave of absence for a few months, has returned from Europe and re-ass\mied the duties of his oflBlce. I hope it may be in my power to reach Texas by the 1st. of Muy, next. With sentiments of highest consideration, I have the honor to be Most respectfully Your obedient Servant Chas. H. Raymond DONELSON TO BuCHANAN.** DONELSON TO BUOHANAN. * DONELSON TO AlLEN.*^ Legation op the United States, Wdshington, TexaSj April 7, 1846- The imdersigned, Charg6 d'Aflfaires of the United States, has the honor to acknowledge the receipt of the communication from the Hon. Ashbel Smith, Secretary of State of Texas, dated the 10th of February last, but not delivered to the undersigned until his recent arrival here. This communication is an answer to the note of the undersigned, dated the 2d. of December last, in relation to the attempt of the Collector of the Customs on the west bank of the Sabine, to exact duties from the schooners Louisiana and William Bryan, vessels belonging to the United States, and navigating the waters of the Sabine river and feay, under the circumstances stated in that note; and suggesting the expectation that this Government, not apprized of the construction of powers under which that collector had acted, would issue such instructions as would hereafter prevent such infrac- tion of the rights of vessels of the United States. But it appears that the conduct of this ofiicer is justified. To the general observation made by the Hon. Mr. Smith, in open- ing of his remarks on this subject, claiming for Texas the right to a April 1, 1845. See Calendar of Correspondence with the United States in Part I. b April 3, 1845. See Calendar of Correspondence with the United States in Fart I. eA.L. S. 39728°— VOL 2, pt 1—11 24 Digitized by Google 370 AMERICAN HISTORICAL ASSOCIATION. establish such regulations as she may think proper, respecting her conunerce and navigation, within her own waters and jurisdiction, the imdersigned cheerfully assents. This is a right conceded to all independent nations, and is the necessary consequence of sovereignty. But it was not in derogation of this right, that exception waa taken to the codiduct of the Collector on the Sabine. It was, that that collector, within the jurisdiction of the United States, claimed the right to extort duties from vessels not bound to a port of Texas, but sailing within the waters of the United States, and charged with no maritime tort, either to Texas or any other nation. If said vessels had sailed to Galveston, or any of the bays, inlets, or rivers of Texas, this complaint would not have been made, and the obedience due to the revenue laws of Texas, would have been readily admitted. As far as the jurisdiction of Texas extends, it is undoubt- edly exclusive and absolute, and no restriction can be placed upon it without her consent; because such restriction, if imposed by another power, would be, to that extent, an acknowledgment that such power was her superior. Such is the law of nations, as under- stood and enforced by all enUghtened governments. What is the effect of these principles, appUed to the claim in ques- tion, when it is conceded that the jurisdiction of the United States extends to water mark on the West bank of the Sabine, and from thence to the sea? The undersigned cannot suppose that argument can make more plain the conclusion which the mere statement of the principles so obviously presents. But the Hon. Mr. Smith is of opinion, that the treaty which secures to the inhabitants of Texas the use of the waters of the Sabine would be a nullity, if the right to collect the tonnage duties in question did not result. Such could not have been the understanding of the two high contracting parties to the treaty; tor the same clause which gives to the respective inhabitants of the two nations, the common use of the waters of this boundary for the purposes of navigation, expressly cedes the exclusive jurisdiction of the same to the United States; nor is it likely that such is the imderstanding of the inhab- itants who enjoy this right, and who, but for this stipulation, might have been at any time deprived of it by the United States. Not is this construction of the treaty altered, in the judgment of the imdersigned, by the declaration of Mr. Jefferson that " the right to use a thing comprehends the right to the means necessary to its use, and without which it would be useless". This language has reference to the condition in which the inhabitants of the valley of the Mississippi would have been placed by a denial to them of the right to navigate this river to and from its mouth — a right enjoyed by them both before and after the revolution which established the independence of the United States, and which was never abandoned. Digitized by Google COBBB6PONDENCE WITH THE UNITED STATES. 371 though its relinquiahment wa3 ctften iiisisted upon by the powers poaaeesing juxisdiotioik of tJie river south of the point where it left the boimdary (tf the United Statea> until the purchase of Louisiana. But 13 thare an analogy between this right and that now dauned by the Hon. Mr. Smith, for the enforcement of revenue regulations on th'e waters of the Sabine? Texas, standing in the place of Spain, does not deny the competency of Spain to part with her jurisdiction over the Sabine. Mr. Jefferson, in maintaining for the United States, a claim to the free navigation of the Mississippi, never asserted that the United States eouH not relinquish it. Texas possesses this right oi navigation by cctntract as the representative of Spain, and is bound in the e:2(ercise of it, not to interfere with the jurisdiction of the United States. Mr. Jefferson never claimed the right to make the vesaeJb of France or Spain pay tonnage duties at the mouth of the Miasiasippi, until the United States possessed jurisdiction there. Texas daims this right at the mouth of the Sabine, admitting at the same time that ahe has no jurisdiction there, and when it is obvious that the jurisdiction neoesaaiy to give the power to enforce this right was withheld, in order to avoid just such difficulties as those whidi now exist and which are inaeparaUe from the concurrent authority of two separate nations over the same subject. According to the treaty referred to, under which the respective rights of Texas and the United States on the subject of limits, are defined, and by which courts, having jurisdiction of all maritime torts, happening on the waters of the Sabine, must be governed, Texas has no commercial port on that river, in the sense in which the Hon. Mr. Smith treats it, as a place where commercial regulations can be enforced by her on the waters thereof. To the existence of such a port there must not only be ownership of soil but jurisdiction of water. And it would be as unsound to derive this right of jurisdiction from the inconvenience attending the want of it, as it would be for an individual possessing only a limited estate in lands or other property to claim the fee simple or superior title, because with this title he could the better control the use. Spain voluntarily gave up this supe- rior title, and was content to stipulate for the limited one for the the use of her inhabitants. For vaUd and satisfactory considerations, she sol- emnly agreed that the *' terra firma" of Texas, on the Sabine, should be the limit of her jurisdiction, which should include neither the islands nor the waters of that river. Yet, in opposition to such treaty stipulations, it is contended that the moment Texas chooses to build a house at Sabine in Texas, and to call that house a port, this juris- diction becomes subservient to that of the land. The language of the Hon. Mr. Smith is, that ''he does not suppose the Hon. Mr. Donelson, on the plea of jurisdiction, would claim for his Government the right to establish a custom-house at the Sabine, to regulate the commerce Digitized by Google 372 AMERICAN HISTORICAL ASSOCIATION. of the port — thus makmg the soil of Texas appurtenant to the water, which washes its shores. The authority to regulate the commerce of the port in question must exist somewhere. The undersigned believes it is vested in the nation owning the terra firma. Custom houses are established on land and not on vxiter, although their operation extends over the water." The diflBculty in the mind of the Hon. Mr. Smithi will disappear, the moment he perceives the misapplication he has made of terms. It is not by calling Sabine in Texas a port, that it becomes one in the full commercial sense. There must be jurisdiction of water as well as of land; otherwise, the custom house located there will be as unavailable as the medium of enforcing revenue duties from vessels of the United States, using the water under the terms of the treaty, as if it were one hundred miles oflF, in the back country. Within her jurisdiction, above water mark and on the land, Texas is competent as stated before, to establish such rules and regulations as she may choose to prescribe — she may say that there shall be no import or export, to or from her territory, without the payment of duties at that house, or any other house on the terra firma, next to the Sabine, and she may arm the collector with authority to enforce her regula- tions; but these regulations become inoperative the moment they assume an authority over the waters of the Sabine, or interfere with a jurisdiction which is independent of hers, and is absolute and exclu- sive over those waters. It cannot then be a question, that the author- ity to regulate commerce on the waters of the Sabine does not belong to Texas; nor can it be doubted that all regulation not incompatible with the right of the inhabitants of both countries to the common use of those waters, for the purposes of navigation, necessarily belongs to the United States, since it can belong to no other nation without an infringement of the sovereignty acquired by the treaty of 1819, with Spain. But for the sake of testing the soundness of the argument advanced by the Hon. Mr. Smith, let it be supposed that the United States, instead of acquiring exclusive jurisdiction over the Sabine to its mouth in the sea, possessed only an equal one with Texas. Would the vessels of the United States even then be Uable to the exaction as claimed in the present case? The undersigned thinks not. The terra firma of the east bank would have as many rights as the terra firma of the west bank; and the law of nations respecting the rights of both as equal, would limit the respective jurisdiction of the two countries to the middle of the stream, estimated from the low water mark of the respective banks. So that, if the schooners Louisiana and William Bryan had been anchored on the east side of this line, and had there received from Texan boats their cargoes, it is not Digitized by Google CX)EEESPONDENCE WITH THE UNITED STATES. 373 perceived that the right to levy the duties in question could be enforced against the consent of the United States. The undersigned is willing to admit, but without instructions from his Gk)vemment on the subject, that a commercial convention between the two coimtries might be framed, with great advantage to both, which would obviate such grievances as the present. It is but right that Texas should have some convenient mode of prevent- ing the introduction into her territory, on the bank of the Sabine, of foreign productions, without the payment of the duties which are collectable at her ports of entry on the Gulf of Mexico, or elsewhere within her jurisdiction. It is equally important to the United States, • that every avenue should be closed, as far as possible, against the receipt into their ports of the productions of Texas, which are now doubtless often shipped to New Orleans, and other points in the Union, without any mode of identifying them by the revenue officers as the growth or production of Texas. The revenue of each country thus suffers; but the existence of such an evil does not confer upon Texas the right claimed for her by the Hon. Mr. Smith, to correct it upon her own terms, without the consent of the United States and in defiance of their jurisdiction over the waters of the Sabine. The undersigned indulges the hope that the views he has here expressed, will be satisfactory to the Hon. Mr. Smith and to this Gk)vemment: So far at least as td make manifest the propriety of issuing such instructions to the collector at Sabine, as will prevent the recurrence of similar grievances to the one complained of. Pend- ing the consideration of the proposals, now before this Gk)vemment for cementing the relations of the two RepubUcs, by the bonds of a common union, it is particularly desirable that no differences of this nature should occur to disturb the feelings or prejudice the interests of the citizens of either country. And if the undersigned has created even a doubt in the mind of this Government, relative to the justice of the claim maintained for the collector, in regard to those tonnage duties, he tru[s]ts that for the present at least, its enforcement will not be attempted. He has the honor to express to the Hon. M. Allen assurances of the high respect and regard, with which he is his most obt. hbl. servt., A J DONELSON Hon. Ebenezeb Allen, Atty. Gen. of the Refvhlic of Texas, and Sedy of State ad interim etc., etc, etc. Digitized by Google 374 AMEBIOAN HI6T0RICAL A880CUTtON. DOKSLSON TO BuCHANAZr«« Allen to Donblson.^ DOITELSOH to ALLUN.* DONELSON TO BUOfiAlfAK.^ DONEL6ON TO BUCHAKAN.^ DoNELSON TO Allen * DONELSON TO CaLBOUN.^ Shaw to Dashiell.* BtrcHANAN to Donelson/ Donelson to Jonbs.^ Raykond to Buchanan.* Raybiond to Buchanan.* Raymond to Allen.^ No 146. Legation Of Texas W&sUnjfhn D. C. AprUSOlh. I84B Sir, On my return from a short visit to my friends in Pen&fiylTania and Ohio I had the pleasure of meeting at Wheeling, on the morning of the a April 12, 1845. See Calendar of Correspondenoe with the United States In Part I. 6 April 14, 1845. See Calendar of Correspondence with the Untted Btates in ^sit I. e A. L. S., April 16, 1845. See Calendar of Correspondenoe with the Uidted States tai Part L d April 24, 1844. See Calendar of Correspondenoe with the United States In Part I. • April 26, 1845. See Calendar of Correspondenoe with the United States in Part I. /April 25, 1845. See Calendar of Correspondence with the United States in Part I. 9 April 29, 1845. See Calendar of Correspondence with the United States In Part I. h April 30, 1845. See Calendar of Correspfmdenoe with the United States in Part L < April 30, 1845. See Raymood to Allen, April 30, 1845. /A. L. S. Digitized by Google COBRESPONDENCE WITH THE UNITED STATES. 375 26th, instant, the Hon Ashbel Smith en route to Europe. We trav- elled together to within ten miles of Baltimore. He designed sailing from Boston in the Packet of the 1st. proximo. From my conversa- tion with him I am led to expect that the next mail from Texas will bring something definite in regard to the progress of annexation, though the GoveHmient seems to be pursuing, as it should do upon a subject of such deep and vital interest to the welfare of our infant Republic, a cautious, prudent and considerate course. Some there are in this and our own coimtry who are disposed to censure the Presi- dent because he will not rush heedlessly, recklessly and without deUberation right into the arms of the United States, but such men do not stop to reflect upon the fearful responsibility which rests on the Chief Magistrate of a nation when called to act upon a question in- volving such mighty consequences and so pregnant with weal or woe to the destinies of his coimtry. Whatever is done should be well done. In a conversation with Mr Buchanan, Secretary of State of the United States, on yesterday, concerning annexation, I expressed the opinion the whole question would probably be refered to the decission of the people of Texas and that their verdict would doubtless influence the coxurse and policy of our Gtovemment in its final determination. He replied that such a course could not be objected to, but at the same time expressed great anxiety for speedy action. A collission between this country and Mexico appears almost inevi- table. Her efforts will probably be directed, mainly, against the conmierce of the United States. This Grovemment is preparing for the emergency and when the crisis arrives they will be ready to meet it. It is imderstood, here, that Mexico has proffered us the rec- ognition of oiu* independence on condition that we never become a part of the American Union. If this be so, her extreme sensitiveness on the subject of annexation must proceed from hostility to the United States, and she is placed in a rather imenviable, suspicious and double faced attitude. I have not a particle of doubt that a large majority of the next Con- gress of the United States will be favorable to annexation, and I am strongly of opinion a treaty for that object would be ratified by the Senate. I have the honor to acknowledge the receipt of a despatch from your department dated the 21st. ultimo, in reference to the two children of Mrs Simpson stolen by the Comanches; and in obedience to instructions have communicated the facts in their case to this Government, altho' it had been inf o[r]ma}ly advised 0f the same Bever al weeks before. Enclosed herewith I transmit you a copy of my com- munication of this date on ibe subject, to the Secretary of State. The box of printed official documents for your Depcirtfiient, men- tioned in my despatch No 145, Mr Williams, if he have not already Digitized by Google 876 AMERICAN HISTORICAL ASSOCIATIOH. done BO, will forward from Baltimore to Galveston the first oppor- tunity. I hope to obtain some more before I take leave of this Government. I am with high respect Your Most Obedient Servant Chas. H. Raymond Hon. Ebenezeb Allen AU^y Oerd. and Secty of State ad interim Washington Texas. [Inclosed is a copy of Raymond to Buchanan, April 30, 1845. There were also probably inclosed in this despatch two other docu- ments which are filed separately. These are Almonte to Calhoun, March 6, 1845; Buchanan to Almonte, March 10, 1845.*»] Donelson to Jones.'* Allen to Jones. ^ Allen to Jones.** Donelson to Jones.* Donelson to Buchanan./ Clarendon to Terrell.^ Donelson to Buchanan.^ Raymond to Buchanan.* a For all three of these letters, see Calendar of Correspondence with the United States In Pert I. b May 2, 1845. See Calendar of Correspondence with the United States in Part I. c May 3, 1845. Bee Calendar of Correspondence with the United States in Part I. d May 4, 1845. See Calendar of Correspondence with the United States in Part I. « May 5, 1845. See Calendar of Correspondence with the United States in Part I. / May 6, 1845. See Calendar of Correspondence with the United States in Part I. 9 May 11 , 1845. See Calendar of Correspondence with the United States in Part I. *Mayl7,1845. See Raymond to Alien, May 10, 1845. Digitized by Google cobeespondencb with the united states. 877 Buchanan to Raymond.** Allen to Donelson.* Raymond to Allen.« No 147. Legation of Texas Washington [City] May 19tJi. I84B Sib Enclosed herewith I have the honor to transmit to you a copy of my communication to Mr Buchanan Secretary of State of the United States, informing him of the acceptance of my resignation and my permission to return home;^ and of his reply to the same. I had a parting interview to day with the President and Secretary of State. They were considerably elated by the recent news from Texas, and expressed great gratification at the favorable prospect of annexation, and assured me that nothing should be wanting on the part of the Executive of this coimtry towards ensuring to Texas her just rights after she shall have become a member of this Confederacy On last friday evening I had the pleasure of a long conversation with the President in regard to annexation. He is of opinion, the wisest and safest course for Texas to pursue is to accede, at once, to the terms of the Joint Resolution, as proposed, and trust to the jus- tice, honor, and magnanimity of this nation to correct whatever injustice may have been done to Texas by the Act of Congress. Ho has no confidence in the Whig Senators, on this question, and conse- quently believes it would be endangered by a treaty. He remarked there would not, probably, be a war between this country and Mexico growing out of the annexation, nor did he apprehend any difficulty with Great Britain on this or the Oregon question, nevertheless the Government of the United States would maintain the ground it had taken on these questions towards those countries. He asked if I had any doubts about the acceptance by the Government and people of Texas of the proposition for annexation now before them. I told him frankly and unhesitatingly that I entertained none whatever — that they had all along been in favor of the measure, and that one of the first acts of President Jones was to inform me that the annexation of Texas to the American Union was a measure earnestly desired by the Government, and to instruct me to use my most strenuous exer- tions in every proper manner for its accomplishment. a Hay 19, 1845. See Raymond to AUen, Hay 10, 1845. ^ May 19, 1845. See Calendar of Correspondence with the United States in Part I. CA.L.S. dlfayn, 1845. Digitized by Google 378 AMERICAN HI8T0BICAL ASSOCIATIOK. The only matters now pending here are the Snively and Red River cases. I learn, upon inquiry, that Congress made no provission for the payment of our claims of indenmi[fi]cation in the cases alluded to — the reason assigned is that the evidence was not furnished in time for examination and action. I presume there will be no diffi- culty in obtaining the necessary appropriations the ensuing session of Congress. I shall leave here to morrow morning for Cincinnatti, Ohio, where I shall stop a few days and then proceed to Washington, Texas, where I expect to arrive about the meeting of Congress. The Archives of the Legation I have placed in the hands of John Underwood Esq of the Treasury Department, where they will remain safely and securely imtil my successor arrives. * My last dispatch from your ^Department bears date the 21st. of March, last. I have received the "National Register" of the Ist. instant. Judge Toler sailed from New Toik for Texas, about a week ago, on board the barque "Star Republic." I have the honor to be, with senthnents of h^est consideration Your Most Obdt. Servt. Chas. H. Raymond Hon. Ebenezsr Allen Secretary of State ad interim, Etc Etc Etc. [Inclosed are Raymond to Buchanan, May 17, 1845, taking leave, and Buchanan to Raymond, May 19, 1845, in acknowledgment.] De Ctfkst to JoNEg.^ DONELSON TO AlLEN.* DONttLSOK TO BuO&ANAlf.^ DoNELSON TO JoNES.<* DONBLSON TO BvOSUlSAK.* • May 20, 1846. 8«e Catendar of Correspondence witk the United States In Part L »A.L.8.,liay34,1845. flee OriaatUff tuf Cunespo nd e u ce wltfa the tTplted States hi Part 7. elfay2^1846. See Calendar of Correspondence with the United States In Part L 'June 1,1845. See Calendar of Correspnideiioeivlth the UnftodSttttestn Part T. No copy has beeo found In the archives. « Jane 2, 1846. See Calendar of Correspondence with the United States In Part L Digitized by Google c0ebe8p0ndence with the united states. 379 Buchanan to Donelson.^ DONELSON TO BUCHANAN.* Proclamation Enjoining Cessation op Hostilities Against Mexico.*' Allen to Jones.<* Jones to Db Cypeey.* DONELSON TO AlLEN/ DoNELSON TO BuCHANAN.^ DONELSON TO BuCHANAN * DoNELSON TO AlLEN.* Buchanan to Donelson.^ DoNELSON to Buchanan,* Raymond to Jones.' a Tone 3, 1845. SeeCalndarefGorrwpoadeiioewithtiMUflltedBtolesfaiPfirtL »JuM4,lS4ft. de»Caleiidar«f<;:OTrMfNNid«ioewi4h the United Stfttesl^ e Jane A, 1846. See Senate Journal^ 0th Tex. Cong^ Extra SeMieo, p, 37. Copy InelefOd wMh ANea (o KAUfmaa, Jn^ 10, IMS. ' Jane5,1845. See Calendar ofCorrespondence with the United Statee in Partl. «Jyae«,184». Bee CaleodBrWCoiTeqmidMee with tbe United States in Part I. /L. 8., Jane 11, 1845. See Calendar of CorrevendMoewltii the United Statoete Fart I. 9 Jane 11 , 1845. See Calendar of Correepondenoe with the United States in Part I. *JaBel3,18tf. See Calendar ofCorrespondenoe with Ike Unked States In Part I. 03al or that of his Agent, whenever the order shall have reached the Creek Agent, and been carried out. Very respectfully Your Obt Serv^t, T. Hartley Crawford. Hon Andrew J Donaldson, 17 iS CTiargid' Affaires, Texas. Rhodes to Allen.^ Private. Consulate of the United States OF America at Galveston Texas, August ilst. I845. Dr. Sir Herewith you have enclosed a letter from the State Department of the United States directed to me by which you will perceive I am Authorized to Communicate with the Government of Texas, in the absence of Major Donelson; After you have read it and showed it to his Excellency the President of Texas you will have the kindness to return it to me, and ObUge your Obedient Servt E A Rhodes Actg US Consul To the Honble Ebenezr Allen Secretary of State etc etc etc. Austin Texas aA.L.S. Digitized by Google OOBBSfiPOKDEKCE WITH THS VmTEJ> STATES. 391 DsPAiLTMENT OF StATB Washington [City] Aug. 7ih I84S. E. A Rhodea Esquire Actmg Consvl of the U. States atGaivestony Texas. Sm Enclosed you will receive a duplicate of a despatch addressed to Major Donelson. If, as is probable he has left Texas on his return to the United States, the President directs that you will consider the despatch as directed to yourself confidentially, and you will with the least practicable delay place yourself in communication with the Texian Government and carry into effect the instructions contained in that despatch You will conmiunicate with this Department the measures you may have taken so soon as you have received an answer from the Government of Texas. I am, Sir Respectfully Your Obedient Servant J. Y. Mason A Copy of the original Joseph C. Elj>bei>0£ a Clk Dept ofStaU Texas DONELSON TO BuCHANAN.** DoNEusoN TO Buchanan.® RHODES TO ALLEN. ^ Consulate of the IJNrrED States OF America at Galveston Republio of Texas, August 21st 1845. Snt, I have the honor to inform you that I have received today pr. Steamer Mc Kim, a Communication from the Department of State of the United States, inclosing a dupUcate of a DcMspatch addressed to Major Donelson, which I am instructed to Open in the event of his Absence, and to Commimicate with the least practicable delay, with the Grovemment of Texas, upon the Subject thereof. In pursuance a August 14, 1846. See Calendar of Correspondmoe with the United States in Part I. »A.L.8. Digitized by Google 892 00BBE8P0KDENCE WITH THB UNITED BTATB& of those instructions I hasten by Special Messenger to place you in possess of the information contained in that Despatch together with the Views and Wishes of the president of the United States. Intelligence has reached the President, which has an appearance of Authority not to be disregarded that the Mexicans are approaching the frontier of Texas in considerable force, that General Paredes, with Seyen thousand men is at San Luis Potosi and that General Arista with three thousand, principally Cavalry, is in position on or near Rio del Norte, and that these troops are destined for the invasion of Texas; with, or without a declaration of War with the United States. The Government and people of Texas, by their delegates in Con- vention having accepted the Conditions of Annexation, proposed in the first and second sections of the joint resolutions of the Congress of the United States on that Subject, the President, considers it to be his constitutional duty to repel a hostile invasion of Texas with all the means at his disposal. The troops imder General Taylor, have proceeded to the points on the frontier of Texas, at which it was supposed they could act most efficiently in the attainment of this Object. Orders have also been given to Commodore Conner to employ the Naval forces under his command in co'operation with the Troops. The regular force which could be transferred on this duty, with the reinforcements which will immediately be Ordered to report to the Officer Command- ing, may not be sufficient to resist so imposing a force, as that, which it is believed is about to invade Texad. The President has no authority to call out the Militia of Texas, but he has entire confidence in the Patriotism and bravery of those Gallant men, nor does he doubt their enthusiastic readiness to coop- erate with their brethren from the United States, in repelling the in- vaders of their Own soil. Their cooperation may become necessary — and in View of this Necessity, I am instructed by the president, to place myself without delay (in the absence of Major Donelson), in communication with the Government of Texas; and to propose that Volunteers may be invited to join the United States' troops, under the command of General Taylor; Organized and Officered by Officers of their Own Selection, to be mustered into the service of the United States in such numbers as the United States' Commanding General May deem necessary. I am also instructed to say that the information received by the President, is believed to be Authentic, and is such that he can not disregard; but the Superior opportunities, enjoyed by the Government of Texas and by General Taylor on the frontier, may satisfy them that the danger of invasion is not imminent. In that event it is not desired that Volunteers should be called from their homes into Actual Service ; Digitized by Google OOERESPONDEKCB WITH THE UNITED STATES. 893 Apprehending that there may be a deficiency of Arms and Muni- tions in Texas, the President has Ordered them to be placed in a dep6t at Galveston Subject to General Taylors Orders, in sufficient quantity for ten thousand men, they will be furnished to the Texan Volunteers under such regulations as may issue from the War Department for their return when the Men are discharged. Rations will be issued to the Volunteers while mustered in service of the United States and tho there is no appropriation from which the president can have these troops paid, there is no reason to doubt, that troops thus employed will be placed by Congress upon precisely the same footing, as troops would be who had been regularly called Out, to repel an invasion of any of the existing States. I am likewise instructed to communicate to the Government of Texas that it is not the wish or purpose of the President to limit the number of men which that Government may deem necessary to defend the Country; but to guard against misunderstandings which may fatally disturb the harmony of cooperation, it is deemed most advisable, that no Volimteers shall be mustered into the Service of the United States, except such as may be required and approved by the Commander of our troops in that Service. Ail others will act under the Authority of Texas. In a^ much as imder the peculiar circumstances, there will be felt on the part of the United States Government the greatest solicitude to know with certainty, what may be the dangers and exigencies of Texas, the undersigned would respectfully request Mr Allen to commimicate to him for the information of the president of the United States by the return of the bearer Mr James Rhodes, what are the Views and wishes of his Excellency* the President^of Texas. I have the honor to be Your Obedient Servant E A Rhodes Actg v. S. Consul To the Honbl. E. Allen Secretary of State etc etc Jones to Taylor. Executive Department OUy of Austin Augt. 2Sd 1845 Sir, I have the honor to acknowledge the receipt of your letter of the 16th Inst, which was delivered me last eveningiP I have received no definite information in regard to a commencement of hostilities on the part of Mexico against the United States, but have rather a This letter has not been foond. Digitized by Google 894 AicraiCAir histobioal iUBsooiATioir. inclined to the opinion that she would not adopt tiiat eoone. The troops which Ae is moring towards Matamoros I thought probable might be intended only for the defence of that point and that the collection of them there was induced bj the fact that the U. S were moving troops to Corpus Christi and that the intention of the GoTt. of Mexico was to act only defensiyely at present. Tliis view however may not be correct, and it is certainly best to be fully prepared for the oppodte alternative and a due regard to the general welfare may make it necessary and quite proper that the itdiole of your force should be concentrated at Corpus Christi for the defence of that point. In this situation of affairs I concur in your recommendation that the different points on our frontier, now occupied by any troops in the service of Texas should continue to receive adequate protection in the manner you propose, against any outbreak of Indians which might occur, as well as against our Mexican enemies. I would there- fore designate as you request the following companies to be mistered into the service of the U. S. in the manner you propose viz; One full company of Gangers (mounted gunmen) under the command of Captn P. Hansborough Bell at Corpus CSiristi. One full company, of Rangers as above imder the command of Capt. John T. Price at or near Goliad this company to be continued in position near Ooliad or to be transferred to Corpus CSiristi as you may think proper to direct. One full company of Rangers at Bexar under the command of Major J. C Hays One full company of Rangers at the city of Austin under the command of Ci^t D. C. Cody One full company of Artillery at Austin imder the conmiand of an officer to be selected and appointed by me One company of Rangers of thirty men at Caldwell Milam Co under the command of Lt. R. 8. Teal One company of rangers of thirty men at T. J. Smith's in Robertson Co. imder the command of Lt. Thomas J. Smith. One company of rangers of thirty men at Dallas in Fannin Coimty, under the com- mand of Lt. John McGarra. These several companies will it is believed afford adequate protection under present circumstances to the several points indicated on our frontier, and serve as nuclei around which to rally a volunteer or militia force in the event of any sudden outbreak of the Indians, or an irruption on the part of the Mexicans. I send by the bearer of this to Col. Clark L. Owen of Texana a Commission as Col. in the volimteer infantry of Texas with instruc- tions from the Secty of War and Marine to enroll and have in readi- ness a force not exceeding One thousand men — and to mxister them into service and place himself under your command and cooperate with you in the event of an actual invasion by Mexico, or upon your request. The number of men you may wish called into service, under Col. Owen not exceeding the above number you will please Digitized by Google COERESPONDENCB WITH THE UKITBD STATES. 3d6 make known to him and they will be mustered accordingly Each man will be expected to furnish himself with a rifle and fifty rounds of ammunition, and to confirm strictly to the orders of the officers in command.** Your proximity to the scene of active operations and means of early information will enable you to judge correctly of the amoimt of force you wOl require, If those designated above should not be sufficient I will at your request call into service any additional number of men, within my control that you may indicate. I shall remain at this place imtill a day or two after the adjourn- ment of the Convention which will probably take place about the 1st Septr. The Sect'y of War and Marine will continue his office per- manently here. If in his power he will pay you a visit in the course of two or three weeks at Corpus Christi. I shall return to this place in October Should the State of your service permit it will aflford me much gratification to meet you and to confer with you personally in relation to the dispositions proper to be made for the permanent occupation and defence of the frontier of Texas and upon matters connected therewith I have the honor to be with the highest respect Your Obt. Svt Anson Jones To Gen. Z. Tayloe U.S.A Commcmding Army of Occupation Batmond to Polk.* Allen to Rhodes.*^ Depabtment of State Austin SO August 1845 E. A. Rhodes, Esquire, Ading Consul of the United States at Galveston etc etc etc The undersigned Secretary of State of the Republic of Texas has the honor to acknowledge the receipt of the note addressed to him a There are on file with the Diplomatic Correspondence two letters from Jones to Owen, dated respect- ively August 23, and August 28, 1845. In the first Jones sends Owen a colonel's commission with instruc- tions and states that Captains Bell and Price are authorised to enroll sixty men each and muster them into the service of the United States; that Taylor apprehends ah attack from the Mexican forces concentrating at Matamoros; that Jones himself has designated the points at which men are to be enlisted and stationed, and their nimsber. In the second letter, he states that the probability of Mexican hivasion is increasing, and that the United States has made a deposit of arms and munitions at Galveston. b August 28, 1846. See Calendar of Correspondence with the United States in Part L e See Records of Department of State (Texas), Book 44, p. 281. Digitized by Google 396 AMERICAN HISTOBIOAL A8S00IATIOK. by E A Rhodes, Esqr., acting Consul of the United States at Gal- veston, under date of the 21st instant communicating intelligence transmitted to the President of the United States, touching the recent movements of Mexican Troops under Grenerals Paredas** and Arista, and the preparatory measures of His Excellency adopted and advised for the protection of Texas against their attacks. Intelligence of a similar character, but less full in its details, has been conmiunicated to the Executive in a dispatch from Gren Taylor, under date of the 16 instant, and in a note from Mr Donelson, dated the 5th instant and transmitted to this Department. His Excel- lency's reply to the note of Gen Taylor was dispatched on the 23d instant and its contents express the opinion then entertained by the Executive that the Mexican forces concentrating at Matamoras and other points upon the Rio Grande, were* not intended for the imme- diate invasion of Texas, but rather to remain in position and act defensively for the present. That opinion was based upon such evi- dences as were then in possession of the Executive; but the addi- tional and specific information contained in the .note of Mr. Rhodes, relating to the intelligence from authentic sources which has reached the President of the United States, leaves little room to doubt that those troops are designed by the Mexican Government for hostile operations against Texas. There is no reason to suppose that such hostiUties would be preceeded by any formal declaration of war by Mexico against the United States; nor that her belligerent operations would be carried on [in] the form of sustained and systematic war- fare. After a brief series of sudden attacks and rapid evolutions, the Mexican forces would again retire across the Rio Grande, with what of success or defeat might befall them. Since the battle of San Jacinto, they have never entertained a serious hope of recon- quering the country, nor a settled determination to invade it. As heretofore, they would now be content after inflicting upon the border the calamities incident to an irregular and destructive irrup- tion of their semi-barbarous soldiery. The President has at the request of Gen Taylor designated four full companies of sixty men each, and three half companies of Rangers, and one company of ArtiUery, all properly officered to be mustered into the service of the United States. He has also ordered Col Clark L Owen of Texana to enrol and have in readiness a volunteer corps of infantry — not to exceed one thousand men. These forces will be ready to act with the utmost promptitude against the enemy for the defence of the frontier and at the call of Gen Taylor. His Excel- lency further informed that officer in his reply that he would at his • Parades. Digitized by Google OOBBBSPONDBNCB WITH THE UNITED STATES. 397 request call into service any additional number of men which might be required, and which could be furnished. Gren Taylor will doubtless communicate to the Executive any cause or occasion which may arise for an additional employment of forces to cooperate with those under his command; and his call will be promptly attended to. From his frontier position and the facilities in his power for acquiring all necessary information, he will no doubt be able to anticipate any important hostile movement of the enemy in season for a sufficient force to concentrate and to meet it. The President is gratified to learn from the note of Mr. Rhodes that arms and munitions of war are placed in depot at Galveston suf- ficient for ten thousand men by order of the Executive of the United States. In the event of an invasion by the Mexicans, those arms and munitions would be indispensable for the use of the Texian soldiery; and in that event, it is the design of His Excellency, that the seat of active hostilities shall be as soon as practicable forced back beyond the Gio Grande, and that the scene of war be transferred to the enemy's country. The undersigned has the honor to present to Mr Bhodes the assur- ance of his distinguished regard, and to be. His most obedient Servant Ebnb Allen Lee to Buchanan.** Buchanan to Lee.* Ijeb to Jones.* Kaufman to Jones.** Lee to Jones.** Lee to Buchanan.* a September 1, 1846. See Lee to Allen, September 8, 1845. b September 6, 1845. See Lee to Allen, September 8, 1845. « September 6, 1845. See Calendar of Corresponenoe with the United States in Part L d September 8, 1845. See Calendar of CorreqKmdenoe with the United States In Part L « September 8, 1845. See Lee to Allen, September 8, 1845. Digitized by Google 398 AMERICAN HISTOBIOAJi ASSOOIAIIOy. LSB TO AlXEN.^ [Despatch No. 148.] WAaHiifGTON [City] 8 Sepiemier I84S. DuAR Sib I have the honor to acknowledge the receipt, on Sunday Evening 31 St. ultimo, of your communication of 2nd idem, informing me, of the iUness of the Hon. David S. Kaufman, and the probable delay of his arrival here in consequence; and covering a commission, authorizing me to perform the functions of Acting Charg6 d' Affaires until his arrival, and to open the letter of Instructions addressed to him for my further guidance. In obedience to these instructions, I addressed a note to the Sec- retary of State of the United States, on the 1st Inst, informing him of my appointment, and requesting him to appoint a time, at which I might call on him and present my letter of credit [sic], I received no official reply to my note imtil today, when I received the communication from the Secretary of State of 6th. Inst, copy of which you will find herewith, and to which please be referred, inform- ing me that the President of the United States, for reasons therein assigned, deemed it improper to receive a Charg6 d'Affaires from Texas, but desired that I should remain here as Agent of Texas. Copy of my reply, I transmit herewith. Having neither Instructions nor precedent for my guidance, I can only refer the matter, through you, to his Excellency the President of Texas, and await here his further instructions. In the mean- time, however, as this dedsion of the President, proceeds from no unkind feeling, but from the intimacy of the relations of the two Governments, forbidding, in his opinion, that Texas should any longer be treated as a Stranger, altho', I cannot communicate officially with the Government of the United States, I shall continue, indi- vidually, to cultivate the kind feelings at present existing on the part of this Government towards the Government of Texas, and imofficially, to bring to the notice of the President, all matters, which it would have been my provipice to do, if I had been received officially. This, the President of the U. S. has desired to do, and has promised to give my communications all the consideration they would have had if official. The President of the United States, requests me to tender to the President of Texas, the assurances of his sincere regard and his regret that he has not been able to comply with his wishes in r^ard to my reception. The President has expressed to me his full assiu*ance of the cheerful and zealous co-operation of the President of Texas in car- • A.L.8. Digitized by Google COBBlftPOSrDBNGE WITH THB VlflTED 0TATE8. 399 rying out and perfecting the measure oi annexation, and informed Hie that the communications of the Hon. A. J. Donelson, from Texas, OQ that head have been highly satisfactory. "Waiting the honor of your further communications I Remain Dear Sir Yours very truly W. D. Lbb [First of the inclosed copies is Lee to Buchanan, September 1, 1845, asking an interview in order to present his letter of credence.] Then comes the following: (Copy.) Washington [Cnr] 6th. September I84S. Deab Sib I have had the honor to receive your note of the first instant, informing me that the President of Texas had appointed you Acting Charg6 d' Affaires of that Government near the Government of the United States, and requesting me to appoint a time when you may call for the purpose of presenting your credentials. Your note has been submitted to the President who, after a careful examination of the subject, has directed me to inform you, that, in his opinion, the State of Texas has now become so intimately iden- tified with the other States of the Union, that it would not be proper to receive a Chaig6 d'AjOtaires from its Government and thus treat it as a foreign nation. The moment that the Convention of Texas had ratified the terms of annexation proposed by the Congress of the United States the substantial engagements of both parties were complete and nothing then remained to be done but her more formal admission into the Union in compliance with these engagements. The President has, accordingly, directed the troops of the United States to march into her territoiy and has determined to defend it against the forces of Mexico. Under these circumstances, Texas has already, in his judgment, become in fact, if not in form, one of our States, at least so far as to render it obligatory on him to protect her against foreign invasion. It would, therefore, it appears to him, be incompatible with these relations to receive a pubUc minister from her government as though she were still a stranger. It is certain, however, that the Government of Texas yet retains all the powers that it formerly possessed except such as would be inconsistent with the engagements of the respective parties to con- summate annexation. It is still both the right and duty of that Government to repel a Mexican invasion, and should such an event Digitized by Google 400 AJiEBICAN HISTORICAL ASSOCIATION. occur, it would be extremely convenient, if not absolutely necessary, to have an agent of Texas in the City of Washington. Other cir- cumstances might be adverted to which would render this highly proper. Whilst, therefore, the President cannot receive you in a diplomatic character, he will be much gratilSed should you determine to remain in this City as an agent of Texas. In that capacity you may render essential service to both Countries. In arriving at these conclusions, the President requests me to assure you of his sincere regard for the President of Texas and his regret that he has not been able to comply with his wishes in r^ard to your reception. With sentiments of Respect I Remain Yours truly Signed James Buchanan To W. D. Lee Esquire etc. etc. etc. Washington [Cnr] 8 Septr 1845. Deab Sm I have the honor to acknowledge the receipt to day, of your com- munication of the 6th. Inst, informing me, that, for reasons which you assign, the President of the United States entertains the opinion, that it would not be proper to receive a charg6 d'affaires from the Grovem- ment of Texas and thus treat it as a foreign nation. But that he will be much gratified, should I determine to remain in this city as an agent of Texas. In reply to your communication, I can only state, that I have no commission, or authority, under which I can hold official intercourse with the Government of the United States on the part of the Govt, of Texas, other than that of acting charg6 d'affaires, and that I have transmitted to the President of Texas, a copy of your communication, and shall wait here his further instructions. Meantime I have the honor to Remain, with great respect. Your obedient Servant, (Signed) W. D, Lee To the Hon. James Buchanan Secretary of State. Digitized by Google cobbespondence with the united states. 401 Kaufman to Buchanan.** Kaufman to Jones.* Kaufman to Allen.** (No 149) Legation of Texas Washington City Septr SO, 1845 Hon Ebenezeb Allen Secretary of State Deab Sm, I arrived in this city on the 19th inst and found myself in a singular position in regard to my reception on account of the course pursued by the United States Government towards Mr W. D. Lee and pro- mulgated by the Union. Mr Buchanan Secretary of State had addressed Mr Lee a communication (a copy of which has been trans- mitted to the Department) declining for reasons therein specified to accredit him. On the same day that I arrived at this city Major A. J. Donelson also arrived. He expressed regret at the stand the Govt had assumed, in regard to this question. On the 22d I called on Major D. who was then unwell at the Presidents Mansion and while there he sent for the President who received me with marked attention and took me into the Executive office and introduced me to Messrs Marcy, Mason and Johnson of the Cabinet. The conversation ranged over every topic connected with Texas with the exception of the relations that my Government bore to the United States. On that subject there was perfect silence. I immediately then determined on the course that I would pursue and the next morning I sent the Department of State the communication a copy of which is herewith enclosed and trans- mitted. Although in this communication I declined to ask a recon- sideration of the question and declared that in regard to that matter I should wait for instructions from home, yet I felt it due to my Gov- ernment at once in respectful and friendly terms to vindicate it from an imputation of ignorance of its present Relations to the United States. I sincerely trust that my commimication will prove satisfactory to His Excellency the President of Texas and the Department. Although it has not yet been answered officially and will not prob- ably be answered until the Department transmits me further instruc- tions, to be communicated to this Government, yet I know it has a September 23, 1845. See Kaofman to AUen, September 30, 1846. h September 30, 1845. See Calendar, Correspondeiice with United States, addenda. «A.L.S. 89728'*— TOL 2, PT 1— U 2d Digitized by VjOOQIC 402 AMERICAN HISTORICAL ASSOCIATION. been received here in the kindest manner. Mr Lee and myself have dined with the President, and Secretary Walker where we met with members of the Cabinet, all of whom evinced the kindest feelings towards the Government and People of Texas. Since my communication above referred to I have received the new Constitution for "the State of Texas" which most conclusively sustains every position that I then took. If it had been here before the President and Cabinet took their stand I know a very different course would have been pursued. With my communication unan- swered the whole question will r^nain in Statu quo imtil I can hear from my Government again. Through your kind permission, on tomorrow I leave here on a short visit to New York City and my Relatives in Pennsylvania. I will be back again however by the time your response to Mr Lees coipunu- nication arrives. While individually I should have no objection in returning home inmiediately it is my duty and shall be my pleasure to obey faithfully the instructions of my Government. Present my kind Regards to his Excellency the Presideixt 4Uid believe me with sentiments of high consideration Your very ob't Servant David S. Eaufican (Copy.) Legation of Texas Washington [City] 28 Sept 1845. The undersigned has the honor to inform the Hon. Mr. Buchanan Secry. of State of the U. S. that he has been appointed by his Excel- lency the President of Texas, Chargfi d' Affaires of the Govt, of Texas near the Govt, of the United States and, but for the tenor of Mr. P.'s note of 6th. Inst, addressed to my immediate predecessor Hon. W. D. Lee, the undersigned would ask for the appointment of a time when he might have the honor of presenting his letter of credence In your communication of the date above alluded to, you state that it is the opinion of the President that ^^fhe State of Texas has now become so intimately identified with the other States of the Union that it would not be proper to receive a Chaig6 from its Gk)vt. and thus treat it as a foreign Nation." After the expression of an opinion thus decided on the part of his Excellency it might be considered indelicate in the undecsigned to urge a reconsideration of the question and it would place his Govt, in a position that he would not have it occupy. He wiU uot do so of his own responsibility. On this subject he wiU await the instruc- tions of his Govt. The decision thus made in regard to the reception of my immediate predecessor however seems to place the Govt. wh. I have the honor to represent in so singular an attitude before the world, The attitude Digitized by Google GOBBESPONDEKCE WITH THE UNITH) STATES. 403 of ignorance of its present relation mitk the United States, that I feel it due to it, as well as to myself to vindicate it from that charge. The kind, friendly, and confidential relations which exist between the two governments, to be blended shortly in ''a more perfect Union", will I trust authorize me to do so with a frankness and freedom that I might not otherwise indulge in, at the same time assuring the Hon. Mr. B. that whatever may be the course his Govt, may finally pursue in regard to this matter, as far as Texas is con- cerned it can throw no impediment in the way of the final consiun- mation of the great American Question of annexation. By the pro- visions of '^a joint resolution for annexing Texas to the United States'' the 1st. and 2nd. sections of which were selected and pre- sented to the consideration of the Govt, of Texas, certain duties were required to be performed by the '^Existing Govt." of Texas by ''Deputies in convention assembled" and by ''the People" them- selves in their original Sovereign Capacity. The Existing Govt, of Texas was to give its consent to the proposed diange, The Deputies in Convention were to form a Constitution of a Republican CSxaracter and the people themselves were to approve said constitution and the constitution together with the evidence of their approval of the same was to be sent to the President of the United S. on or before the Ist. day of Jany. 1846 to be by him laid before your Congress for its final action. All these conditions have to be complied with on the part of the Govet. the Con/oention and the People of Texas before it can be said with propriety that Texas has "ratified the terms of Annexation proposed by the Congress of the U S." Now how many of these "powers of the State" have performed the duties required of them preliminary to sl further action on the part of the U. S. Congress? But one of the Three. The existing Govt, has given its consent, but, as far as we are informed, the Convention has not yet adopted a State constitution and certain it is that the People in whom and whom alone, not only by the theory of all popular Govts, but by an express provision of our constitution, is vested the right to abolish our form of Govt, and erect another in its stead, have not yet ratified that constitution. "All poUtical power is inhe- rent in the People and they have at all times the inalienable right to alter their Govt, in such manner as they may think proper" Dec. of rights Constitution of Tex It may be argued that the People have in this instance effected the change through their representatives or Deputies in convention assembled, but this ai^gument is untenable, as the joint resolution above referred to plainly draws a distinction between the "Deputies in Convention" assembled "and the People of said RepubUc of Texas." If the universal practice of submitting amendments of the constitutions of States of the American Union to the People for their Digitized by Google 404 AMEBIOAK HISTORICAL ASSOCIATION. ratification or rejection be right or expedient, how much more so is it when not only the whole constitution of Texas is proposed to be changed but her nationality itself merged in that of another But the joint resolution on this point is explicit, and it is the ''Law of Union" for both Governments. It is true as remarked by Mr. B. that ''the Convention had (has) ratified the terms of annexation proposed by the Congress of the U. S.''. Composed as that honorable body is of so much of the talent, integrity and patriotism of the Land they have done and will do every thing in their power to consummate so desirable an object. They have "ordained and declared that they assent to and accept the proposals contained in the 1st. and 2nd. sections'' of the joint resolution above referred to. Now so far as the first and 2nd. sec- tions are concerned the ordinance of the Convention was unneces- sary and supererogatory — It travelled out of the Record altho' it did much good in quieting the pubUc mind by the extraordinary and gratifying unanimity evinced in favor of this interesting measure. A simple reading of said sections will however satisfy every mind that this was not a duty prescribed by them. The formation of a State constitution is all that they require. This view of the ques- tion I have no doubt has been or will be sustained by the Conven- tion itself for I see in the papers that a committee of that body has recommended that the question not only of the adoption of the con- stitution but also of annexation be referred to the People themselves at the Ballot Box, a recommendation which I have no doubt has already been concurred in. More or less could not have been expected from such a body. It cannot be said that the People by electing deputies favorable to annexation deprived or meant to deprive themselves of a final decision of this question at the Polls. They had not the power to do so by the said joint resolution, nor had they the inclination. This same People have on the 1st. of this month elected members for the tenth Congress of the RepubHc of Texas a proceeding which would have been superfluous not to say treasonable if they had not reserved to themselves the right of finally deciding the question of a change of Grovt. Altho' the 1st. and 2nd. Sections do not litterally provide for the submission of the question of annexation to the People, yet a decision of that question is substantially involved in the vote upon the adoption of the constitution. Let us suppose for instance that the people should not adopt the constitution submitted to them or if adopted that the same should not be transmitted to the President of the United States on or before 1st. of Jany 1846. Would the terms of our admission be complied with notwithstanding the said Ordinance of the Convention? Clearly not. Indeed the said joint Digitized by Google COBBBSPONDBNCB WITH THE UNITED STATES. 405 resolution provides that these proceedmgs shall be had by the Oovt. the Convention and the People before the Ist. day of January 1846, ''in order that the same (Texas) may he admitted as one of the States of the Union" It recognizes no immediate no Urntorial State — ^The moment Texas looses her seperate sovereignty she assumes the rank of a sovereign State of the American Confederacy Your Government requires of Texas no pupilage, no probation. Her sovereignty is never lost, it will only flow in a different channel. Texas is as yet an independent RepubKc. Her Govt, has given her consent to annexation and the Convention are in the process of performing the duties required of them. During these proceedings past present avd to come, Texas maintains her independent and sep- erate attitude and wiU corUinue to do so imtil the final consimunation of the measiu^ of annexation. Her President continues to discharge his duties. Her courts are now in session by virtue of authority from the Republic of Texas and a Congress was elected at the usual annual elections. Her revenue from imposts as well as direct taxes are still collected as usual, and her gallant army small tho it be con- tinues ready to defend the country from aggression. It is true that the U. S. has sent a portion of its army into that country but it was by invitation of the representatives of the owners of the soil, the people of Texas. The invitation of the Convention was given three days after the ordinance accepting the terms etc showing conclusively that the Convention did not conceive that the acceptance by it of the terms of annexation ipso facto brought Texas into the Union. Their presence in no manner impairs the separate sov- ereignty of Texas, They were there at Nacogdoches in 1836 under Genl. Gaines and yet in that case the sovereignty of Texas was not questioned. In that case as in the present they were there by the consent of the people and for purposes of self defence. The people of the United States have the right to form a compact of imion with Texas If they have a right to form a compact of any character with her as an independent power they have the right to form a constitutional compact If England and France had a right to form compacts with her so has the United States and no one has a right to question that power And if they have the right to form this- constitutional compact they have a clear right to combine their strength (as is now done) to pre- vent their rights from being impaired. Indeed when the Treaty form of annexation was attempted the Government of the U. S. obligated itself to protect Texas from invasion pending the negociation. And now the U. S. are ready to protect Texas from invasion during the proceedings necessary to consummate the measure on her part Digitized by Google 406 AMEfilOAN HIBtOBIOAIi AflSOOIATiaN. in order to enable her to complete the work without molestation. This is the theory. The Nine years exemption of Texas from invasion satisfies the imdersigned that it will never be called into prdctice. The midersigned sincerely trusts that the foregoing remarks will be received by the Hon. Secry. of State in the spirit with which they are written and knows that the utmost harmony and friendship will continue to exist between the two govts, imtil the now "Lone Star" becomes "One of the ma/ny " that ghtter in the American constellation. The imdersigned would in conclusion take occasion to remark that the promptitude energy and patriotism with which his Excellency the President of the U. S. has acted in forwarding the measure of annexation have earned for him the admiration and gratitude of the Government and people of Texas. The undersigned avails himself of this occasion to assure Mr. B. of his very high consideration and has the honor to remain his Very Obdt. Servt (Signed) David S. Kaufman To the Hon James Buohanan Secretary of State. Lee to Allen.** Unofficial (No. 4)^ Washington [City] 8 October ISJfi. My Deab Sir Since I last wrote you which was I beUeve a few days before Col. Kaufman arrived here, I still continue without a word from you, or any thing from your dept to this Legation. Col. K. addressed a communication to Mr. Buchanan soon after his arrival, copy of which he sent to your Department. No reply has been made to it. The argument is unanswerable, but the determination of this Government to adhere to their decision is not to be changed. Their course in relation to Col. K. and myself was dictated by policy which they judged good, and which I was convinced from the first would not be changed. I wrote you to that effect and also to President Jones. I presume not many days will elapse before your further instructions will arrive and we shall then know what to do. Col. Kaufman left here a week ago for New Yorjf and on his return will visit his friends in Pennsylvania and return here in about a fortnight. He intends to run for the U. S. Congress and will not be desirous of remaining here much longer. * ♦ 4c ♦ * ♦ ^c You will see a communication in the Union of this evening most of which is pirated from a document which you will readily recognize. aA.L.S. ft WliAt other letteis belong to this series, and how they should be numbered, is uncertain. • The matter omitted here relates to Mr. Lee's private affairs. Digitized by Google OOBBBSPONBEKOB WITH THE UNITED STATES. 407 The fact is the document alluded to was very much admired and its effect vAitsf^ it was intended to produce one was admirable, but as the exhibition Wias limited to His Excellency and the Hon. J. B.<* I avttiled [myself] of an oversight in the publication of some New Hampdiire ilgsolutions in the Union to insist on the insertion of this communication which draws lai^ely from a source which I was glad to have at command in framing the article. There is great difficulty in getting any thing in to the Union which is intended for the benefit of any individual except the President and his Secretary of the Treasury It is generally thought that Mr. Buchanan will go on the Bench and the present Atty. Grenl. will take the State Department. Duff Greene is busy as usual but without influence direct altho' it is said he has some indirect. Mr. Walker is unquestionably looking to the succession but I think by travelling too fast may trip. The immeiiale object of all the mcuieuvers here now is to secure the print- ing df the Union— and for ffiis, the maUcious say, many heads are sarved* for the time being, from the guillotine^ only to fall at the call of some mettlfcer of Congress who has a vote foi; printer, and a friend who wanter a place. Blair & Rives are building Jackson Hall 50 feet on Pennsylvania Avenue by 100 feet deep and immediately in ihe rear they have a modest brick edifice 50 feet by 80, in which is a Steam En^ne anid printing establishment. They refused to sell the name of the GFlohe to Ritchie & Heiss and it is believed by most people that the Resurection of that paper is intended. Fisk and Dow of the U. S. Journal Radical say that but for them this adipinistration would have been a Conservative one. They also want the printing. Some of the Senators and Representatives are beginning to arrive. Neither Col. K. nor myself have ever permitted an opportunity to escape for vindicating President Jones and his Cabinet in his course on the annexation measure. I believe President Polk and his Cabinet are satisfied and take a proper view of the matter. I think the com- munication which will be in the Union this Evening will have a good effect and if I find the comments here favorable I shall have it inserted in other papers and circulated extensively. Col. K. left town so soon that altho' we talked the matter over I had no opportunity of sub- mitting the article to him before sending it in. The Te!{tas papers arrive here very irregularly and I am oftener indebted to New Of leans papers than any other source for information about Texas: Frequent ajid fuU communications even upon matters comparatively uniitiportant would often be useful here. There is an army of letter writers here for newspapers over the whole country during the Session of Congress and quite a regiment here now, and the commutiication of small items of information or gossip insures a Fiesldeiit Polk and Secretaiy Bnohanan. Digitized by Google 408 AMERICAN HI8T0BICAL ASSOCIATION. their good will and disposes them to render small services in return. Should Col. Ejkufman return home and the President wish me to remain here until Congress acts upon our State Constitution and bring home the result of that action, I should like very much to do so, pro- vided it is considered proper imder all the drcumstances to apply a portion of the appropriation to my benefit. This would I fear be necessary as I have no arrangement sure by which I could defray my own expenses till then. This is not a con- sideration of avarice but of necessity and I would not have mentioned it except for the latter. I think that the necessity for some agent of the Republic of Texas here is clear, and it is certain that a DiphmaRe Agent will only be unofficially received and acknowledged in fact hul not in form. If Kaufmans letter is published .as it may probably be by a call from Congress the result will be more injurious to the Cabinet here than their receiving him formally and properly would have been. It shows that the reasons which are set forth in Mr. Buchanans official letter to me are 7U> reasons at aU, and the other reasons can-not be assigned publicly. Neither Col. Kaufman nor myself have prompted any remarks which have appeared in any of the papers on this subject, but both of us while we have on all proper occasions maintained the posi- tion of Independent Republicans and of the Republic of Texas, we have at the same time cultivated the good feelings of President Polk and his friends and Cabinet, and have unofficially been treated with marked kindness and courtesy. To day I received a note from Gov. Marcy requesting me to call at the War Department to consult on a matter relating to Texas. I called and he showed me a letter from Mr. Pierce M. Butler informing him that he was about starting for the Indian Country under a Com- mission from President Polk to make Treaties etc. with the Co- manches etc. on the Frontier of Texas and advised Gov. Marcy to communicate the fact to the Texian Govt. I told him that the Texian Govt, had Indian Agents through whom they communicated with the Indians in Texas and suggested that if the U. S. desired to make treaties with Indians in Texas it would be proper to communicate their desire to the Texian Govt, and I was sure the President of Texas would co-operate etc. Here was another way of recognizing our Independence, and it was no go. But the Gov. said he would address a copy of the letter to Mister Kaufman the agent of Texas and he could use his own discretion what to do with it. So I suppose our Indian relations are taken off the hands of our Govt. — and like the Shape of the Revenue provisions and Diplomatic relations made to fit the position assumed by this Govt. The promised Copy has not yet been sent it, and as this is the last day that letters from here will be in time for the first trip of the New York, I will send this off any how. The Union does not come out imtil Digitized by Google 0OBBE8POin)£N0B WITH THB UNITED STATES. 409 moming, altho' dated the eveniiig previous to its appearance. I will write again tomorrow and my letter may still reach in time for the New York. I send some late papers to which please be referred for news and general matters. Please present my kind regards to the President and BeUeve Me My Dear Sir Very truly your friend W. D. Lee I dont know whether my lengthy gossip will interest you, but if it anoys you please to punish me with two pages for one in return and I will kiss the rod. Makot TO Kaufman.** Allen to Kaufman. Department of State Wdshington [Texas] 15, October, I84S Sm— This Department is in receipt of Mr Lee's despatch under date of the 8th ultimo enclosing copies of the Correspondence between him- self and the Hon Mr Buchanan on the subject of the reception and recognition by the President of the United States of a Chargfi d' Affaires of this Government, and announcing the refusal of his Excellency to receive you in your accredited capacity; together with your own dispatch under date of the 30th ultimo enclosing a copy of your note to Mr Buchanan dated the 23d idem, communicating fur- ther inteUigence in relation to the subject matter of Mr Lee's despatch. The President having examined these despatches, I am directed by his Excellency to communicate to you his instructions, that in consequence of the premises, you will at your earliest convenience return to this coimtry. In as much as a reception as the diplomatic agent of this Govern- ment has been denied you, I need not suggest that the usual formal- ties observed on the occasion of a diplomatic functionary's leaving his residence near the Government to which he is accredited, are to be omitted by you on quitting the City of Washington. I am with sentiments of high regard — Your obedient Sevt Ebnb. Allen Secretary of State Hon David S. Kauphman Charge d Affaires of Texas etc etc etc a October 10, 1845. See Lee to Allen, October 21, 1846. Digitized by Google 410 AicraiCAK siMomoAii ASMovtrtov. LBtf TO Jomas.* Lkb to Allbk.^ (No 150) Legation ot* Tbxas Washington [City] 21 Oct 1845. Deab Snt There has been no dispatch reed, at this Legation since the 30th. Ulto. the date of the last dispatch from this Legation to your Department. I have the honor to transmit herewith Copy of a Comnranioation from the Hon. W. L. Marcy Secy, of War of the U. S. on the subject of a Conmiission sent to treat with the Comanche Lidians to which please be referred. The informal intercourse between this Legation and the Govt, of the United States continues to be of the most friendly character, nothing having occurred to place our intercourse upon a different footing since the date of Col. Kaufmans last dispatch No. 149. Col. K. is visiting his friends in Pennsylvania but I expect his return here in a few days. I have the honor to remain Dear Sir Respfy Yr obdt Servt W. D. hea Hon. EAunfiZBB Allen — Seeretary of Stat$^ (Copy.) Wab Department Washington [City] October 10, 1845. Sir The President has directed this Department to designate P. M. Butler and M. G. Lewis to treat with the Comanche Indians and to renew and strengthen the friendly intercourse between them and the United States It is proper that the objects of this mission should be made known to the Authorities of Texas to the end that the Government there may cooperate with these Conunissioners in accomplishing results alike beneficial to all parties. It is conceived that the Agents and traders of Texas that are or may become residents among the Indian tribes not only in that Coimtry but in the vicinity will without doubt imder the advice and direction of their Govt, dieerfully lend their o October 20, 1845. See CiOeiidar of CoAMpMdflMe with tlM United Stetw in Parti. »A.L.8. Digitized by Google COBRBBPONDENCB WITH THB UNITED STATES. 411 asfflstance to United States Commissioners in mtJdng arrangements to maintain and perpetuate friendly relations between these tribes and the United States. Permit me reepeetfuUy to invite your attention to this subject and ask from you such communication to the Authorities of Texas in relation thereto as imder the circumstances you may deem proper. I have the honor to be with great r^pect Yr Obdt Servt Signed. W. L. Mabcy Hon* David Kauffman AgcTvt etc. etc. etc. Secretary of War Kaufblan to Jones.** Kaufman to Allen.'' (No 151) Legation of Texas WasUngton [City] Sd. Nov 1845. Deab Sm No communication has been received at this Legation from your Department since my arrival (Septr. 19th.) and consequently no reply to Mr. Lees communication of the 8th. September and mine of 30th. idem. I am without advice and instructions as to the course the Department would have me pursue. Of one thing however I am persuaded, and that is that the Government here will not under any circumstances change its position in regard to the relations that Texas bears to it. Consistency, pride of opinion, interest, and perhaps in some degree the triumphant consummation of annexation itself, demand a steady adherence to the course originally taken and promulgated by the official organ. Under these circumstances, I feel persuaded that the Department would not request me to ask a reconsideration of the question of my reception, to be followed, as it would be, by a second rejection. To remain here as agent etc or in any other capacity than that in which I have been sent, I would not be willing, even admitting that our laws recognized such an officer. Under all the circumstances there- fore I have determined to leave for Texas and to day I leave this City via Baltimore and Wheeling for the South Mr. Lee will however remain and faithfully carry out any instruc- tions he may receive from the Department and I am highly gratified • a November 3, 1846. See addenda to Calendar of Correspondence with the United States. »A.L.8. . Digitized by Google 412 AMERICAN HISTORICAL ASSOCIATION. that I am enabled to leave the interests of the Legation in the hands of one whose fideUty abiUty and tact emminently entitle him to your your favorable consideration. The most kind and friendly unofficial intercourse has been kept up between the President, Secretary of State and members of the Cabi- net and myself. Wherever, I could suggest any thing that I con- sidered of benefit to our Country I have not failed to do so and my suggestions have been treated with great attention and respect. I sincerely trust that the course I have determined to pursue will be entirely acceptable to his Excellency President Jones and to the Department over which you have the honor to preside. Certain it is it has been determined on out of the highest regard and respect for the Government that honored me with its confidence, and did I not feel morally certain that the course I am now pursuing is the one that would be reccommended and will be fully approved at home, I should wait here imtil I heard from your Department. It would afford me much pleasure to secure the approbation of his Excellency and your Department on my course and if I shall be so fortunate as to do so (which I sincerely trust) I should be much grati- fied to receive an evidence of that fact from you addressed to me at my residence in Sabine Town I have the honor to remain With high regard Your Very Obdt. Servt. David S. Kaufman Lee to Buchanan.** Lee to Allen.* (No 152) Legation op Texas Washington [OUy] 8 Nov 1845. Dear Sib I have the honor to acknowledge the receipt on yesterday by the hands of Captn. Munson of your dispatch dated Washington 15th. October last, and in compKance with your Instructions I shall leave this city this afternoon and after a hasty visit to New York shall return immediately to Texas. Col. Kaufman left here as he advised you in his dispatch No. 161, dated the 3d Inst, on that day. a November 6, 1845. See Lee to AUen, November 8, 1846, with which— though no mention of the fact appears— thia letter most have been inclosed. « »A.L.S. Digitized by Google COBBESPONBENCB WITH THE UNITED STATES. 413 I have the satisfaction to inform you that both the President of the U. S. and the Secretary of State have assured me that the atten- tion of Congress will be called to the claims of Texas for indemnity in the Snively and Red River Custom House Cases and the Secretary of State further promised me that he would request his friend Mr. Allen of Ohio to introduce and read a Bill in his place in Congress at as early a day as practicable after the meeting of Congress to provide for the payment of these claims. I have been urging this matter upon the attention of this Govern- ment. They needed reminding of it for when I first spoke to Mr. Buchanan on the subject, he told me that he had never heard of it as Secretary of State altho' he had some slight reccoUection of it as a member of Congress. So soon as he had time to look into the records of his Department relating to the claims, however, he with earnestness assured me that it should be attended to. And altho' as an invariable rule he declined to state in a written communication any thing which will appear in the Presidents message he told me he had prepared a paragraph which will be inserted in the message reccommending an immediate appro- priation to pay these claims. I have not had the pleasure to be assured that any of my private letters to yourself or his Excellency the President have been received, nor have I any intimation from your Department whether my desire to secure the approbation of his Excellency has been successful. Should I be so fortunate, as I sincerely hope I may be, an intimation of that fact will be a source of great gratification to me. I have the honor to remain with sentiments of high regard for yourself and his Excellency the President of which please assure him on my part Very Respectfully Yr obdt Servt W. D. Lee The archives of this Legation are sealed with the seal of the Lega- tion and placed in the care of Lewis R. Hamersley Esq Clerk in the office of the Adjutant Genl. subject to orders from your Department W. D. L. Legation op Texas WdshingUm 6 Nov I84S Dear Sm As the time is near at hand when the Congress of the U. S. will assemble, permit me to call yotur attention to the claims of Texas for indemnity in the cases of the disarming of the forces of Col. Snively of Texas by Captn. Cooke of the U. S. Army and of the outrage upon the Collector and Custom House of the District of Digitized by Google 414 AMEBICAK HISTOBICAL ASSOCIATIOK. Red River in Texas by citizens of the U. S. both of which occurrences took place in the spring of 1843, and have heretofore been the sub- ject of negotiation and correspondence betweai the two Govts. I shall very soon return to Texas and it will be a source of mudi grati- fication to my Govt, if I am enabled to assure the President of Texas on my return that the attention of the U S Congress wiil be called early to these matters in order that an appropriation may be made to meet these long standing claims of Texas on the justioe of the United States. I have the honor to remain With high regard Dear Sir Yr obdt Servt Sgd. W D Lee Hon James Buchanan Secretary of State, etc etc etc. Jones to Polk* Jones to Polk.^ Executive Department Austin, Now. 12th. 1845. To His Excellency James K. Polk Etc. Etc. Etc. Sm. By request, I have the honor to transmit to your Excellency a reconmaendation by the Members of the recent convention, held at Austin, in favor of the officers of the Army and Navy of Texas, whose commissions will be vacated upon Texas becoming a State of the Union and those who have been honorably discharged for want of funds to keep them in Commission. Confident that your Excellency will readily appreciate the supe- riority of a reconmiendation upon principle, Uke this, by those who are in the performance of an implied duty, to one of a private and personal character, obtained by individuals where signatures are easily obtained; and feeling assured that your Excellency will give the subject that deUberation and decision it merits. I have the honor to be With High respect Your most obedient servant. Anson Jones a Noyember 10, 1845. See Calendar of Correspondence with the United States ifi Part I. »See Records of Department of State (Texas), Book 47, p. 41. Digitized by Google oobbbspoot>^;nce wixh tuv^ unubp states. 415 Aui^N TO Jones.* 'Rajuq^j} tq Jqjoss.* ;GtJ)ei9>0« TO BSODSS. Department of State Austin Now. 29ih 18A5. Sir. I have the honor herewith to enclose the letter from the State Department of the United States, authorizing you to commimicate with this Government in the absence of Major Donelson, referred by you to this Department; the return of which agreeably to your request, has thus long been delayed from unavoidable circumstances * I have the honor to be With great respect Your obt. Servant Joseph C. Eldredgb Acting Secretary of State E. A. Rhodes Esquirb Actg V, S. Consul etc etc etc EUDftBDOE TO BUOHANAN.^ [Eldredge has sent BuchadaU; at his request, certain books con- cerning Texas.] joi^es to polk.« Executive Department Austin, Feby 16th. 1846. To His Excellency, James K. Polk President of t?ie United States. Sir, I have the honor to acknowledge the receipt of two letters from you, dated the 13th. of January last, one transmitting to me a copy of the Act of Congress ot the United States for establishing a collec- tion district in Texas etc, and the other, copies of certain commimi- cations from Genl. Taylor with the report of the Attorney General a November 14, 1845. See Calendar of C-orrespondeoce with the United States in Part I. » See Beoosds of Deftartment of State (Texas), Book 43, p. 6. e Tbfi letter referred to, Maam to I^M^es, Aqtpiat 7, m&, haditetaum^^ AJkp hylUiote, Angoft 21. d January 24, 1846. « See BeoordB of Department of State (Texas), Book 47, p. 43. Digitized by Google 416 AMEBIGAN HISTORICAL ASSOCIATION. of the United States upon the matters embraced in them, together with a request from your Excellency that measures might be taken by this government to relieve the Settlers from the payment of cer- tain duties and that the said duties might be fully remitted to them. As the change in the oflBcers of the Government contemplated in the New Constitution of Texas, is about taking place, no opportu- nity is afforded me to do more than refer the subject to His Excel- lency the Governor of the State, who is now about to assume the duties of his office. I have the honor to be With the highest respect Your Excellency's Most obedient Servant Anson Jones Walksb to Runnels.** Treasuey Department March 26ih. I846 Sir, By the Joint Resolution of the Senate and House of Representa- tives of the "Cnited States ''For annexing Texas to the United States", approved the 1st March 1845, among the conditions on which the consent of Congress is given to the annexation, it is provided in the 2d section of said Resolutions that *'said State, when admitted into the Union, after ceding to the United States, all public edifices, forti- fications, barracks, ports and harbors, navy and navy yards, docks, magazines, arms, armaments, and all other property and means per- taining to the public defence, belonging to said RepubHc of Texas, shall retain all the pubUc funds etc etc": And by the constitution of the State of Texas, adopted in convention, on the 27th August 1845, it is provided, in the 8th Section of Article 13, that **The Legislature shall also adopt such measures as may be required to cede to the United States, at the proper time, all public edifices, fortifications, barracks, ports, harbors navy and navy yards, docks, magazines, arms and armaments, and all other property and means pertaining to the pubUc defence, now belonging to the Republic of Texas." Under these provisions, you are authorised and directed, as Agent of the Government of the United States, to receive into your custody from the person authorised on the part of the State of Texas, to deliver the same, all the public property above enumerated. If no such agent on the part of the State of Texas has yet been appointed, you will immediately proceed to the Seat of Government of the State, and make application to the Legislature, on behalf of this Govem- oL.S. Digitized by Google CX)BRESPONDENCB WITH THE UNITED STATES. 417 ment, for the immediate transfer and delivery of the property men- tioned above. On receiving the property you will forthwith furnish to this Department, a duplicate list of the same. On the application of the agents constituted by the Department of War and of the Navy of the United States, you are authorised and directed to deUver into their custody, respectively, the property per- taining to the Departments they severally represent — ^retaining in your charge any articles, or portions of property not demanded by such agents. Your reasonable expenses incurred in the performance of these services, will be paid by this Department. I am Sir Very respectfully Your obed. Sevt R. J. Walker Secretary of the Treaswry HiBAM G. Runnels Esq Collector of the Customs District of Texas Galveston Texas 39728**— VOL 2, pt 1—11 27 Digitized by Google CORRESPONDENCE WITH MEXICO. FiLisoLA TO Santa Anna.* Secret Treaty between Santa Anna and the Texan Govern- ment.* Santa Anna to Filisola.* Public Treaty between Santa Anna and the Texan Govern- ment.* Burnet to Santa Anna. Velasco. 17 May 1836 Excellent Sir. I have the honor to recieve Your Excellency's communication of this day apprising me of the return of General WoU, and of the cir- cumstances that conduced to it.** The government of Texas actuated by the principles of an enlight- ened humanity, and by a sincere desire to observe all the approved usages of the most civilized nations, cannot but regret that an event so painful as the one mentioned in Your Excellency's communica- tion should have occured. The conduct that has been manifested towards the prisoners whom the casualties of war have thrown into their power, affords indubitable testimony that no intention could exist on their part, to infringe, in the slightest degree, the equitable ** rights of nations,'* in the person of General WoU. I trust Your Excellency will readily percieve from the tenor of the letter of General Rusk to Genl WoU of 12 Inst., a copy of which accompanies Your Excellency's communication, that the reason of a April 28, 1836. See Calendar. ^ May 14, 1836. See Webb to Bee, March 7, 1839. c May 14, 1836 (translation). See Calendar. The copy found in the files varies slightly from that pab> Ushed, which Is also without date. d This letter has not been found. 418 Digitized by Google COERESPONDENCE WITH MEXICO. 419 Genl Woll's recall to Camp was predicated in the apprehension that the excitement produced by the cruelties inflicted on our countrymen who had fallen into the power of Mexicans together with some aUeged manifestations of passion on the part of Genl WoU himself, might lead to some act of violence relative to his person, by intemperate and irrational persons, who are to be found in all armies and especially in those composed in part of volunteers. In making these just concessions to Your Excellency, I cannot but remark, that no portion of them is extracted by the intemperate and uncourteous threats found in the letter of Genl Woll to Genl Rusk, which You transmit to me. The terms of that letter convey more evidence of petulance on the part of the writer, than cause of appre- hension to this government from his projected appeal to the world. The government of Texas can feel no hesitation in submitting their conduct, during the present contest, to the scrutiny of an enUghtened age, and more especially when that conduct will be opposed in con- spicuous contrast, to the many aberrations from the rules of civiUzed warfare, that have characterized the deportment of their enemies. This government has never regarded General Woll as a prisoner of war. The detention of which he complains resulted from a deep sense of the Sanctity of his position and a careful anxiety to preserve [it] inviolate. In conclusion I would say to Your Excellency that so soon as it may be practicable General Woll shall be safely conducted to the Head Quarters of the Mexican Army — but should the General's great impatience decline all prudential consideration, he is at Uberty to depart at any moment with such means of protection as are at present at our command. With high considerations I am Your Exce'ls Obt Sert signed David G Burnet To His Exc Don Antonio Lopez DE Santa Anna President etc Burnet to Santa Anna. Velasco lOth May 18S6. Excellent Sir, I have the pleasure to acknowledge the receipt of Your communi- cation of this morning relative to the case of the Soldier who was con- victed and sentenced to death for an assault on the person of the Aide of General WoU, Digitized by Google 420 AMERICAN HISTORTCAL, ASSOCTATTON. The humanity which prompts Your Excellency's mind on tliis occasion, is duly appreciated by the Grovemment, and the culprit will receive a commutation of his merited punishment. With great respect I am Your obt Servt David G Burnet To His Excellency Don Antonio Lopez DE Santa Anna. Burnet to Santa Anna.* Velasco 20 May 1836 To His Excellency the President Don Antonio Lopez de Santa Anna Sir I inclose to Your Excellency a passport for the Genl Adrian Woll; and I have the pleasure to inform You that dispositions are being made for the departure of the escort this evening, with the intention that they Shall march from the opposite Side of the river early in the morning. With great consideration, I am Your Excellency's Most obt Servt (Signed) David G. Burnet Burnet to Santa Anna. Velasco ZOth May 1836 Excellent Sir Your esteemed letter of yesterday I have duly recieved.* The Scarcity of horses at this point renders it inconvenient to furnish a larger escort for Genl WoU than a Lieutenant and five men of the company of Capt Fisher These can be prepared to depart this Evening if desireable- Should it comport with the wishes of Gen Woll under his full knowl- edge of facts to accept of this conduct, Your Excellency will please signify it, and the necessary arrangements will be immediately made With high Regard I am Your Excellencys most Obt Sevt signed David G Burnet To his Excellency President Don Antonio Lopez de Santa Anna A. h. S. b This letter has not been found. Digitized by Google COBBESPONDENCE WITH MEXICO. 421 FnjsoLA TO Santa Anna.*» Santa Anna to Bubnet.* Excellent Sir, When the cabmet of Texas has ratified with me a solemn treaty which I have compUed with on my part as far as my situation allows, When protests have been made by your Excellency, that you would perish with all your family rather than fail in what has been promised me; — and when General Filisola has repUed that on his part the whole treaty shall be religiously fulfilled, having previously obeyed what- ever orders I have communicated to him; — then your Excellency, hearing the clamors of certain individuals just arrived from New Orleans, issues a decree to the commander of this vessel, that he should set me on shore in order to continue the close confinement in which I have so long languished — I cannot conceal from your Excel- lency the siuT)rise which such conduct has produced when the mem- bers of the Cabinet inspired me with so much confidence, and as I cannot but beUeve that my personal enemies have triumphed and are going to enjoy the barbarous pleasure of executing their ven- geance. I beseech your Excellency at least, that I may be shot on board this vessel, because there are soldiers here who can execute it, and I cannot leave it aUve. I hope your Excellency will be pleased to answer me, and recive my highest consideration. God and Liberty. On board the schooner of war Invincible, in the port of Velasco June 4th 1836. (Signed) Antonio Lopez de Santa Anna. To his Excellency the Prest David G. Burnet Santa Anna to Bubnet.* OflSce of the Private Secretary to the President of the Mexican RepubUc, General-in-chief of this Army of Operations Most Excellent Sm: His Excellency the General of Division, Don Vicente Filisola, in his communication of the 25th May ulto. says to me that which follows: [Here follows Filisola to Santa Anna, May 25, 1836.]^ I transcribe said communication to your Excellency for your information and the Cabinets, in order that you may be acquainted, that the Agreement made between us the 14th May last, has been a May 25, 1836 (extract). See Santa Anna to Burnet, June 8, 1836. b Tnmslatlon. e See Calendar.. Digitized by Google 422 AMERICAN HISTORICAL ASSOCIATION. fulfilled on the part of H. Excellency General Don Vincent Filisola, which agreement was sent on to him, through General Don T. J. Rusk. On this occasion I repeat to you my consideration. God and Liberty. Velasco 8th June 1836 Signed Anto. Lopez de Santa Anna. To H. E. the President David G. Burnett. Santa Anna to Burnet." OflBce of the Private Secretary to the President of the Republic of Mexico, General-in-Chief of the Army of Operations. Your Excellency, The tumultuous excitement which compelled your Excy. to dictate the unexpected measure of my return to shore from on board the Schooner of War Invincible, having disappeared with the absence of those who promoted it, the time I believe is arrived for your Excy. and Cabinet to think of carrying into effect my voyage to Vera Cruz, pursuant to the treaty made on the 14th. May last for the Commis- sioners who delivered tome your Excellency's note, Baily Hardeman, Secretary of the Treasury, Memucan Hunt, J. Pinckney Henderson, and Benj. F. Smith, assured me that within four days the excitement which compelled your Excy to that measure would subside and that I should return to the same vessel, for which reason I yielded, and desisted from the determination I had communicated to your Excy in my Official of that date.^ Be pleased to communicate to me your resolution, in order to remove my present state of uncertainty, after the treaty celebrated and which has been already fulfilled on my part. I repeat the sentiments of my consideration and regard. God and Liberty. Velasco 8th. June 1836. Signed Anto. Lopez de Santa Anna. His Excy. President David G. Burnett. Santa Anna to Burnet.*' Burnet to Santa Anna.** a Tmulatlon. t> Referring apparently to his letter of May 4, in which he expressed his determination not to leave the Invincible alive, e June 9. 1836. See Calendar. d June 10, 1836. See Calendar. Digitized by Google OOBRESPONDENCE WITH MEXICO. 423 BuKNET TO Santa Anna.** [Acknowledging receipt of Santa Anna's letter of June 8, 1836, transcribing despatch of Filisola, May 25, 1836.] Santa Anna to Jackson.* Pboclamation of Blockade of Mexican Ports.* Santa Anna to Houston.** A S. E. el Gral. Sam. Houston. Orazimbo, Oct S4 de 1836. MuY Senor mio y de mi aprecio: Ad junto k V. la contestacion original del Presidente Jackson & mi carta de 4 de Julio, para que se imponga de su contenido. La advertencia del Grobiemo de Mexico, q. esplica el Gen. Jackson, contraida & manifestar, no sir ohligatoria d Ids autoridades de agueUa Ndcion ninguna transadon hecha conmigo mientras permanezca pri- sionero, refuerza cuanto tengo manifestado con repeticion, de s6r precisa d indispensable mi presencia en aquel Gabinete, 6 insignifi- cante cuanto aqui haga 6 escriba, despues de retirar al Ejercito Mexi- cano al otro lado del rio Bravo del Norte. Es necesario S6r. mio, convencerse de una vez, q. condilat&rel cumplimto. del convenio de 14 de Mayo, no se hace mas, q. perjudic&r todos los intereses. La independencia de Tejas estaria a esta fha. reconocida, 6 procsima & reconocerse, si el tumulto de Velasco* no hubiese impedido mi par- tida, cuando se dispuso por la autoridad competente. El tiempo q. se pierde es precioso, y quizi no volveri 6, presentarse. Desaparezcan pues injustas desconfianzas tan depresivas para los ofensores, como pa. el ofendido. Las acciones de mi vida publica no se manchar&n con ningun acto indigno en la prosperidad, d en la desgracia. Las razones ante-dichas me hacen cre^r innecesaria cualquiera cosa q. se escriba al Ministro Mexicano en los Estados Unidos; y en ahorro de tiempo podria yo pasar & Washington, pues no hay duda q. una entrevista con el Gen. Jackson traeria bien para todos. Medite V. lo mas conveniente, y cuente con la deferencia de su adicto amigo Sego. Servidor Q. B. S. M. Ant. Lopez de Santa Anna [Rtibrica] a June 15, 1836. frJuly4,1836. Bee Webb to Bee, March 7, U39. c July 21, 1836. See TeUffmph and Texas Register, August 16, 1836. 4L.S. « See tbe two ktten of Santa Anna to Burnet written June 8, 1886. Digitized by Google 424 AMERICAN HISTORICAL ASSOCIATION. P. D. He hablado estensamente con el General Austin y Corl. Bee sobre el objeto importante de mi visita & Washington, prefiriendo este seguro conducto, al papel. Por tanto a estos S5es. me refiero en todo lo concemiente al particular. L. DE Sta. Anna Pltibrica.] Houston's Memorandum for Santa Anna.<» [Suggests that Santa Aima write to the Mexican minister at Wash- ington enjoining obedience to orders, also an official letter to Jackson and a confidential one favoring annexation of Texas to the United States; and defines his own attitude towards the release of Santa Anna.] Proclamation Revoking Texan Blockade of Mexican Ports.* Austin to MARTfNEZ.*' Republic op Texas Department of State Columbia Texas Novr. SOtTi. 18S6 His Excellency the President of Texas, animated by those noble and Uberal sentiments of humanity and liberality which have character- ised the people and Govt, of Texas, in the contest with Mexico ; has directed me to open a correspondence through you, for the purpose of arranging for the mutual release of all the prisoners of war in the possession of either party, and to say to you that this object can be effected on the following terms. 1. All the Texian prisoners of war at Matamoros or else where in the possession of the Mexican Govt., shall be delivered at Brazos Santiago to an agent of this Govt, who will be appointed for that purpose. 2. The same number of Mexican prisoners according to rank, shall be set at liberty, in exchange for said Texian prisoners, and delivered to an agent of the Mexican Govt, at Galveston. 3. All the other Mexican prisoners of war in the possession of this Govt, shall be liberated on their parole of honor, not to serve against Texas, nor in the Mexican army at any point or place whatever dur- ing the war, unless they are first regularly exchanged. a October 25, 1836. Bee Crane, Lift of Sam HoutUm, 122-123. h November 1, 1836. See TeUgra/jph ani Terat RegitUr, November 16, 1836. « There are on reoord also letters from Austin to T. Toby it Bro. and to A. J. Yates, dated respectively November 30 and December 12, requesting their help in bringing about the proposed ezdiange of prlsonen. Digitized by Google CORRESPONDENCE WITH MEXICO. 425 4. The said Texian prisoners shall be embarked at Brazos Santiago, by the said agent of this Govt, in a vessell or vessells under the flag of the United States of America chartered for that purpose at the expense of this Govt, and the said Mexican prisoners shall in like manner be embarked at Galveston in vessells of the United States of America chartered for that purpose by the said Mexican agent at the expense of the Mexican (jovt. 5. The necessary passports shall be mutually furnished by the Mexican authorities to the Texas agent who takes charge of the Texas prisoners at Matamoros and Brazos Santiago, and by those of this Govt, to the Mexican agent who takes charge of the Mexican prisoners at Galveston, and also a safe conduct for the vessells and prisoners on board of them, to their respective ports of destination, so that they shall not in any manner be detained or molested by the armed vessells, cruisers or forces of either party In order to save delay, the answer to this communication may be made through Thos. Toby Texas agent in New Orleans, and should the above proposition be acceeded to, the said Thos. Toby will be fully authorised by this Govt, to close the terms for its prompt ful- fihneat in every particular. I take this occasion to present to you the assurances of my per- sonal consideration and respect. S. F. Austin Sec. ofStaU To Don Francisco Pizabroi Martinez Mexican Consul New Orleans Hockley to Houston.* On Board the S Boat Tennessean nmr Natchez ISih Deer. 1836 To his Excellency Sam. Houston President of the Republic of Texas Sm I have the honor to report our progress thus far without accident and all in excellent health. We had a severe and fatiguing ride — by the mouth of Clear Creek — Cedar Bayou — ^Lynchburg — Old river — Pattitio's * plantation (at which the General rested part of the day) crossed the Sabine, at Ballew's ferry — at which the guard is stationed thence Opolusus*' and to Negroville or Washington fm. which we took Steam Boat, after but a few hours Detention — and arrived at a A. L. 8. fr Probably PatUlo's. « Opelooaas. Digitized by Google 426 AMERICAN HISTORICAL ASSOCIATIOK. Placqumine of the Mississippi River at noon 11th. In about two hours from our arrival the Tennessean appeared in sight and we were received on board. Thus far we have no reason to complain — the weather having been remarkably fine during our journey and we have been generally fortunate in meeting conveyances. I shall proceed in this Boat to the Mouth of Cumberland river (unless overtaken by a Louisville Boat) and from thence have the chances from the Boat's passing up this river — those from St Louis and from Nashville to Louisville — from whence the packets Boats nm regularly up the river. The Ohio is said to be clear of Ice but the weather intensely cold. We escaped recognition or detention most wonderfully — but two or three instances having occmred — and they unimportant. Genl. St. Anna, Col Almonte, Col. Bee and Maj, Pat ton *» present their respects to your Excellency, With whom I have the honor to offer my own, and to be — With high respect Your Excellencys Most obedient Servant Geo. W. Hockley Hockley to Houston.'' My Dear Sir, Should opportunity of "^ I should be pleased that my thanks (and probably those of the Republic might be added) to Mr. Saml. Whit- ing — for the accurate description of our persons, and the names of my companions, given to the persons in charge of the Steam Boat — Cayuga at Lynchburg. It had its full effect in causing me great annoyance for the time — which I presume will be satisfactory. But I would advise when next he attempts manouvering with a soldier, even as young as myself that it would be proper to look well to his rmr as well as his frofnJt. We are all in fine spirits and health as you will find by our Letters as I believe Col Bee and Maj Patton, both write by this oppy. Very respectfully and Sincerely Your Mend and ob. Sv. Geo. W. Hockley S. B. Tennessean 18 Deer 1836 HisExy Sam Houston Presidt Repl of Texas a Hockley, Bee, and Patton were on their way to Washington with Santa Anna and Almonte. »A.L.8. «0fler. Digitized by Google cobbespondence with mexico. 427 Bee to Houston.** ViCKSBUBGH mh [December] S6 Steam Boat Tenneasean. Deab Gbn'l, We had a fatiguing jotujiey of twelve days from your hospitable friend's House more through water than on Land — in so much, as to induce Genl Santa Anna to say — ''he believed he would have made better progress in the Independence Commodore Hawkins — than on our ponys" but we were on too important a Mission to let difficulties overcome us. We reached Washington (N^;roville) without accident and there took Steam Boat wliich took us within Nine Miles of Plaquemine to which place we were conveyed in a car- riage — and wTiere this Boat very soon made her appearance. At Nachez last night Col. Hockley went ashore for a Moment and bro't our friend Mr. Ross on board — ^who has continued with us to this place. He has pronused to forward our letters to you. At Louisville or Wheeling we will drop you a line to relieve you of all anxiety. Gen'l S. A. is in fine spirits and speaks of you often. Your kindness to him you may be assured will not soon be forgotten. You are by this I am in hopes at your favorite "Retreat" ^ — the cares of office — the crowd, the confusion, to say nothing of the * 'fleas" of Coliunbia will all be obUterated in the quiet and the charm of Home. I am told, it is a delightful place — and nothing will give me more pleasure than to hear from your own pen that you are reinstored to health and are Uving on the pure milk of the farm. We have no news except the certainty of Mr. Van Burens election — he carried Pensylvania and lost Georgia — the converse had been expected. Tennessee supported your old friend Judge White I* all unite in remembrance I am my dear Sir With great esteem and imder a thousand obligations very respectfully Yours Babnabd E Bee Maj Oen Sam Houston, Texas . aA.L.S. h Probably "Orooe's Retreat" on the Bn^os, near wbere the town of Hemptead now stands, e Hugh L. White of that State, one of the three Whig candidates lor president. Digitized by Google 428 amebic an historical assocution, MartInez to Austin." Consulado Mexicano, en Nueva-Orleans. El 27 del presente me entreg6 el Sr Tom&s Toby, Agente de Texas en esta plaza, la nota que con fecha 30 del mes proximo ante- rior se sirvi6 V. dirigirme, & fin de abrir por mi conducto una negociacion para el c&nge-de Prisioneros, bajo las bases que esta- blecen las cinco proposiciones que dicha nota expresa. Por el Bergantin Americano D. H. Miller, su capitan Driscoll, que el propio dia 27 di6 la vela de este puerto, con destino & Tam- pico, elev6 & conocimiento del Sr Presidente interino dela Repub- lica, la comunicacion de V.; & quien quedo en participar, oportu- namente, lo que en vista de ella, resuelva Su Ecselencia Entre tanto, correspondo gustoso & la cortesifi, de V., presentandole igualmente las seguridades de mi personal consideracion y respeto. Dios y Libertad, Nueva Orleans Diciembre 29 de 1836. Fran. Pizarro Martinez Al Sr S. F. Austin, Searetario de Estado, Texas. Yates to Austin.* Official to the Department of State No 1. His Excellency Gen. Stephen F. Austin Secretary of State Sir In compliance with your instructions of 12th Deer, last, I called on Messrs T Toby and brother and inquired what had been done relative to the proposition from the Govt, of Texas for the exchange of prisoners. Thos. Toby Esq. informed that the letter to the Mexican Consul and their instructions on the subject from your department had just been received. The letter was showed me by Mr T Toby and I showed him your letter of instructions to me, but he seemed of opinion the matter could be managed without any intervention of another person, and desired to have the interview with the Consul alone. He has had that interview, and received a written reply, the tenor of which is favorable, and the original he will no doubt send by the first opportunity I remain Sir very respectfully Your obedt servt. A. J. Yates New Orleans Jany. 4. 18S7. a A. L. S.; aooompanied by an English translation mado by Nathaniel Amory, May 2, 1839. »A.L.S. Digitized by Google correspondence with mexico. 429 Correspondent in Tampico to Toby.** Tampico 7th J any 18S7. T. Toby Esqr D Sir The draft shall send up to St Louis Potosi the first mail day. The news of St Anna's release is far from being pleasing intelligence to Mexico and there is not any convention with the Government of U S. that he may enter into on his part that will be fulfilled. Bustamente his mortal enemy has arrived from Europe and is in Mexico. Here we have about 1200 men in good condition, destined no where now, I should suppose. The Genl in command is St Anna greatest enemy and here he would be received at the cannons mouth. Bravo is still at Monte Rea. where he is now Ukely to remain. St Anna's release will probably put the whole country in a bloody revolution, and as things stand now there is nothing At present to fear to the parties that somewhat interest you I do not think it Ukely that I shall be here very long, so that there is no occasion to write. The Mexican Navy seems to be laying up in ordinary at Vera Cruz. Business pretty fair and 700,000 expected in five or six days, from 2 to 300,000 of which will come by the Schr Cora, and Danl H Miller from what I can learn I think in the end everything will turn out better than you expect, however, I will be better able to inform the prospect a little later. Correspondent in Tampico to [Toby].* Tampico Jany 2€ 18S7 Dear Sir. Things are about in the same state as they were when I last wrote you. The country is very quiet, and I hear no talk of any miUtary movement whatsoever Yesterday, the new constitution was pro- claimed in all the pubUc places — which was listened to scarcely by any one and by those few with complete apathy. We have here near 2000 men in good condition. They are fully paid up to the 1st Feby. but what they are here for no one knows. As to going against Texas — ^was such an order to be issued I beUeve they would resist to a mjan Tis a service very unpopular, and tis generally considered by the most enlightened Mexicans as a country lost to them for ever — therefore there is little to be feared for the future. The appearance of St Anna whenever he does come will be the signal of a terrible out- breaking, and they will require all the force they can command to fight against each other without sending troops out of the Country. a This letter is inserted here as representing information of a kind that the Texan government was gather- ing in various ways, especially through its agents, like Toby, and by which it was more or less guided in its action. It was, of course, transmitted by Toby, whose house— T. Toby;& Bro.— were Texan agents In New Orleaos. Digitized by Google 430 AMEBICAN HISTORICAL ASSOCIATION. St. Anna will have to contend with an ex President Bustamenti** and not an upstart General. The struggle will be a fierce one. The new Republic will be the gainer and from all I can learn there is not any wish to disturb her tranquility at present. Everything here is very quiet and calm. The conducta arrived with $800,000 — 350,000 of which is on board this vessell. The Zacatecas Conducta leaves the 10th next Month the Balance of this Conducta, a Half Million will be shipped on board the British Packet for European account. * Busi- ness in the interior pretty good, here rather dull. As this letter is merely for your own private information I beg the favour of your not publishing it in any of your public Journals. No news of the Draft, not received an answer to my letter this letter or any other requiring no reply As usual Agreement between British Holders of Mexican Bonds and Agents of the Mexican Gtovernment.* Canales to President Lamar.^ Retnosa Deer. 17(k. 18S8 3rd. Division of the Federal Army To the President of the Republic of Texas Sir On the 3rd. of last month these towns of the North declared for the Federal System. The movement has progressed very rapidly • and uninterruptedly, and I doubt not the Republic will follow it in a few days judging from what has already taken place. Our putting the Cavalry of the Garrison of Mier to flight, and obliging the remainder of said Garrison to leave the place, the same with Camargo, and Reynoso, The complete triumph obtained by the liberal party in Tampico, over the Govt, forces 30th Novr. last, The perfidious surrender of the fort of San Juan de Ul[l]oa, and Citadel of Vera Cms all! all! has revived the enthusiasm of the Mexicaos and in fine they have resolved (according to certain information I have received from the Interior) to be sacrifised rather than any longer to suffer under a Military despotism. The cause of Uberty must infalibly triumph and those towns and yours will again very shortly be united in bonds of former amity. Upon this flattering prospect, I can with confidence congratulate your Excellency, and would ask at your aBostamante. b Just how this sentence should be revised to make it clearly understandable is uncertafai. e September 15, 1837. See Treat to Lamar, February 1, 18i0. * See Raoords of Department of State (Texas), Book 40, p. 199-200. WheUier th^ original was In Spanlab or English does not appear. Digitized by Google OOBRESPONDENCE WITH MEXICO. 431 hands the following protection in your Republic, which interests (imperiously demand) that we have abandoned to take up arms.** As bad men availing themselves (of our praiseworthy dedications) may rob and cany off our property into your country to sell and persuaded that your Government has been guided by principles of justice from its foimdation, I take the hberty to request you to apprehend all persons from these parts who take mules and horses into your country for sale unless they have a passport signed by me or some one who I shall have previously declared authorized. Your seizing any property foimd in possession not mentioned in the pass- ports, and retaining it until the arrival of some person sent after advice from you to take charge in order that I may pay the costs demanded. For this just measure to preserve order, I shall be very grateful and happy to reciprocate in the same manner. With distinguished consideration, I have the honor to subscribe myself yours Lie Antonio Canalliso^ Commission of Babnabd E. Bee as Agent of Texas to Mexico.* [To negotiate for recognition of the Independence of Texas, and for a treaty of peace, amity, commerce, navigation, and limits between Mexico and Texas.] Commission of Bernard E. Bee as Minister Plenipotentiary OF Texas to Mexico.* [Bee is empowered to negotiate for the recognition of the Inde- pendence of Texas by Mexico, and for a treaty of peace, amity, com- merce, navigation and limits between the two countries.] Lamar to President of Mexico. [Bustamente].* [Letter of credence for Bernard E. Bee, as Minister Plenipoten- tiary and envoy extraordinary from Texfes to Mexico.] Lamar to President of Mexico. [Bustamente].* [Letter of credence for Barnard E. Bee, as agent of Texas to Mexico, for the purpose of restoring friendly relations between the two countries.] • a Perhaps the meaning is that this protection is of interest to the Mexican Repablic, which Canales and the Federalists are fighting to preserve, b Tbis Is doubtless a copyist's error, for Canales; Canaliso was a centralist leader, e February 20, 1839. Digitized by Google 432 american historical association. Webb to Bee. Department of State Houston 20th Fehy 18S9. Hon. Barnard E. Bee Sir The President, anxious to effect a settlement of the existing dif- ferences with Mexico, and to restore peace and harmony, has appointed you Minister Plenipotentiary of the Republic of Texas, near the (jov- emment of that Country. I have therefore the honor to hand you your Commission and Credentials as such, and to express to you his wish that you will proceed with as little delay as possible, by the most convenient rout to Vera Cruz, or such other point as you may deem best, for making known to that Government the object of your mission. As this is the first attempt on the part of Texas to establish dip- lomatic relations with Mexico, it will be necessary to approach the subject with great caution and circumspection. I would suggest the propriety of your stopping in the first instance at Vera Cruz, Tam- pico, or such other point as you may select, and forwarding thence to the Government, a concise statement of the objects of your Mis- sion, and respectfully ask to be received for the purpose of exhib- iting your Authority and making known more fully the wishes of the President. This however, is a mere suggestion, and not intended to control you in the course to be pursued, should circumstances in your judgment offer a better one. It is hardly to be expected that you will be formally received as Minister Plenipotentiary of this RepubUc, until a treaty of peace has been made, and the Independence of the Country acknowledged. Indeed, such a reception would be in itself an aclmowledgment of our legitimate existence as a nation and a virtual recognition of our Independence; and as that is more than we can look, or even hope for, untill attained by negotiation, you will, in the event of a refusal to receive you as Minister, make your propositions as the agent of this Government; and to enable you to do so, seperate credentials for this purpose are furnished you. Indeed, it may be better, not to make known your higher functions, untill you have sounded your way as agent, and ascertained whether or not, they will be disposed to treat with you in either capacity; but in this, as in all other matters preliminary to entering upon your negotians you will be guided by your own judgment and discretion. Your powers as agent are plenary, and under them you are fully authorized to negotiate for peace, an^ to form and sign a treaty securing it, but in making such treaty, you will require the uncon- dUional recognition of the Independence of Texas, and will admit Digitized by Google CORRESPONDENCE WITH MEXICO. 433 no limits less than those prescribed by the Act of Congress entitled **an act to define the boundaries of the Republic of Texas" approved 19th December 1836, a copy of which is hereby furnished you.* These two last points you will regard as a sine gua non to any permanent treaty with Mexico; but if you find that it will aid you in the ultimate accomplishment of your objects, to negotiate a treaty of peace and recognition in the first instance, leaving the question of boundary to be subsequently settled in a general treaty of Amity' limits, commerce, navigation and intercourse, you are at liberty to form such a treaty; but in doing so, you must be careful that nothing appears in it which could by any possibility be construed into an intention on the part of this Government, to yield any portion of the Territory claimed by the Act of Congress to which I have already refer'd you. In negotiating a treaty, having for its inmiediate objects nothing farther than the restoration of peace, and the recognition of our Independence, it will be better if it can be done consistent with the claims of this Government, to define the limits at once, as by doing so, you will avoid much embarrassment and discussion in your future negotiations of a general treaty; you will therefore urge the subject as far as you can, without involving the risk of breaking off your present negotiations, and interrupting your future intercourse with the Government. Should Mexico express a willingness to establish peace, and recog- nize the Independence of Texas to the extent of her original bound- aries when forming a part of the Mexican Confederacy, but peremp- torily refuse to admit our claims to the entire territory embraced within the limits defined by the act of Congress, you may propose a compromise by negotiating for the purchase of all that portion of it which is not within the original boundaries, at a stipulated price; but the sum to be thus stipulated for it, must not exceed five Millions of dollars, and that sum must be made payable in not less than five equal annual instalments; the first instalment to be made payable in one year after the exchange of the ratifications of the treaty. The five millions will be the ultimatum of your propositions for the purchase, and you will of course commence your negotiations with propositions of a much less sum, and payable at longer periods, but should you succeed in effecting the purchase for a sum not exceed- ing two Millions of dollars, you may, if you find it necessary, stipulate that the whole of that sum shall be paid in one year after the exchange of ratifications. It is understood that Genl. Santa Anna is again at the head of the Mexican Nation, and if so this must be a propitious moment for the a See Qammel, Lawi of Tewas, 1, 119a-1194. 89728**— VOL 2, pt 1—11 ^28 Digitized by Google 434 AMERICAN HISTORICAL ASSOCIATION. commencement of your negotiations. By a secret agreement made between him and the Cabinet of this Republic, at Velasco, on the 14th May 1836, he promised that he would not take up arms himself, nor cause them to be taken up against the people of Texas during the War of Independence; that he would prepare the Cabinet of Mexico for the favorable reception of a Minister, through whose negotiations all differences might be settled, and the Independence of the Country acknowledged; and that a treaty of Commerce, Amity and limits should be established between the two Countries, the limits of Texas not to extend beyond the Rio Bravo dd Norte. This agreement stipulates for all that we ask, and as Genl. Santa Anna has once pledged himself to use his influence to carry it into effect, it is beUeved that it may be rendered very available by you, in the event of your finding him at the head of the Mexican Govern- ment, you are therefore furnished with a Copy of it." It is true, that the stipulation in this agreement, to send General Santa Anna at once to Vera Cruz, was not Utterally fulfiled on the part of the Texan Government at that time; and this may be urged as a reason for absolving him from the moral obligations which it impUes; but the causes of the non fulfilment of that stipulation are well known to you, and to him, and as they involve no want of faith on the part of this Government, but were forced upon it by uncontrolable circumstances, the moral force of the agreement is left wholly unim- paired; and more especially, as it was compUed with and enforced, as soon as it could be done consistently with the personal safety of Genl. Santa Anna. He was subsequently set at Hberty, and sent out of the country, in virtue of this very agreement, and in the only way which was deemed safe to himself, and conducive to the accomplishment of the objects contemplated by it. It is not contended by this Government that the agreement made with Genl. Santa Anna, while in this Country and a prisoner of war, is legally binding on the Mexican Government; but it is a well estab- Hshed principle of the law of Nations, that the person who makes promises under circumstances similar to those in which the President of the Mexican Republic was placed while here, is afterwards bound to use his Influence in causing those promises to be respected by his Gov- ernment, and that the Government itself is bound to make many sacri- fices rather than permit them to be violated. This principle of the law of Nations may be useful to you, in your negotiations, and I there- fore refer you in support of it, to Vattel and other writers on inter- national law. Besides, in asking for the fulfilment of the stipulations of this agree- ment, we do not believe that we are requiring any sacrifices on the • a^NiUf' Eeffitter, LXIX, 98. Digitized by Google CORRESPONDENCE WITH MEXICO. 435 part of the Mexican Government which will not be more than made up to that country by the advantages which will result from the estab- lishment of peace and a friendly intercourse between the two nations. Apart from all the obUgations which it imposes there are weighty rea- sons for the acknowledgment of the Independence of Texas by Mexico, and for the forming a general treaty of amity, commerce, navigation and intercourse between the two countries, and these reasons may be ui^ed with pecuUar force in your negotiations. Among them are 1st. The entire dissimilarity in education, habits, manners, disposition, and pursuits of the Inhabitants of the two countries, and the utter impossibiUty of their ever assimilating and moving harmoniously together, if they were again united. 2dly. The total incompatibiUty of ideas entertained by the people of the two Republics as to the pecuUar forms of Government best adapted to the wants and rights of Men. 3dly. The conflicts which must inevitably grow out of this incom- patibilty of sentiment, and the injuries which would result from them if the Anglo Saxon race now inhabiting Texas should be again com- mingled under, the same form of Government with the Spanish race of Mexico. 4thly. The inconvenience and worthlessness of Texas to Mexico on account of its remoteness from her Seat of Government, and the main body of the population; and also, on account of its contiguity to the United States of the North, where in any state of things, most of its intercourse must necessarily tend. 5thly. The difficulties which Mexico would always experience in keeping the Indians bordering on Texas in check at so great a distance from them. 6thly . The advantages which would necessarily result to both Coun- tries from a friendly intercourse and traffick, conducted in the spirit of a reciprocal kindness and harmony, and 7thly. The disposition which Texas has manifested since the battle of San Jacinto to rely upon friendly negotiations for the settlement of her diflFerences with Mexico, rather than a farther resort to war, and the confidence which she has reposed in the promises of Genl. Santa Anna, made shortly after that battle. Had Texas been disposed to farther hostilities with Mexico, she has had a most inviting opportunity for invading that Country during the domestic conflicts by which it has been harassed on the one side, and the embarrassments produced by the French invasion ** on the other. This forbearance affords the strongest evidence of her desire for amity — a desire which nothing will destroy but an evident attempt to do her injustice and wrong. a See Bancroft, History of Mexico, V, 186-206. Digitized by Google 436 AMERICAN HISTORICAL ASSOCIATION. These and other arguments which will suggest themselves to you, may possibly be used with much effect in your conferences with the persons who may be selected to negotiate with you. The President, aware of the great importance it is to the prosperity of this Country, that its differences with Mexico should be adjusted and a permanent peace established as early as possible, and not willing that any opportunity for the accomplishment of so desirable an object should be lost, has also furnished our Minister near the Government of the United States with plenary powers to treat for peace and Inde- pendence with the Mexican Minister at Washington, or with such other person as may be appointed to negotiate with him, should that Gov- ernment be induced, through the mediation of the United States, to open a negotiation at that City.* But the authority and instructions given to Genl. Dunlap on this subject, are not intended in the slightest degree to impair the powers given to you, or to lessen the efforts which you are expected to make in Mexico; on the Contrary, it is beUeved that the double Mission will have a tendency to accelerate the attainment of this most desired object, and that he, by invoking the mediatorial aid and influence of the United States, may mate- rially benefit you in your negotiations. He is therefore instructed to keep you advised of all important matters which may transpire at Washington, in reference to this subject, after he shall have been informed of your oflBcial reception at Mexico. You will also freely communicate with him respecting the affairs of your Mission, so that either may at all times be apprized of the course pursued by the other, and to prevent the subjects of your respective communications becoming known in the event of the mis- carriage of your despatches, you are each furnished with a corre- sponding cypher, in which all letters of business will be written. You will also cause your despatches to this Government to be made out on the same cypher. Knowing as little as we do of the real disposition of the Mexican Grovemment in regard to this, or of its feelings in respect to the people of this Country, no positive instructions can be given you as to the performance of the various duties which may devolve upon you. The foregoing views are offered more as suggestions to you, than as positive mandates. The cardinal points of your Mission are, the restoration of peace, the acknowledgment of the Independence of Texas, and the recognition of her limits as defined by the Act of Congress before refered to, all beyond this is left to your own judg- ment. You are well acquainted with the condition of this Country, its prospects, wishes, and expectations, and also of its ability to sus- tain itself in the event of a future conflict; and the President relying a Cf. Webb to Dunlap, Maich 16, 1839, Part I, pp. 367-^8. Digitized by Google COBRESPONDENCE WITH MEXICO. 487 much on your ability to conduct matters of so much delicacy and importance, refers its details to the exercise of your sound discretion, being well assured, that the honor, reputation and interests of the nation will be safe in your hands. Wishing you all prosperity, individually and officially, and that entire success may crown your mission I have the honor to be with great respect Your obt. servt. James Webb" Bee to Webb.^ Confidential My deab Sm, A proposition for Peace is infinitely more likely to succeed emanat- ing under the auspices of the U States than by direct appeal to the Mexican Grovt. DeloA/ upon so important a point may weU be endured — ^if the road is made plain which will lead to success. My advice would be therefore that until Mexico was heard from Gen'l Dunlaps Mission should be suspended — but I only throw this out to you. I have been so chagrined that except for the success of Gen'l Lamar — (of whom I have always thought very highly) I should feel Uttle interest. I am very sincerely yours Barnard E Beb Webb to Bee. Department op State Houston March 7th. 18S9. Hon. B. E. Bee Agent and Minister Plenipotentiary to the Government of Mexico, Sm, I herewith enclose the following documents relative to your Mission to Mexico, Letter of Credence as agent to the Government of Mexico dated the 20th Feby Ult. Commission as agent to the Govt of Mexico of 20th Feby 1839. Commission as Minister to the Govt of Mexico of Feby 20th 39 Instructions as Agent and Minister to Mexico of Feby 20th 39 Copy of a translation of a Letter of Antonio Lopez de Santa Anna to President Andrew Jackson dated a James Webb, a Virginian, moved to Texas 1838; served as Secretary of State and as Attomey-Oenersl tmder Lamar; in March 1841 was sent by Lamar as Agent and Envoy Extraordinary and Minister Pleni- potentiary to Mexico; member of Congress, 1841-1842; and died November 6, 1842. bA.L.B. Digitized by Google 438 AMEBICAN HISTORICAL ASSOCIATION. Columbia July 4th 36.** Copy of a secret treaty between the Govt of Texas and Santa Anna Velasco May 14th/36 in English and Span- ish.* Copy of a Public agreement between David G Burnett, Presi- dent of the Republic of Texas and Santa Anna, in Spanish and EngUsh dated May 14th 36.*' Translation of General Santa Anna's Official letter to President Burnet of Oct 12th 36. and his Memorial to Congress, and accompany- ing documents, Copy of an act approved Deer. 19th 36 to define the boundaries of the Republic of Texas, and also a Cypher.** These it is believed are all the documents which will be required on your Mission at present. Should others be deemed necessary hereafter, they will be carefully forwarded to you With Great Respect Your obt Sevt James Webb. Bee to Webb.* Apl 1st 1839 My Deab Sib, I am just leavg for Pensacola in hopes of procuring a conveyance to Vera Cruz — ^under Gen. Shubricks orders. I will write you from there. I am anxious that you should procure for Mr Saligny the Dublin Pamphlet loaned you by Mr Tod. in great haste truly Yours B E Bee. P. S. — If Mr. Potter/ does not come, I shall send for Mr Armory.^ Bee to Webb.* Mobile 6th April 18S9. My dear Sib, Think of me missing Commodore Shubrick by about 15 Jiours, he had just left for Tampico and Vera Cruz, the Warren however is daily expected and I have arranged with Capt Dallas to go out in her, as she has orders immediately to follow. The Woodbury too is daily looked for from Vera Cruz, and will return promptly, as she is the mail Boat a See Correspondeiice with the United States in Part I, pp. 106, 107; NiUs' RegiaUr, LI, 336. 5 See NIka* Regi$Ur, LXIX, 98. c See NiUs* Register, L, 336. d See Qammel, Laws of TexaSf 1, 1103-1 104. < A. L. S. / Reuben M. Potter, Collector of Customs at Velasoo. Cf. statement In Bee to Webb, April 6, 1839. g Nathaniel Amory, chief clerk in Department of State 1838-1839; Secretary of Texan Legation at Wash- ington 1830-1842; acting charg6 d'affaires at Washington January-March 1842; and Texan Consul at Boston August, 1842. h See Records of Department of State ( Texas), Book 41, p. 191-192. Digitized by Google CORRESPONDENCE WITH MEXICO. 439 between New Orleans and Mexico, so that I have two strings to my bow. Mr Hammeken is in New Orleans, and anxious to accompany me, but stUl fears he may not be able. You had better therefore let Mr Amory come to New Orleans immediately. Mr Potter who is in the Custom House at Velasco would answer very well, but thinks he canot be spared. There is a general belief that our proposition for peace will be listened to, and all unite in according praise to the Administration for the move. I enclose you a letter from General Hamilton** which Col White wiU forward, he will undoubtedly get you an advance on the five MilUon on his reaching New York. The one Million loan I always opposed and sincerely wish it had never been contemplated. Remember me to General Lamar, and believe me, Sincerely Yours, Barnard E. Bee. Honl James Webb. Bee to Webb.* Sunday Ev'g, [April 7, 1839] My dear Sir, Genl Hamilton is now writing to our friend the President and will explain every thing in connection with our fiscal affairs. What would have become of us, if he had not come on ? I have all along endeav- ored to impress upon the Cabinet that Hamilton was the only man combining the inclination with the power of aiding Texas. I have had repeated conversations with Mr Saligny and other well informed per- sons here, and all agree if Gen4 Lamar wiU empower Hamilton to have an -interview conjointly with Genl Henderson at the Courts of Eng- land and France, that infinite good to Texas will result. The truth is — that he is now known abroad and favorably, and his merely coming forward in behalf of Texas wUl produce an effect of the most favorable aspect. Genl Hamilton knows nothing of my having written to you on this subject. I do so however from the conviction that good will result from the suggestion of others of its propriety and from the fact that Hamilton himself urged the propriety of it in a long private com- munication last year to Genl Houston. He told him then from the great influence he expected to have by his connexions in Europe he was satisfied he could aid Henderson essentially and that it would a James Hamilton, a native of South Carolina; Texan a^ent to Great Britain and France to act with Hendersoif in securing recognition of Texan Independence, May, 1839; special and confidential agent of Texas to Great Britain, December 1, 1839; commissioner to negotiate with Mexico, December, 1839; Joint agent with Burnley to negotiate a loan in France, April, 1840; agent to Belgium, April, 1840; confidential agent to Holland, September, 1840; minister plenipotentiary and envoyextraordinary to Great Britain, 1841; recalled 1842. b A. L. S. Digitized by Google 440 AMERICAN HISTORICAL ASSOCIATION. insure the Loan. Think of it and consult Gen'l Lamar. He could be considered as the Secret Agent of the Grovemm't. All unite here in the belief that our (3ovt are right in offering the olive branch, and now that terms are arranged with France Gen'l Hamilton agrees fully into the policy of the measure. If I am only received tell the President I will make him a Peace. I fear Mr Hammeken will not be able to arrange his private busi- ness in order to accompany me. I wrote to Mr Potter — from Gal- veston — immediately to come on to me. He is intelligent, virtuous, and an accomplished Spanish Scholar. If he does not arrive, tell Qen'l Lamar I shall be obliged to take with me a (Gentleman rec- omm'd here by the (Jovemor and Mayor as every way qualified, and if they receive me as Minister a Secy of Legation from Texas can be sent. My first proceedings will only be as agent You know the Padre Mul- doon is stUl Solicitous and says all that he can do shall be done, but I must have my ovm interpreter, I give you fair notice I mean to spend money liberally, but jvdi- dously. Col. White and Mr Saligny assure me I cannot move a peg without. With great Sincerity Yours Barnard E Bee Bee to Webb.*» (The foUowfng letter is without date.») New Orleans, Monday Morg My Deab Sir, As yet no tidings of the Warren or Woodbury. Captain Dallas will instantly communicate the arrival of the former and Mr. Breed- love the collector of this Port has assured me the latter shall be at my service the moment she arrives. Say to the President, he must not regret the delay, — it has enabled me to mingle with those having intimate relations with Mexico, and who are all writing to their friends in my behalf; but above all it has secured me the influence of the lAmrdVsy who are not only powerful in Mexico, but are the Agents of the Bcmd Jiddera in England. Mr Gordon of the House assures me he had repeated interviews last summer with Lord Palmerston upon the relations of Mexico and Texas, and that he is satisfied the letters he will now give me to Mr Packenham the British Minister to Mexico will insure my reception. He will call upon him in the strongest terms to urge Mexico to listen to Texas, as the best possible mode of the British subjects being secured in their interests. This you know is always a powerful inducement, and the heavy o See Records of Department of State (Texas), Book 41, p. 192. ft It must have beea written April 8, 1839, or possibly a week later. Digitized by Google COPIBESPONDENCE WITH MEXICO. 441 obligations under which Mexico is to England will compel her not slightly to treat Mr Fackenham. The Lizardi's, (Mr Forstall and Mr Gordon known to Mr La Branch, who see) think too [that the proposal to negotiate is] the more highly creditable to Genl. Lamar, and will tend to place him on high ground in Europe, and insure General Hamilton's success. They say they could hardly have expected so much /or6 cast in so young a Gentleman. My delay too will probably furnish me with letters from Mr Poinsett and the British Minister at Washington. The Padre " is here willing to aid in every way. Col. White thinks he will be of much benefit; I doubt his Oovemmental influence, but as a Catholic Priest I have no doubt he will be of service. I bear all his expenses, I suspect he has not a full purse. Mr. Forstall assures me secret money is indispensable. I have just received a letter from General Hamilton on his journey (written with a view of its being seen by Santa Anna or who ever may be in power) that any promises I may make, he will see fulfilled in Philadelphia. Write to me to the care of the Lizardi's, and should I have left, they will forward it to Mexico. A vessel sails in a day or two belong- ing to them, but they advise my going in a National Vessel, — and putting myself under Commodore Shubrick, (my relation) or Admiral Dueplas, and waiting till I hear from Mr Packenham, whether I will be received. Say to the President have no fears for me, all that man can do shall be done. I regret Mr Hammekin cannot accompany me. If Mr Amory cannot come, I shall take some competent person I dont care of what Nation I am my Dear Sir with great regard Respectfully Yours * (Signed) Babnard E. Bee Honl James Webb Sedy of State Bee to Webb.* New Orleans April 18th 18S9 My Deab Sib, A French Merchant ship will be sailing in a few days. I am tempted of course to go in her, — but all unite in my waiting for the Warren or Woodbury. a Padre Muldoon, who had done priestly service for the Texan Colonists before the Revolution and was very friendly towards them. bSee Records of Department of State (Texas), Book 41 , p. 196. Digitized by Google 442 AMERICAN HISTORICAL ASSOCIATION. It seems indispensible that I should make presents m Mexico. Secret money is mdispensible, I arranged with Genl. Hamilton, — but I must have your authority to draw through the Lizardi's. Yours with great Regard, etc. Sir, I open my letter to say Mr. Forstall has just read me a com- munication which goes by this days Express Mail to Washington, to the Mexican Minister there; infinite good wiU result from it. I have also written by the same mail to Mr Poinsett to pretend to know nothing of it; but acddenUy to give his opinion, both to Mr Martinez and Mr Fox. I have seen General WoU, he thinks it doubtful whether I will be received. I mean to be received and to be successful. Yours etc Barnard E. Bee. Honl James Webb Secretary of State. Bee to Webb.* New Orleans AprU SOth 18S9 Honl James Webb. Sir, I received Mr Seabring very courteously as coming from the President. A Secretary however, ought always to have the con- fidence of the Gentleman with whom he is associated and therefore I wished Mr Amory; since Mr Seabrings arrival, facts have come to my knowledge relative to his affairs in Mexico which compelled me instantly to inform him that it was impossible he should accompany me. The mission is a delicate one, and nothing calculated to mar it in the remotest degree ought to exist. I shall obtain an inter- preter through the English or American Legation, which will answer my purpose fully, — and then if Mr Amory can be spared he can follow me. You had better wait a letter from me on my arrival. I have had a letter from Commodore Dallas announcing the arrival of the Warren. I will get particulars tomorrow. I am all ready, tho should have been glad to have taken the Washington letters with me. Mr Forstall will send them to me however. I take with me a letter from his house (Lizardi) to Mr Packenham which wiU have its weight, warm letters from the Merchants engaged in the Mexican business, and a capital letter from General Gaines to Santa Anna himself. By the bye, the news papers give an account of his instalment as President. Strange Govt ! Bust amenta will put down a See Records of Department of State (Texas), Book 41, pp. 106-199. Digitized by Google OORRESPONDEKCE WITH MEXICO. 443 the Federalists He takes it seems the olive branch with him: Com- promise is the order of the day, so that I still am sanguine. I have positive information that the Texas question has been favordbh/ mooted in the higher circles of Mexico. A French Gentleman assured me he had received a letter to that effect. Keep this as a cabinet secret. Your communications had better pass through the Lizardi's as they have constant intercourse Respectfully Your Obedient Servant Babnabd E Beb Bee to Webb.** 1st. May. I leave to morrow in the Woodbury for Vera Cruz, where I wiU get on board Comde. Sl^ubricks vessel, and remain until I hear from the Mexican GoVt. I send you my son — he is very fond of you — and you must keep him, in your eye. Advise him as you would your own. I have not yet seen Mr. Slocum. I presume he may have a letter. Genl Lamars family are all in this House. They will follow in the Colimibia. with great esteem Yours B E Bee The Padre accompanies me. He appears very solicitous. Hammaken to Lamab.* [Giving unfavorable evidence as to Sebring's record, and stating that Hammaken himself was to follow Bee.^] Bee to Webb.<* United States Schooneb Woodbubt Vera Cruz, May 9th 18S9. My Deab Sib, I arrived yesterday after a propitious voyage, and immediately commenced operations, but I enclose my sons letter and beg you will read it, as my communication to you. It gives you the mate- rial points. If I am not received this afternoon I have informed Genl. Victoria I shall avail myself of the hospitality of the French aA. L.S. 5A.L.S., May 1,1830. e As secretary. dSee Records of Department of State (Texas), Book 41, p. IW. Digitized by Google 444 AMERICAN HISTORICAL ASSOCIATION. Commodore (Admiral Baudin having sailed). Since writing to my son it has been intimated through the Bishop (Padre Muldoon" who I assure you has evinced the utmost anxiety) and the American Consul, that upon my stating that this vessel was about to sail, and that I should have no domicil, that General Victoria would inform me I could take rooms in the city. I accordingly infonned him I had only to claim the hospitality of the French, or be indebted to him, until the Secretary of State of Mexico could be heard from, observing at the same time, I left it entirely optional \\dth him which course was to be pursued, but that if allowed to have rooms in Vera Ouz, I should feel bound to comply with such regulations as he might deem prudent. I wait his reply. General Lamar will deeply lament the fate of Genl. Mexia! * it is only however the course he meant to pursue if Santa Anna had ever fallen into his hands. Be kind enough to forward my sons Letter. I am with infinite regard Yours Sincerely Barnard E Bee Honl James Webb Secty of Stale On board the French Fleet May 10th '39 Sir, Genl Victoria seems so undetermined what course to take that I have availed myself of the hospitality of the Commodore of the French; I am delightfully situated and will probably remain ten days. I wrote yesterday by mail to Secty State of Mexico, and the Bishop left this morning in the. Stage. Sincerely Yours Barnard E. Beb Bee to Webb.* French Frigate la Gloire Vera Cruz MayJSth 18S9 My Dear Sir, My packet of letters were sealed, the Woodbury's sails up, and I on board the French Commodore's barge; when a Mexican boat hailed, saying they had a letter for Don Barnard. It proved to be a formal authority from Genl. Victoria permitting me to land. I immediately jumpped on board the Woodbury and replied courteously for the privilege, but stated I was under an«engagement to dine on board the fleet, but would pay my respects the next day. I had no a It is not meant here that Padre Muldoon was the blahop. 5 See Quarterly of the Texat StaU Hiitorieal A sweUUion, VI, 186. «See Records of Dq;>artmfint of State (Texas), Book 41, p. 200-2011. Digitized by Google COBRESPONDENCE WITH MEXICO. 445 time to write to you, but was assured by Capt Nicholas the Orieans papers should spread it far and wide. It was the more gratifying as the "El Censor'' the day before after abusing the Texians said "if the Fellow attempts to land a prison awaits him" Sunday I waited on the Grovemor of Vera Cruz and was received with great frankness. The moment he heard of my arrival he assured me he had communicated with Mexico by express, thought he should very soon know the result, and Tioped aU vxruM he weU! Thus my Dear Sir, I have got foothold. But this is not all — I found a Secret Agent^ of the Government here, waiting an opportimity for New Orleans, for the jHirpose of conferring there with me upon the nature of my instructions in order if they proved satisfactory, the cue might be given to the Mexican Congress before my arrival. I informed the Agent that having already communicated with the Secretary of State, and my arrival universally known, I should reserve myself for his ear. Indeed I am very glad he did not meet me in New Orleans, I greatly prefer treating openly with these people. But the fact is important, it proves they are disposed to listen. They tell me here, with money I can do every thing, — without it nothing. You must imder your own hand give me power to draw on Genl. H. With this authority lean manage through the Merchants of N. Orleans. There is a Vessel ready to sail. I shall keep this open to the last, in order that I may mform you, should Genl. Victoria hear from the Government I am my dear sir, with great regard Yours etc Barnabd E. Bsb Judge Webb Hammeken to Hamilton.* Hammeken to Webb.*^ (Copy) New Orleans May 19th 18S9. Genl. James Hamilton Charleston S. O. Dear Sir, I left here on the 1st inst went to Texas and returned immediately. On my return I found a letter from Col. Bee dated on board the a This was probably Joan Vitalba, an Italian, the secret agent of Santa Anna for effecting a settlement of the difficulties between Mexico and Texas, who co-operated with Treat In his negotiations in Mexico after foiling to open oommonicatlons with Bee, and who returned to Texas with Treat. See Hamilton to Lamar, June 22, 1839, Bee to Webb, July 5, 1839, Treat to Burnet, October 23, 1839, and Vitalba to Lamar, Decembers, 1840. » May 19, 1839. See Hammeken to Webb, May 20, 1839. « See Records of Department of State (Texas), Book 41, p. 206-207. It should be noted that the latter coming first under this title Is an inclosure in that to which the title applies. Digitized by Google 446 AMERICAN HISTORICAL ASSOCIATION. Woodbury 3d inst. of which the following is an extract. "We will be at sea in an hour. On your arrival see Mr Conray of the firm of Qasquet. ♦ ♦ ♦« A fine vessel leaves here to day for Vera Cruz, and I am mortified both on my own and on Col Bee's accoimt not to be able to join him. I have been ready several days, anxiously expecting that Gasquet & Co. would hear from you. Mr. Forstall told me that he had, since the departure of Col Bee received news from the highest authority — that he would he recevvedj and that he (Mr Forstall) felt confident of the success of the Mission. * * * « Requesting the favor of an immediate reply, I remain Respectfully your most Obt Servant Geo. L. Hammeken New Orleans, May 20ih, 1839. Honl. James Webb Secretary of State. Dear Sir, The foregoing is a copy of a letter addressed to Oeneral Hamilton. I hope that before I can receive a reply to it, the funds mentioned by Col. Bee will have arrived. I will avail myself then of the first oppor- tunity to reach the City of Mexico — as there will probably not be a vessel for Vera Cruz very soon, I will go either to Tampico or Matamo- ras, if I should think I can gain time by doing so. Mr. Forstall is the active partner of the House of Lizardi & Co highly influential in Mexico, and his co-operation will have a great tendency to bring about an arrangement between the two coimtries. He told me that he had paved the way for Col Bee, and that no doubt an arrangement could be effected on the basis of the acknowledge- ment of our independence. He has allowed me to inform his Excel- lency Genl. Lamar, that he had just received news from the highest authorities to that effect. I forwarded by the vessel which sailed yesterday a letter received some few days ago from yourself to Col Bee. Should you have any further commands, I am afraid that the return of the Columbia will still find me here, waiting an answer from Genl. Hamilton. I am sorry to see Jime so near, as the rainy season commences in that month, making travelling in Mexico excessively tedious and dis- agreeable. I want to be off. * * * <» With sentiments of high regard, I subscribe myself Your Most obdt. Servt George L. Hammeken. a The matter bare omlUad relates to Bee's flnaaoial affairs. Digitized by Google cokrespondence with mexico. 447 Bee to Webb.** Vera Cruz, May S4ih 1839 Honl James Webb Secretary of State My Dear Sir, Repeated communications have passed between General Victoria and the Government since my arrival. My letter requesting to be allowed to present myself at Mexico clothed with important communi- cations from Texas, was immediately laid before the Coimcil, and unanimously rejected, '*if independence was my object". Private letters were received stating I would be ordered to the Castle etc etc. In the mean time General Victoria continued to treat me with marked attention, and I have just left him after an hours conversation. He says the acknowledgment of our Independence is out of the question; that Zacatecas, Sonora etc would soon be asking the same thing. I replied we were a different people, speaking a different language etc, while these states with a good Oovemment would seek no change. He then urged, that Texas should at once propose to be reunited with Mexico, that she should be received with open arms, the past for- gotten. I replied, that his proposition was a flattering one but that Mexico was now a Central Government, when Texas was attached to a Federal. He said she was a Representative Republic that Texas as a Department would have a right to be represented etc etc. I told him, Texas was valueless without Slaves, and that imder his constitu- tion. Slavery could not exist. He replied, that can be got over. Congress would assent to Texas holding them etc. In fine nothing could exceed his desire that we should come into thQ fold. He then went on, The French question is settled, the Federalists are put down, reform about to take place, and that with the great resources at com- mand, Mexico would be compelled to wage an efficient War upon Texas, That companies from Europe with arms in their hands were ready to locate, only waiting the word, that utter annihilation awaited us, unless we came in. I replied, we were aware of their power, eight Millions of people, that for defence, I had no doubt of their prowess. But to his people in the aggregate, Texas offered not an inducement, that a laurel could never be gained there, that the province was remote — to get his soldiers there he would have to take them in chains, — that the war would cost them more than Texas was worth, and that after all we would retain it, — for the moment our standard floated in the breeze, the young of all nations would flock to it, and a See Records of Department of State (Texas), Book 41, pp. 207-209. This letter seems to have been sent along wlU) Bee to Webb, dated simply June, 1839, the only oommtmloatton from Bee written that month, Digitized by Google 448 AMERICAN HISTORICAL ASSOCIATIOK. that with an exhausted Treasury and a heavy debt, I thought they had better listen to my proposals. We of course did not convince each other and I only give you the conversation to show how strenu- ously devoted to the reunion the old gentleman is. He even asked if I did not think I could persuade my Government to alter her views. "Remember'', said he, "what an old man tells you. Mexico is the finest country in the world; avail yourself of its advantages, at a future day your son may be at her head." But as to Santa Anna, We must give him time, — at this moment he does not dare take a move openly in favor of Texas. He is playing a great game. The press is put down. The Militia of the country disarmed. Soldiers are pressed into the Service. Mexia's followers made to fall in the ranks. Captains reduced to privates. Bonapart's conscription adopted. Despotism covers the land, and imtil he is firmly seated as Emperor, nothing will be done. In the mean time he will Jiedor about Texas, (and in secret will negotiate with her), keep Bustamenta at the head of the Army etc — thus the mission has failed. Texas must prepare for war, but with little probability of ever being invaded. I would not call a single farmer from his plough; let the soil be cultivated; you want population. Volunteers from all nations will flock to you. Ten thousand Germans, ten thousand French, — give moderate bounties in land, have a good Commissariaty and you need not give a dollar pay during the time they are in service, and with a moderate navy you have nothing to fear. All this will be the duty of the Government, — but I tell you the question is settled; Texas will be heard. I ought not to have come here; Washington was the place to open the subject. While I write, the secret Agent is in my view. I have had nothing to do with him except to gather all I could. The British Minister at Mexico will say to Santa Anna, you are going against the Wind Mills in Texas, pray pay us before you start etc etc I leave by the first opportunity, my services you know are at the disposal of the President, from a volunteer in the army to a fireside counsellor. I will proceed on my reaching Orleans to Pendleton S. C. and will expect to hear from you there, as there will be ample time to return to Texas. I have communicated with Mr Packenham and expect to hear from him. I have yet to tell you of the fate of the Padre Muldoon. As soon as he reached Mexico, I am told he was incarcerated, for coming with a Texian. He is said to have been imprudent on his journey, praising the Texians, and saying their Minister must be received, but I rather apprehend his difficulty has arisen from having left the palace against the consent of Bustamenta. He obtained, it seems a passport from Santa Anna. Digitized by Google OORBESFONDENOB WITH MEXIOO. 449 28th llAT 1839 I wrote you a hasty letter by a vessel which had just detennmed to sail for New Orleans; this will have informed you that I am again on board the French Frigate Comt. Lain6. I leave for Havana in the Steamer Phaeton, and hope soon to be in Orleans, as I shall take the first vessel. I remain with esteem, Yours Babnabd E. Bee. Bee to Webb.<» Saobificios. French Steameb Phaeton 28 May 1839. Mt Deab Sm, I have just received your letter of the 6th May. I havnt time to write a line, though I have very much to say. We made a merry move in coming so suddenly upon these people, the first plan was the true one It ought to have opened at Washington. I have been most courteously received by General Victoria, but the Government cannot recognize me, so that Mexico has denied me. I have received a polite note from the Secretary of State headed particular and confi' dential, I have also recvd. one from Mr Packenham saying nothing can be done at this rruyment I have proposed to open my views at Washington. They will either send Almonte to me there, or refer me to Mr Martinez. As yet the letters from the British Minister and the Mexican Min- ister (Martinez) at Washington, have not reached Mexico; they arrived to day. The House of lizardi write me they are most satis- factory. If I had where to lay my head, I would not leave yet, but the Steamer goes in the morning, the fleet follow on Saturday, and there is neither an American or English vessel of war here. But in truth, we must give Santa Anna a litUe Hme, — ^not alone Santa Anna but the whole Govmt. General Victoria told me he would receive us with open arms, if we would only come into the fold again, — be reunited with Mexico!! I will furnish you with copies of all I have written, but cannot pos- sibly now; I had no knowledge of a vessel for New Orleans. The Captain told me he was bound for New York, but would take me to the BaUze for 500$. If on my arrival at the Havana, I find a vessel ready for Orleans, I will pay you a visit in Texas, if not I will go to Charleston as I have named the 1st July for opening the subject at Washington. Tell Genl. Lamar I will carry it through, but if not we a See Beoords of Deptftment of State (Tescas), Book 41, p. 215. 39728*— VOL 2, pt 1—11 29 Digitized by Google 450 AMERICAN HISTORICAL ASSOCIATION. can whip thejn! Vera Cruz is full of their Soldiers.*' The Planters of Georgia might as well expect to conquer that state with their Slaves as Mexico to reconquer Texas. With great consideration Your Obedt Servt Barnard E. Bee Honl James Webb Secty of State Poinsett to Hamilton.** Pakenham to Bee^ Habolton to Lamar.*= Philadelphia 22nd, June 18S9 My Dear Sir,^— I deem it proper to apprize you, of my movements here to second Col. Bee's movements in Mexico, which I consider for obvious reasons suspended not broken off. The truth is that the negotiation could not have been conducted in Mexico, but must from the troubled State of Mexico be transferred to the United States. With several prov- inces in a state of revolt, Santa Anna could not set the example in his own capital of a recognition of the Independence of one which they are pleased to consider in a State of Rebellion. On my arrival at the North I repaired to Washington and immediately commenced a series of operations to get the Government of the United States warmly enlisted in co-operating in effecting peace between Mexico and Texas. The President gave Mr Ellis special instructions and carried his courtesy so far, as to order the Frigate Constitution detained five days, to take out Mr Pakenham's dispatches from Mr Fox. These dispatches earnestly recommending to Mr. Pakenham the poUcy of his using his best efforts with Santa Anna, to consent to a recognition of Texas and Treaty of peace, were in consequence of my addressing to Mr. Fox, a letter of which the enclosed is a copy.** I also have sent you a copy of Mr. Fox's reply.* Mr. Poinsett, who is the decided and warm friend of Texas, has been industriously occu- pied in getting Martinez the Mexican Minister at Washington earnestly a May 31, 1839. See Hamilton to Lamar, Jmie 22, 1830. h June 2, 1839. (extract). See Bee to Webb, July 24, 1889. e See Records of Department of State (Texas), Book 41, pp. 40(MOl. * See Hamilton to Fox, May 20, 1839 in oorreBpoodenoe with Great Britain. « See Fox to Hamilton May 22, 1839 in correspondence with Oreat Britain. Digitized by Google CORRESPONDENCE WITH MEXICO. 451 engaged in urging peace in his distracted and infatuated country. I send you a copy of Mr. Poinsetts letter to me disclosing what Martinez has done. There is a Gentleman in New York, a cordial friend of Texas, named Treat,* who has been many years in Mexico is inti- mately acquainted with Santa Anna and corresponds with a close friend of the Mexican President, from whom he has received several letters lately, translations of which, I have seen, in which this person represents that he is amply empowered by Santa Anna, to conclude the secret articles of a pacification. This person has communicated with Col Bee, in Novr.^ in New Orleans, and I hope to induce Mr. Treat, to go down to New Orleans, early next week, to see what can be done. He may essentially aid Col Bee and the negotiation may be transferred to Washington under the mediation of the United States. You see now how affairs stand. I beUeve very Uttle money comparatively [will' be needed] for the attainment of such an object. Your administration may be illustrated by the recognition of France, England and Mexico, and a negotiation of the five MilUon Loan, and all this before the meeting of your congress, and next winter through the instrumentaUty of the Bank of the United States, you may have a better currency than United States now possesses. I have dis- closed in Mr. Burnley's and my oflBicial letter *^ the importance of changing the bonds and the sinking funds basis, but we cannot nego- tiate them without we can obtain your concurrence in the sinking fund act. If you approve of the same you will.be so kind as to indorse your approval on the transcript, and forward it by my son, directed to me, to the care of Palmer's, McKellop, Dent & Co London. Without the recognition however, of Great Britain, we can have no hope of success, and this can only be obtained by getting that of France first, which for money we can accomplish. We have pressed this point as a matter of diplomatic Service, and your consideration and hope to obtain your Sanction. What New Country can win Empire and Independence without the use of Sinews of War, and the Currency of peace, which money may well be called. Let me however entreat you to dispatch my Son back to New Orleans with all imaginable haste, as Mr. Burnley and myself cannot proceed a step in the nego- tiation of the loan imtil we get your sanction of the sinking fund act. a Conoeming James TreAt, little farther can be stated here than is learned from this oorrespondence. He came tram New York to Texas in the summer of 1830 bearing letters of recommendation from N. T. Jen- nings, James Hamilton and Barnard E. Bee to Burnet; and John T. Mason and R. O. Dunlap to Lamar (See Records of Department of State, Texas, Book 41, pp. 297-298). One of these letters states that he is "intimately acquainted with Mexico and Mexican Politics, having passed much of his time there, and enjoyed the confidence of the leading men of the Country." He gave material help to Texas in New York in 1836 (See Tdegraph and Texas Register , December 16, 1840) and was its confidential agent in Mexico, 1839-1840. He died on his passage from Vera Cruz to Galveston, November 30, 1840. b There is certainly an error in this date, which must be due to the copyist's inexi>ertne8s and to Ham- ilton's puzzling chirography. The interviews of Bee with the secret agent of the Mexican government in New Orleans took place in July. See Bee to Webb, July 6, 1839. e Hamilton and Burnley to Lamar, June 22, 1839 in correspondence with France. Digitized by Google 452 AMEBICAN HISTORICAL ASSOCIATION. Hence it is infinitely important that we should receive it by the 15th August in London by the Great Western. Mr. Burnley sails on Tues- day the 25th. in the Sailing Ship Garrick, and I follow in the Steamer Liverpool on the 6th July. I shall probably reach England first. God bless and prosper you, with esteem, Respectfully and truly your friend J. Hamilton His Excellency M B Lamab [Copy.«J Washington Slst. May 18S9. My Deab Sib I did not receive your letter until late last night, and therefore could not reply to it by return of Mail as desired. I received from our mutual friend Col Barnard Bee a letter requesting that I should furnish him with letters to my friends in Mexico and take an interest in the success of his Mission, the object of which he explained to me. The real interest I have felt for Texas induced me to decline giving him letters, as they could be of no service to him, and might have excited suspicion among the most suspicious people on earth, both with regard to the views of this Government, and the part I might take individually in the recognition of Texian Independence. In an interview which I had subsequently with Mr. Martinez, I found him very favourably impressed with the views of mutual advantage to Mexico and Texas, likely to result from the proposed arrangement. In consequence chiefly of his own reflections and enlightened views of the subject, he wrote a pressing letter to Seflor Gorostiza, which he communicated to me, urging the acceptance of the offers he under- stood Col Bee was authorized to make. I have not time to detail to you the arguments adduced in the letter, but they were such as would occur to the friends of both countries and especially of Mexico, and were ably and cogently urged, so much so, that I entertain great hopes, they will have pro- duced beneficial results, and lead to the favorable termination of the Negotiation. I will take up the business you left me here next week, and dispatch it (Signed) J R. Poinsett To Gen. J. Hamilton Philaddphia a See Records of Department of State (Texas), Book 41, pp. 404. Digitized by Google correspondence with mexico. 468 Hamilton to Bbb.<> Hamilton to Copland [Copeland].'' Hamu^ton to Lamar/ (Private and Confidential) New York June 28th. 18S9 My Dear Sir. — This will be handed you by the Gentleman to whom I refered in my letter to you by my son — ^Mr. James Treat of this City — whom I beg leave to introduce to your confidence and acquaintance. Mr. Treat has resided many years in Mexico and is intimately acquainted with most of the leading public men of that country, and withal speaks its language fluently. He is well acquainted with Santa Anna, and is the correspondent of the Italian Gtentlemen, the agent of Santa Anna, who had an interview with Mr Bee at Vera Cruz and who is now in New Orleans, and who has invited Mr. Treat to join him there for the purpose of ascertaining what privately can be done to produce a speedy public pacification between Texas and Mexico As it is due to Col Bee, Mr. Treat distinctly understands he is to act under the instructions of Col Bee, and in subordination to his views. As I think after your Minister has had all the trouble and peril of the Mission he ought to have whatever honor may arise from its successful issue. The great point to be gained is that Mexico may concur to the mediation of the United States and that the negotiation may be transfered to Washington with as little delay as possible. Mr. Treat or his friend in New Orleans, (Santa Anna's agent) will repair after a proper understanding, with Col Bee on all points (under your instructions) to Vera Cruz if necessary, after all the facts are known between the contracting parties. The vast importance of having the fact officially known in London, that Mexico agrees to the mediation of the United States, and that the negotiation is transfered to Washington, cannot be overestimated in the business confided to my hands. Now as great Secrecy, Vigilance and dispatch are nec- essary in this highly momentous affair, Col Bee cannot have a more efficient and faithful adjunct than Mr Treat, or a safer counsellor. His character is most highly vouched by gentlemen who have my confidence, and their favorable opinions are entirely confirmed by my own observation. Mr. Treat starts 'post, and will repair to New Orleans, and after seeing his friend, will repair to Texas, to see you a June 24, 1839 (esrtract). See Bee to Webb, July 6, 1839. ^ Jane 29, 1839. See Hamilton to Lamar, June 28, 1838. The Indonire is dated one day later than the letter with which it went, e See ReoMds of Department of State (Texas), Book 41, p. 407-406. Digitized by Google 454 AMERICAN HISTORICAL ASSOCIATION. if necessary. He is specially advised to keep me constantly informed of the progress of the negotiation, by the Steamers and Packets from New Orleans, or Vera Cruz wherever he may be, which will be of no small moment as he is an exceedingly punctual and able correspondent. ****** *a Mr. Treat also takes two hundred thousand dollars in Post Notes, made payable to the order of R Copeland, Assistant Cashier of the Merchants Bank, and only to be delivered to such person as you or the Secretary of the Treasury of Texas, may authorize to receive them. They are in 100$ Notes, and only designed to purchase sup- plies for our frontier defence, for which they are alone designed, for if they were cashed, you would have to submit to a loss of six or eight per cent. I have the honor to remain my Dear, Sir, with sincere esteem very respectfuUy Your. Obedient Servant J. Hamilton His Excellency, MlBABEAU B LaMAB President of the Republic of Texas P. S. I, enclose you a copy of a letter to Mr. Copeland, assistant cashier of the Merchants Bank, relative to Post Notes, asthe Mer- chants Bank is in fact a branch of the B. U. S. and as we are imder infinite obligations to the Bank U. S. for their aid, in raising our recent advance. Would it not be worth your while, to direct the Secretary of the Treasury, to open the a/c of the Republic with that institution. New York June 29th 18S9 Dear Sib. — This will be handed you by James Treat Esqr. who is the bearer of a package containing the following bundles of post notes, B. U. S. No. 810 to No. 1209. inclusive 400 Notes of 100$ $40,000 " 1210 " 1609. do do do do 40.000 " -1610 " 2009. " " '* " 40.000 " 2010 " 2409 " " " ** 40.000 ** 2410 " 2809 " *' " " 40.000 I wiQ thank you after a simple endorsement to hold them subject to the written order of his Excellency Mirabeau B Lamar President of the Republic of Texas, or his Secretary of the Treasury. Should a person however make his appearance at the Merchants Bank with a written order addressed to my son Thomas Lynch Hamilton, from President Lamar, or the Secretary of the Treasury of the Republic of Texas, you can deliver the notes to him, as I had at first designed to a Hero is omitted a paragraph relative to Treat's compensation. Digitized by VjOOQIC CORRESPONDENCE WITH MEXICO. 455 make the Post Notes payable to my sons order, and so advised Presi- dent Lamar. On reflection however, Mr. * and myself thought it best to make them payable to yours, as some accident on the Boat, might either detain or prevent my son from reaching New Olreans. I wish you would be particular and verify * the order from the Texian Government, to deUver the notes, examining whether addressed to the President or Cashier of the Merchants Bank, or to Thomas Lynch Hamilton. You will likewise oblige me by saying to the Texian Agent, that it would be contrary to the understanding imder which they were received, that they should be cashed at a discount, or hawked about the market in New Orleans, as they are lent exclusively for the purpose of purchasing supplies for the Indian Campaign,* and can be used at par for such purchases, as thos^ sell- ing provisions or munitions of War, will gladly receive them as a cash equivalent. It would be well for you to say to the Texian Agent that he had better, for safety keep the notes on deposit in the Mer- chants Bank, and merely take them out as he may disburse them. I remain Sir, with great respect. Your Obedient Servant, J Hamilton. To R. Copland ^ Esqr. Asst. Cashier of the Merchants Bank, New Orleana. P. S. be so kind as to address your reply, to the care of Mesers Meckshur Coster & Madfold New York, who will foward your letter to England to me, by the Great Western I embark in the Steamer Liverpool on the 6th proximo. Bee to Webb.* On board Barque Roger Williams June f 1889. Honl James Webb Secretary of State, Sir, I left Havana on the 12th inst, in the Roger WiUiams, for New Orleans, having received every conceivable attention from Admiral Baudin who, I find perfectly charmed with you all. By the bye, he says, if not ordered to France, he wiU go to Texas, take horses and ride over the country. I have assured him, the President would furnish him with every facility. a Probably Burnley. b The copy in the Record Book reads ''and verifying/' c Against the Cherokees. See Quarterly cf the Texat 8taU HUtorkal A swcialion, 1 , 38-46. d Doubtless the copyist's error for "Copeland;" the name appears in the latter form twice in the letter of Hamilton to Lamar with which this is inck)0ed. « See Records of Department of State (Texas), Book 41, p. 222-223. / As will be seen from the letter itself, it was written during Bee's voyage from Havana to New Orleans beginning Jane 12. Digitized by Google 456 AMEBICAN HISTORICAL ASSOCIATION. The letters I received from the Lizardi's, just as I was leaving, would have justified my remaining, if I had had where to lay my head, but the French Fleet were to sail for Campeachy on Saturday, and there was not an English or American Grovernment Vessel there. There were a few American and Spanish Merchant sloops, but I felt it would neither be compatible with the honor of Texas, or my own respectibility that I should be shifting from Craft to craft, and there- fore, at once proposed to the Secretary of State of Mexico, that he should appoint an agent to meet me at Washington, if they were dis- posed to open the negotiation. I wait with infinite anxiety to know the result upon my arrival at New Orleans. My letter to you written in great haste, the night before I left Vera .Cruz, gave you my impressions then without having informed you of any preliminary steps! These, you will discover in my letter of the 24th May now sent you. On the whole, ''doubt not but success will fashion the event in better shape than I can lay it down in llkeU- hood." Indeed, have no fears, — say to Genl. Johnston prepare moderately, but to be assured he will never have a Mexican Army to contend with. They have no Navy: they have not a dollar in their Treasury: they have not paid their Officers or men for years: they owe Great Britain 60 MiUion of dollars: they are paying France 200 000 dollars every two months: how? by borrowing of the Mer- chants at 40 per cent discoimt and giving orders on the Custom Houses. The American Minister Judge Ellis is to receive monthly from the custom house so much, — and if not, then Juxlf the amoimt. Where then are they to get money to annihilate Texas ? Sir the ques- tion is settled. New Orleans July 6th 18S9. On my arrival I foimd a letter from Col. Almonte saying ''I was desired hy the President to open my views," the very point they had refused. Had I received this letter on board the Fleet, I would immediately have obtained r^-admission into Vera Cruz, but it is best as it is. I am satisfied Washington will be a better atmosphere, than Mexico. I am hourly expecting the Vessel from Vera Cruz. Mr Hammekin wiQ be the bearer of this commimication. I send him in order that the President may sanction my proceeding to Wash- ington, and extend my instructions should he deem it advisable, but they are so full and so admirably drawn, that I do not think you will have much more trouble. I foimd Texas money at 28 cents on reaching here. I instantly went to the Brokers and told them it was intrinsically worth 75 cents, and that there was every probability of our commissioners succeeding in Europe; to day it is 40 cents, and the moment it is known, that you have an advance, as it must be, through the Bank, it will be higher. If the Banks of this city were worth a farthing (and they are not) I Digitized by Google OORRBSPONDENCB WITH MEXICO. 457 would have obtained One hundred thousand Dollars, and bought up all our money — for the Govemment — and even now, I would suggest the Secretary of the Treasiuy sending Col Love by the return of the Columbia, with authority to do so. Of course it will be enhanced, but many thousand dollars will be gained by the operation. Mr. Bryan** the Consul, might be authorised: I have found him very solicitous to forward the interests of Texas I am with great respect Your Obdt Servant Barnard E. Bee. Bee to Webb.* [Confidential.] Orleans 6th July 39 My dear Sir, I am in receipt of two letters by express from Gen'l Hamilton of the 23d and 24th June. The last says, " My Son left Philadelphia " yesterday Ev'g at 6 o.c'k for New Orleans. He will reach there by "the 4th July. Do not let the Steam Boat leave without him, as " he has important despatches for your Govt, and ought to return " in time for their advices to be forwarded by the Great Western on "the 1st. August." He adds, — ^'^ Remain yourself in Orleans until " Mr Treat arrives, as he will convey to you very important inf orma- "tion from me. Mr Treat is the correspondent of Santa Anna's " agent now in New Orleans and will act in subordination to your " views. It may be necessary to send this agent to Mexico for de- " spatches authorising you to negotiate under the mediation of the " United States. Write me weekly that I may use every auspicious " incident beneficially." I am very much in hopes the letters I wrote the night preceding my leaving the French Fleet will accomplish all that Genl. Hamilton seems to desire, and I have little doubt that the first vessel from Vera Cruz will satisfy us upon this point. The calms at this Season detain her I presume. The Secret Agent alluded to by Gen'l Hamil- ton, and of whom I wrote from Vera Cruz is daily with me. I play him off under the plea that I am in direct correspondence with the Sec'y of State, Mr. Gorostiza, but he assures me until I make myself felt nothing positive will be effected. Gten'l Hamilton is so satisfied of this, that he says he had reserv'd money for me, but that as I have returned I must draw upon you. I think Five Thousd Dollars will be enough for the present. I will thank you to send me an order for this Am't through Mr Forstall of the House of Lizardi. I •William Bryan, Texan consul at New Orleans. *A. L. S. Digitized by VjOOQIC 458 AMEBICAN HISTORICAL ASSOCIATION. intimated to Mr Packenham that what he undertook we could comply with. He will understand it. Sslj to Gtenl Liamar he shall have Peace by Novr. ! I saw Mr Eiiight in the Havana, who made a great many inquiries after you. He says Texas must succeed with such men as Judge Webb. You will very much oblige me by seeing the Secy of the Treasury, on turning to his books he will find that in 1838, The Dep't accepted but never p'd a drf't for $1600 with Intrst. frm Deer 1836 in favor of the Washington City Bank. It was for money advanced by the Bank to Col. Hockley and myself on the Santa Anna Expedition. It would be very unpleasant to me to go to Washington with this dr'ft unpaid. The letter to the Dept. I presume points out when the money is to be remitted. I am very sure you will attend to this for me. I am with great regard Sincerely Yours Barnard E Bee Judge Webb Bee to Webb.« [Private.] Orleans July 6th i55S— 12.o'ck My dear Sir, I am anxiously looking out for the Mobile Boat with the Mail and our little ambassador from Genl H.* He writes me* and his Son left Philadelphia on the 23d June at 6. o'ck in the m'g** so that I have little doubt he will be here to day. The Columbia has con- sented to wait until one o'ck — ^and I think will 'til 4. I have offered to pay the pr diem expenses of the Boat if they will keep her until tomorrow, should young Hamilton not arrive to day, but they say it will be impossible. The Passengers being restive. Should the Co- lumbia leave, I will procure a Pilot Boat and send him as quick as possible. I write however — for a different reason. I omitted sug- gesting that until we hear from Vera Cruz that no act of an offensive character should be taken on our part, but I am sure I need not make the suggestion. Peace is too essential to us and the opening too clear to have it marr'd at this moment. I am Sincerely Yours Barnard E Bee •A. L. S. » Hamilton. • In his letter of Jane 24. < Monlng. Digitized by Google CX)BB£SPONDBNCE WITH MBXICO. 469 Haioltok to Lamar.' New York July 8th. 1839 Mt Dear Sir The day previous to my intending to sail in the Steamer Liver- pool, I received an intimation from a respectable Quarter that if I would either see or write to Martinez the Mexican Minister privately before the 1st. Augst. that I would receive a pretty unequivocal assurance that Mexico was prepared to accept the mediation of the United States. I deemed this too important a lever in my negotia- tion to hesitate one moment, about it, more especially as Saligny, did not until to day receive the permission of his Government to take his report * in person to France. Hence he could not sail in the Liverpool, but goes with me in the Great Western, on the first of August as I am inclined to stick to him until we obtain the recogni- tion of Louis Philipe. As Mr. Shaw has gone over to lay the pre- liminary basis for our negotiation, and from his knowledge as an old and experienced Banker, is acquainted with all the capitalists in London and is thoroughly in our interest, I will lose nothing, or your Government, by the delay. Besides the London Stock Market is very much depressed at the present, and until the produce of another harvest, in England, is realized, which will not be until September we cannot expect any improvement. We have such strong friends, and our loan is so well arranged and got up, that I have confident hopes of success by the 1st. October, and especially if we are able to obtain the recognition of Louis Philipe, of which I enter- tain no doubt, with the application of the proper means. I hope you have received the dispatches by my son, with the checks for 80,000$ likewise the Post Notes by Mr. Treat, which he was in- structed to leave with the cashier of the Merchants Bank, subject to your order. I will write you again, in the course of a few days. In the mean time be assured of the constant esteem, with which I am, Very Respectfully and faithfully, your friend, and Obt. Servant J. Hamilton His Excellency MiRABEAU B Lamar Prest. of the Republic of Texas P. S. If Mr. Treat should as a private individual without any oflScial sanction from your people go to Vera Cruz to see Santa Anna I would strongly recommend you to let him go, and ascertain the disposition of the Mexican Government. • Bee Records of Department of State (Texas), Book 41, pp. 404-405. *To the French Goyemment on Texas. See note «, p. 1230, In correspondence with France. Digitized by Google 460 amebigan histobioal a8sooiation. Bbe to Webb.® Merchants Bank Orleans 9th July 1839. My dear Sir, I have exerted every nerve to expedite Mr Reily. You had not notified this Bank that you expected funds, and on their arrival, they proved to be post Notes payable at 6 months^ which for purchases of supplies etc will prove as good as cdsh^ but for procuring Silver, which was indispensable to Mr. Reily was a different thing. But this was not all. The Bank was only authorised to deliver to the order of Gen'l Lamar the two hundred thousand Dollars^ and were he to send an order to Morrow for that amH they would be obliged to pay it. Hence, I had to get them to advance me Twenty Seven Thousand Dol- lars in their Bills, and with this went into the Market and bought Silver. The Secy of the Treasury therefore in drawing will recollect to do so from the Am't less $27ft00. He will also be good enough to sanction what I have done and to empower the Bank to pay them- selves their discount on the Am't advanced, but upon this point the President of the Bank has written to Gen'l Lamar. The Sc'y of the Treasury will also be good enough to forward me a drf 't to cover the Am't I have paid for Lisurance to Nachitoches, for the purchase of Silver, for boxes, and for voyage. Amts to $250. I will send the re- ceipts. Texas will have to give me a domain at Austin. I am always on the stretch for her. Upon reflection, I determined to keep young Hamilton, as there was little chance of any thing being gained by taking a Schooner. He will be with you by the Columbia — having arrived just too late for her last trip. You will be pleased with the form of the bond sent on by his Father. Mr. Treat arrived to day and will visit you. The Secret Agent has been with me as I wrote ever since my arrival — unknown ojs such even to Mr Hammeken who knew him in Mexico and saw him daily here. He did not wish to be known unless I acknowledged him, which I did not wish to do until I heard from Mexico, as I was in direct correspondence with the Scy of State Gorostiza. The Water Witch that I have been so anxiously waiting for arrived to day brin'g me but one letter from Almonte, and written supposing I was still in Vera Cruz. He says, "you are " authorised to open your views to the Gov't in writing, as I com- " municated to you in my last letter," and adds " I am requested by " the Presid't to say Padre Muldoon was not imprisoned because he " accompanied you but because he left Mexico for Texas without au- " thority.'* Now My dear Sir, I assure you the Padre left expressly with Santa Annas authority — as he showed me his passport. The truth is he was imprisoned for accompanying me, but merely for -a. l. s. Digitized by Google CX)BB£SPOND£NCE WITH MEXIOO. 461 effect. They are a sharp People. The Secret Agent has rece'd full communications from the person behind the scene. He says — ^" There will be no difficulty — ^no matter who is at the head of Gov't — ^but it can only be approached in one way, and it may be tried in any other in vain." Gen'l Hamilton and Mr Poinsett are so aware of this that Mr Treat of New York has been sent to me as the most proper person to visit Mexico and prepare the way. The truth is the officers of Gov't are only waiting for their fee to commence operations. I was aware of this at Vera Cruz but I was solicitous of breaking ground without it — fully sensible however, that as I progressed the way would have to be paved with gold. The Presidents best plan is to make up his mind to this at once, and to empower me to use my dis- cretion, tho indeed I think he has long since done so. It was with this view I wrote the other day for authority to draw $5000 to com- mence with.* My impression is that he will have to spend from Five Hundred thous'd to a Million in this way, but still I hope to do it out of the Five Million ; in other words to make the Five Million effect aU objects. I shall offer them Silver instead of our bonds. I would accompany Mr Treat but really have nothing to add and am greatly in hopes by going to Pensacola, I shall meet the Constitution, who will bring answers to letters carried out by Judge Ellis. Notwith- standing Tomell's * proclamation I pray the President not to incur any very large expense for the Mexican 60 Thousand Warriors as I assure him he will never be on the field of battle with them again. Santa Anna has only done it as a blind, and to convince them that the " cal- umny " of his hav'g promised Two Million to Texas for his liberty is unfounded. I have never explained to you why I did not propose an Armistice. I found they were so elated at the departure of the French and the putting down the Federalists, that they would have attributed it to apprehension on our part, so that of course, I never named it. On the contrary, I always took high, but courteous ground with them. Almonte, as you are aware returned from England, about a fortnight before I arrived at Vera Cruz. I assure you he wrote — ^''that he was afraid Lord Palmerston would acknowledge Texas." He failed you know in procuring a dollar. I have just had an interview with a Mr Wright ^ who says he is a Texian Citizen and has given information to the Scy of War relative to our Indians. • See Bee to Webb, July 5. * Jos6 Maria Tornel, Mexican Minister of War. For what is doubtless the document referred to see Telegraph and Tewas Register July 24, 1889, for "A Presentation" by Tomel, June 18, 1839. «A. S. Wright, a native of the United States, educated at St. Mary's College near Baltimore, lived many years in Spain, became a trader In Mexico, was employed by the Texan Oovernment in 1838 to give information regarding the frontier Indians, became the secret agent of Bee in Mexico In 1839 and continued to give information to the Texan Government as late as 1841. See The Red-Lander, September 29, 1842; The Telegraph and Temu Register, June It, 18S9; and Wright to Lamar, March 18, 1841. Digitized by Google 462 AMERICAN HISTORICAL ASSOCIATION. He assures me they are all restive, and require close watching. He thinks the U. S. Indians would't require much to induce them to sweep our praries, but apprehends nothing further at present. He is on his way to Mexico and means to be promptly on the Rio Grande with a view of kn'w'g all their movements. He proffer his services to keep us constantly advised, and wishes to know if we will recom- pense him. I have assured him he will be compensated according to the importance and accuracy of his information. I am indeed not sorry to have met this man, if he is worthy. We ought to have at this moment an individual who will keep us informed of all Mexico's steps. Every thing ought to be done now to bring our currency at par. It would be a great relief to the officers of Gov't as well as to the Com- munity at large, but on this subject I need not say a word. I commenced this letter in the Merchants Bank three days ago,, expecting young Hamilton would have got off that night. I close it now, as a vessel is to leave to night and may arrive before the Columbia. I am sure you will be anxious to hear from me, and at all events will be gratified to learn that Mr. Riely *» had left and with the Rhine. I am with great regard esteem and respect Yours Barnard E Bee Hon James Webb. Bee to Webb.^ [Private] Frtoay M'g Mr. Barker has just called to say he will give you Specie for your Post Notes, but he will not say at what? For all purchases I have before said they are as good as Gold. I am told a special ses- sion is spoken of. Advise the President (instead) to pursue this course. Call the New Congress at Austin accord'g to Law, but let him intimate in his Proclamation the entire probability that they will have to adjourn to Houston. By pursuing this course no un- necessary removals or expense will be incurr'd. The Public Papers will remain where they are The People will not be breaking their Necks to make accommodations which it will be impossible for them to accomplish. The expense and trouble of an extra Session in a most sickly month Sept.^ will be avoided, and the Members of the New Congress will have had an opportunity of seeing the Spot and decid- • Rellly. » L. L. S. Digitized by Google CX)EBESPON0ENCB WITH MEXICO. 463 ing for themselves as to its advantages as a permanent Seat of Gov't. I only throw this out to you. I am told the situation is beautiful. The Seat of Gov't for the first Ten Years ought to be on the Sea Shore^ but if not I am for the Mountains. There is no inter- mediate Spot rely upon it that will afford health. As to Houston I am afraid by Octr. 1 third of the Population will be victims. I know you will be all Sick. God avert it. Yours Sincerely B. E. Bee Pray send young Hamilton to the Island * as soon as practicable. Bee to Wbbb.^ Orleans July 1839 My dear Sir, I am happy to inform you the Merchants Bank rendered every facility in settling with Mr La Branche by giving their own notes and discounting your Post Notes as before. You may suppose this a trifling circumstance to them, but in the present "tight" state of things it is not so. Forty Thousand Dollars in the course of a few days for Texas not only deprived them of accomodating their Cus- tomers, but rendered them liable to be called upon for Silver. The Cashier will write to the President.*^ The Citizens Bank — ^Mr La Branche's — would have taken the Post Notes as Silver if they had three instead of six months to run, but we are fortunate to have had them at all. For all purcJiases as I wrote you they will pass as Cash. My last letter by Mr Sanderson will have shewn you that I had no idea of going on to Washington until I heard from Vera Cruz. This was my proposition to them, you know the night prior to my leav'g and as the same thing has been recommended to them from Wash- ington City, I have little doubt it will be acceded to. The Secret Agency is a distinct thing. It is merely to let them understand what we require and to assure them that if they enter warmly upon it we will not be wanting in making them ample compensation. It was for this I wanted the drf't to commence with. I wish to give the Individual here a doceur^ and I am desirous of sending an officer of their Gro't a handsome carriage from this place. His name I enclose you exclusively for the Presidents ear. I have been provoked at the appearance in the Houston Star of a letter said to have been rec'd from me. I wrote no such letter, but " that Gren'l Hamilton was sanguine of success and that his son was expected with important despatches for the Gov't " — and this I openly s'd — as I found your currency was sinking daily, and no persons de- crying it more than Mr Irion and Mr Beile, who were yet secretly • GalTeeton. » A. L. S. • Of Texas. Digitized by Google 464 AMIBIGAN HISTORICAL AS800IATION. bu3dng it up. Mr Irion knowing perfectly well that Geni H.» would succeed.^ Col. Love ought to know that they are our bitterest ene- mies. I shall remain here until the return of the Columbia, hoping by that time to hear something of the arrival of the Cixistitution. I am My dear Sir, Very Sincerely Yours Babnasd E Bee Hon. James Webb. Webb to Bee.^ Houston 11th July 18S9 Honl. Barnabo E. Bee Agent of the Republic of Texas to Mexico in New Orleans. Mr Dear Sir, I received late last night your several letters by Mr. Hammekin, and as the last boat for the Columbia will leave this morning, I have only time to give you a very short and hasty reply. I have had a conversation with the President on the subject of your communica- tions, and he directs me to say, that in the present uncertain state of our relations with Mexico, he knows of no additional instructions which can be given you. He can perceive no necessity for your proceeding to Washington, imless it be under an express assurance from the Mexican Government, that an agent will be sent to that place authorized to treat with you directly in reference to the acknowledgement of the Independence of this Country, as every thing that can be done towards securing the interposition of the United States Government and the British Minister has already been done by General Dunlap. They are both willing to interpose, and have already done so, as far as propriety in the present State of the negotiation will permit, and further applications to them at present would be unavailing. Would it not be better for you to remain in New Orleans until you ascertain distinctly what course the Mexican Government intends pursueing? And if they are disposed to send a special agent to treat with you, could you not carry on the negotiation with that Agent at New Orleans better than at Washington? By remaining at New Orleans you would not only have an opportunity of availing your- self of the services of the lizardi's which might be beneficial, but you could at any time communicate witii the Government as to new • Hamilton. *Tbat Is, In effecting a loan. « See Records of Department of State (Texas) , Book 88, p. 120. Digitized by Gobgle COREESPONDENCB WITH MEXICO. 465 points which might arise in the discussion. Besides, it would at the same time be more convenient to the Mexicait Agent, as the facilities for communication with his Government would be much greater from New Orleans than from Washington. As regards the money of which you speak, the President says, until he knows their demands he is wholly unprepared to act ; and on that account it would probably be better for your negotiation to be con- ducted at New Orleans, if they are disposed to negotiate at all. I am not now the Secretary of State and am only acting tem- porarily in the absence of Judge Burnet, but it will at all times afford me pleasure to do any thing which may aid you in your mission, or accelerate its accomplishment. I am with sincere regard most truly and faithfully yours etc. James- Webb. Bee to Webb.® Orleans JvJ/y ilfth 39 My dear Sir, The sight of Mr Packenhams handwriting quite excited me just now. I was in hopes it was in reply to my communication written the night preceding my departure from Vera Cruz and that it would be full of intelligence, it proved however, to be of old date June 2d and reached here to day via Havanna. It states, that in compliance with my request — ^" he had taken an interest in Padre Muldoon and had every reason to believe he would be released from confinement in a few days." Mr Packenham — though he does not so write to me, — thinks, we must not despair of reconciliation from Mr Bees first rejection — ^that we have only to play our cards well to succeed — that strong prejudices are to be over come and that a little patience on our part will effect much. lie thinks hostilities ought to cease — in other words [there should be] an armistice; this is pretty much the tenor of his letter, and I give it to you exclusively for the Presi- dent and his Cabinet. I have before explained to you why I did not propose an armistice. In the first place, I did not wish to open my views to Gen'l Victoria, and in the 2d I found they were too elated at hav'g got rid of the French Fleet, and at put'g down the Federalists, and I therefore thought they might attribute the proposition to fear pi the Great Nation and still rejoice that I did not do it. I am as sanguine as ever that Peace will be the result, and if the first arrangment had been allowed — ^viz, my open'g the negotiation through the U. S. Gov't at Washington and giv'g tJiem as the Guarantee for all we pro- posed — infinite anxiety (God knows on my part) would have been • A. L. s. 39728**— VOL 2, pt 1—11 30 Digitized by Google 466 AMEBICAN HISTORICAL ASSOCIATION. saved, but perhaps the question will be sooner settled by the course that has been ta4cen. The whole nation knows that we have tendered Peace, and it will have its influence. We have many friends among them, and there is a strong party that would rise in our favor should War unfortunately take place. There are Mexicans here with Silver who have traversed Texas and come down the Red River. They passed near "Austin " and the day is not distant when that place will take the trade. They say they were not interrupted by Texians or Indians. I have sent to ascertain what their feelings are towards us and whether they would be likely to join our Standard, etc. Say to Gten'l Lamar I hope he is quite recov'd. tee ought to mount his Horse and go the Mountains, or reside on the front beach at Gal- veston. The " City " is very little better than Houston, and will have Yellow Fever, unless they have a good police. You can gen^ erate yellow fever very readily. I am very Sincerely Yours Barnabd E Bee P. S. I fear you will find me troublesome. I have no talent for letter writing, and my handwriting is execrable. Yours B E Bee Bee to Webb.* Orleans 26th July. My dear Sir, This will be presented you by Mr Treat of New York — a Gentle- man intimately acquainted with Mexico and Mexican Politics — hav'g passed much of his time there and enjoyed the confidence of the leading men of the country. Genl Hamilton, evidently under the advice of Mr Poinsett — thinks very much can be accomplished by Mr Treats personal presence in Mexico, in which I entirely concur. Mr. Treat has had frequent interviews with the Secret Agent here and is armed at all points. He will explain his views fuUy to the President. The question will arise as to Mr. Treats immediate ac- tion. Should he receive favorable news by the Constitution his visit may be imnecessary. Should they however be playing off — as is more than probable until their Agent reports — ^then the sooner Mr. Treat is in the City of Mexico the better. Permit me to requ^ you will introduce Mr Treat to the Presid't. I recommend him to your particular kindness. I am very Sincerely Yours Barnard E Bee •A. L. 8. Digitized by Google OOREBSPONDBNOE WITH MEXICO. 467 Decree of Mexican Congress CoNnRMiNO Contract between Brit- ish Hoii>ERS OF Mexican Bonds and Agents of Mexican Gk)V£RN- MENT.* Bee to [Lamar(?)]* [Private] [July (?),1839.] My dear Sir, I am very much in hopes the first news from Mexico will render Mr. Treats visit to that Country wholly innecessary. Should it prove otherwise however — and they are disposed to play off, until they nave assurance that we have money to carry us through — ^there can be no one more adequate than Mr Treat. The Secret Agent here seems a man much to be relied on, and I ascertained at Vera Cruz (of course without my object being known) that he had been liv'g many years in Mexico, with an unblemished character. I learn with great regret that the Zavala has been sold.^ We will repent it if Mexico does not listen to us. The Zavala would have been able to have put their whole Coast in the utmost excitement and have been almost ubiqui- tous — carrying hundreds of men on board and making incursions any where — ^but it is done, and we hope for Peace. I am very much gratified that the President has drawn Mr Burnet around him. it silences the Telegraph effectually, and evinces harmony in the Dept's so essential to a Gov't.^ I was delighted with your letter relative to the Live Oak Custom House. They will soon cease their nonsense. I told them before I came away if Gen'l Lamar did wrong they might abuse him as much as they pleased, but they had better reserve them- selves for the fact. The Cherokee talk was excellent. Was that yours or Mr. Burnetts — or both ? * It will make Genl Sam outrageous. I learn you have a highly respectable man as Secy of the Treasury.^ it is a most important office requir'g to be strictly looked into and most judiciously managed for the future, without the Presidents in- terfering with the Departm'ts he ought to know ev'y important trans- action, and I am satisfied by pursuing this course he will save tens of Thousands — ^particularly, in the War and Navy Departments. You will perceive that Santa Anna has retired to Manga de Clavo.^ Bravo is entirely under his Control. This move is wholly in rela- tion to Texas. Peace or War will be the result. Santa Anna was • July 29, 1839. See Treat to Lamar, February 1, 1840. »A. L. S. « See further reference to the Zavala. See Bee to Burnet, August 13, 1839, and Tele- graph and Texan Register, September 18, 1832. Bee waa mistaken. ' See Telegraph and Texas Register^ June 19, 1839, and July 3, 1839. • This probably refers to Lamar's letter to Bowls and other Headmen of the Cherokees, May 26, 1839. In Records of Department of State (Texas), Book 39, pp. 67-78. ^James Starr. See Telegraph and Texas Register, May 29, 1889. ' His private estate. Digitized by Google 468 AMEBICAN HISTORICAL ASSOCIATION. too much suspected to treat for Peace. An arch fiend as he may be, he had too much self respect to wage a War agamst a People who had given him life and liberty. He retires, therefore, but leaves his influence. I am still sanguine that we shall succeed. I perceive by the M'g Papers that the Constitution has left Vera Cruz. It is by her, you know, I expect letters. with great regard Sincerely yours. Babnabo E Biai Hamilton to Lamab.« New York August 1st. 1839. My Dear Sir I have but a moment to spare before embarking this morning in the Great Western to drop you a line, to say I have left instructions for my son's dispatches to be forwarded by the next Steamer. I hope sincerely that you have assented to the sinking fimd project, and the other matters submitted for your consideration, as I deem them vital to my success. I have lost nothing by staying, as I will be over as soon as Saligny, who went about ten days since in a French (Corvette) and such is the state of the money market in England, that before October I will not be able to do anything. After that I hope to obtain another handsome advance on my bonds, or to place them in final investment. I feel confident of success. But for the official dispatch of the Secretary of War, asking the means for invading Texas, I would have obtained through my friends at Washington such demonstrations of a pacific character from Martinez, as would have greatly aided my negotiation.* Just as I had it on the anvil this unfortunate document came out. I think from what Mr. Poinsett tells me, you must be prepared for an incursion on the part of the Mexicans and Indians. The former will make one more struggle before they give up the country. Let me intreat you, neither to invade or blockade until you hear from me, that I have succeeded in my loan — either measure would be fatal to my efforts. I have authorized Mr. Todd,*' your Navy Agent, to draw on me in London for 10.000$ to ship by every Vessel from London (which I hope will meet your approbation) After consulting with an English Naval officer of distinguished reputation, and of great experience on the Coast of Mexico, I will give you the details of a maratime expedition against Mexico, which will strike terror in that Government bring them to their senses, and astonish the world, by its boldness and success. I have been concocting this Scheme fcH* •See Records of Department of State (Texas), Book 41, p. 409. • See note *, p. 461. « John G. Tod. Digitized by Google OOBBB8PON0ENOB WITH MEXICO. 469 the tremendous annoyance of Mexico, with one of the wisest and best heads in this country and will write you from London the moment I have felt the State of the Governments of France and England. I will go over to the former, the moment I have seen my Banker's. Mr. Stevenson my Naval friend, and Lord Palmerston. I say to you if no unfortunate event occurs, the negotiation of France will be immediate, from the arrangements I have made. Mr. Pontois the late Minister of the U. S. is actively at work for us. Let me beg of you to stand entirely on the defensive, until the loan is ne- gotiated, at least get out all your vessels as soon as possible, and keep all quiet if possible at home. God bless you my dear Sir, and believe in the sincere esteem, with which I have the honor to be, your Obedient Servant, J. Hamilton To His Excellency MiRABEAU B. Lamar. A Friend of Treat in Mbxicx) to a Friend op Treat in New Orleans.** Henderson to Treat.^ Lamar to Treat. [Private.] Galveston August 9th 1839. Sir Pursuant to a letter in your Posession, written by Gen. James Hamilton, and addressd to the Cashier of the U. S. Bank of Penn- sylvania, you are hereby authorized to draw on the Loan Commis- sioners of this Eepublic, Messrs Jas. Hamilton and A. T. Burnley, now in England on their way, for any sum, or sums, of money, not Exceeding in all, Seven Hundred and fifty Pounds Sterling. (Say, £750) and you may negotiate the same as indicated, in the letter above referrd to, placing, same, to proper account. I am Sir, Your obt. Servt. M B Lamar To Mr James Treat. Esq., Present. « August 2, 1839. See Treat to Lamar, September 18, 1839. » August 6, 1839 (extract). See Treat to Burnet, September 18, 1839. Digitized by Google 470 AMERICAN HISTORICAL ASSOCIATION. Lamar to Hamilton and Burnley.* [Fixes amount that James Treat is authorized to draw on them as Loan Commissioners.] Burnet to Treat. Department or State Houston 9th August 1839. Sir, I am instructed by the President, to inform you that in conformity with our late verbal understanding you are hereby constituted and appointed a Private and Confidential Agent for the Grovemment of Texas for the purpose of ascertaining the disposition of the Gov- ernment of Mexico in regard to a negotiation of a perfce between the two Nations and if practicable to prepare the initiatory arrangements for such a negotiation. To effect this object, it will be necessary for you to repair with all convenient expedition to the city of Mexico. But as great privacy and circumspection are necessary and indispensable in all your pre- paratory movements, it will perhaps be advisable for you to return as far as Pensacola or even to New York and embark for Vera Cruz from one of those Ports. It is inevitable to the nature of your mission that great latitude should be given to the exercise of your own discretion in the modtis operandi^ and in some minor matters of the negotiation. The Presi- dent is happy in the confidence that, that discretion will in all cases, be exercised with great soundness and intelligence, and with an undeviating regard to the interests and the honor of Texas: that you will not sacrifice the one, nor compromit the other. There are other points of cardinal importance, on which you will rigidly adhere to your instructions. Texas is sincerely desirous of peace, but that desire does not result from any apprehension of her want of ability to prosecute a vigerous and successful war. The moment she ascer- tains that this second overture is rejected, she will feel it due to her- self, to try the efficacy of the utmost energies of the sword, in accom- plishing that desirable object; and she cannot doubt that it will be eventually effected at a less cost of treasure, than she is now willing to bestow in peaceable negotiation, and that the incidental expendi- ture of blood, will be richly compensated in her acquisitions of glory. The principal points in your negotiations will be; The boundary to be assigned to Texas; and the consideration to be paid for that boundary. • August 9, 1839. See Records of Department of State (Texas), Book 34, p. 6. Digitized by Google COEBESPON0ENCE WITH MEXICO. 471 A full, unequivocal, unconditional acknowledgment of the abso- lute independence of Texas, is a sine qua non, beyond and exclusive of which, you will not discuss a single proposition. The Rio Grande alias tiie Rio Bravo del Norte is the natural boundary of Texas; it presents an obvious and well defined line of demarcation and is admirably adapted to the prevention of future collision between the two Governments. You will therefore consider it a sine qua non in your negotiation, that the boundary line shall commence at the mouth of the Rio Grande midway of the channel, and shall pursue the mid channel of that stream to its source, that is to the fountain head of its principal western branch and to run from that point a due north course to the line of the United States as established in the treaty of limits between the United States and Mexico on the day of * and to pursue that line to the Pacific Ocean. This boundary and nothing short of it Texas is will- ing to accede to. Before submitting this ultimatum on the subject of a boundary line, you will feel the authorities of Mexico in relation to a different division of Territory. You may suggest to them a line conmiencing at the mouth of the Rio Grande mid way of its channel, up that stream to the Paso del Norte and from thence a due west line to the Gulf of Calafornia and along the Southern shore of that Gulf to the Pacific Ocean. This boundary will not be strenuously insisted upon but may be intimated as a counterpoise to any extravagant expecta- tions on the part of Mexico and as a premonition to that Government of the ultimate destination of that remote Territory. Texas is willing to pay to Mexico a sum not exceeding Five Mil- lions of dollars as a compensation for her relinquishment of all her claims public and private to the Territory comprehended within the limits first above recited, but you are desired to employ all your means to reduce that Maximimi sum as much as possible. We con- sider Three Millions of dollars an adequate remuneration under the circiunstances, and we proffer the extra two millions as an evidence of our appreciation of the mutual benefits that must result from the restoration of peace, and an intercourse between the two Nations. You will carefully abstain from agreeing to fumidi any given amount of Mexican Bonds in the English market until it is clearly ascertained that those bonds can be purchased at or under the value you may put upon them in making up the aggregate of the con- sideration, as we are not disposed to incur any hazard incident to the stock markets of Great Britain. Should you therefore find it expedient to swell the nominal amount of the consideration, by agreeing to pay a proportion of it in Mexi- can Bonds, it will not be difficult, as the value of those bonds in the • The 12th day of Janaary, 1828. Digitized by Google 472 AMERICAN HISTORICAL ASSOCIATION. market is well known in Mexico, to stipulate for such a sum founded on the known depreciation of those Bonds, as will assure to Texas no increased expenditure from this branch of the negotiation. In order to your more perfect advisement in this matter it will be proper for you to have early and frequent communications with GrenL Hamilton and Mr. Burnley our Loan Commissioners in London. If it shall in your estimation become necessary to employ any considerable amount of funds as secret service money to forward your operations, you may exercise your own good discretion, but always bearing in mind that Five Millions of dollars is the utmost extent to which Texas is willing to become liable and that any monies so appropriated, must be abated from that sum, and in no wise constitute a separate charge. Should it however become neces- sary for you to employ the secret service of particular agents in this affair, you will do so to an extent not exceeding one thousand dollars, for which this Government will be responsible to you. You will recollect in all cases that we rely with great confidence upon your discretion and good judgment. I submit to you for your further government a copy of the in- structions given to the Honl B. E. Bee« on his late mission to Mexico in prosecution of a similar object to that you have in view. Col Bee will be informed of your Mission and you are at liberty to communicate to him your progress from time to time, but in all events you will keep this Department regularly and fully informed of your proceedings. With great consideration, I am Your obdt Servant signed David G. Burnet Actg Sedy of State. Barker to Bee.^ Bee to Burnet.® Orleans August 13th 1839 My dear Sir, The only objection I find in your instructions to Mr Treat is in treating it as a second attempt at negotiation. This is not the light to view it in, it must be considered as part and parcel of the same. I would not make them a second offer. You will recollect the Secret « See Webb to Bee, February 20, 1839. ^A. L. S. : August 12, 1830. See Bee to Burnet, August 13, 1839. "A. L. B. Digitized by Google OOEBESPONDBNCB WITH MEXICO. 473 Agerd was on his way to New Orleans when I met him at Vera Cruz. His object was to have prevented my applying directly to the Gov't, least it should be rejected. I declined all communication then, as 1 had already addressed the Secy of State. Moreover I look upon the negotiation as now going on, Mr Packenham writes we have only to have a little patience. I have very little doubt letters are now at Washington on the subject. I shall proceed there the moment I hear from Mr Poinsett. It will never do to let it wear the appear- ance of a second appeal. The Senate might give us trouble. I shall take the liberty of alter'g your instructions — in so much. I shall proceed immediately to Pendleton. Pray let me hear from you. Remember me to the President, and say to him if he and his Secy of the Treasury do not create a demand for their money it wUl be down to 15 cents. I propose that Fifty Thous'd Dollars of the Post Notes should be put in the hands of Mr Jacob Barker — upon his deposit'g treble the amt in Texas Tnoney in the Merchants Bank, as one means of keeping up the currency, another mode is to make an arrangement with the Steam Boat Columbia to take Your Money at 50 or 70 cents for passage and freight and your redeem'g it ev'y fortnight in good money. By either or both of these modes there would be a vitality — so to say — ^given to your Money which would soon make it sustain itself. Without some effort on the part of the Gov't, it cannot be upheld. Another mode is to put the Zavala in the Trade as a Mail Packet, taking passengers and freight ai pa/r. You would of course lose Money at first, but it will be more tiian compensated to you in the enhanced value of the currency thus bene- fitting the whole Country. I am no financier, but it is important something should De done. I have consulted the owners of the Steam Boat They are willing to make the arrangement. They would submit their Books ev'y trip to the inspection of the Consul. I have also conversed witii Mr Barker, who is will'g to pledge three for one and thus give your money a chance in the market. Pray converse with Dr. Starr on the subject. If we could disperse the Mexicans as easily as you have- the Cherokees I would be for fighting instead of negotiating. I con- gratulate you on the result. I am My dear Sir, With great regard and esteem Yours Babkabd E Bee I enclose you the suggestions of Mr Barker. I repeat I am no financier, you must all judge for yourselves. An effort is however indispensable. It would be weakness not to make one. Digitized by Google 474 AMERICAN HISTORIC Ali ASSOCIATION. New Orleans 12th Augt. 1839 Col. Bee ^ Dear Sir You ask me to point out the best way to prevent a depreciation of Texas paper. I answer let your Government make it as current at home as possible and place here in the Merchants Bank an adequate sum of money to protect it here. I think $100,000 would be sufficient perhaps $50,000 would answer and my House Messrs. Horace Bean & Co would undertake its management. Let your Gk)vemment direct the Bank to receive in exchange tor this fund from my House their money at such rate as they might judge best. Three dollars for one to b^in with would probably be best, and to exchange back again one for three as often as my house applied not less than $10,000 at a time thus keeping possession of the whole fimd. The Bank would gladly do this for the sake of the deposite and my house would always take the money from travellers and traders when it offered at 33 cts on the dollar and supply those who might want at 34 cts on a dollar making no charge for these services, from this the standard to be gradually advanced as the demand increased always purchasing within one cent on the dollar on their selling price; to prevent the fund being exhausted without effecting the object, the system must be ccwnmenced at the lowest market price, perhaps below three for one, when the standard could be advanced as the market price improved ; if the management was entrusted to my house they would pledge themselves never to speculate on the funds and to make it effectual the management must be kept a profound secret from all others and the Bank should not know any thing beyond the fact that they were to pay and receive according to the rule layed down by your Government and that rule not to be varied except by an order from your Gk)vemment. One other provision would greatly improve the value of the money which would be to pass a law authorizing the issuing of funded stock for the money when brought home to be funded irredeamable for 60 years bearing an interest of 6 per cent per Annum payable half yearly in specie and pledging some particular branch of revenue for the payment of the interest, for instance the auction duty which could be made sufficient. Very Respectfully Your Obt Servant Jacob Barker Digitized by Google OOEBESPONDENOE WITH MEXICO. 476 Tbeat to Buknbt.® [PriTate and Confidential.] New ORLEANS Augt 13th 1839. Sir, I have the honor to acknowledge the receipt of your official letter of instructions, bearing date, Houston 9th Inst, informing me of the wishes of the President of the Republic, and apprising me of the confidence reposed by His Excellency in my prudence and judgement, for the Execution of a delicate and important object, to the fulfilment of which, my most earnest efforts, shall be, exclusively devoted. My hurried departure from Galveston prevented me from address- ing you this communication (as would have been very proper) at that time. I have further to own receipt of two letters of credit, signed by His Excelly. the President, bearing the same date, amounting, to- gether, to the sum of Twelve Hundred and fifty Pounds Sterling^ (Say 1250) ) which I am authorized to negotiate, as directed by Gen Hamilton, in a communication, which I have shewn to his Excellency the President and yourself. In looking over my instructions, I find omitted a clause which (if I remember right) was, in the original Dft, and as I then thought, very properly inserted. It related to the Mediation of the U. S., and authorized me, to confer, or advise, (as might seem expedient) with Judge Ellis, the American Minister, near Mexo. If this, was inadvertently omitted, (as I apprehend it was, from the' Press of business on hand) I most respectfully suggest that it may may be embraced in your first, official Letter to me, so that I may consider it as a part (part) of my instructions. I shall also be indebted to the department, for any new suggestions, that may result from deliberation, or fresh information, from any quarter. Feeling duly the responsibility of the Trust I have assumed, I shall use every honourable effort to carry out the views of the Presi- dent; but, whether successful or not, I shall hope to merit the appro- bation of his Excellency the President and his constitutional advisers. Please place this communication, (Hurried as it is, for I write on board the Boat altho dated at N Orleans) with my Respects before the President, to whom I do not write on the present occasion, having nothing, beyond the contents of this note, to communicate. •A. L. & Digitized by Google 476 AMEBICAN HISTORICAL ASSOCIATION. Accept, Sir, the assurances of the particular respect and considera^ tion with which I am Your obedient St James Tbbat) Hon. D. G. Burnett Actg Secy. State Texas. Burnet to Treat. Department op State Houston 19th August 1839. Sir The instructions hastily communicated to you on the 9th instant were deficient, and I hasten to impart to you the additional wishes of the President in relation to your interesting mission.* Should you receive a favorable notice in Mexico and be able to progress so far as to establish a boundary line and the amount of compensation, you may stipulate that a treaty of peace, amity and commerce between the two nations shall be entered upon, as soon as practicable either at the city of Mexico, or the City of Washington or at the Capitol of this Republic, leaving it to the Mexican Author- ities to select the location. But as the mediatorial interposition of the Government of the United States has been conditionally proffered and will be cordially accepted by this Government it would probably be conducive to the permanency of the peace to be established, to conduct the negotiation at the Capitol of that Republic It is understood that Mr Ellis the Minister from the Government of the United States to that of Mexico, has been instructed to signify to that of Mexico the desire of the United States to see the difficulties between Texas and Mexico amicably adjusted. You will therefore feel yourself at liberty with all appropriate delecacy, to confer with Mr Ellis and to make known to him pri- vately, the nature and progress of your negotiation. •There is filed in the Correspondence with Mexico an undated memorandum of in- structions to Treat in which are found the following points, not covered by letters to Bee and to Treat: ** . . . . Mr. T. will proceed to N. Orleans, and thence to Mexico either direct, or Via Pensacola or N. Y. as, circumstances/ in liis opinion may render most expedient, and adyisable. He may employ, such person, or, persons as he may, thinlE necessary to accomplish or aid in his objects, and lor fhit purpose he is authorized to expend a sum not exceeding Dolls, but, if any larger sum should be necessary it must be ooniingent, and subject to approval as will of ooi^rte he the rnaUm negotiation ....** Digitized by Google COEBESPONDENCB WITH MEXICO. 477 Should you meet a dedded repulse from the Govermnent of Mexico, it is very important that you communicate that fact as early as pos- sible to this department Indeed we expect you will be an active correspondent under all circumstances. With renewed assurances of great consideration T am Your obedient Servant DAvm G. Burnet Actg Secty of State Wright to Bee.« A Friend op Treat in New Orleans to Treat.* Treat to Lamar.*^ [Prlyate.] New York Septr 3d. 18S9. My dear General. ■ Pursuant to your own request, that I should communicate to you pri/vatelyy and frequently^ I have now the pleasure, as well as gratifi- cation, to address you, for the first time, since I took my leave. From N. Orleans, I addressd two official letters to the acting Secy of StatCj and also a private or friendly communication, containing such news as I found contained in my letters from Europe and from Mexico.* I requested Judge Burnet to shew you these communications, which I have no doubt Vas done without any delay whatever. I have now addressed, a lengthy official Letter to the Hon. Secretary of State^ which contains all the information, or remarks, which I thought could be useful, or gratifying to yourself, as well as your constitutional advisers. May I venture. General, to refer you to that communication for the information (should it prove to be so) that it may contain. I would give it in copy, had I time before Post, but fear I may miss the Columbia If I delay a day longer. I have reported myself up to the present time, and informed the Department of my intended movements, that I had been disappointed in my certain expectations of obtaining money from the Bank of the U States on my bill against your Loan Commissioners ; and in con- • August 29, 1839. See Bee to Secretary of State, April 30, 1840. * September 2, 1839 (extract). See Treat to Lamar, September 18, 1839. "A. L. S. ' One dispatch dated August 13 ; oue private letter of the same date ; and a communica- tion, the date of which has not been ascertained, returning a paper inadvertently taken from the Secretary of State's office. Cf. Treat to Burnet, September 8, 1839. Only the first of these has been found. Digitized by Google 478 AMERICAN HISTORICAL ASSOCIATION. sequence of said disappointment^ I have solicited the Secy of State to ask of you to place the sum of four Thousamd DoUars^ out of the Post Note fund at my disposal for the necessary expenses. These matters and some other topics are all treated at length, in said communication, to which I again Respectfully crave your attention. I have address'd Judge Burnet a separate and Private Letter in case the State Depart- ment should be in new hands, who might be without any knowledge of the antecedents of this negotiation. I trust my dear General, you will not find my request unreasonable, as of course means are necessary to carry out your views. I con- gratulate you, Sir, on the flattering prospects of an immediate recog- nition by France ; on the favourable influence tJiai measure will have on the British Cabinet; and as regards the negotiations of your Com- missioners in Europe; and last thd* not least on the effect it will, nay, Twast have on the minds of the Statesmen of Mexico, who must of course see the utter uaelessnesa of delaying a friendly arrangement of Difficulties, before it is too late, I anticipate. Gen Success in my mission^ and for you Sir, before you leave the chair, that Your country will be recognized by France, England, and also by the Mother Country .« Your country will then stand, on a pre-eminence, at once proud, and enviable. Pardon the haste with which I am compelPd to address you, General, and believe me Very Respectfully and most cordially your obt St James Treat To. Gen. M. B. Lamar, Houston Texas. Treat to Burnet.^ [Private and Confldeotial.] New York September 3d. 1839. Sir I beg leave to refer you to the official letter I had the honor to address you from New Orleans under date 13th Ulto; and also to another communication returning a paper inadvertently inclosed among my own in the hurry of my dispatch. In a private communication of same date I informed you of the then recent news from England and Mexico. I have now the honor further to inform you, for the information of the President, that I left New Orleans on the 15th Ulto., and pro- ceeded to Pensacola where I found the American Squadron all laid •Apparently referring to Mexico. * L. 8. Digitized by Google COBBBSPONDENCE WITH MEXICO. 479 up unta the 1st Octr. next. I left without an hour's delay and arrived at Philadelphia after some detention on the road on the 27th. Ulto., where I was detained two days to see the President of the United States Bank of Pennsylvania in order to negotiate my Bill on the Commissioners for £750, in conformity with the authoriza- tion of the President and your own directions. From the extreme pressure for money here and in England, I feared the President of the Bank might not meet Qenl, Hamilton's views, amd I therefore assured him in making the application that Ihe objects to be accomplished and for which those means were appropriated, were highly important to the Government of Texas, as well as of great interest to the prospects of the Commissioners in England ; but these assurances, as it seems, did not avail, as you see by his reply to me in the following words: " Your communication has received the most respectful considera- " tion, but I regret fo say that with every disposition to do what might " be agreeable or useful to you and those you represent, the present " state of the money market here and abroad compels this institution " very reluctantly to decline the purchase of your Bill." On receiving a negative I was of opinion that had I explained fully and in extenso to the President the objects of my mission, and he again to the Exchange Committee, I would nevertheless have succeeded. But a moment's reflection convinced me that I could not with propriety enter into full explanations which would develope the views and policy of your Government, without the exercise of too much discretion on my part; and furthermore I did not think it good policy thus to disclose the position of your affairs, even had I the authority to do so. I rather preferred adopting some other expedient to raise funds, and keep the objects entrusted to me to myself. I found it impracticable to negotiate my Bills on your Loan Com- missioners any where, and concluded to forward them for collection by the packets of 1st. inst. for acceptance and payment, and then I can of course command the amount without exposing the secret plans of the Government as regards Mexico. Meanwhile Sir, I am and shall be without any measns to execute the Presidents instructions and carry out the views of your Government until I hear from my said Bill. I therefore respectfully submit to' you, and through you to the President, whether he will not direct to be placed in New Orleans, and subject to my order, say Four thousand Dollars^ out of the Post note fund, to be used by me for my necessary expenses if my other resources fail me, and until I can be placed in funds through your Loan Commissioners, as contemplated by Genl. Hamilton and confirmed by the President and yourself. It will be admitted by all that means are indispensable, and that, since my Digitized by Google 480 AMERICAN HISTORICAIi ASSOCIATION. movements should not be suspended or retarded for want of mcmey to defray the exp^ises of the Mission entrusted to me by your Gov- ernment, it would seem but just and proper that the President should, if he deems the request a reasonable one, assent to it and direct that this be done by the first Steamer. I would respectfully further sug- gest in case this request is granted, that the money be placed in the hands of Doct. James Ritchie of New Orleans to deliver to me or my order when called for, which will only be in the event of necessity, and then only to such an extent as may be necessary and in conformity with my instructions. Col. James Love may be referred to for in- formation of Doct. Ritchie, and I name him because it is the channel through which all my correspondence passes to and from the Gov- ernment of Texas. I arrived here on the 29th inst., and have availed of the London and Liverpool packets to communicate with the Loan Commissioners very fully and at length in regard to all matters which may interest them. I have also communicated with your Representative at Wash- ington, Genl. Dunlap, and shall receive his hearty cooperation in every thing I may desire in this quarter. Genl. Henderson (now supposed to be in London) has been kept advised of every matter of importance which has transpired in Mexico and the United States, and to him I have also written fully on yesterday. On the 8th inst we shall look for the Great Western, and before that I hope to receive dispatches from your Department. A vessel is also expected here shortly from Vera Cruz, and I will then obtain from Washington the latest information from Mr. Ellis, secure the further good offices of the Govt, of the United States if neces- sary in behalf of Texas, and embark for Vera Cruz either from this port, or proceed to Pensacola, where about the 1st proxo. or before the fleet will be in motion, I can obtain conveyance which is already arranged with Come. Shubrick thro' letters from Col. Bee, to whom I write this day addr^sed at Pendleton Sth Carolina. You will be apprized of the recent changes in Mexico before this reaches you. I need only observe that Bustamente's return to power will not, as I believe operate against my objects; and the change of Ministry I think advantageous to the country as they are taken from among the liberal party and are men of talent. Gorostiza is succeeded by Juan De Dios Caiiedo as Secy of State, who is an old and intimate acquaintance of mine. Cuevas the Secy of the Interior is also a man of liberal and enlarged views; and Bustamente, with such ad- visers aroimd him, and other influences which I shall, I trust, be able to bring to bear on the question, will I have little doubt be disposed to listen to the dictates of reason, rather than hazard the alternative. At all events, as I informed the President as well as yourself Digitized by Google COBRESPONDENCE WITH MEXICO. 481 veriaUi/y it will be something to ascertain what they may be disposed to do in the way of conciliation^ or what they v)iU not do. And this information I trust I shall be able to acquire as soon as practicjable, and I have little doubt of a successful result My best efforts shall not be wanting to this end. The favorable information from Genl. Henderson in relation to his progress towards the obtainment of a recognition by France you will also have received ere this reaches you. There can be no doubt judg- ing from my advices, but the measure had been decided upon by the King and Council, and I should not be surprised if the o^iciaZ act reached here by the Steamer G. Western expected in about a week. This fact of recognition by France will no doubt produce a favorable effect on Genl. Hamilton's object as regards the Loan, and will further and more especially, as I shall use it^ operate as a strong inducement for Mexico not to forego the present (and no doubt the only) opportunity it may ever have of a friendly arrangement with Texas. I therefore think my chances of success are much strengthened by this event, as well as other circumstances. In reference to Grenl. Hamilton's probable success, I will take the liberty to remark that I have some hopes that he may make some par- tial progress in the sale of the Bonds, notwithstanding the unprece- dented sad state of the monetary concerns of England. All however depends on the next advices from England. If the Corn crop should prove a fair medium one, or something better than usual, all will be comparatively well. If it is shorty it is difficult to foresee what the consequences may be. The suspension of payments in Specie by the Bank of England ; or if not, an utter inability to render any aid to the community at large, as it will require all her means (altho* immense) to sustain herself and the Govemmt. The bankrupcy of one half of Great Britain might be the consequence of a failure of the crops. The next arrival therefore involves matters of greater interest to G. Britain and the United States, (indeed to the whole world) than were ever narrowed into the compass of one steamer. I shall not fail to apprise you of the news brought by the G. Western by first post after her arrival here and trust and hope they may be favorable. I have extended my communication far beyond what I intended, and must claim your indulgence for having done so, and also for having travelled out of my appropriate sphere in treating of matters not properly committed to my management. You will I trust con- sider that this arises only from a desire to make myself useful, so far as my position will enable me to do so. Should you not deem my communication too lengthy will you do me the favor to place it before the President. 89728*— VOL 2, pt 1—11 31 Digitized by Google 482 AMERICAN HISTORICAL ASSOCIATION. Permit me Sir before closing, respectfully to call your attention and that of the President to that part of this communication which refers to furnishing me with money for purposes already explained and understood. I would further suggest with due respect that duplicate answers be sent to Dr. Ritchie, with directions for one to be sent to me here (to be used by my agent in my absence), and the other to be disposed of according to any directions to him. I am Sir with great respect and consideration Your Most Obedt. Servt. James Treat To His Excellency The Secretary of State Texas. P. S. I had nearly forgotten to say that I arranged with my friend in New Orleans (who you know was to precede me to Mexico) to go forward the first conveyance, and from whom I expect daily to hear, not only of his movements, but the late news from Mexico, which shall be communicated in my next dispatch. Respectfully Your Obt. Servt. James Treat Treat to Burnet.« Pr mail i Via N. Orleans, j New York September 10th. 1839. Sir, I last, had this pleasure under date of 3d inst, which, I doubt not, will be in ample time for the Columbia, to sail on the 15th. inst from N. Orleans, and I hope it will reach you, on the 19tti or 20th of the present Mo. In that communication, I gave you, for the information of the President, all the information, general and particular^ that I thought would be acceptable, imder existing circumstances. I only hope, that neither the President nor Yourself will censure me for the latitude^ I have ventured to take in my advices. The principal object of this communication is to announce to you the arrival of the Westem^^ Steamer Packet of the 24th ulto, (referrd to in my last despatch) and which is now coming up the Bay. I trust her letters will be delivered from the Post office, by 1 or 2 P M. •A. L. S. * Great Western. Digitized by Google CX)BRESPONDENCE WITH MEXICO. 483 and that I shall be enabled to give you the general features of the news, at least by to days post. I therefore prepare this letter, so far^ and will add what I can learn to the closing of the mail. 12 oClk Since writing the foregoing and while waiting for my letters I have received advices pr Packet Ship l-iouisa, direct from V. Cruz, from the city to 10. and from the Coast to the 15th Ulto. So far as ray letters go, there is nothing of any moment, Except that Bustamente's new Cabinet had been completed, by the appointment of Col. {now General) Almonte as Minister of War, which I am inclined to look upon as a favourable circumstance to an amicable arrangement with' your Govmt Almonte, is shrewd, observing, and intelligent, and well knows what the true interests of his own Country requires, and having been much abroad, speaking all the languages, etc and more especially having been in the former Campaign^ will be entitled to consideration, wJien the time for the dis- cussion arrives. I shall Examine the papers, (having received ample files) and if I find any thing of moment will apprise you. Meantime I abstain from filling up any more of my space, until I get my Letters pr the Western. Septr. 11th. I was compelld to suspend my communication, as I did not receive any letters Either from Messrs Hamilton or Burnley, or from Gren Henderson, which I thought singular, until I found that a letter from Gen H. to a commercial House here referrd. to letters sent hy or m, the Bag of the Legation of the U S. in London. I have sought in vain for them, and altho' I am persuaded that such letters as are referrd. to by Gen H. (and among them one probably for me) were either placed in the Bag, or intended to be. If the former they have probably gone to Wash[ingto]n. If they have not come over, they will reach here in the Queen, to sail 3d inst Expected 19th or 20th. Whether the despatches from Gen. Hamilton or Gren. Henderson for your Govmt. are in the same predicament, I have no means of knowing. The Gen News, pr G. Western, may be summed up thus — The com crops in the south of England and Midland counties would be good, and the prospects of the North and Scotland fair. The Queen would bring them.<» . It was thought there would be an average crop. The Money Market was about in the same position. The Illinois Agents had negotiated four millions, but it was connected with a contract for Iron, and the terms or conditions had not tran- spired. The question of Recognition by France, had not progressd. since the preceding dates. It would soon take place no doubt Gren. Hamilton, I hear wrote in good spirits — ^would leave for Paris 24th Ulto. Thought England would recognize and that he should, par- • Meaning apparently a statement of the prospects. Digitized by Google 484 AMERICAN HISTORICAIi ASSOCIATION. tiaUy succeed in his Loan. This However, is hearsay; and so I give it. Pardon, Sir, the haste of my uninteresting Communication. I shall have this pleasure again in a few days, which will indoubt- edly reach this on its way.* I am, Sir with Great Respect and ccwisideration, Your Very Obt and Hble Servant James Treat. Hon. The Sect of State Houston Texas. P. S. There is a packet, for Vera Cruz to sail the 25th. Inst, being the first vessel since my arrival here. In this vessel I expect to embark. Treat to Burnet.* Via N. Orleans. New York September 18th^ 1839. Sir, I have the honor to acknowledge the receipt of your official com- munication of 19th Augt., duly at hand, which is intended (and will so be considered by me) as an addition to the instructions^ which I received personally from your hands, under date of 9th. of same month. These additional instructions are, in my opinion, important, (as you will see by my respects of 13th Augt. not then received by you) and I shall endeavour so to make use of them as to secure, to the greatest possible extent, the advantages contemplated by the Presi- dent. I last had this pleasure on the 10th and 11th inst,*' giving you the general features of the news by the Great Western, having to regret the unexpected absence of my oum advices from the Loan Commissioners and from Gen. Henderson. I am persuaded, however, from various circumstances, that I should have received letters from both the above sources, but as I have every reason to believe they missed the Steamer on the otfier side from some accident, which will be explained by the British Queen, expected in one or two days. This vessel, I hope, will not only bring me the back letters^ but later mformation of which I will promptly advise you. I have communi- cated with Col Bee and Gen Dunlap and very fuUy and freely to •That l8, OTertake It »A.L. 8. « The letter dated the 10th was written partly on the 11th. See the list glren in Treat to Lamar, September 18. Digitized by Google COBRESPONDENCE WITH MEXICO. 485 the commissioners every opp[ortunity], and in duplicate, and have left them to inform Gen Henderson of the objects contemplated by my private mission; as this would seem proper, if not necessary. The rumors, here, are that Gren. Henderson had made no further progress, since the former advices, towards recognition by France (probably owing to the King and Cabinet being constantly occupied with the affairs of the East) Thdsj I believe is founded in fact. It is further stated that Gen. Hamilton found a warm and flattering re- ception — tfiatj altho' the pressure was very great, yet he thought a favourable turn near at hand, — Tfuzt he hoped for partial success, when affairs should assume a better aspect and tha^ he felt Confident that the Recognition of France, and also of England^ would be soon obtained. This would all seem quite probablCj and therefore may be true, yet I only mention them as rumours here. Gen Hamilton would leave London for Paris on the 24th. August. We shall so soon have the advices pr Queen, that I abstain from any further comment, which, at best, would be nothing but conjecture^ on my part. I only await the arrival of the Steamer, and, meantime, also, to have an interview with a friend of mine in the Cabinet of this Govmt. (necessarily deferrd, by unavoidable circumstances) and shall then be prepared to leave, of which, and Route, I will duly advise your Department. I enclose a private letter to Gen Lamar, which I beg you will hand him, together with this communication. I have the honor, to be. Very Respectfully, And with the highest consideration Your Most obt Servant James Treat. To. The Hon. The Secretary of State. Houston. Texas. P. S. Septr 19th. Since the foregoing I have received a letter, from Gen Henderson, dated Paris August 5th 1839. It is old (compared with dates pr Steamer) but, being 10 days later than any thing I had received from him ; and supposing it possible the advices to your Department might have failed, I will Extract, what will be gratify- ing to the President and yourself. If you should be without your regular dates. " Since I last wrote you, by the Liverpool Steamer, my business has " advanced slowly, but smoothly. I hope soon to complete the Treaty " now in progress with this Govmt. So far, we have had but little ^ difficulty in agreeing, and from what has verbally passed between Digitized by Google 486 AMERICAN HISTORICAL ASSOCIATION. " them and myself I feel confident of success, without unnecessary " delay," etc. etc. etc. The above is «7Z, of any mement contd. in the letter, and I beg you to bear in mind that all communications from Gen H. to me, referring to Public matters^ is strictly confidential between us. Very Respty Your Obt Servt James Treat Treat to Lamar. « [Private and Confidential.] New York, September 18th 1839. My dear Sir. I have the honor and the satisfaction, to lay before you my own translations of two papers, which I have recently received, and which I think you will consider as favourable to the accomplishment of some of the objects embraced in my mission. No 1. is an exact, and full translation of a brief note from our private friend in Mexico to my friend and co-operator then at New Orleans, and will speak for itself. No 2. is a translation of the remarks of my friend in N. Orleans, who encloses it, and who, like myself, thinks the change decidedly favourable. My friend would embark from N. Orleans about 15th inst for Tampico, not a single vessel having sailed from N. O. for Vera Cruz, or Tampico since my departure from that city on the 15th. ulto.; hence his delay. He will be in the City of Mexico about the 1st or 5th October. If I leave here, as I intend to do, by the 25th, instant, I shall not be more than 10 days behind him. I feel confident that it will not require much time, before I shall be able to ascertain whether this disposition to enter upon Some reasonable and amicable arrangement is real or apparent. I beg leave to refer you to my pre- vious private Respects, and hereafter, I trust, I shall have more fre- quent occasion to address you, when I hope my advices will possess more interest. I also take leave to refer you to my several communications to the Hon the Secretary of State since my departure from Galveston, — to wit. from N. Orleans, under date of 13th. Augt 1839. " N.York " " " 3d Septr " U U U 44 u u iQ/ii ^Q u a a (4 44 44 44 ^8 dO '^ These will appris you of my movements and doings to the present time, and that I soon expect to reach the important field which you •A. L. s. Digitized by Google OOERESPONDENCE WITH MEXICO. 487 Sir, have been pleased to assign me, and which I shall approach with confidence, altho' not without great precaution and circumspection. Hoping Your health is perfectly restored, and wishing you mudi happiness individually and publicly, I Remain Sir, with great respect, and very cordially Your most ' Obedient Servant James Treat To Gen. M. B. Lamar Houston Texas. [Translation.] Private. No. 1. Mexico August 2d^ 1839. My dear Sir. I have been duly advised of the Plan that has been finally adopted, and that you will very soon be here with further particulars. Wmdd to Heaven it were this very day^ as, since the Govmt. is changed, (meaning the return of Bustamente, and change of his Cabinet) and Mr Caiiedo, has assumed the duties of Secretary of folreign Relations, I have prepared things in such a manner, that the matter might be concluded in four days. Let all continue to be kept secret, so as not to excite any private interests, or produce any sensation ; but let the thing be made public, only at the moment of its realization. I await to see you with great anxiety : and Remain very truly etc (signed) . To at [Translation.] Private. Extract : No. 2. Septr Sd, 1839. Mt dear Sir. I hand you herewith, the original of the last note from my friend in Mexico. Its tenor is such that, did we not know the Mexicans to be some- what variable, we should (consider) as absolutely certain our success. I wish what our friend says might be accomplished, even in four weeks, with which / should be quite satisfied. Digitized by Google 488 AMERICAN HISTORICAL ASSOCIATION. You have seen the names of Bustaraentes new cabinet, but in case you have not, I will give them. Juan de Dios Caiiedo, Secy of State for For. affairs. Luis Gonzales Cufivas, do do for the Interiour. Xavier de Echeverria, do do do do Treasury. The war Dept. riot yet filled.'^ I know them all very well. They are moderate as party men, very talented, and further^ are men of great probity of character; quite rare occurrence in that Country. I consider this change favourable to our object, because these men are all highly intelligent, and of great integrity, hence, it will be easier to convince them of the true position of the Texas Question, and L. & Digitized by Google COEBESPONDENCE WITH MEXICO. 489 Marshal Soult, and had a most gratifying interview with him. Genl. Henderson had nearly c [Copla Confldendal] Palacio del GrOBO. Nacional Mexico 11 Diciembre de 1839. Senor, He tenido el honor de recibir la Nota confidencial que V. E. me ha dirigido hoy, recordandome las diversas conversaciones que hemos tenido k consecuencia de las instrucciones que el Gobiemo de S. M. B. ha communicado a Y. E. relativamente k la cuestion de Texas. V. E. se sirve manifestamie su deseo de saber si por fin se ha tornado por este Gk)biemo alguna resolucion en virtud de las pro- puestas amistosas que en cumplimiento de sus citadas instrucciones ha hecho; y en contestacion tengo la honra de decirle que los Comi- sionidos de los habitantes de Texas serdn oydos por el Gobiemo Mexicano, bajo la condicion indispensable de que este no ha de de- sistir de la Soberania nacional sobre aquel Departamento de la Ke- publica. Aprovecho con gusto la ocasion de reiterar k V. E. etc Firmado, Juan de D. Canedo. A. S. E., El Senor Don Ricabdo Pakenham Etc, etc. etc. A true copy James W. Moore Paeenham to Hamilton.* Treat to Lamar.*^ City of Mexico Deer 12th 1839.— € P. M. Sir, I beg leave to refer you to my several letters dated at V. Cruz as late as 7th inst, and their enclosures, and also to my advices to the Secy of State, of orgl. and duplicate^ which will detail aU up to my departure from V. Cruz. I have now the pleasure to enform you, that I amved • December 11, 1839. Inclosed with Hamilton to Burnet, January 5, 1840. Printed In correspondence with Great Britain. » December [12], 1839 (extract). See Pakenham to Treat, November 5, 1840. For the whole letter, see Hamilton to Burnet, January 5, 1840, In Correspondence with Great Britain. •A. L. a Digitized by Google 606 AMEBICAN HISTORICAL ASSOCUTION. here last evening at 5. P. M. and altho' I have not been out of the House to day (being a high feast day nothing could be done), I avail of this evenings post, in the Hope of its being in time to go by the U. S. Sloop, Erie, to say, that so far as I have been able to ascertain the state of things here, they are^ as I anticipated from, V. Crm^ favour- able — that is, no door is closed against me, and I have the jield open as it were, a conference this evening with my Mexican friend (could not be to day on a/c of the celebration of Our Lady of Guadalupe) will give me further information and point out the course I am to pursue and which you shall know by next [post.] As you will readily infer from my previous advices, I have to manage with much caution and circumspecticm and this will necessarily produce greater delay than otherwise would attend my movements. My hopes so far from being diminished, since my arrival here, are strengthened, tho I am not in possession of any importaivt fact to give me this confidence, but it arises from many circumstances, which well examined and weighed shew to a careful observer how things stand. You shall hear from me evei^ other day until I can come to some conclusion. Pardon haste, and believe me very Eespty and cordially Yours etc James Treat. Treat to Lamar." [Prtvate.] Mexico Deer 12th 1839—9. P. M My dear Sir, I beg leave to refer you to my hasty lines of 12th. inst, and now fulfil my promise of again addressing you, by this evenings post. I beg leave to refer you to the enclosed documents, which you will please have translated by some confidential friend, as I have not time myself to hand you a translation, as I should wish, if time permitted. You may infer from the tenor of this project of a Law^ sent to the chambers for its sanction, how strangely things go here at the present moment in regard to what interests you and your country. This document, together with what I have before said^ will shew you without any comment how delicately I am situated, and how extremely cautious I am comeplld. to he in all my movements. This will prepare you, for soms delay ^ as I have already stated. I cannot go into explanations, now of the causes of this state of things; Butj I must take them as they are^ and make the most of them. I have only been here three days^ but it has been long enough to dis- cover something of the difficulty of my position, in the fulfilment of your wishes. How to remove these so as to proceed is my present •A. L. s. Digitized by Google C0RBES1?6nDENCE with MEXICO, 50*7 and immediate task. This done^ I shall entertain some hopes of accomplishing something ^ which I trust will meet your approbation, and that of the country. But, I cannot, my dear sir, consistently with my sense of duty to yourself^ and your Govmt. permit myself, to speak other than hypotheticdlly. I only Jinow that the courses I have adopted, and shall hereafter adopt (If I have to chxmge my measures) are^ and shall be, those in my opinion best calculated to succeed, or if unsuccessful^ [I shall] know precisely why and where- fore so that your measures may be predicated on certain and unquestionable facts and data. I hope^ without being sanguine. I must of necessity proceed slow and cautiously, for I am unwilling to hazard all at one throw. I am making progress towards som^ results, which, if successful, will yet add to my hopes. The first measure failing, I have a second^ and if that faUs a third and last^ the failure of neither one of which, shall (If I can prevent it) effect unfavov/r* dbly^ the next in course. I feel confident that the events of the next two weeks will throw further if not final light on the subject. I regret that I must still leave you in doubt^ anxious as I know you to 6e, but Sir, I rruust write thus until I can see a little further into futurity. Be patient with me, my dear Sir, and with me Hope until you again hear which shall be soon. Pardon my letter, its style and manner. I feel as If I was in [the] wrong in not addressing the proper Department, if so, you and the Hon the Secy of State would I know pardon me if you knew how I was situated etc Please present my respects to the members of the Cabinet (at a proper time) and believe me cordially and very anxiously Your devoted Servant James Tbeat Tkeat to Hamilton.® Private and Entirely 1 , , ^ ^^., ^^^^ ^ ^ , ^. , Mexico Deer. 16th 1839. Confidential. J My dear Sir I arrived here on the 11th inst, evening, but did not receive your favour of 18th ulto (covered to Mr Ellis) until llth. which was not important^ as I had the same matter, in substanwe^ in your two favours of 5th Novr from Charleston and 20th from N. Orleans.* I have noticed very particularly all you say^ suggest^ and recom- Tnend^ and have already told you from Vera Cruz, thM all your hints and observations should have due attention here when the time arrived to discuss the question at issue. You will per- * A. L. S. * None of the three mentioned has been found. Digitized by Google 508 AMEBICAN HISTORICAL ASSOCIATION. ceive by my letter to you from V. Cruz dated 6th and 7th inst how matters then stood, so far as I could then understand them, and I referrd you to my several despatches to the Secy of State^ and to Gen Lamar (the former semd official, and the latter private) for all the details of the position of things as I then could understand them. From these papers, you will perceive the difficulties which m^om^nta- rUy (at least) surround m^ and the ax^complish/ment of my objects, and at same time you will find enough to hang a hope (upon) that all tJiese^ might he overcome, as much as to say, / have hopes^ which can neither be confirmed nor destroyed^ until I reach Mexico, and see how the '^Land lies " I am now here four days and understand some- thing of the difficulties, reed and bona fide which I have to remove in order to begin fairly. I have addressd two letters to Gren. Lamar since my arrival here; say 12th and Hth^ inst, one, I hope will reach' the Erie (Sloop of War) and the other, a private Vessel for New Or- leans. Should you be in New Orleans on your return from Texas, and find them, or either of them, in the hands of Dr. James Ritchie^ it has occurrd to me that you might feel authorized to open them, or you might be expressly authorized to open see their contents and forward. Be this as it may, I now propose to give you [such] a view of the present posture of affairs here, as regards my {prospects of) success, as may enable you to be governed in your movements ojccordingly, I told you verbally^ and repeated it in my Vera Cruz letter, that my opinion was and stid is that you should not leave N. Orleans for the Norths to return to Europe until you knew the result of my mission^ by letters from^ or interview with me. This, opinion is based upon the supposition that whether I faU or succeed you and the Govnt of Texas ought to hnx)w it before your departure for Eng- land, unless indeed there should be something u/rgent — in that case letters or a messenger could follow you. Your operations, in my humble opinion, might be changed^ the views of the Govmt might be altered, a larger amt. than your preserot authority $5,000,000, might be requisite, especially if I should have the good fortune to close an arrangement. You will have seen that the movement of Ross and his party ^^ with other volunteers^ to which they attribute the success of tiie federcdists^ and the surrender of the troops in or near Mier^ (some 600 men) have produced much excitement on the part of the Govmt as well as in the public mind. The Govmt. having taken all the measures, in their power, have calld on Congress for special pow- ers to levy taxes to support the war against Texas, and to re-unite that department to the national union, etc. etc. etc. Not satisfied • Both dated the 12th, but the one written at " 9. P. M." should probably have bad a later date. > See reference to this In Hamilton to Pakenham, January 2, 1840, Inclosed with Ham- ^on to Burnet, January 5, 1840, In Correspondence with Great Britain. Digitized by Google COERESPONDENCE WITH MEXICO. 509 with this measure initiated in Congress, and without waiting for the action of that body, another project of Law is sent down by the Secretary of War (Sr. Almonte) declaring it treason against the state for any one " to write act or speak in favour of the views and intentions of the Texans; or in favour of the views of any foreign power having for its object to dismember the territory of Mexico etc The Executive is not of the same mind txoo days in successi'On^ on any important matter. The cabinet often divided in opinion and action. The counsel of Govmt. often at wctr with the views and wishes of the President and his advisers^ and the Govmt. often in a minority in congress, even in their favourite measures, and when they make the greatest efforts. The Secy of War, who acts with the President and one of his colleagues are compromitted before the Public with the initiatory measures above cited and everything, is unhinged and unsettled, the two great parties in congress^ opposing eax;h other in all important measures — OTie in Pro and the other in contra of the cabinet. Under these circumstances one would suppose that nothing could be cuicomplished^ at the moment^ nor even undertaken with the slightest hope of success. But I have (always) found, that to hrvow exactly^ the difficvZties or ones position^ is to approximate to their removed. So / amfi at work. I could not throw off my incognito (which I have managed to preserve until now) because this would compel the Govmt. to act^ and to expel me (probably) in order to act consistently with their existing and pending m^asu7\ss; and because the Press and the public would cry aloud; and the Govmt. would be charged, with the privity of my being here^ and suspected of selling Texas^ etc. etc. I could not approach Mr Paxakenham^ with, Gen Dunlap's letter introducing me officially because 1st. I understand from good authority that three times he has verbally appealed to the Govmt. that is to two or more of the ministers, offering the medior tion, of his Govmt. and has met with a sort of negative, or with indifference (at least) on the subject; saying, that until the congress had disposed of the measures recommended by the Executive, thro' the Secy of War, they must decline any acceptance of mediation, and 2d. I have not approax^hed Mr Packenha/m, because I am of opinion (from cdl I can learn) that other measures which are now in progress promise the greatest prospect of success; and until they fail, I shall hold in reserve the co-operation of Mr Packenham. There are also other, and cogent reasons for this which I cannot now enter uporh, (even were it proper) for want of time and room. Again I could not or would not sound Mr. Ellis, tho' I have seen him, and by the letters I sent him up from V. Cruz he rrmst know my object. Yet I have not [ex] changed a word with him nor will I unless he ap- proaches me, and then, even, I must be cautious. Now, none of these Digitized by Google 510 AMERICAN HISTORICAL ASSOCIATION. things could I do^ or attempt to do, without risking too much on one throw and hazarding the hetter prospect of other preliTninary measures^ which^ tho' they fail^ would not destroy the chances of the other steps^ or measures which I have for the present only deferrd. This is about all I can say, for it would be improper to detaiJ, too rruach. Suffice it to say that my ffrsft effort has been and «, to destroy, or neutralize J the two measures of the Govmt. (the two Iniciatives) ^ The first asking for ways and means to, bring Texas into the Union^ (That w, go to war with Texas) and the second^ is declaring it treason etc. to speak write, or art etc.^ If I can cause these projects to be rejected by the Deputies, the Govmt. will perceive that its views are not supported by the chamber, and then will change their ground (probably) and can be approached. And here I must explain what I have omitted in its proper place that you will comprehend the wh/>le ground. The first initiative referrd. to has tv>o counts — 1st, The Oovmt. asks for ways and means to carry on the war as above, and the second count asks congress for authority to adopt all neces- sary measures, Political and military. This word political (in the original Politico-militar), it is believed, is intended, by the Govt, to m£an authority to negotiate; That is to say, the Govmt. has askd congress for means to carry on the war and at same time to negotiate. The expression, politico, is indeed very narrow. To base authority to negotiate, either for a sale, session, or recognition; but this is one way of doing things here, as they can amplify and interpret anything to suit their views. With this explanation, you have the whole proposi- tion of the Govmt. to congress. Tomorrow I may be able to add the report of the Committee on both points, tho' not the final action of the House. Now, the Govmt. tuis been induced to ask for the second power (to negotiate) from one of two causes — viz. 1st. in consequence of Mr. Packenhams repealed proffer of mediation, which has been constantly declined (at least until the result of the action of the chamber should be known etc) or 2d. in consequence of some of the members of the cabinet having been approached on the subject of re-cognition, limits and compeTisation, by my dii^ectuyn, and thro' mA/ friends here, before and since my arrival. One or both of these motives have induced the Govmt. to ask for powers to carry on the war, or make a peace, as we will call it, for shortness and clsamess. The responsibility is thus thrown on congress, and in any event, the President and Govmt. will escape censure. If the chambers refuse the s^ipplies the Govmt. will say we asked and urged the ways and means; congress refused them; we have done our duty — theirs is the blame. If they refuse the powers political (or to negotiate), the Govmt. will say, we asked for both, powers to make war or peace. Congress would grant neither. Now the Gt)vmt. has done its diity, • See the reference to Almonte's measure In this letter, above. Digitized by Google CORRESPONDENCE WITH MEXICO. 511 let congress dispose of the whole qv£8tion etc. etc. as it pleases. So you will perceive thM the Govmt. are afraid to move any negotiation having for object a recognition or an agreement in consequence of their weakness and unpopularity^ as the opposition in and oui of congress^ would powrvce on the Gk)vmt. and try to make it a pretext for the President to cJumge his cabinet or produce a revolution. But if congress (the Deputies) throw out the whole matter^ or so modify and ham/per the views of the Govmt. as to render the measures a nuLlity (which is probable and so I hope) then the whole matter under consideration is given up^ and the field is open^ and a resolution may emanaie from the chambers and be adopted by the Senate giv- ing full and clear powers to the Govmt. sufficient to enable Govmt. to negotiate and close^ an arrangement. The Govmt. then may be induced to listen to m^, or to rwy propositions for peace and recogni- tion^ without the responsibility which would otherwise attach to them^ and if we can ajgree and the arrangement falls within the scope of the powers conferrd. by Congress on the Govmt. the matter can be closed without any further legislative action here; I will, only require the ratification in due form of the authorities of Texas^ to be binding on both Govmts. Altho' the exchange may be delayed until the pecuniary stipulation is fulfilld by Texas, say soon.^ These, my dear Sir^ are some (not all) the difficulties which sur- round us, and compel me to adopt a prudent and cautious course^ not to risk dU on the main question^ at the first^ start^ reserve a shot or two in the locker^ so that my f,rst defeat shall not be exactly final. The ground I occupy and the course I am tww preliminarily pursu- ing is to see how the question stands^ and confirm by further observa- tion how far I am rights and if I have to change my ground^ or modify my measures or not, I think I hear you say (and also our friend Love, who I suppose may be with you in N. Orleans) well^ you have a hard row to hoe; so hard that you never will get through. You have undertaken too much and I have no hopes of any favour- able result etc. To this I reply th. 'January 24, 1840 (No. 5). See Treat to Lamar, February 21, 1840. •A.L. S. fNot found. Digitized by Google CORRESPONDENCE WITH MEXICO. 539 munication, which I well knew would produce to a certain Extent the Same effect as if the Maiter was contained in the oificial note. And after two interviews with Mr. Pakenham, who had previously, and repeatedly^ Seen Mr. Caiiedo on the Subject, Mr P. delivered the despatch, three^ days since, when the Secretary of State informed Mr P. that He would advise me thro him, Mr. P. when he would receive me, the question of reception or seeing me and hearing me having been previously determined upon. From this period until this Even- ing^ I Saw Mr. P. twice, and he once calld. on me, but being out he left his card. The Secy of State has now informed Mr P that he is instructed by the President to say to Me through Mr P that he will see me at the Departmt of State tomorrow at 1. o'clk. where I shall of course attend tho not well, in Company with Mr P. If possible, tho, I fear it will n/)t be. I will send you copies of the Notes above referrd. to tomorrow^ as this letter must be prepared tomorrow Night to reach the Erie. Note In consequence of misplacing my Copying papers, I must copy this page in Ink. I have an impression in my Book, but not on the Sheet for transmission — ^this is the short remedy. It would be useless, at this moment, to give you the details of the conversations had with Mr Packenham, and those between my friend and the Secretary of State, altho' not without interest; inas- much as it is all of a preliminary and somewhat general character, and Even the most important items I can hardly qualify, or State what importance should he attached to them, until I get hold of Something myself direct. Besides, I have not time nor Strength to do the subject ample justice by this conveyance. I trust therefore, that your Excellency will be satisfied with the leading facts. By the neirt; oppty I will give you if possible the copies and such points as may be necessary for matter to be clearly understood. I should not have the proposed in^^rview to morrow, had I not specially de- sired it of the Secy of State thro' Mr P. on the ground that I had an opportunity by tomorros^s post to place letters in Vera Cruz in time for the Erie, and Mr. Caiiedo has thus indulged me, otherwise it would have been deferrd. until Next Week. This so far shows that Mr. Caiiedo is courteous to me at least. He also sent me an apology for not calling to see me, which, under the eidsting circumstances, I must overlook. So much for Mexican (Castillan) politeness. Mexico February 1st. ISIfi. Evening. After an Interview with Mr. Pakenham this morning, he accom- panied me to the Palace in his own Carriage, and presented me, at 1 P M to Mr. Caiiedo, who received me Very cordially and courteously, and Soon after Mr. Pakenham withdrew, and I remained in imin- Digitized by Google 540 AMEBICAN HISTOBICAL ASSOCUTION. terrupted conversation with Mr Caiiedo until half past 2 o elk. Mr. Canedo, made me quite at home and at once personally^ and gave me a long detail of his position in the Cabinet, its construction, prin- ciples, of action State of public opinion, difficulties in the way of rapid progress in anything^ and advert to the obstacles which he had found with the President and his colleagues, as regards the matter and manner of my reception, and he had, by using Mr. Pack- enham on the one hand, and arguing in favour of receiving and hear ing me confidentially,* and he was finally authorized by the President to listen to all I might have to Say, without saying much directly to the point. It seems that he as well as myself had, intended this as rather an introductory interview^ to open the way, gain my confi- dence, and give me some hints which he thought would be useful, and in which I had anticipated^ him. He was disposed to hear me, but, I suggested that my lungs would not, at the moment, permit me to Speak ai lengthy and that if he had no objection, I would pla/:e on paper the Views Sentiments, and wishes of the Govmt., as regards Mexico, which would be perhaps so far preferable to a verbal State- ment, that, if he found anything worth shewing to his colleagues and the President, he would have it in a Shape to Exhibit — to all which he assented. In this I had my objects and which I will not now detain You to Explain. He said however, he would see my credentials^ that he might report to the President briefly the general and introductory interview. I had in my pocket my instructions and the subsequent letter of the Secy of State and Explained that I had brought no credential Separate and independent of my instruc- tions — that I received orders from the President at Galveston, where a part of the Cabinet then were, but that the Seals of office being at Houston, and my departure urgent, the instructions had been thought sufficient, etc. etc. I Then shewed the introductory paragraph of my instructions relating to my appointment Exclusively^ and Shewed the Signature of Judge Burnet, Acting Secy, of State, remarking that the hand- writing of both papers, was entirely in that of the Judge, and I pre- sumed was well known to Mr Almonte, etc. etc. He seemed quite satisfied himself^ but stated that he knew the President would n^t be, and feared Almonte would object. He said that the Seal of State, in proof of the Signature gave validity to ones powers^ and Should according to all usuage be Separate and full for the objects intended, and that doucument alone would justify or authorize a discussion. I was obliged to admit the fact^ obvious enough, no doubt, but sug- gested Various Ways of correcting the Evil, so that no time Should be lost. He seemed willing to overcome the difficulty, so far as he • Here sometbing necessary for the construction of the sentence is omitted. Digitized by Google COBRESPONDENCB WITH MEXICO. 541 could, and promised to Endeavor to do the same as regards the Presi- dent and his colleagues, but could not positively prorrme on this point, as regards others. With Mr Pakenhams aid, I Can Manage this so as not to interfere with my progress in carrying forward the discussion to a point Verbally and by presenting the written paper referrd to. But, whether I shall reach a point where anything is to be signed or not is more than I can Venture to assert, nor can I say with certainty, whether the remedies proposed and listend. to favourably, by Mr. Canedo will be Satisfactory to the President and Cabinet, or whether Mr. Pakenham will feel disposed to help me thro' this difficulty, or not, as I have not seen Mr P. since my leaving the Palace. However, any or all these may result it appears obvious that it is best at once to forward Me a regular credential Signed by the President, and hav- ing the Seal ofthe Eepublic, and countersigned bythe Secy of State with the Seal of the State Dept.^ if any there be. This credential in the usual form will authorize me to enter into any permanent or preliminary arrangement with the Govmt. of of Mexico establishing the basis, or principles of a Treaty of Peace, limits^ recognition^ and soforth, according to instructions etc etc. This Should come for- ward original and duplica^tCj addressd. simply to Me and covered to M. Burrough Esqr. United States Consul, Vera Cruz^ and let one followthe other. If I accomplish anything, this will enable me to Sign^ and hind the Govmt. etc. If it is not wanted, I will direct its return. Should, as I take it for granted, you concur in this, let no time be lost in forwarding them. Should I remove the difficulty so far as to enable me to go on, I will advise you in a few days, when I am just informed there will be a/nother vessel from Vera Cruz to New Orleans. Should the Labour thus involved be in vain^ why, better so than lose am/ time from its delay. I beg leave again to Repeat that I think this should not be omitted asingle moment. One Copy might be directed via the Havanna under cover to some one there, to be forwarded pr. first good Vessel for Vera Cruz — the other by the -first vessel direct from N. O for Vera Cruz — if two different di- rect opportunities offer, they may of course be embraced. I said just enough to Mr. Canedo on the subject of business^ to in- duce a desire to hear more and hence operate as an incentive to Mr. Canedo to hear me through, under the proposed remedies which I shall try on monday. I have not time for more, the Mail hour having nearly arrived. I will report further in a few days by the Vessel said to be going to N. O. in a week or ten days. Your will pardon Haste, as I have been obliged to write away from my own room, and with such materials, and in such manner as I best could. I think I will be listened to throughout by Mr C. and, if I Digitized by Google 542 AMERICAN HISTORICAL, ASSOCIATION. effect nothing, I will know I think^ fully and candidly, the Views of this govmt. and hov> far they are disposed to go, If they are pre- pared to act at all. I am without any thing from you, but I hope you will soon send me something. You will have seen Mr Pakenhams letter to Gen. Hamilton ere this, hv^ you must not take all his opinions for gospel, tho' in that he may be right. He appears willing to serve my objects but I think I discover a disposition to procrastinate^ which if confirmed I think I know the object, I shall continue to use his good offices, and endeavour to merit them by an apparent if not real corresponding frankness. Hoping my operations thus far may merit your approba- tion, I Remain dear Sir in great Haste, Your Most Obt Servant with the highest respect and consideration. J Treat To Gen. M B. Lamar Austin Texas. Treat to Lamar.** Mexico Feby 1st. ISJfi. Sir, I have the honor to hand you herewith copy of the contract be- tween the Bondholders of the Engl. Bonds against the Mexican Govmt. in London, and the agents of the Mexican Govmt. also the Decree of Congress authorizing the Consolidation of the Said Bonds^ and confirming the Contract ;* and I will add by next vessel the regu- lations and instructions of this Govmt." which I could not do to-night. You will find this a Very hnportarvt document^ and which I only reed last night, and could not dispose of the copy which must be returned. Obtain a correct translcdion of it^ and it canvnot but be useful to you in your deliberations. I have no time for commierjt and remain Verry Eespectly in grate haste Your Obt Servant James Treat Treat to Canedo.* • A. L. S. *See Dublin y Lazano, Legislacidn Hexicana, III, p. 628-631. July 29, 1830. « September 16, 1837. See ibid., p. 624-628. * February 4, 1840 (No. 6), See Treat to Lamar, February 21, 1840. Digitized by Google CJORBESPONDENCE WITH MEXICO. 543 Tbbat to Lamak.* [Confidential.] Mexico Fehy ph 1840. Evening. My dear Sir. I beg leave to refer you to my late respects of 7th. 18th. 22d. and 31st. ulto. latter with post date of Ist. inst. all which, I think, will have got together at Vera Cruz, and will be forwarded to Pensacola pr. U. S. Ship Erie, to Sail as I am advised to morrow from V. Cruz. I have only Sent forward duplicates of my advices up to that of 7th. tdto. inclusive J the balance are now being copied, and will go forward soon. I also addressd. you Separately a few hasty lines under date of 1st. inst., covering a Manuscript Copy in Spanish of the contract between the Bondholders in London and the Mexican Govmt. and their Agents, together with the decree of Congress in relation to the Subject, and will soon place in your hands the instructions of this Govmt. given in virtue of said Contract and law of Congress for the Govmt of the Agents in London. I again recommend to your atten- tion said papers, as you will find by the translations (which I had not time to give you) that they are worth your attention. I will endeavor in my next to give you my views of the Matter, and Shall perhaps know more on subject then than I do now, for altho the Eng- lish Packet has arrived I have not found these papers published, and their bearing on my negotiation is such, that I do not wish to call the attention of Mr Pakenham to the subject, nor that of the Secy of State, at least until I am certain how the matter stands. It will appear from the contract I have sent you, that ^5 Millions of Acres of Land in Texas is Specially hypothecated to the bond holders, and if sold, the proceeds to go to them. This is, in addition to 100 millions, previously hypothecated generally for the same object. I refer you to the translation, at least until my next letter. I have but little of interest to add to my recent long and hasty letter of 31st. Ulto. and 1st. inst. I have seen Mr. Pakenham the British Minis- ter frequently, and he has proflferrd. since Yesterday morning to offer the Guarantee, referrd. to in my last, to Mr. Cafiedo, the Secy of State, so as to remove the difficulty arising from the omission of the formal credentials, embracing the powers intended to be conferrd. on me. Mr. Pakenham would not be able to See the Secretary until this evening. Tomorrow, I will pass a Note to the Secretary, which will be accompanied by Mr. Pakanhams Guarantee of the validity of my appointment, and powers to treat etc, until the powers I have •A. I.. 8. Digitized by Google 544 AMERICAN HISTOBICAIi ASSOCIATION. asked for in my last Should arrive^ or time Should Shew that I have no occasion to use them for the purpose of signing any arrangements. This being done^ I shall send in an Exposition of your views^ and the wishes of the Govmt of Texas. This paper I shall draw up, as near as may be in conformity with your instructions, and, Such as I think best calculated to awaken the feelings and excite the interests of Govmt I consider a written paper of this character decidedly preferable to a verbal relation of the grounds of your application for pea^e^ and the pacific views of your Govmt. As soon as I shall have sent it in, that is, by the next conveyance. You Shall have a Copy of it, and my other communica- tions to the Secretary. Mr Pakenham has treated me, thus far, with great attention and seems disposed to aid me all in his power. In fact, the more I see of him the better I like him, and my previous unfavourable impressions are in some considerable degree removed. When the Secretary Shall have sufficiently examined and weighed my Exposition I shall be prepared to submit to him propositions, should he signify a wish to receive them. I forgot, in My last to say that, aware of the influence of Mr. Almonte in the Cabinet Councils and with the President on this Topic particularly, I addressd. him a private and personal letter some days since, calculated to conciliate him in the disposal of this question, but as yet he has not replied to it, and has resented some indirect overtures which I have made to obtain a Verbal interview. He, I fear will strongly oppose my pretensions. But I will See if I cannot reach him thro' some other channel, if possible. I also omitted to Say that Lord Palmerston has directed Mr. Pakenham, to request a categorical reply to an Extract from the instructions given by the former to the latter, which was given long since to the secretary of State, in which Lord P — says clearly that they reccommend an amicable adjustment of this ques- tion, and intimites that, after a reasonable time, they shall do as they did in the case (similar) between Spain and Mexico — That is, recom- mend recognition If it is not done, England will follow her usual Laborious course and recognize. Whenever her interests require it. This is the Substance of the Note. They have only replied verbally and he will this week endeavor to get a More Specific answer. I have nothing further of interest but will write again within a week, and add all that may occur. Pardon my Scrawls, as my Copy book is bad. Hoping daily to hear from the Govmt, I Remain Very Cordially and truly, and with great consideration, in Haste Your Obt Servant James Treat. To Gen M B Lamar Texas. Digitized by Google CJOBBESPONDENCB WITH MEXICO. 545 Wright to Bee.* IiiP0cx)MB to Bee.* Depabtment of State City of Austin 6th Feby 'Jfi To Hon Barnard E Bee Sir, Since your departure the fate of our gallant Citizen Soldier Col Benjm H Johnson, and his party, has been ascertained. With a view to the more certain publication and general promulga- tion of the Presidents Proclamation "enjoining neutrality on the part of the Soldiers and Citizens of Texas, in the contest between the Government of Texas,<^ and the Federalists, on the west side of the Rio Grande, Col Johnson and his party had been despatched, that by his presence, the delusion, under which some of our citizens were laboring might be dispelled, and the policy of the President not compromited, by their misguided and imprudent zeal in taking a part against what they supposed to be the common enemy. It appears from the most authentic information, that we have been able to obtain that Colonel Johnson had executed the object of his mission, and left Carmago about the 15th Deer, last, and after crossing the Rio Grande on his way home, was intercepted, and the whole party, consisting of eight or ten persons, put to death with circumstances of fiendish cruelty, that could only be characteristic of the most uncivilized savages. It will be thus seen, that the good faith and moderation of the President, has been sealed, by the blood of some of our most worthy citizens, and a most gallant officer, who was surpassed by* none, for chivalry and patriotic devotion, to his Country's service. You will doubtless avail yourself of the circiunstances, attending the mission, and tragic fate of Col Johnson and his party, to impress on the Mexican Minister, and the Cabinet at Washington (with due delicacy however) this additional evidence of the moderation and humanity of our Government, A delicate regard for the Government of the United States*, whose friendly services as mediator had been so generously tendered, as well as a humane determination, not to extend the horrors of War be- yond the limit forced on us by necessity, and a prudent regard to our own safety, required forbid our Government taking part in the civil war, waging west of the Rio Grande. It must be obvious, that • February 5, 1840. 8m Bee to Secretary of State, Texas, April 21, 1840. • See Records of Department of State (Texas), Book 54, pp. 10-12. • InadT^tently wnttei^ for Mexlca 88728*.-VOL % FT 1— U 35 Digitized by VjOOQIC 546 AMERICAN. HI8T0BICAL ASSOCIATKW. until a pacification between our Gh>venimMit and the B^ublic of Mexico, every attempt of the latter to restrain the insurrectionary movements of the Federalists, will be wholly abortive; as the pro&- pect of a retreat on the east bank of the Bio Grande, in the event of failure, will always afford encouragement to a renewal of their ef- forts. This would be effectually and forever terminated by a treaty of Amity and friendship, between Mexico and Texas. I send you enclosed a copy of the Presidents Proclamation referred to in the commencement of my letter. Your Nomination has been ratified by the Senate and you will re- ceive by the present conveyance your Commission With great consideration I have the honor to be Your obdt servt AbNER S. LiPflCOMB Secretary of State. Honorable Barnard E Bee Charge D^Af aires of Texas Near the Govt V. States. ^0000 * mm Treat to Lamar.^ [PriTftte.] . Mexico feby. 6th. 1840. Sir, I have the honor to enclose you duplicate of my respects, of IStli into, to which I beg leave to refer you, in case the original is not at hand. I had intended, and so promised you, in my last, to send other duplicates and copies, but have just heard that a Vessel is about departing from Vera Cruz, of which I was not apprized, and I have only time now to hand you the Enclosed hoping that thds nights post will convey this letter in time to Vera Cruz for the Vessel in ques- tion. Another oppty will soon present itself, and I will embrace it to send you copies of my letters to the Secretary of State, and dupli- cates of my last. I am sorry to inform you that the Secy of State seems to have changed his mind Somewhat, and has required of Mr. Pakenham a formal and official Ouarantee^ binding his Govmt to the fulfilment of any Stipulations that Mexico and Texas fndgkt • The omitted postscript relates to Bee*s salary. » A. U S. Digitized by Google COBEESPONDENCE WITH MEXICO. 547 Enter into^ when in our verbal interview he merely required what was called a Guarantee^ but only then required to be an official letter, Stating that He has seen satisfactory evidence that I was authorized to treat and hind the Govmt of Texas within my instructions. The paper now required of Mr Pakenham is unusual^ and he with some reason hesitates about giving it. We shall make another trial with Mr. Caiiedo, and endeavor to remove the difficulty so far as to go on with our conferences at leasts until the credentials are received. This may be a pretext to gain time or procrastinate^ but we shall see tomorrow or next day — at all events, you will perceive the necessity as I conceive that the Cre- dentials Should forthwith be sent in duplicate^ and let them be ample and full, that no further pretext or Excuse will avail tJiem, If by Tampico, My letters may be covered to E. Pakenham, the British Minister and forwarded to the British consul there — ^at Vera Cruz * as the department is already advised — Under cover to the Am consul. The very fact thxit they make the Excuse of want of formal credentials will compel them to h^ar and decide "When I get them, I therefore hope they will be sent without delay and in full form. I will address Mr Caiiedo a private personal note^ urging upon him to accept of Mr Pakenham's written assurance so that we may pro- gress in our discussions. Meantime, the documents referrd to arrive. I think we will over- come the difficulty somehow or other, if it has originated with the President and Almonte^ as I apprehend. But if it is a mere pretext to gain time they may compel me to wait imtil my powers come, which I hope will be very soon. I am pretty well satisfied now that Mr. Pakenham acts with m^, or honestly labors in my hehalf — of which I had hefore some Misgivings. If I find it best to press the matter upon the Govmt^ I can find ways and means to do so, but I think this would not be politic Mr Pakenham has letters today from Gren Hamilton which I shall see tomorrow.* I have nothing from any quarter I cannot say more, indeed, I write in great Haste fearing I shall miss this post. Very faithfully Yours etc. James Treat To Gen M B Lamar Treat to Canedo.' • That l8, it by Vera Cma, etc. • One of these was probably the letter from New Orleans of January 2 and 8, 1840. See CorreBi>ondence with Great Britain. • Febi'oary 7, 1840. See Treat to Lamar, Pebraary 7, 1840. Digitized by Google 548 AMEWCAN HISTOEICAL ASSOCIATION. Treat TO Lamar.* [Prtvate.1 Mexico Fehrury 7th. 181fi. Sir I have the honor to transmit you herewith copies of letters No. 1 and 3,* which, which I have had occasion and intend hereafter, to address to H. E. Mr Canedo, Secretary of State in relation to the object of my mission, and I beg leave to submit a few remarks in relation to each communication, which I beg your Excellency will take into consideration, in perusing said letters, as without some Explanations, I fear, they might not be well understood, and perhap8 they would not merit Y. E. approbation. I am aware Sir, that such papers Should Speak for^ and Explain themselves; but I trust that when Y. E. shall have received all my advices, up to the present date, you will be convinced, of the difficulty of my position, under the existing circumstances, and therefore, that to secure an interview^ and a full hearing^ was the only way in which I could carry out your instructions, or even learn anything of the Views and Intentions of this Government as Regards Texas. To Effect these objects, (without which my mission would be en- tirely abortive) I have had to bend somewhat to circumstances, under the direction given me^ and to adopt tha;t course which I thought best calculated to secure first the primary objects above indicated. Having already explained to you in former communications the causes of my delay in approaching the Govmt. and the course I adopted during this interval, I will now submit my letters, with such brief explanatory remarks as, I hope, will prevent any unfavourable impressions which the mere perusal of the letters might leave on the mind of Y. E. and I shall be happy ^ if in view of the whole subjecty I shall be so fortunate as to merit your full approbaticm, in the prosecution of my difficvU tctsk. No. 1. is a despatch I had prepared to announce my arrival and my character « here to the Secretary of State, as soon as I thought the way was prepared for its prohable favourable reception by Government* (The first clause requires no remark) . The second clause was framed under a full conviction thal^ unless I convinced the Govmt. that my character was entirely uriknown to the puhUc^ and might be so con^ tinned^ (if the Govmt. would keep their own secrets) I should not even obtain a hearing, and hence the importance I have attached to this point. The tJdrd clause I inserted because I feared the Secretary- might be willing to talk^ while he might be unwilling to write^ and •A. L. 8 »No. 2 is also inclosed. Its omission from this Ust is doubtless inadvertent. • Tbat is, bis official position. Digitized by Google OOBEESPONDENCE WITH MEXICO. 549 hence the entire option was given him, while, as you will perceive I wanted the opportunity of a conversation with the Minister, before any definite action was had by the Cabinet. In the fourth clause^ I was desirous to say something that would favourably incline the President and Ahru/nte to give me a hearing, as I knew they were both very obstinate on this Subject, and hence I made the formal assurance of Y. E. to the President of Mexo. of desire for Peace. The fifth clause^ requires no remark. The sixth cUmse was to account to Grovmt for my remaining so long here^ without presenting myself as I knew Ahnonte was aware of the day of my arrival here, and of course presumed that he had^ or rnigJU have informed his colleagues of the fact. This letter, having Submitted to my friend for perusal, I handed it to him for delivery to the Secretary, btU it was returned the next day unopened, with the opinion that it was not Such a letter as would please the President^ being too plain and categorical^ and not adulatory enough^ or smooth enough to suit these people, and might be fatal to my application for a conference; and after some reflection No 2 : was substituted. In regard to this letter No 2^ I have but little to say. You will at once perceive that it was framed to please^ and had only one leading object^ that of so far gratifying the President and Almonte as to authorize the Secretary to listen to me, and see what I had to say; and it produced the desired effect. In fact^ the said letter is a compound of Mexican IdeaSy put in Such English as I could best adapt to the case. The result, you know^ that I was admitted to an interview, and it was agreed tliat I should present in writing the views and wishes of Your Excellency, the only intermediate diffi- culty being that now under discussion between us, of the omission of formal credentials^ which, it was admitted, could be remedied by Mr. Pakenham ; it remains to be seen today whether we shall succeed, as Mr. P. has an interview with Mr. Caiiedo at 2 P. M. Your Ex- cellency will therefore make due allowance for this Document, No 2; in view of this acclaration.^ As regards No. 3, containing the Views of Your Govmt which I have preferrd. committing to paper, that it might be seen and perused by the President and Cabinsty and perchance produce som^e effect; I hand it to Your Excy herewith, with som,e reluctaPMCy as it will shew how humhle has been the talenty which I have been able to bring to bear, on this Subject. I Sought to make it clear and intelligible and also Respectful^ and have en- deavored so to frame it, as to carry Some conviction to the minds of those whom I have to deal in this matter. I can hardly expect its Entire Approval^ but again claim for it Y. E's. indulgence and con- • This word is plainly written. Probably Mr. Treat meant elucidation or declaration. Digitized by Google 550 AMEBICAN HISTOBICAIi ASSOCIATION. sideration. I may make some alterations or variations in it before I send it to the Secretary, of which I will apprise You. It will not however^ be esserUiaUy changed. I have no time for more, and address you now in very great Ha^tCy for which I ask your favorable consideration. I Remain with great consideration and Respect, Your obedient Servant James Tbeat To Gen M. B. Lamar. ["Confldentlal/'l Copy. No. 1. Cmr or Mexico, January Hth. ISIfl. Most Excellent Sir : I have the honor to inform Your Excellency, that having been appointed by the President of the Republic of Texas Special and Confidential Agent of that Government to confer with the President of the Mexican Republic respecting existing differences, I am pre- pared to enter upon the fulfilment of the duties which devolve upon me whenever your Excellency will have the goodness to inform me of your readiness to receive me for this purpose. In the interim, I beg leave to observe to your Excellency, that my appointment to this confidential Agency, was intended to be Kept entirely Secret, and has been So Kept as far as practicable, for the . mutual convenience (as was Supposed) of both parties. I therefore respectfully suggest to Y. E. the expediency (Should his Excellency the President of Mexico concur) of still so considering it, until the result of my mission shall be devellopped, or, until the parties respectively may think proper to divulge it; and more especially, should the overtures which I shall have the honor to make (when admitted to a conference, on this important Subject) be entertained and acted upon by H. E., the President of Mexico. I leave entirely with your Excellency the manner of conducting this business, whether verbally or by correspondence; but, at the same time, I beg leave to suggest, as quite obvious, that a private interview between Your Excellency and myself may perhaps be the Most Con- ducive to a prompt and clear understanding of the Matter. Y. E. will, however decide on this point, as may appear most convenient. I trust I may so far further trespass on the time of Y. E. as to ful- fil, in this preliminary communication, one point of duty, and it may properly be considered the first. Permit me then, through Your Excellency, to inform His Excellency, the President of the Mexican Republic, that I am especially directed by the President of Texas to Digitized by Google COBBEBPOKDEKOE WITH MEXICO. 551 assure EL E. that the President and Government of Texas most earnestly and Sincerely desire a peace with Meidco, and it is firmly believed by them that the time has now arrived when thM Peace should be secured^ with hanoc and advantage to both parties. When I shall have the honor of an interview, and of presenting to Y. E. the Views of the Government of Texas, I can enter into further particvlarSy which would be improper in this comimunication. If I have not sooner presented myself to Y. E. it has been becau^ I have be^i anxiously awaiting advices that would enable me to remove entirely any impressi(Mis or Suspicions which, the President of Mexico may have entertained^ as regards any knowledge or coopera- tion, on the part of the Government of Texas, either directly or in- directly ^ in the enlistment of some of its citizens or residents in the Banks of the forces recently in arms on your Northern Frontier.^* And altho I have not yet received these expected additional and unequivocal proofs^ I can however, assure Y. E. the President of Mexico, in the most solemn and positive manner, of the negative of these apprehensions, should any such still exist in the mind of His Excellency. Meanwhile, I resolved that, without further delay, it was my duty to announce myself, to Y. E. and shall be happy to furnish the proofs^ of the assurance I now give^ whenever I receive them. I await the satisfaction of Your Excellency's reply, to this confi- dential cammumcation^ as soon, as it may suit Y. E's. convenience. I have the hcmor, to be, with the highest regards and, consideration, Y. E'& most obedient and Very Humble Servant. To H. E. Senor Don Juan de Dios Canedo, Minister of Foreign Affairs of the Mexican Republic^ Mexico. Signed James Treat. Copy No. 2. Mexico, January Hth. ISlfl, Most Exceluskt Sir: The present Age is distinguished from the past, inasmuch as we find existing everywhere Simple and natural Laws; mutual rights and interests are closely examined, and made to overcome the mere • Beferring to the co-openitloii of Ross and Jordan with the Federalists in the invasion of Mexico in the fall of 1839. See proclamation of Lamar, December 21, 1830, In Aim^M dfy ihus9ti9, January 1, 1840; Telegraph and Tewae Register, April 8, 1840. (It shoald be noted that.the available flies of the last mentioned paper have a gap from December 25, 1889, to AprU 8, 1840.) Of. NUe^ Register, LVII, p. 354. Digitized by Google 552 AMERICAN HISTORICAL ASSOCIATION. prejudices of men; and the welfare of all is duly weighed and Scrutinized, more with a View to the future^ than the present \ so that^ true Glory is now^ only Sought in those measures of pacific policy, dictated by the Superior lights of the present day. War itself has not now for its object devtrntatiorij as this motive is detested, even by those farthest removed from the scene of action, because in point of fact this would be to retrograde or, at least, sus- pend and retard civilization and the happiness of mankind. Texas believes herself entitled to general consideraticHi, because she is perfectly convinced of these salutary truths, and She cannot believe Mexico so unjust as to be governed by principles, which would eclipse the glory she has already acquired by her past acts, as well as the reputation for prudence and circumspection for whidi she is so much distinguished among the Nations of the late Spanish America's. In view of these convictiwis, in which it is gratifying to render due justice to Mexico, Texas despatched at the coimnencement of last Year An Agent to Mexico, for the purpose of establidiing a good understanding, between the two countries upon a rational and permanent basis, which would secure to each a friendly intercourse, and all the advantages of reciprocal commercial relations, together with those good feelings, which would present to the world the most flattering aspect. Texas might have adopted a different course, but she was unwill- ing thus, to resent her injuries, and, while she deplores the paft misfortunes of her people, she has the Satisfaction of not having abandoned those principles which in 1836 induced her to bury her griefs, rather than cause injuries to Mexico. Mexico had received abundant proofs during the preceding year of the pacific disposition of Texas, one of which was the observance of the most rigid neutrality in the Struggle between Mexico and France ; • and, notwithstanding this, Texas saw with regret its Agent rejected in a Manner so different from what might have been ex- pected, in view of the considerations she had manifested towards the Mother country. This, circumstance would have exonerated Texas in the estimation of the public from all responsibility, and justified her in acting independently in all her subsequent measures, without any further considerations towards a people who appeared to be, under the influence of unworthy motives and antipathies. Texas, notwithstanding all those circumstances, is disposed to satisfy fully her own principles, and is therefore, unwilling to run the slight- est risk of misconception, as regards the principles and feelings of the Mexican Government, which, perhaps, was prevented (on the occasion o The attack on Vera Cnu by the French, Norember, 1838. Digitized by Google CORRESPONDENCE WITH MEXICO. 553 referred to by the Undersigned) frmn acting otherwise, either in con- sideration of then existing circumstances, or probably in view of doabts, which there was no opportunity to explain. In view, therefore, of the preceding reflections, and animated still by sentiments of good will towards the Mexican Republic and its Ck)yemment, the undersigned has been appointed private special and confidential Agent of the Gk)vemment of Texas, (acting for the present with due Secrecy and reserve) and he is fully authorized to present himself to Y. E. and enter at length into the Views prin- ciples and wishes by which it is animated, as well as to discuss and arrange all matters which may be considered of mutual interest to both countries. The Undersigned, congratulates himself on having arrived in this Capital at a period when the Supreme 6ovmt. of Mexico has received the most positive assurances, as regards the impartiality of the conduct of Texas in the recent dissentions, which unfortunately have occurred in some of the Northern provinces, and he flatters himself that this circumstance in connection with various others, propitious to both countries will Secure a favourable reception to the request he has the honor to make to H. E., the Secretary of State and of foreign relations, that H. E. will have the goodness to grant the undersigned a private conference, in which he can present his credentials, and refer briefly to the objects of his mission. The undersigned has the honor to subscribe himself, with the highest Respect and consideration. Your Excellency's Most obedient and Very humble Servant Signed James Treat. To H. E. Sr. Dn. Juan de Dios Canedo, Secretary of State and of foreign Relations. Copy No. 8. [Feb. 7, 1840?] • Brief Exposition of some of the reasons in favour of the expediency and policy of a prompt and amicable arrangement of existing difpr- cutties between Mexico and Texas^ and a Speedy Recognition of the Independence of the loiter^ on the part of the former^ under Treaty Stipulations^ which Shall Secure a permanent pea/ce; a fixed hound- ary; a/nd aU the consequent advantages of a free and well regulated intercourse between the two countries. In the first place, Texas, most sincerely and earnestly desires a peace with Mexico, which shall be lasting and honourable, as well as •The date, with the brackets, 1b penciled In. Digitized by Google 554 AMEBICAN HI8T0BICAL ASSOCIATIOK. beneficial, to both parties; of which satisfact<»ry proofis mi^t be adduced, were they deemed necessary, And, In the Second place, Texas most fully and firmly believes that, in asking Mexico for a peace and recognition under Treaty provisist^ so that my interviews have been Short, and our conversation confined to the immediate point at issue, or the subject very generally; but next week, I shall have a long and full conversation with him on all the points in- volved, and act then as may be deemed most advisable, in view of Mr. P'^. opinions. I also remark as Very obvious that I hope to re- ceive your further advices and commands, if any^ soon, indeed daily, — ^and at all events^ before the question comes to a prelimmary issue with the Secretary, under the course. I have herein condition- ally marked out as my probable course, subject to such modifica- tions as may grow out of a further and fuH conference with Mr. Pakenham and also subject to any variations that may arise from your further advices, which I await with great anxiety and almost impatience. I shall examine more closely both the letters from Gen. Hamilton to Mr. Pakenham particularly the last letter,* which, being written •The first, which was dated November 18, 1839, has not been found; for the second* dated January 2, 1840, see Hamilton to Burnet, January 5, 1840, in Correspondence with Great Britain. Digitized by Google CJOEBESPONDENOB WITH MEXICO. 563 on his return from Texas Should be considered as in conformity with the views of Govmt. so recently ascertained by tiie Gteneral — but at the Same time I think I ought to anticipate your advices in con- formity with those of Gen. HL — ^if his views to Mr. P. are those entertained by yourself and Government. I shall await them, that w, your despatches, for my better Govmt. in the prosecution of the inter- est of Texas, as regards my correspondence with Mr. Canedo, and as regards the joint action of Mr. Pakenham and myself; or at least, to enable me to receive his advice and opinions, without the risk of run- ning counter to the wishes of Your Excellency, or the advantages of making the Most of our negotiations, at this mteresting period. Mr. Pakenham considered the letters from Gen H. satisfactory — that w, Mr. P. is satisfied that the views given him by Gen H are authorized, and in conformity with his powers or authority, but at the same time, they do not authorize Mr. P — to act authoritatively, for he can only say, if he desires it, or if we think it good policy for him to assume anything, as regards Mr. Canedo, and the negotiation which is now generally opened. I remark that in this case Mr P. can only say I am authorized by Gen. Hamilton to say, or do or pledge thus and so. The question may be put to Mr P. — and who is Gen H? We hnow nothing of him ; and that would be a case parcdel to my own, for they virtually say who is Mr. Treat? The answer is a confidential agent with powers to treat. They reply where are his credentials? The only difference is thM should they say this to Mr P, he might say I Guarantee this — So and So. This however he has declined, in my case. I make these remarks for the purpose of adding, wJiat I know would be gratifying to Mr. P and that is that the Department should address him direct and say to him what they desire him to do. This would relieve the difficulty entirely. Then his assertions and state- ments, would have their full and due weight with the Govmt. There are two courses which suggest themselves to my mind: one is that the instructions (in conformity with Gen. Hamilton's letters to Mr P. or otherwise, as Your Excellency may determine) shall come to me (should they not already be near at hand) and Mr Pakenham re- ceive a copy of them at the same time with your request thro' the State Department requesting his good offices in my behalf to carry out views And wishes, through to an issue and that Mr. P. be further requested, that if he can act in the premises more efficiently with this Govmt. than I can, in consequence of his official character and con- sequent influence, then he may consider the instructions given me as to him and he may act with my knowledge and concurrence, ( as we should not probably disagree). In this cases, if my credentials came, as I take it for granted they will, I do not see that they can in any way refuse to confer and treat with me directly^ and in this case I should always have the counsel and advice, opinion and co-operation Digitized by Google 564 AMEBICAN HISTORICAL ASSOdATIOK. of Mr. Pakenham, whom I should of course consult. Or, if the Gov- ernment or your Excellency desire or prefer, to authorize Mr P. to act directly and independently then instructions can go direct to him, and you will then please in- [form] me, how far my instructions are cancelld, or superceded by those of Y. E. to Mr. P. or if I shall act jointly with him in the business. I have only a moment to Subscribe myself, in Haste and with great Consideration, your Most Obedient and Humble Servant James Tsbat To M. B. Lamar Aitstin Texas. Treat to Canedo.** Treat to Canedo.* Treat to Lamar.^ [Confidential.] Mexico Fehruary 16th. 1840. My dear Sir. I have the pleasure to wait on you with the enclosed duplicates seven in number, being (with those already transmitted) copies of all my letters to you, except one of the 7th. inst, a^icompwnyin^ and Explaining three copies of Letters, written to the Secy, of State, Mr Canedo, one of which only had been sent him up tathe above date. Duplicate of this letter and the accompanying papers No 1 and 3, I shall have the honor to transmit to you in a few daysy to- gether with other copies of same character, all which Shall then be explained ^^ More lengthy as by this days post I have only time to prepare this despatch. Hereafter, my duplicates shall follow their originals more promptly and regularly than heretofore. As the season is advancing, and the weather becomes milder, my health is better, and I shall not have, I hope and tntsty this difficulty to con- tend with. The copies, I send you herewith were taken by a foreign Grentleman, a friend, who is entitled to my entire confidence. The originals were all written in great haste and confusion, when my health was quite indiflferent, and I therefore claim your indulgence • February 10, 1849 (No. 7). See Treat to Lamar, Pebmary 21, 1840. •February 12, 1840 (No. 8). See Treat to Lamar, February 21, 1840. ? A. L. S. Digitized by Google COEBESPONDENCB WITH BiEXICO. 665 for the mattevj as well as manner^ of their contents and execution. With the copies^ I trust, they will be found intelligible. By my late advices, up to 8th inst it will be Seen how I then Stood with the Govmt. or the Secretary of State. It is now pretty obvious that the vaccinating course of the Secretary, and his determinations of one day, varied or changed the next, all have had their origin in the desire of this Gentleman to avoid any official contact with me^ as your recognized Agentj hence^ the notice taken of the omission of my credentials (altho' this was rather to have been anticipated under all the circumstances of the case) and hence^ after a^ssenting to the plan suggested of considering Mr. Pakenham's Letter, which as pro- posed would have been an official communication to the Secretary of State, assuring him that he Mr P. was entirely satisfied with the validity of my appointment, and that any thing I might propose within the limits of my instructions would, in his opinion^ be ratified by your Govmt., if adopted and ratified here. Whilst I was led to suppose th^ this assurance from Mr P. would be amply sufficient to relieve me from the want of my credentials^ until they should arrive, It resulted, at the next interview that the Secretary Seemed to expect that Mr. P. was prepared to bind his Govmt. to the ratification of any arrangement, all no doubt to avoid the responsibility of meeting me. A sort of arrangement was then proposed by Mr P. thoit my commu- nications, to the Secretary Should go through Mr. P. who would be responsible, or vouch for them, as we progressed, in the business. This latter arrangement had been previously arranged between Mr P. and myself, in case of necessity. Wishing to bind him to this arrangement before he should again change his mind, I addressed him a sh/yrt note (copy of which with others I will transmit in a few days) in which I expressd. my regret that the Guarantee required of Mr P. was not such as he thought he could with any propriety give, and assenting to his plan of receiving my written communications, promising him tfuit I would in a few days address him at lengthy conveying the views and feelings of the Govmt. of Texas, as regards the matter under discussion, as we had verbally agreed upon etc. etc. On Mr. Pakenham's delivering the Secrftary this letter, he again, became unquiet^ and Said that Mr P. had misunderstood him, that communications signed by me (tho' simply with my name, and vyith- out any title of Agentj etc.) was what he wished to avoids as this would be to treat with me as agentj and altho' he was personally and individually satisfied of my appointment and powers, yet I had pre- sented no credentials which would justify him, as the organ of Govmt. to open a discussion with me^ on the apparent objects of my mission. But that he had intended to say, that Mr P. might hand him any paper or communication he pleased touching the matter at Digitized by Google 566 amebicXk historical association. issue, that he would receive it, and place it before the Govemmnt for their knowledge. The Secretary adding [that] these communi- cations of course will be without Mr. Treats signature, and I • shall receive them as prom Mr, Pakenha/m etc etc Nothwithstanding. all thia^ the Secretary retained my letter duly signed by me, and officially addressed to him as Sec^ of State; and on yesterday I handed Mr Pakenham my Exposition (essentially a copy of that sent you under date of 7th. inst. an exact c(^y of which I will send you^ in a few days,) but, that the Secretary should have no pretext for returning it, either before gc after personal perusal^ it was thought best that it should not be addre^ed offlciaUy to him, nor should it bear any signature at aU. Mr. P. [said that he] would present it yesterday or today ^ and we agreed that he should (the Secretary) be allowed Some days, for its examination and translation, before we again approached him on the subject, as it was desirable that it should [be] laid before the Presi- dent and Cabinet, and have their consideration and deliberation, Mr P. thought best to shew this Expose to the Secretary for the Home department, a man of intelligence and influence with Uie Presi- dent, before, handing it to the Secretary of State. I, shall not see Mr P. until tomorrow, to know what, if any thing, the Secretary may have said on its delivery. I take it for granted it will be received, but what effect it may produce, time must shew. Thus, Sir, I have given you the facts of the case, and how this very simple matter of approaching the Me2dcan Secretary has been pro- longed and twisted about, by the fears and apprehensions of a timid and vasciUating; (tho' Very gentlemanly) personage, at the head of foreign Affairs in Mexico. You can. Sir, draw your own inferences from the statement already given, but should perchance my opinion and version of the whole matter be esteemed of any value, I will give it to you. ' 1st. The present Govmt. or Cabinet could not refuse to hear me in some way or other, for they had authorized Mr. P. before my arrival to say that if commissioners from Texas appeared, they should be heard. This, however, I only knew very recently, and besides this, they were no doubt apprdiensive of the consequences of any direct refusal to listen to me, coming to them Secretly. 2d. They are nevertheless, afraid to have it known by the Public that they are entertaining the Subject of any arrangement with Texas, while they are endeavouring to raise money thro' Congress^ as th^y say, to reduce Texas to order; and the opposition and San- tana's * party would make a great hue and cry, and the members of the Cabinet might lose their places in consequence. In otJier words, « Cafiedo. » Santa Anna/s. Digitized by Google COBBBSPONDENCE WITH MEXICO. 567 they are too weak as a government, to Stand any new shocks which might faU upon them if they were openly to favour an arrangement. 8d: Consequently, while they are compelld., as it were^ to hear^ but are obliged to hear Secretly, the Secy, is obliged to Shield Mm- self and the President and Cabinet under Mr. Pakenham^s wings — so that If the Secret (at present) of my being here with powers to make proposals Should leak out, caid the Govmt. be called upon to say whaty if om/ thing, they have done in the Matter, they can Say they had nothing to do with the Agent, whose powers were not com- plete, but that Some overtures had been made by Mr. Pakenham^ to whom they were obliged to listen, as he had been directed by Lord Pahnerston to make mquiry as to what this Govmt. intended to do, etc, etc. and thus cover themselves from the effect which the opposi- tion would endeavor to produce against the present Ministry. Knowing this to be the dUenmui of the Govmt. I have been disposed to assent to every thing that has been required, and go for my first main object, that of placing before them Your Views, and compelling ihem thus to gvoe ear to your views and wishes. Of course, I would not, ^ under Such circumstances, stand upon any matter of form, whidx would stand in the way of a hearing of my case. So /or, then, I have succeeded^ in my first objects. In speaking of the Opposition party^ that is, the Leaders of the Federal party here^ opposing this administration in any amicable arrangement, You must not under- stand me to say they oppose the Texas question, or any part of it, on its merits; hut they stand ready to pounce upon every thing the Govmt do, to render it wnpopuLwr^ and endeavour to bring about a reactionj and they would of course, avail of this Teteas question^ if they could, to excite the popular feeling against the Ministry and President, and if possible, would hurl them from their places, while the moment they the liberals get Snugly in place, they would no doubt treat in earnest with Texas for Some arrangement. 1 am most th^oroughly satisfied that Gen. Bustamante and the whole of his Cabi- net are entirely convinced that they can never re-conquer Texas — and thatj so far as the good of the country is concerned their best policy would be to recognize at once. Settle all pending questions, and secure the indemnity now proposed. But, as the men in power are acting for themselves, and their continuance in office, and under party views and dictation, the present or future good of the Country, is the Secondary consideration, but not the first, by any means. The present administration is not very secure. They have been in power now six months, and, in my opinion, it would not be strange, if they did not complete this year. Yet there is no such thing as calculating in advance on a/ny thing. They are so changeable, and there is so much open corruption and demoralization in ciJl ra/nJcs of Society, Digitized by Google 568 AMEBICAN HI8T0BICAL ASSOCIATIOIT. that mens opinions are anything hut fixed — ^they may be what you please today ^ and to-morrow converted, aM should be ALL this Gov- emmeni is willing to propose. I trust that ere long I shall be further enlightened by your additional instructions rendered now not only very desirable^ but almost absolutely necessary, and Espe- cially if you have adopted the views communicated by Gen H. to Mr Pakenham as regards an armistice, until April 18il^ conditioned that this Govmt meantiTne agree to negotiate a peajce^ Recognition^ and boundaries. Pray, my dear Sir, give me your further and full views and wishes when you send my credentials, or if not dxyne already^ immediately on receipt of this. I have not had the full con- versation I promised myself with Mr. Pakenham, but shad next week, and will then report the result. I have not received a Texan newspaper or letter since my arrival here. I am most anxiously awaiting some arrival from N. Orleans at Vera Cruz — ^which I am sure must bring me something from you. I hope my request about funds will have m^t your sanction^ and that I shall soon be so apprised. I remain with great Bespect and consideration, Your obedient Servant, James Treat. To Gen* M. B. Lamar Texas. Digitized by Google 570 AMEBIOAK HISTOEICAL ASSOCIATION. Tbxat to Lamab.^ [Confidential.] Mexico February 2Ut. 181ft. My deab Sir: Under date of 7th. instant, I had the honor to address you a ccwn- munication, covering three papers^ No. 1 and 3, being copies of letters sent^ and intended to Jiave been forwarded to Mr. Cafiedo, Secretary of State; with stcch explanations as I deemed necessary to a correct understanding of the position of things here and the motives which, induced said CommunicaticHis ; all which, with my subsequent and separate advices of 8th. and 15th. instant, will give you the mmute details of this part of my proceedings, with Govmt. I have now the honor further to wait on you with Translations No. 4 and 5, and copies 6, 7 and 8, which will complete my lett^^s thus far to Mr. Canedo. And I beg leave to adopt the same course in transmitting to you th^se papers, as when I forwarded the first three of the series — viz., that of brief explanatory comments on eack^ for the same reasons given you in my former letter of 7th. instant, to which, and documents enclosed, I beg reference in connection with this letter and its enclosv/res. No. 4. is a Translation of a private letter to Mr. Canedo, which will mainly explain itself. I was re- stricted by circumstances of policy from saying much in my letter sent to and received by Mr. Canedo, marked No 2. {It being substi- tuted for my ownj marked No i) and I thought that a private friendly letter, in which I could say what I pleased without com- promitting Mr. Canedo as Secretary, Would, or liight, produce a good effect, and in no way do any harm. It was well received and verbally acknowledged through Mr Pakanham with satisfactory reasons for not giving it a formal reply. No. 6. Translation of a private letter to Mr Almonte, which, in like manner, may sufficiently explain itself. But, permit me here to remark as regards this Gentleman that I had made two passing at- tempts to obtain a general and friendly interview with him, which he had avoided, and I knew he would, as a member of the cabinet, know all my movements, and doings with Mr. Canedo and the Gov- ernment Knowing, moreover, that he would be opposed to my objects, at least, at the com/mencem^nt, and in proportion as he found this opposition, met with the support of some of his colleagues, and the concurrence of the President; and further, being informed h>ow far he had committed himself with Congress i^i sending down from his Department the Iniciation of ways and m^eans to carry g) on the subject. Digitized by Google 572 AMERICAN HISTORICAL ASSOCIATION. If the Secretary intimates a wish to receive the propositions to which all this tends, they shall have them, after due consultation with Mr. Pakenham, of course. If the Government choose to rest here for a while, I may find it very convenient, for in the mea/ntime, I shall not he idle in bringing such influence, to hear on parties as shall be calculated to produce a good effect. They are Slow; and this is a frightful subject. Let them become a little more familiar with it, and let congress Reject the two projects before them, and I shall hope, then, for som^ action, soms approximation to the subject, and perhaps something like a disposition to arrange the matter on some reasonable hatns. Meanwhile, I still remain unknown to the public, as having anything to do with the Government or with Texas; and this enables the GovTnt. to weigh and reflect upon the question, without any interference, on the part of public out door opinions, or the criticisms of the Press. All which is Very respectfully submitted, in the h/>pe that the course I have adopted thus far, may meet with the favourable con^ sideration of the President and his constitutional advisers. I Remain, Dear Sir, Very Respectfully, Your most obedient and Humble Servant, Ja3Ies Treat. To Gen. M. B. Lamar Austin, Texas. [TranBlatlon.] Mexico January iJ^th. 1840. V'Private and Reserved."] My dear Sir. In sending you, as the proper organ of the Government, the accom- panying communication in relation to an important subject, I cannot do less than to address you a private note, in view of the friendship and good feelings which has heretofore existed between us, which, on my part, I have not forgotten, nor shall I soon forget. If there was a time when you have known me interested in the welfare of Mexico, I am not less so, now. If when you best knew me, you was satisfied that I was a man of honor, frankness, and good faith, you may now repose in entire confidence that you will find in me still the same honourable principles. I have been much gratified to find that in the fulfilment of the duties which I have assumed, in regard to the subject matter con- tained in my other comnmnication, I shall come in contact with a person whom, I have before known, and, who has known m>e; inas- Digitized by Google COBBESPONDENCE WITH MEXICO. 573 much as it will thu8 be more Satisfactory to discuss this question, even altho' it may not increase the probabilities of its happy termina- tion. What I beg of you is that you will believe me when I assure you that if I have accepted the mission to which I have referred, it has not been exclusively to render a Service to Texas, but (dso because I thought I should be rendering an important one to your own Country. On this point, it would be easy to satisfy you, which I can do here- after. What I desire is that the Government^ of which you are a dis- tinguished Member, Should listen to the sentiments and wishes of the Government of Texas, and weigh the reasons there are in favour of an amicable arrangement^ before you decide upon a question which, // / do not greatly err^ is one of great interest, in any point of view in which you may consider it In fine^ I wish to have the pleasure of contributing with my Very feeble efforts^ united to your own, which are very^ if not all-powerfvl^ to the adjustment of the differences which exist between the two countries, and I believe the present the most opportune moment that can ever present itself to effect this object. So much the more satisfactory would the fulfilment of these wishes be to me, as I most firmly believe, that the true interests of your country will be promoted by the pacific termination of this question. But^ be this as it may, permit me to salute you individuaUy^ with all that regard due to the friendship and confidence with whidi you have honoured me in times past and to reiterate the respectful considerations to which you are entitled, from your former^ as wdl as present friend, And obedient Servant etc. etc. eta Signed James Treat. To. Mr. J. D. Canedo, etc. etc. etc. P. S. You will pardon the haste with which I address you — neither my^time nor health will permit me to recopy. [Translation.] No. 6. " ConftdentiaV^ Mexico January Hth. 181fi. My dear Sir. It is now some weeks since my arrival in this city, and, if I have not yet had the pleasure of seeing you as I desired, it has been be- cause I apprehended that on your part^ you was disinclined to a friendly interview^ which I have inferred^ as soon after my arrival at the Capital I sent you a message with my personal respects through our friend Commodore Lopez, to which I received no reply. Digitized by Google 574 AMEBICAK HISTORICAL ASSOCIATION. But whether this inference is correct or not, I take much pleasure in addressing you these few lines, renewing the intimacy and friend- ship with which you have honored me for so long a time. If I may be permitted to assume that there is no good reascm why we should not now be as good friends as ever. I will, then, be candid, as I am accustomed to be, and say to you without circumlocution that I am here as an Agent, entirely confi- dential and reserved for the present, of the Government of Texas, to confer with that of Mexico touching an amicable arrangement which will put an end to the differences which now exist between the two countries in a manner honourable and advantageous to Mexico, as well as Texas. Today or tomorrow I shall address the Secretary of State in rela- tion to the objects of my visit, soliciting a private interview^ as, I am inclined to think, is most advisable for the present^ I am aware that this announcement will not surprize you, and I am furthermore fvUy persuaded that the position you occupy in the Gov- ernment; the particular knowledge you possess in relation to this subject ; and the great influence you possess with the PreSdent and your colleagues in the Cabinet, will give your opinions much weight in the determination of your Government, as regards the matter in question. I say this, because I believe it. Under these circimistances, and with my opinions already before you, I address you this letter, in the hope that you will, as Minister and an ardent well wisher of the future prosperity of your country, take into consideration, this business, and reflecting thereon with your usual intelligence and patriotism, you may perchance satisfy yourself that the time has now arrived in which your Government may 7wt only listen to the friendly and pacific views of the Govmt of Texas; but, also, when measures may be adopted conducive to a good under- standing with your Northern Neighbors, and thus put an end to your mutual differences, and avoid the inconvenience of a prolonged struggle. But, whatever may be your opinions in regard to this question, and altho' I may have erred in thus anticipating your views, I trust you will listen to and weigh the reasons and advantages which may be justly alledged in favour of an honourable and advantageous ar- rangement to both parties. It would be Very gratifying to me to be able to contribute to the final and satisfactory arrangement of so interesting a question both to Mexico and Texas. You will yourself render an important Serv- ice to Your country, if you view this subject as I think you wiU. By co-operating with me in the use of your influence for the same laudable and patriotic purpose, and thus securing the advantages now attainable by Mexico, and also avoiding the sad consequences which might result from leaving matters as they now Stand, Digitized by Google 00BBB8P0NDENCB WITH MEXICO. 575 While I submit the above remarks to your candid consideration, I assure you that, in so doing, I am animated by no sinister design but act in entire good faiths and also with the best wishes towards your own country. You will pardon the liberty I have taken, if it be undue, and accept the sincere protestations of my friendship and consideration. Any reply you may think proper to send me may be addressd. to me at No. 10^ Vergara St. I Remain Dr. Sir Your Most obt Servant Signed Jas. Treat To Sr. J. N. Almonte. Copy. No. 6. Mexico fehruary ith 18^0. Most Excellent Sir. In the interview with which Your Excellency honoured me on Saturday the 1st inst, at the Department of State, Y. E. adverted to the omission of my formal credentials under the seal of Texas, and the remedy was suggested that under the Guarcmtee of H. B. Majesty's Minister resident here, this omision, (arising altogether from accidental circumstances which I explained to Y. E.) might be supplied, Until said Dociunent in due form should be transmitted to me, according to my Special request forwarded to the President of Texas, on the day of our conference. I have now the Satisfaction to inform Y. E. that having con- ferred with Mr Pakenham, H. B. Majesty's Minister, and he has verry kindly offerred the Guarantee required, being in possessicm of satisfactory evidence other than that contained in my instructions that I am duly appointed and constituted private and confidential Agent of the Government of Texas, for the purpose of Entering into an adjustment of existing differences between the two countries. Mr. Pakenham, who will hand you this note will at the same time arrange the Guarantee^ so that I can tJien^ as agreed upon, proceed to place before Your Excellency in writing the Views and wishes of the Govmt. of Texas, more at l^igth, than I had an opportunity of doing in consequence of my indisposition, when I had the honor to see Your Excellency. I avail of this opportunity, to offer to Y. E. my very respectful consideraticms, and highest regard. I am Y. Es. Most Obt and Hble Servant Signed James Treat. To H. E. J. D. Canedo. etc. etc. etc. Digitized by Google 576 AMEBICAN HISTOBICAL ASSOCIATION. Copy. No. 7. Mexico fehy 10th. ISlfi. Most Excellent Sir. In the Interview with which Y. E. honoured me, on Saturday the 1st. inst at the Department of State, Y. E. adverted to the omision of my formal credential under the Seal of State of the Govmt. of Texas, and the remedy was suggested tluU under the Gnarantee of H. B. Majesty's Mini^r resident here this omission (arising altogether from accidental circumstances, which I explained to Y. E.) might be supplied, until said credentials^ in due form, should be transmitted to me, in conformity with my Special request forwarded by duplicate to the President of Texas, on the day of our Conference. I regretted, however, to learn from Mr Pakenham, on Saturday last, that he could not with propriety give the Guarantee required by Y. E. to relieve me from the difficulty above cited ; Y. E was pleased to inform me, through H. B. Majesty's Minister, that any written communications I might think proper to address Y. E. on the Subject of my confidential mission woufd be received throught the medium of Said Minister. I therefore embrace this early opportunity to Salute Y. E. and to remark that I shall have the honor to transmit to Y. E. in a few days, and through this Same channel, the sentiments and views of the Govmt. of Texas more at length than I had the opportunity of doing verbally on the occasion of our interview, and in conformity with our understanding at that time. Meantime, I have the honor to subscribe Myself, with great req)ect and consideration, Y. E. most obedient Servant, Signed Jas Tbeat. To H. E. J. D. Canedo, Minister^ etc. etc. Copy. No 8. Mexico february 12th. 1840. Most Excellent Sir. In the interview with which I was honoured by Y. E. on the 1st. instant, my indisposition prevented me from communicating to Y. E, except very brieflyj the Views and Sentiments of the Govern- ment of Texas and Y. E. at my instance was pleased to say that I could present them in writing opportunely: I now therefore have the honour, to subjoin the following: " Brief Exposition " — (Here follows the paper, which I had pre- pared for this purpose, and at the conclusion I inserted, as follows) Digitized by Google COBBESPONDENCE WITH MEXICO. 577 The Undersigned has omitted to State the propositions he is au- thorized by his Government to Make to the Govmt. of Mexico, as perhaps improper to make in this communication. He will, however, present them in writing whenever his Excy. the Secretary of State Shall be pleased to intimate to the undersigned his readiness to re- ceive them. Note. The Exposition^ has been forwarded as No. S^ under date of 6th feby. The paper sent in is essentially the same^ with a few umm- portant ormsisons. True and Exact Copy of that sent to the Secre- tary shall be transmitted with Duplicates of the other corrnnMrdca- tions connected therewith in a few days. Tbeat to Lamah.*' [PrlTate.] Mexico february SSd. l^iO. My dear Sir. I have nothing of moment by this Post beyond what you will find in the a/^companying communications. I received a long and satis- factory letter from Gen. Hamilton, dated at N. Orleans, 3d. January, which I have replied to at lengthy on the 20th. inst.f and, shall again address him whenever I can inform him of further progress. I am most anxiously awaiting to hear from you, or the Department^ as, if Gen. Hamilton's suggestions and recommedations both to Mr. Pakenham and myself are in accordomce with the views of Govern- ment^ then^ of Course^ I must expect new and corresponding ^ instruc- tions from You. I hope and trust, it will not be long, before I shall have the satisfaction to receive them at length. I need not again call your attention to the contents of my several late despatches and the request for my full credentials and further instructions ; as I doubt not, they will be on their way ere this reaches You. I have heard Very recently that the plan of Government is to place on or near the frontiers from 5000. to lOpOO Men (as they best can) in the Expectation that they can tfien^ negotiate ^ on a more advantageous footing^ and obtain better terms and conditions than they can now expect. I should not be surprized if they should, desire to do this; but their ability to carry out the project on the score of means, I doubt very rwuch; even if Congress Sanction the measure^ which at the present moment May perhaps be questioned. If I find this idea well grownded^ I will further advise You, and in the mean- time I only mention it as a rumour^ based probably on the wishes of Govmt, rather than any fixed determination. • A. L. S. * No copy of either of these has been found. 39728*— VOL 2, pt 1—11 37 Digitized by Google 678 AMEMCAN HISTOBICAL AS800IATI0N, For my own part^ I do not heUeve they hare c(»ne to any determina- tion whatever on the general question of Tmos. When they oi^er- come their -first diflBculties, that of making up their minds whetJier they can Safely take hold of the question in earnest^ and decide ?u>w this delicate mutter is to be approached with safety to the popularity of the Cabinet and President^ then they will decide what will hesit suit their purposes. Then they have to depend on Congress for means to prepare for hostilities, if that be their course^ which it will be difficult for them to obtain. If they are disposed to treat in Sober earnest^ then^ they will re- quire the authority of Congress to negotiate. If, a« / Iiopej they wisely come to the latter determination, I think Congress will gramt the powers. If Govmt. are so timid that they are afraid to ask openly for powers to negotiate, then we must bring out the proposition from some a/i^i- Administration source^ and let enough of the Gotfmt. in, each House go for the measure as, with our friends will carry it through both bram^hes. To some oTie of these results, the matter wUl probably come sooner or later. TMs is my own impression at present. From Canales, we know nothing certain^ the accounts place him beyond the Rio Bravo. Arista is, with about 1000 men, at Monterey, CanalizOy with some 1200, in Matamoras, and Ampudia has, say, 600, in the same Vicinity; making about S800 Troops^ say 3000. Two thirds of this force might march to the del Norte in pursuit of Canales, put matters right on the frontier, and be on the Spot in readiness to form the Nucleus of the new invading Army; or the Division to alarm Texas into a liberal peace, and perhaps restricted boundaries: that is, if they can carry through the views attributed to them. WJiere the money is to come from^ I know no^, even to maintain the forces already there; and the Senate has, on the 17th, inst, re- jected the bill from the House asking for provision amd means to enable the Government to " Restore Texas, to the National TJniork^ It will, perhaps, be modified in the House, and if it obtains a two thirds vote; it can return again to the Senate, otherwise, not. We shall see. The French Minister has arrived, and was received day before Yesterday. His name is, Baron AUeye de Ciprey. Mr De LisUe, is indisposed. I Bemain, Sir, with regard and consideration Your obedient Servant. James Treat. To Gen. M. B. Lamar — Texas. Digitized by Google COBUSPONDEKCB WITH MEXICO. 579 Tbbat to Lamab.^ [Confidential.] Mbxioo Feby. eOth. ISJfi. Sir, I have the honor to endose jo\x by this day^s post the following Duplicaiea — viz., Dup. of my respects of 7th. inst covering dup^ copies of papers No. 1 and 8 inclusive: also Dup. of my respects of 21st. inst. covering dup^ copies of papers No. 4 to 8 Indusive : and Duplicates of my last two communications, under dates of 15th. and 22d. inst; to aU which I beg leave to refer you, in case their originals respectively should not have been received. I send the above with this letter to Vera Grus by this evening^s post^ but it will depend on circumstances whether they all go in one^ or are divided between two different Vessels^ bound to N. Orleans^ and they will complete the duplicates of all my letters, up to the present date. I am still without any advices frcxn Yourself or the department, tho' I am daily expecting them. I learn indirectly that Dr. Ritchie had received my despatches^ up to 20th. December, previous to 13th Jany. and I trust my subsequent letters home all arrived safely and promptly. I regret that I am not able to report farther progress in my affairs since my last of 22d. instants All we know is that my Exposition has been translated and sub- mitted to a CcAinet eounselj and StiU remains under the consideration of the Qovmt without any reply whatever to Mr. Pakenham. I presume the Govmt. have been veiy much occupied on business of preference J as they have received news from Tuoatan and other points which is imfavourable to the continuance of tranquility in that Departmient. Mr Pakenham will press the Govmt. to an early decision on his own account J as he is very desirous to transTnit some determination to Lord Pahnerston. I presume during the coming wedc we shall hear something from the Secretary. The advices from Yucatan above referrd. to State that the revolu- tion that has been on foot there for some time is making serious head- way, and it is feared the whole department m^y concur in the grito for fed^ation* It is said that troops are to be sent from Vera Cruz. It is difficulty to learn facts here^ but the next arrival will give us something decisive of the first movement. Private letters speak of the movement as Very general. An abortive movement at Perote and another on the South Coast Shew that the elements are in com- Digitized by Google 580 AMEBIGAN HISTOBIOAL ASSOCIATION. motion. The death of General Cortazar^ Governor and commandant general of the Department of Guanahuato^ which State, has always sustained its independence and never bowed to Centralism^ leaves a Vacancy J which it is difficult for the Govmt. to fill without some disa- greement with the local authorities and Troops. A Sort of Rupture [has occurred] between Arista and Candles who were negotiating an arrangement or an armistice. And the con- tinued labours of the opposition and St. Anna's party give the Govmt. many unquiet moments. I regret all these things, for they are aU calculated to fetter the hands and distort the heads of Govmt and render them more timdd as regards our affair. The measures before described Still hang in Congress. The Texas, hill has not yet been called up for discussion since the committee of the House, withdrew their report, and changed the tenor of the con- tribution. The Bill declaring it Treason to advocate the rights of Texas, and that abridging the liberty of the Press^ are both still pending. The faie of all three of these measures may be considered doiibtfuL The two latter, the Govmt. will not press. The former they would like to carry, as it would give them means, tho' it is doubtful if much of the amt would go towards renewing the War against Texas. I have heard nothing since My last about the rumoured project of Sending 5000 or 10000 Men on to the frontiers. It has all probably been forgotten in the Multiplicity of other Matters of more imme- diate consequence. It is further Stated, that Mr Almonte, is de- sirous, to go to London as Minister; and Mr Canedo will go to Wash- ington as Commissioner, under the convention between this Grovmt. and the U. States.** I should not be surprized, if both these reports Should prove true — ^particularly the latter, Tho' I wish the form,er might take place forthwith, as his influence against us would tJven Cease. I am Sorry I have Nothing of greater interest to commimicate, hut So it is. / hope in my next I shall be able to say something more cheering. The french Charge Mr De Lislle will be obliged to r^nain here some time with the New Minister. Very Respectfully Your Most obt Servant James Treat To Gen M B Lamar Texas • Of April 11, 1839. See Treaties and Conventions of the Vnited States, etc, 67^-679. Digitized by Google COBBESPOia>£NC£ WITH MEXICO. 581 Subnet to Tkeat.® Republic of Texas Department of State Atistm 12th March 18Jfi. Jaues Tbeat Esqr Sir, I have the pleasure to acknowledge various communications from you directed to the President, the most recent bearing date the 8th Ulto. This Government has omitted to address you heretofore, because of the peculiar delicacy oi your position. That obstacle to a free inter- course being removed by ihe formal disclosure of your Mission to the authorities of Mexico, It affords me great pleasure to be again the mediimi of conununication between the President and yourself. During the late session of Congress the President completed his cabinet organization, by inviting the Honorable Abner S. Lipscomb into the Dept. of State. Mr Lipscomb being at present absent, on private business, at the special request of the President, I again take temporary charge of the Department. We have been much gratified with the zeal and prudence you have manifested, in the discharge of the very important and delicate duties committed to you, and the President requests me to assure you of his cordial approbation. A commission as Agent with plenary powers is herewith trans- mitted, authorizing yx>u to negotiate a treaty of Recognition, amity and boundaries, and to stipulate for the future making a more ample Treaty of Commerce etc, It is not thought advisable to embarrass the present preliminary negotiation with any of the little but often vexatious questions relating to the commercial intercourse with Na- tions so situated in juxtaposition as are Texas and Mexico. If Mexico is sincere in desiring peace, the Government of Texas will always be disposed to reciprocate every benefit which the respective interconmiunications of trade may confer, but these must be ad- justed as between independent powers. I enclose you an official Letter to Mr Pakenham, to whom we feel under many obligations for the very frank and honorable manner in which he has assisted your efforts. That the Government of Great Britain will eventually realize important benefits from the separate independence of Texas in the hands of the Anglo Saxon race is a fact too obvious to escape the discernment of so intelligent a Gentleman as Mr Pakenham, and he has wisely anticipated events by imposing essential obligations upon this infant Grovemment, which it can never cease to recognize and appreciate. •See Records of Department of State (Texas), Book 54, pp. 14-17. Digitized by Google 682 AMBBICAK filStOBlCAL AfiSOCIATIOK. I do not know that any further specific instructions are necessary. The future and permanent harmony of the two powers requires a well defined line of demarcation. The Rio Grande presents one and is eminently adapted to the purpose. You will freely consult with Mr. Pakenham and so far as may be practicable without jeopardizing the ultimate objects, you will con- form to any suggestions he may make relative to the fin^l disposition of the consideration to be paid to Mexico. This Government can have no objection to the British holders of Mexican bonds deriving an incidental benefit from the negotiation in which you are engaged. But we believe that even great Britain has an eventual beneficiary interest in the success of your efforts, which will be paramount to any present advantages that can accrue to those bond holders, and that therefore the appropriaticm of the instalments to their benefit should not be permitted to embarrass seriously your principal operations. You are informed that certain Chiefs of the Federal Party are in arms in the vicinity of the Rio Grande, and that some Anglo- Americans have united with them. The President, in strict con- formity with his professed desires for peace, very promptly issued his proclamation, enjoining all Texian citizens to abstain from hostili- ties against the Government of Mexico,** a copy of which he trans- mitted to the Chief of the Anglo Americans who were imderstood to have joined the Federalists, by Lieutenant Col. Johnson the Assistant Adjutant General of our Army. That gallant Officer with his escort, was intercepted on his return by a large party of Mexicans, and cruelly put to death. This is an event not calculated to assuage the feelings of a people already provoked by unwarranted and un- christian Massacres, or to soften the rigors of the War should it be actively renewed. But in as much as this atrocity is reported to have been perpetrated by a desultory band of ruffians without the express authority of the Government, the President will not regard it as an insuperable obstacle to the proposed negotiation. But it may be considered as an infallible assurance, that if hostilities are to continue, they will be conducted with increased animation by an indignant people who know how to avenge a wrong which they would never commit With great regard I have the honor to be your Obdt Servant David G Burnet Acting Secty of State P. S. Your letters were received on Yesterday. • Bee note *, p. 551. Digitized by Google COBB£8P0KI>EN0E WITH MEXICO. 583 Bepubuc of Texas. DKPAimdBNT OF StATB City of Austin IMh March ISlfi To His Excellency RiGHABD PaKENHAM Mirmter of Her Britanic Majesty to the Govem/ment of Mexico^ Sir, The President has learned with sincere gratification, the interest you have been pleased to manifest in the overtures made by this Government, through its confidential and worthy Agent Mr. James Treat to arrest the shedding of blood, by the negotiation of a Treaty of peace and of limits betweea this Bepublic and that of Mexico. Mr Treat is now furnished with full and regular Authority to enter upon such negotiation; and any aid which your Excellency may afford him will be thankfully acknowledged, and any relative guarantee which you may feel it proper to offer to the Government of Mexico will be fully and faithfully ratified and redeemed by this Government. General James Hamilton has also been confidentially empowered by this Government to treat with Mexico, under an impression that a negotiation might possibly be commenced in London, and I take pleasure in assuring you that any Communications that Gentleman has made or may make to you, have its entire sanction and authority. The President requests me to tender you his cordial acknowledge- ments. With great consideration, I have the honor to be Your most Obedient Servant David G Burnet Acting Secretary of State Burnet to Pakenham.' Betubuc of Texas Department of StatCj Austin 12th Mar Jfi To His Excellency, B. Pakenham, Sir, I pray you will pardon the liberty I have taken to enclose to your address deq>atche8 for the Confidential Agent of this Govern- ment at the City of Mexico. • See Records of Department of State (Texas), Book 64, p. 19. Digitized by Google 584 AMERICAK HI8T0BICAL A880CIATI0K. I find my chief Authority for this priviledge, in the frank and honorable manifestations you have -already given of your humanity and good will towards us. With high consideration I have the honor to be Your obedient Servt DAVm G BUBNET Acting Secty of State. Commission of Treat.* [Empowers James Treat as special ccxnmissioner and agent of Texas to negotiate for the recognition of the independence of Texas, for a treaty of peace, amity, and boundaries, and for a future treaty of friendship, commerce, and navigation.] Propositions of Texas to Mexico.* Bases of a' treaty between Mexico and Texas.* Treat to Lamar.' [ConfldentUL] Mexico March 25th. 1840. Sir, My last respects were under date of 29th. Ulto, Copy of which I have the honor to hand you herewith. I am aware that I have suf- fered an unusual period to elapse since I last had the pleasure to address you ; but I had previously written you so often and so much without being able to communicate any thing more than my fre- liminary movements^ conjectural progress^ and Such general infor- mation as I considered most important and authentic, that I had resolved I would await untU I could Say Something more definite^ or perhaps more Satisfactory. But you will bear in mind that these are a Very Slow people^ and that m/y business is not common plaice, but diflScult. Before I pro- ceed to fill up the Vacant period of my Keport to the present time, permit me briefly to dispose of s(Mne of the principal topics referred to in my last respects, that you may better judge of the general situa- • March 12, 1840. See Records of Department of State (Texaa), Book 54, pp. 17-18. » March 21, 1840. See Treat to Lamar, March 27, 1840. « [March 21, 1840.] See Treat to Lamar, March 27, 1840. 'A.L.S. Digitized by Google COBBBSPONDENCE WITH MEXICO. 586 tion of the Country, and the position of the Government, both which have an important bearing on all the leading measures of the Gk)vmt. and especially on the Subject which alone claims my attention. The Revolution of Yucatan has gone through the whole peninsula, or department, with the exception of the City and Port of Cam/peche^ where the Garrison and people Shewed a disposition to defend them- selves, and even march against the Revolutionists, at the Capital of Merida. Our ri'ext advices will inform us whether they have Surrendered^ are are besieged, or have Made some peaceable arrange- meuL The motto of the Revolutionists is Federation^ under the old Constitution^ until amended by a Convention. Four Hundred Troops have embarked from Vera Cruz, but no information of their arrival has been Yet received. They may be intercepted, as it is said the federalists have an armed Brig off Campeche. The Smaller movements on the South Coast continue, and particu- larly a recent one at Zelaya^ a Town in Guanahuato, the Extent of which is not exactly known. Candles is organizing a sort of Contention in which all the States or departments are invited to be represented, on the 1st. May. Of course^ they must f/rst throw off the central Yoke by a Revolution. The bill So long before Congress to provide Ways and Means to restore Texas to the union was finally lost in the Senate a few days since, by an almost unanimous Vote; two thirds and Two more hav- ing Voted Contra. The bill against the liberty of the press was, submitted to The Supreme Court of Justice for their opinion, (which they sometimes do, in important matters, altho' their opinion, has no binding force on Govmt. or Congress) and they were unanimously against it. It remainds to be seen, whether Govmt. will still press it upon Congress. The hiU declaring it Treason to talk or write about the dismem- berment of the National Territory; or promote, the Views, and interests of Texas, stUl lies dormant^ and I presume never will be recuMtated. I have now reason to think that- Mr. Cafiedo, the Minister for foreign affairs^ will not abandon his situation at the head of the Ministry for any foreign Post. Three appointments are to be made for the United States : viz. — a minister to supply the place of Mr. Martinez Pizarro deceased '^ and two Commissioners under the Convention Indemnity.^ Of the lat- ter, one only is appointed, Mr. Pedro F. del Castillo. Thus you See that the Govmt. has its hands full in the direction of the domestic concerns of the Nation. The President, and Cabinet, as well as many of the men in Con- gress and the other departments of Govmt think that peace and vn- • See note •, p. 680. Digitized by VjOOQIC 586 AMEBIOAK HISTORICAL AfiSOClATIOK. temdl tranquility are the first things to be attained and that it is justifiable to ViolMie the Constitution^ and oommit ohviaw^ tho' tern- porary^ injustice, to attain these objects. Their promisesy for reform and improTement are ample, but they are Slow in the Execution of them. The other party ^ Called Federalists are diyided into tv$o ; one, the Moderate and amalgamaticm party, and the other the Exalted* (Bx- altados) or Violent party, who wc^d destroy the Ecclesiastical party and influence at a single blow. The Leader of the former is Pe- droMsr^ and the laJbter^ Farias. Yet hotk are called Federalists and liberals^ and belong to the opposition, or progressive party, now so called. Here you have the leading parties in the country. As regards St. Anna, he has a Small party only, and is cont^it to oppose the Govmt without either of the other parties being wUling to adopt him as belonging to their creed, and principles. He always likes to belong to his own party ^ where he can conirovly and when not^ goes on the Strongest Side, where he can promise himself the most influences, or remains Neutral. Under these circumstances, you will readily perceive Sir, that my progress must necessarily be comparatively Slow. Still some slight advances have be^i made since I last reported, which I will detail in another letter to accomfoay this. I will here add that I am StUl without any advices from yourself or the department of State, which I am most anxiously and daily expecting. On the 16th. instant, I received from Col. Love two Letters, dated 8th. and 12th. Jaryy^ forwarded me by Dr. Ritchie from New Orleans, under date 1st inst, being the only advices I have from Texas since my arrival here. They were brought by the Creole^ arrived at V. Cruz 11th. inst. The U States Bevenue Cutter, Woodbury, arrived just before in four days from N. Orieans; and Sailed again forthwith without my knowledge. She brought nothing but despatdies for Mr Ellis, and took away the Ratified Convention. This latter is the only vessel yet sailed from* V. Cruz for N. O. during the present month. Referring you to a Separate Communication which I shall address by this oonveyaneey I have the Honor to be with the highest respect and ConsideratioB : Your Most obt. and very Hble Servant. Jambs Treat To Gen. M B. Lamar Austin Texas. Digitized by Google C61tBfiSP0NDENCfi WITH MEXICO. SSt Tfi£AT TO LaHAR.^ {Dnplioate. CoHfldentlal.] Mexico, March 27th. 181ft. Sir, Referring to my respects of day before Yesterday, I now proceed to inform you of the progress made in my affairs with the Government Since my last report under date of 29th. TJlt. I have before remarked that it was deemed good policy by Mr Pakenham, as well as myself, to give the Govmt. ample time to consider and reflect upon my Expo- sition, without pressing the Secretary for any reply thereto, believing (what has since been verified) that the longer they had it under con- sideration, the greater effect it would produce on their own minds; and the greater opportunity would be afforded to enlighten themselves on the general question by consulting their friends out of doors^ and becoming more and more familiar with the subject^ which, in the first instance,^ could hardly be adverted to so extremely a delicate matter was it almost universally considered. For the above reasons, and, because the Govmt. have been much occu- pied with the Unquiet state of the Country and an expected movement in this city which caused the guards to be doubled and the Troops under arms for Some week or ten days ; there has been greater delay than I wished for, or anticipated ; altho' I am well satisfied that this delay has produced some good results, as Mr Pakenham, myself, and friends have not been Silent nor idle on the question at issue, and Some changes of opinion have been brought about. About ten days Since, the Secretary of State broached the Subject to Mr. Pakenham, and Stated, in substance, That the paper, or ex- position, has been translated, and placed before the Cabinet, where it has been duly considered. That, being an Ex-parte argument and without containing any propositions, he would receive any further Communication, containing the propostitions of the Govmt. of Texas ; and they would then have the whole Tnatter before them. Mr. P. assented ; stated that I was ready to present the propositions, I had been authorized to make to the Mexican Govemmt. ; and was only waiting, an intimation to that effect, from the Secretary. After some further conversation Mr P. took leave, with a request from Mr Cafiedo that he would be glad to See Tne. Three or four feast days ensued Consecutively, and having mean time met him at a public Ball, he invited m^ to call, and named the day and hour. I had an hour and a half uninterrupted conversation with him. He not only re- peated all he had said to Mr. P. but went much further. As in the case of our previous interviews, this was not only con- sidered unofficial, but confidential. •A. L. s. Digitized by Google &8§ AM&ttlOA^ HIStOElOAL AdSOOtATlOK. He said he had no objection to inform me privately, and tndz" vidually [of] any thing and every thing I might wish to Imow, in rela- tion to the object of my mission, satisfied that I was fully entitled to his personal confidence, and would only use the remarks he might make to me with the Executive of Texas, in my communicaticms, and then it must be understood as confidential^ and that no publidiy should be given to any opinions he might utter, or information he might Communicate to m^ as above. He then proceeded to State his own individual opinion (favourable to an amicable and prompt arrangement.) The opinion of the President is wholly opposed to recognition, but would perhaps assent to an Armistice; and in like manner, the balance of the Cabinet — ^vrz: Almonte, opposed to any inmiediate action, and probably wishes to negotiate at the Head of an Army. The Secretary of the Interior reserves his opinion until he informs himself further. And the Secretary of the Treasury, having no opinion of his own on this Subject will be Governed by the majority. The Secretary then informed me what he had done to Secure for my mission a full consideration and perchance some result that should approximate the wishes of Texas. He had furthet consulted the opinions of distinguished men of the Councils of Govmt. and others out, of oftice, and written to some out of the city. That he had found some to concur with himself, others willing to do something, less than recognition; and others who were opposed to any arrangement. He hxid become convinced that Something must now, or soon, be done. As regards Congress, he said. No calculation could possibly be made with any degree of Certainty how they would act, if any proposition touching this mat- ter was placed before them. If it emanated from Govmt. it would be certain to be opposed by the opposition. That he had laboured much to keep the subject open, and give it all the impulse he could, but that, as the Cabinet was a sort of Unit, he could &nly by his own personal and official influence endeavour to gain, in favour of the general question, sufficient supporters to justify the Govemmt, in acting on the subject, whenever public [opinion] Should be prepared for the question. Shall we Surrender Texas? That in consideration of this State of things, and other considerations of similar bearing which he had related very fully and very frankly And, (as I think,) very truly, he was free to say to me then that he did n/)t believe the Govmt. could or would accede to the Main question, viz — Recognition. That they had no objections to do somethdng towards your widies and prevent hostilities until the time Should come round, when the Govemmt could act with more freedcan and certainty of Success; and when the public feeling would justify an open and public negotia- Digitized by Google COBAESFONDEKCE W^TH MEXICO. 589 tion. Said something, about an Armistioe, and the willingness of Govmt. that the dctudl state of things might continue without the Surrender formally of its sovereignty. So much for the Secretary's friendly and candid Expose^ which / viewed as given with great frankness, and in all good faith. Had his objects been sinister^ I am quite Sure, I should have discovered it. He closed on his part by Saying thait^ in his opinion, the time was not far distant (he could not even intimate when) but he would say, ^'not far distant ^^ when the exciting difficulties might be removed, and the question entertained with a very great degree of Certainty of Success. He then said that he should be glad to receive my propositions, that of course I might ask or propose whatever my instructions authorized, without regard to this conversation; That he should do all that he could, considering his position to promote the object gen- erally but that it would not do me nor the question at issue any good for him to insist on any particular point beyond those which might be agreed upon by the Cabinet^ whose unammity was desirable on any points that might finally be adopted. That I might consider myself fully authorized to call and see him whenever I pleased, and If I wished a long interview^ to send him a Note, and he would appoint a time. I do not consider my remarks on this occasion, of much importance, and especially as I was for the most part a listener. Suffice it to say, for the present, thM, considering his whcde conversation as entirely and beyond question a true and candid exposition of the real State of the question and its difficulties, /, of course, gave it my apparent credence, and so far as I had any occasion to Speak, manifested a corresponding personal frankness and confidence. Having no secrets myself, I could not confide anything to him; but I said in Svhstance, That this matter of Peace between the two countries involved, of course, Recognition; — Th/zt, I had hoped to find the stability of the Government and the 'state of the country Such that the question could be taken up at once and discussed freely; and that the popularity of the Govmt. and the intelligence of Congress as well as public opinion, would Support the Executive in any honourable and advantageous arrangement. That the question with the people of Texas, as well as the Govmt. was a very simple one. They had been several years in quiet possession of the Country. Had extended their jurisdiction over that part which they now claimed. Had established their Govmt. on a solid foundation. Had been acknowledged by two powerful naticms — and her resources and means of defence, as well as offence, gave her full confidence, that die could defend all she now as^ for from Mexo. Digitized by G.oogle 590 AMSBIGAN HISTORICAL A8S0CIATI0K. Under tfieee circumstances she had ccmie to Mexico, after long for- bearing to do am/thing to weaken her claim on the Mother country for Peace, and proposed a liberal indemnity for Recognition and the only rational, or permanent boundary, that can be adopted between the two countriea That I was sorry to find there was not power, or fortitude enough in the GoTmt. Departments, to take the question up, as a Matter of business, and decide it at once on principles of reason and sound poUey. That I could well anticipate the disap- pointments that the failure of my missiwi would- produce in Texas, etc. etc. etc. By4; that, not withstanding, I would present my propositions in behalf of the Government of Texas, and through the usual Medium of Mr. Pakenham. I reported this interview to Mr. P. and requested Aim, to throw himself in the Secretary's vray, and furnish him an opportunity to repeat what he had said to me, which was done, and the Same frank- ness and candour pervaded the whole conversation, So that Mr. P considered the Secretary's Expose entitled to full credence. I consulted Mr. Pakenham and submitted to him the Proposi- tions I had thought best, under aU the circumstances^ to submit to Govmt. which he approved of and enclosed them in an o-fflcial letter to the Secretary two days Since, and was promised, that they should, have dv>e course^ as Understood. I have the honor to enclose you a copy of the propositions referred to, marked A, for your information, and, as I hope, approbation. The object in thus reducing it to a Single proposition was to test the Main point, viz Recognition, and I considered my best policy to leave the two other points Blank viz : Boundaries and Consideration, hoping that the naked question, of Recognition, (without a defini- tion of boundary or naming compensation) would stand a better chance of favourable consideration and perhaps prevent a pnHnpt and absolute return of the proposition as wholly inadmissible. Besidesj Mr Canedo knows, and so does Mr Almonte, very weU^ (and if the rest of Cabinet do not, the Secretary of State Can, ♦/ A^ thinks it good policy^ inform them) that the Consideration cannot exceed four and a half or five Millions of Dollars ; and the limits re- quired are the Rio Bravo del Norte. Had I filled up the Blanks j I should have Said : Four millions, and Bio Bravo del Norte. There are some circumstances calculated to operate favourably on this Tnain question^ which is the main difficulty. My friends, who are at work, (very cautiously, but with scmie effect) report more favourably as regards the opinicms of others; and Mr. Pakenham was informed by the Secretary (since / have seen the latter) that Digitized by Google COEBESPONDENGB WITH MEXICO. 591 even the President had become more tractable or leM obstinfltQ, and that the Texas gicestion^ had lost some^ of its terrors^ at least; aU which^ is the result of time in whidi to think and reflect; for they are notoriously a slow people in every thmg^ and when hurried, of course^ always go against your views. Hence^ time is indispensable to effect anythmg^ h^re. Notwith- standing all this I anticipate a return of or answer to^ my proposal, as inadmissible on account of the Alienation of the Sovereignty of the Territory. This^ is my own opinion, of course^ mainly fetmded^ on the Secretary's private opinion^ and communications, to me as well as other concurring testimony and circumstances^ The most I can reascmably hope for 4$ that they may suspcoid any decision or absolute negative, Ofid usk that the blanks be filled up, as without thatj they have not^ in fact, the whole matter before them. // so J I shall fill them as already Stated ; Bio Bravo and fottr mdl- lions^ as it will be weU enough understood that " Four " means four and a half to Five; in case there are Tto incidental Expenses attend- ing the negotiations which^ under any circumstances, there must nec- essarily be, and probably heavy. Of course^ a broad margin should be left for this contingency^ should it occur. ThiSj then^ is the present State of the question^ and if the proposi- tion as already made^ or, when amended^ by filling up the blanks; Should be absolutely rejected^ I presume the Secretary wiU then present Some counter-propositions Stating what they are willing to do, and perhaps holding forth some future prospects of Becognition, and proposing meantime an armistice, under certain conditions, etc, etc. etc. In fact^ the Secretary himself did not know exactly what these views were^ or would be, on being discussed in Cabinet; but intimated Very generally something like the above. These counter propositions, whatever they may be, I shall receive, and engage to forward, or convey myself, to the Government of Texas; aitho^ it muy be in violation of the letter of a part of my instructions; for I am Sure it wUl n^t be contrary to the tenor and spirit of the Whole. This done^ I shall, of course, rest until I have the honor to receive your further views and instructions; and shall be happy if they, will enable me soon to pay my personal Bespects to the President of Texas. I am now in daily expectation of advices from the Department which will give me sucih further instructions as may have arisen, from a change in your views; for, as I have before remarked, the letters from Gren. Hamilton to Mr. Pakenham, before his arrival at and, especially since his departure from Texas, shew dearly that an arrangement Would now be assented fo verry different trota What my instructions contemplated at their date. Digitized by Google 592 AMEEICAN HISTORICAL ASSOCIATIOK. The Mediation of G. Britain an Armistice of Six^ or Twelve Months^ with an understanding that Negotiations should be opened in Lon- don or Washington^ were not the only points, tlien^ to be Secured. But as I must so soon now hear from you in reply to all my letters and requests, it is useless further to comment on these points. Soon, very soon, after receiving these advices^ I think, I shall be able to leave, unless my instructions shall otherwise direct. I shall not^ however, leave my post while anything can be done to promote the interests of Texas. I am, however. Very anxious to leave this ele- vated region, where my health has suffered, and stUl is suffering WMch. My general health is quite good, but my Chest and LvaigSy feel sensibly this veiy peculiar clim/Ue and aimjosphere. I must close in haste, as the Mail hour is pressing, and therefore the letter referrd. to at the commencement of this as dated, 25th. will not go by this mail but by the next post^ as I have no time to finish the Copy. It will, however, / think be in time to go with this. Very Respectfully, and with great Consideration, Your most obedient Servant. Signed James Treat. To Gen. M. B. Lamar Austin Texas A. Copy. The Government of Texas has duly authorized the following intro- ductory propositions to be presented to the Government of Meodi^o for its consideration and determination. — To wit, 1st. The Govmt. of Texas Solicits of the Govmt. of Mexico a Recognition of her Independence, with such boundaries as may here- after be agreed upon between the parties. 2nd. The Grovmt. of Texas offers to the Govmt. of Mexico, in con- sideration^ the Sum of Millions of Dollars, to be paid as may hereafter be agreed upon between the parties. City of Mexico, March 21st 1840. Bases of a treaty between M and T. The government of M. will acknowledge the independence of the T. republic, comprised in the space located between the rivers Bravo and Sabine. The government of T. impulsed by peaceful dispositions and wish- ing to put an end to the war, agrees to pay M. the sum of ^ . . . payable in 6 years, with an interest of 5% a year, payable Wf yearly, fcr which M. will be allowed to draw immediately on thj^ oovLc^hisioii Digitized by Google CJOBBESPONDENCB WITH MEXICO. 593 of the treaty engraved drafts of $1000 each, which shall be accepted by the Treasurer of T. The Republic of T. will not interfere with any legally vested rights of Mexican citizens, lawfully obtained previous to the Declara- tion of Independence allowing a term of three years to Mexicans to dispose of their real estate, in compensation of which the government of M. will admit also for three years the importation in her ports under the Mexican flag of the produce of T. on the same footing as the Mexican produce. Treat to Lamar « [Prtvate.l Mexico March Slat. 18Ifi. Sir: The enclosed letter of 25ih. inst and the duplicate within should have accompanied my last respects of 28th.* Inst., Sent to Vera Cruz by the last post; but I could not finish the Copy in time, and hence I send them herewith by this evenings mail and have no doubt they will be in time for one of the two Vessels bound for N. Orleans; so that both despatches will probably arrive at- the same time. Since closing my letter, on the evening of the 28th. indisposition (arising from a cold taking by bathing) has prevented my calling to see either Mr. Caiiedo or Mr. Pakenham, which I had intended doing before I again addressed You, and to have added anything new or interesting I might have gathered from either Source. Had Mr. Pakenham have had anything of importance, lie would have called on me, but not So with regard to Mr. Cafiedo. I therefore can report no further progress in business matters; nor do I believe any Step has been taken in the Palace for several days, as the changes in the Cabinet now reduced to a great degree of Cer- tainty have no doubt occupied Much the attention of the Ministers. The arrangement now on the Tapis is that Mr. Almonte^ Secy, of War and Navy, proceeds to Brussels ; and Mr. Cuei^as^ Secretary of the Interior, shall go to St. James. These nominations will take place immediately, and if confirmed {as of course [these will be]) their places, will have to be supplied at once. There is much uncer- tainty in regard to their Sitccessors, but this I knowj that Texas will •A. L. s. ^ The letter Intended may haTe been that of the 27th, which appears to have been com- pleted on the 28th, as shown in the next paragraph of this letter. None of the 28th has been found; and the surmise that the dispatch of the 27th Is the one referred to is strengthened by the fact that In the enumeration of duplicates in Treat to Lamar of April 10, marked " Confidential/' none of the 28th is mentioned. 39728'*— VOL 2. pt 1—11 38 Digitized by Google 594 AMEEIOAN HI8T0BICAL ASSOdATIOK. have rid herself of one of her most bitter enemies Jiere^ and perhaps two ; as Mr Cuevas has not yet declared his opinion /wBy. What we shall gain depends on who may fill their places. I do no4 think we can lose anything. It is Still asserted that Mr. Canedo also will escape from the ministry, probably to the U. States, so soon as he can fill the State department to the satisfaction of the President. This, however, is decidedly in opposition to his own assurances to me that he would not accept of any foreign appcnntment whatever. It is believed by some that these contemplated changes in the Cabinet are the precursors of a more liberal System^ in the future policy of the Government. In other Word^ — they find the Tension to its utmost^ and fear a Revolution^ hence, a Modification of their policy to conciliate and thus ward off or delay the apprehended re-action, ^i the President fills the Vacancies in his Cabinet by Federalists it will sufficiently confirm this Idea, The first period of the ordinary Session of Congress for the present Year expires this day; being three months from the Commencement of the Year, This ordinary Session is prorogued for the purpose of acting on Sundry Specified subjects^ and among them one which reads Thus : " To take into consideration, everything which relates to the restoration of Texas to the National Union." This gives room for the further discussion of the subject, and we shall, if the Oovnit, TnovCy see what course tfiey will now recommend, after having failed in all their efforts for three Months to obtain ways and Means for the War. Perhaps some Member may be found bold enough to propose a Committee to examine the whole Subject and Report their opinion of what the interests and honor of the Country require^ in relation to this Subject. I trust ere long I shall be in possession of Your further wishes and instructions, so that I can close my negotiation in Some way or other, Until I do receive them^ 1 shall continue making every effort to gain as much ground as possible, for I am m/>re and more satisfied that tho' not n/>w perhaps^ Yet ere long, the negotiations can be car- ried through. I also hope that my repeated request for funds and also on the part of Gen, Hamilton, who wrote to the Secy of the Treasury in my behalf, will not have been forgotten, A friend of mine who has just calld. in Says the city is rife with rumours of risings among the troops: — a movement among the Military to Elevate Gen, Valencia to the Dictatorship, etc, etc etc; all which I suppose will blow over like the tboas^nds that haTe preceded them. Digitized by Google COSBBSPONDBKOI WITH MSZICHX 595 Tomei will probably be found in the last named plan; (and prob- ably St Anna) if ihey really make a morement. I shall again address you whenever I ean advise of any progress. Meantime, I am, Very Respty. Your obt and Hble Servant. James Treat To Gen. M. B. Lamab. Austin ' Texas. Lamar to Trbat.^ [Authorizes Jam«s Treat to draw on Hamilton and Burnley, loan commissioners of the Bepnblic] Lipscomb to Treat.^ Rhpublic or Texas, Department op State, Austin 1st April I84O To James Treat Esqr Sir, I have the honor to acknowledge the receipt of your much esteemed communications of the 15tti. 21, 22 and 29th Feby.** The credentials asked in yours of a previous date, had been forwarded by Judge Burnet in my absence, and I hope they have been received by you ete this time. We have great difficulty in forwarding you available funds, and are not certain that the mode now suggested, will be successful under existing circumstances. However it is thought to be the one most likely to serve your purposes. You will therefore be authorized to draw on Messrs Hamilton and Burnley, Texas Loan Commissioners in London, for such an amount as will realize to you two thousand dollars. I take this opportunity to renew to you, the assurance of the great satisfaction the President feels, at the zeal and ability you have dis- played in the discharge of the delicate trust reposed in you, and his entire confidence, in your continued efforts to bring your Mission to a •April 1, 1840. See Records of Department of State (Texas), Book 54, p. 20. » See Records of Department of State (Texas), Book 54, p. 20. *A11 addressed to President Lamar. Digitized by Google 596 AMEEICAK HISTOBICAL ASSOCIATION. happy conclusion. This will be forwarded together with your au-' thority to draw, under cover to Mr. Pakenham, to whom I beg you will make the respects of the President acceptable I have the Honor to be with great respect, Your obt Servt Abker S. Lipscx)mb. Lipscomb to Hamilton and Burnley.® Republic op Texas, Department of State Austin 1st April ISlft. Gentlemen, This Government has found great diflSculty, in supplying Mr Treat with necessary funds in Mexico, hoping the best results from your efforts to procure the loan, and that you will be in funds in time; The President has authorized Mr Treat to draw on you in London for such amount as will realize to him two thousand dollars. If he can negotiate a bill at all, it is possible that it can be done wiUi- out any great sacrifice in that small amount. The Authority to enter into Commercial Arrangements with the French Government for the reduction of duties etc. etc, in the event of their successfully aiding you in the sale of our bonds has been for- warded to you, and the best results are anticipated frcma that quarter. For the views of the President on the subject of such arrangement with the French Government I refer you to my letter of 24th Febru- ary, addressed to General Hamilton, a duplicate of which is herewith enclosed. Our last advices from Mexico, authorize the hopes that a treaty of Recognition and boundary can be obtained. We are not in much danger of invasion, of a serious character in any event, as the internal condition of Mexico forbids such an enterprize. The loan and a treaty with Mexico, would place our Young Re- public in a condition of prosperity not surpassed by any over the Globe. With great respect I have the honor to be Your Obdt Servant Abner S. Lipscomb Secty State. To Messrs J. Hamilton and A. T. Burnley Commissioners •See Records of Department of State (Texas), Book 64, p. 21. Digitized by Google CORRESPONDENCE WITH MEXICO. 697 Treat to Secretary of State [Lipscomb].* Mexico April 10th. ISJfi. Sir; I have the honor to hand Y. E. herewith two documents addressed by the parties interested to Kichard Pakenham Esquire, Her. Majes- ty's Minister Plenipotentiary in Mexico, in relation to certain claims, as explained in said communications. Mr Pakenham has desired me to forward these papers to your Department, with a request that Y. E. will have the goodness to in- form him how far said representations of claims are well founded, and what would be the proper course for the parties interested to pur- sue, if any^ to test or adjudicate Said claims. In fulfilling the wishes of Mr. Pakenham, which I do with much satisfaction (as I am under great obligations to him for his personal attentions, as well as for his highly Valuable Services to your Coun- try in promoting the objects of my Mission) I beg leave to recommend to the Department the Matter above referred to, and to Solicit as early a reply as may be convenient, addressd. to Mr : Pakenham as above which please forward in Duplicate. Referring Y. E. to the Enclosed Note addressed to H. E, the Presi- dent, in relation to this Subject, I have the honor to be, with great respect, Your obedient and Hble Servant. James Treat To the Hon. The Secretary op State of tfie Republic of TexaSj Austin. [Copy.] New Orleans, SOth. August 1839. Sir, I am informed by my relations in Scotland that the British Gov- ernment has authorized you to mediate between Mexico and Texas, I therefore, beg leave respectfully to inform you I am interested in the result, having a considerable sum of money at stake in a grant of land made by the Grovemment of the State of Tamaulipas to one Manuel Bangs, dated 27th. Feby. 1835, for the settlement of a colony of 250 foreign families, on the left bank of the Rio Bravo del Norte, beginning opposite Camargo, and following the bank of the River till opposite Ravilla,^ thence towards the Nueces, until a sufficient •A. L. S. » Reyilla. Digitized by Google 598 AMEBICAK HIBTOBIGAL JU3800IATION. quantity of land should be found to satisfy the claims of all the set- tlers, and that of the Empresario for his premium land. Mr. Bangs transferred all his right, title and interest in the grant to me, and placed me in his stead by virtue of an irrevocable power of Attorney ; and on my return to this place in the month of July 1835, I set to work to organise a plan for peopling the colony. I opened a corre- spondence with my friends in. Scotland, and listed them in the en- terprise. They accordingly collected the requisite number of &mi- liee, and engaged ships to carry them out, and when neariy ready for embarkation, the enterprise was abandoned in consequence of intelli- gence communicated by me of the existence of the hostilities whidi broke out on the frontier betwe^i Mexico and Texas in tiie latter part of 1835 and the beginning of 1636, therdby occasioning disap- pointment to the intending colonists, and manifest loss to myself and friends. In the month of December 1836 the Congress of Texas made a declaraticm defining the boundaries of the B^ublic, wherd^y it sweeped in the land lying between the Bio Grande (or Bravo) and the Nueces, within which the grant above menticmed is situated. When the next Congress assembled in May 1887 I sent an agent to Texas for the purpose of enquiring into the particulars regarding the position of said grant, and the result was that the Government of Texas had laid claim to the said tract of land embraced in the grant, and that all Empresarios must be governed by the " 14tii "Article of the Plan of the Provisional Government of Texas, "adopted in the month of November 1835, by which it is decreed " that all the vacant lands of Texas are the property of this Eepublic, " and that all land Commissioners, Empresarios, surveyors or persons " in anywise concerned in the location of lands be ordered forthwith "to cease their operations during the agitated and unsettled state " of the Country, and continue to desist from further locations until "the land Office can be properly systematized by the competent " Authority which may hereafter be established " etc* By the decla- ration of rights appended to the Constitution of Texas ^ on the 2nd. March 1836, "It is declared that all the vacant lands within the "limits of Texas became the property, or public domain of the " Republic." By an Act, passed the 19th. Deer. 1836, to define the boundaries of the Republic of Ttexas,*^ it is enacted " That from and " after the passage of this Act, the civil and political jurisdiction of " this Republic be, and is hereby declared to extend to the following " boundaries, viz. beginning at the mouth of the Sabine river, and " running West along the Gulf of Mexico three leagues from land, • Gammel, Laiow of Tewas, I, 541-'642. » Sec. 14 of the declaratton as originally reported on Ifarcli 9 not the 2d. The sectloii was striken out before the conatitution was adopted: See 0(4,^ 871. • See ilHd,, 1193-1194. Digitized by Google COBBE8PONDBK0B WITH MEXICO. 599 " to the mouth of the Rio Grande, theoce up the principal stream of " the said River to its source, thence due North to the 42nd. degree "of North Latitude, thence along the boundary line as defined ii^ "the Treaty between the United States and Spain, to the begin- "ning" etc and by a supplementary act to an Act entitled "an " Act to establish a general land Office for the Republic of Texas, "passed 22nd. Deer. 1836." "Section 5th. Be it further enacted " That it is hereby declared that all Empresarios' contracts having "ceased on the day of the Declaration of Independence, all the " vacant lands of Texas are the property of this Republic, and "subject alone to the disposition of the same" — dated 12th. June 1837.« According to the above quoted enactments it appears that I am entirely shut out and prevented from perfecting the terms of the grant on my part, as the representative of the grantee, Manuel Bangs, in so far as regards Texas. But as I am aware that no State can take possession of any part or portion of another State, except by purchase, cession or conquest, and knowing, as I do, that the Gov- ernment of Texas has performed none of these ceremonies, conse- quently this Republic of Texas has no virtual rights to the tract of land in question, as matters stand at present, I have therefore considered it my duty to lay this statement before you, so that when the period arrives for your mediation between Mexico and Texas, my interest, as a British subject, in this contract may be respected, and the usual protection afforded to all previous existing contracts in any arrangement that may hweafter take place between the con- tending Parties. I am ready, and at all times willing to fulfil my part of the con- tract, and as I am prevented from performing by the peculiar situa- tion and circumstances of the other contracting Party, the least amount of indemnity to which I am fairly entitled should be the premium land, thirty Sitios and thirty Labors, by virtue of the Con- tract and the colonization law of Tamaulipas of the 17th. November, 1833,* to say nothing of the advantages which would have accrued to me from having the far famed Salt Lakes of Tamaulipas within the bounds of the grant. Being already well assured of your marked attention to all the best interests of claimants imder your paternal protection, I shall add no more on this subject. I have etc (signed) Jas Ogilvy. RiCHABD Pakjbnham Esqre. etc etc etc • See Qammel, Law$ of Tevas, I, 1323-1326. * See Bayles, Sarly Law$ of Te&a$, I, 188-140. Digitized by Google 600 AMEBICAK HISTOBICAL ASSOCIATION. [Copy.] New Orleans, 20th, August^ 1839. Sir, I have been appointed the Agent of the heirs, in Scotland, of Doctor James Grant, deceased, who was a native of Scotland, was a resident at one period at Parras, and member of the Congress of Coahuila and Texas, and who was killed on the frontier between Mexico and Texas on the 2nd. March, 1836. Ha\nng been informed that you have been appointed by the British Government to mediate between Mexico and Texas, I there- fore beg leave to represent to you that the late Doctor Grant was interested, directly, in contracts with the Government of the State of Coahuila and Texas for the purchase of 350 Certificates, calling for a Sitio of land each, in the vacant tracts of the State, and indirectly, in 150 similar Certificates. I have in my possession the contract for the first 300 Certificates sold to Dr. Grant, and on the back of which there is a receipt for the full payment of the purchase price; and I have reason to believe that all the other purchases were duly paid. The hostilities which broke out between Mexico and Texas in 1835 and 1836 prevented the Agents of Dr. Grant from getting these Cer- tificates located and the correspcmding titles issued to the land. During the year 1836 the Government of the people of Texas took possession of the Country, declaring themselves free and inde- pendent ; and they passed laws prohibiting the location of any claims for land, existing under previous contracts with the General as well as with the State Governments of the Mexican Republic. Conse- quently the heirs of the late Dr. Grant, and other virtual claimants on these 500 Certificates are left with 50,000 Dollars' worth of them in their hands, and without any remedy in the present state of the political affairs of Texas. The object of addressing you on this subject is to be in time, and to enjoy the benefit of your official interposition, in the event of a speedy settlement of the difficulties existing between Mexico and Texas. I find the affairs of the deceased involved in almost inextricable difficulties; and, unless we succeed in making good these contracts, there will not be sufficient to satisfy the just claims on the Estate, far less to relieve the pressing necessities of his numerous children. For their sakes, I do hope and trust that we may succeed through your valuable instrumentality. I have opened a correspondence with a person at Monclova, with a view of ascertaining the position of the late Dr. Grant's affairs at Parras, and should there exist any hope of recovering any thing in Digitized by Google OOBBESPONDBNCB WITH MEXICO. 601 that quarter for the benefit of the heirs, I may be induced to make a journey thither, and in that case I shall require a Carta de Seguredad which will compel me to trespass on your goodness in obtaining one for me, of which I shall hereafter advise. I have etc (Signed) Jas. Ogilvy BiGHABD Pakenham Esqre. etc etc etc Treat to Lamar.* [Private.] Mexico April 10th. 1840. My dear Sir. Under this date, I have addressed the Hon. the Secretary of State, and enclosed him two papers for his consideration and reply, to all which I beg leave to refer you for particulars. I have done this at the request of Mr Pakenham H. M's. Minister, to whom, as you are already fully aware, we are under great obliga- tions for his unwearied devotion to our interests in my negotiations with the Govmt. As regards the matter involved, of Course I have nothing to Say, as tJiat will stand on its Merits, but permit me to solicit an early ^ and as fuU^ a reply to Mr. Pakenham as the nature of the case will admit. Referring you to a long communication of this days date, and forwarded by this Conveyance, I remain, my dear General, in Haste, but Very truly and cordially Your Most obedient Servant, James Treat. To Gen. M B. Lamar Austin Texas. Treat to Lamar.* [Confldentlal.] Mexico April 10th. 1840. Sir: There being no Vessel at present in V. Cruz boimd for any Ameri- can Port in the Gulf, I send this by tomorrows post to Tampico^ •A.L.S. Digitized by Google 602 AMEBIOAK HIBTOfilCAL A880CUTI0N. through the kind attention of Mr. Pakenham, hoping it may find an early ocmveyance to N. Orleans and thence to its destination. The mam object of this oommunicativmt. to which I referred in my last passed off without any result, the Gtovmt. having taken active and timely precautions and made some arrests, which effectually put a Stop to whatever, may have been contem- plated. All now is quiet, and the Govmt Stronger and more Secure than before in ccmsequence of this event Another event of scMne im- portance which will Serve to Strengthen the present Ministry is the defeat of Canales by Arista at Morelos on the 24th. and 25Ui. Ulto and almost Entire dispersion (as r^)orted officially) of his forces. It will probably be some time before Canales can rally and mean- time the Ministry feel themselves safe Enough. Mean/while^ I have heard nothing further in relation to the changes in the Cabinet to which I adverted in one of my last. In proporticm as the Administration gains strength, the less their hurry to get away. Campeche Still holds out against the Revolutionists of the Capital (Merida) among whose leaders dissentions are Said to Exist, which may defeat their plan of reducing Campeche, and thus enable the Govmt. to restore the whole l^epartmen^ to order again. Thus you see that comparitively small matters bring about im- portant results hercj and it may be affirmed that at no time foi^ two or three Months has the Grovemmt felt themselves more at ease than now. These facts are stated only because they effect my Negotiations, for the Govmt is timid or bold just in proportion to its weakness or its Strength, Hence, I congratulate myself in the hope that the Govmt. will remain, for this Tear at least, without change, and that they may continue to gain Strength, for in this in part I place my hopes of Ultimate Success, in the objects you had in view, in charging me with this important and delicate trust. Digitized by Google OOBBESPOKDEKGB WITH MEXICO. 603 Since my last respects, I have had another interview with Mr. Canedo at his Department in which nothing new or interesting Speci- ally occurred. The Secretary, however, among other Matters, re- iterated his assurances that he was doing all in his power to place my propo9itionSy (as well as the whole Texas question) on the best possible footing with the Cabinet, and also with the Executive Counsel, who mm^ have to act in the premises before the Cabinet decides on any given course. That the delay which had occurred was desirable, that he might have time to confer with some of the leading men in the Council, before the Matter was finally discussed and disposed of. And that the Matter in general wore a more favourable aspect than before, and that he hoped by Trvaarhogement, (which might involve s(»ne little delay) he should be able to bring about some favourable result, tho' it might riM be what / so much wished, a Recognition, This interview was, like the preceding ones, conducted with the same apparent candour and frankness and was closed by expressing a wish that my advices from you, credentials, etc, might soon arrive, as tfi,at circum^^noe might give an impulse to the negotiation which was desirable, and might accelerate action and effect favourably the de- cision of Qovmt., if in time to produce its anticipated effect before the Cabinet had definitively acted oa the Subject. I told the Secretary that he might consider himself fully authorized, to retard final action, if he thought it under all circumstances desir- able and, in fact, to conduct and Manage the Matter with his Col- leagues according to his views of Expediency ; as /, of course, was not so demrous to bring the Matter to an issue as to wish to have the Matter pressed fa important facts as regards the Texas question, viz — that it was not in the power of Mexico (without enormous Sacrifices) to recover Texas, and hence, that So soon as the Govmt. can make any honorable and amicable arrangement, it Should do So. This is a Cabinet Vote, and therefore an important one, for if Almonte and Echeverria (of the Treasury) Should go togethw there would be a tie, and this would Send the matter to the Council, where / hope there will be a majority in favour of some immediate action. Digitized by Google 604 AMBBICAN HISTORICAL ASSOCIATIOK. I reported this to Mr. Pakenham and desired him to See both Mr Cdaiedo and Mr CuevoB opportunely, which he has recently done, and informs me that he asked Mr Cuevas his candid opinion and his reply fully confirmed J the Report of my friend^ That he, found Mr Canedo in good Spirits and that he Stated that Matters were progressing More favourably than he had at first anticipated, and that my proposi- tion would Soon be acted upon, and altho' it was probable that a Recognition at present would not be acceded to, yet that something would result from the deliberations of Gk)vmt. which he, the Secre- tary would duly communicate to Mr Pakenham etc etc etc. Thus you See, if the Secy, is playing a double game of Diploma<^ or deception, he is practising on Her Majesty^s Minister, as well as on your humble Confidential Agent; which / cannot of course, allow myself to believe, without some evidence equal to tha;t which induces the opposite opinion and belief. I refer merely to the Secretary's good faith in his professions etc etc, but it does not therefore follow that he will be able to carry his Views with the President, Cabinet or Council, but that he will do all in his power to produce the most favourable result obtainable, under the Existing circumstances. Time must however, decide this question. I thought under all the circumstances I should like to see the Secretary myself, and called on him Yesterday, but found [him] at the Bar of the Chamber of Deputies, where he had been called to explain an official Circular, emanating from his Department, declar- ing as Piratical the flag and Vessel armed by the Rebel authorities of Tucatcm. But, as was anticipated the Secretary came off tri- umphantly, the opposition having entirely failed in their objects. It is now doubtful if I see him before I close this communication, nor do I think it of much importance. As every thing Seems now to be moving as well as can be expected, if not as weU as might be desired. I am anxiously awaiting the next post from Tampico, to arrive Monday 13th. inst, in the earnest hope and expectation that I shall have advices from Govmt. pr the Schooner Doric, arrived at Tampico 1st. inst. from N. Orleans in Six days passage. This information comes up by an Express while the correspondences is coming along slowly by mail. I hope I may not be disappointed on this occasion. If I am, I hardly know what Mr Canedo and Mr Pakenham will think, as it is now Seventy days since my letters of about the 1st. february went forward, wJdch I trust will have been considered as entitled to an immediate reply. A few days will decide whether, I am to be disappointed. I remark that Mr Pakenham has transmitted to his Govmt. every thing which has taken place here in regard to the action of this Digitized by Google COBBESPONDENOE WITH ICEXIOO. 605 Govmt. on the Texas question^ and also sent home copies of all the papers I have presented to the Secretary of State, as well as copies of Gen. Hamilton's two letters to Mr. Pakenham, and the reply of Mr P. to the first of said letters. I therefore suggest that this fact, might be communicated by the Department of State to Gen. Hamilton, (if he has Embarked) for his Government, so that he can Jcnow^ thro' Lord Palmerston, the State of things here by Every Mexican Packet that arrives. Of course^ any information of importance SJiould be conununi- cated to Gren. H. independently^ via N. York^ as it would Very Often anticipate the reception of Same intelligence hence direct. I have received nothing from Gen. Hamilton since he left N. Orleans for the North; his last bearing date 3d. Jany* last nor have I written him since 20th feburary, which was at length and for- warded in duplicate. The Treaty between Texas and France as published in your papers has been republished here in Several papers of the opposition^ as well as in the official of Govmt. but in Every instance without a word of conunent I furnished the Secretary of State with a copy, and he at once directed it to appear in the Govmt. paper, the tendency of which will be favourable. Mr. DeLisUe^ the former french Charge d* Affaires here^ leaves in a few days, for V. Cruz, Havana and New York. So it appears he does not Visit Texas, as he originally contemplated. I take the liberty to suggest that it would perhaps be as well that my corre- spondence should be kept loithin Your Cabinet for the present^ and until I reach the terminati(m of my mission, as continued secrecy may be desirable to this Govmt.^ as well as to yours^ until your negotia- tions with Mexico should be brought to some definite point. I Bemain, Sir, Verry Respectfully, Your obedient and Hble Servant James Tbeat To Gen. M. B. Lamar Aristin Texas. P. S. April 11th. Evening. I have made another effort to see the Secy, of State^ but did not find him in. There is nothing new to add to this letter. After next week^ we shall be done with Lent, and 1 hope to make some further progress in my affairs, of which I will not fail to advise You. Very Respty. Your.obt Servt. Jas Treat. Digitized by Google 606 AMERICAN HISTOBICAIi ASSOCIATION. C!0RBE8P0NDENT AT VlHA CrUZ« TO BuRNBT. Vera Cruz, April 16^ ISJfi. Hon. David G. Burnet Actg Secy, of State of the Republic of Texas Sir: A friend acknowledges the reception of a letter of the 12th Ulto. covering a packet to the address of Mr. J. T. at City of Mexo, And which came to hand the 10th. Inst, and was duly forwarded the Same day. And which the writer has no reason to doubt has ere this reached its destination. Yours etc. Treat to Canedo.* Treat to Lamar.^ [Confldentlal.] Mexico AprU gist. 1840. Sir. I have the honor to enclose you duplicate of my last respects of 10th. instant sent you via Tampico and also a copy of a communica- tion (marked B) made yesterday to the Secretary of State, to which I beg leave to refer you. On the Evening of the 15th. inst, I had the pleasure to receive a Communication from your Department of State, dated 12th March enclosing me the Plenary powers I had solicited, and a despatch for H. B. Majesty's Minister Plenipotentiary, R. Pak- enham Esquire, which was delivered forthwith, and will be duly re- plied to by Mr P. T^iese advices were Very Welcome and opportune, I assure you, as I was thus enabled to make an important movement So soon as the pending holidays were over. On Saturday 18th. inst, I had an interview with the Secretary of State, and informed him that I had received my credential^ at which he Seaned gratified, and I exhibited to him the paper, of which he requested a copy^ which I placed before him Yesterday^ certified by myself, addressing him the official letter above referred to. On receiving a reply from the Secretary naming a time, I shall call and shew my original Credential^ and matters will tJien^ stand, in a fair way as regards the Secretary and Myself, so far as forms are concerned. •Possibly United States Consul Marmaduke Burrough. 5 April 20, 1840. See Treat to Lamar, April 21. 1841, •A. L. 8. Digitized by Google COBBESPONDENOB WITH MEXICO. 607 The Secretary has privately and confidentially, informed [me of] the course he is desirous to give to this Negotiation. He will call a Special cabinet Council to discuss the matter in question and place before it all the papers in relation thereto, advocating some action in the premises as Strongly as he can (without losing the Support of the President and his colleagues) he will press the Cabinet to pass the papers and whole Subject to the OouncU of the Oovemment fcft its opinion. If the Council recomm^id any action wiUi a View to faring the ne- gotiation to Some point, And the Cabinet (thus supported by the opinion of the Council) shall determine to go forward in the Matter, they will then appeal to the Legislature for the necessary autharisKh tion and powers to carry out such an amicable arrangement as the Govmermt, May think proper to make with the Govmt of Texas. If we cannot get the Vote in thds case, it may be because the cham- bers will not trust the Government with the entire negotiation, but may wish to fix Some general hoses for the action of the Goverrimoit. Congress may also grant the full powers to treat eorulitioned that the terms and Stipulations shall be submitted for approval before the Govmt. can close any Treaty. The application to Congress, if made, and their Action will be in Secret Session, and my Mission will still be continued a Secret, and myself incognito, as regards my Agency. Thus, you see exactly how matters now Stand, and the various ordeals through which the question must pass before we reach any final result. It is sufficiently obvious that if Congress will authorize [it], the Govemmt, will act, and I think promptly. If the matter Suceeds with the Cabinet and Council and reaches Congress, I shall have Some hopes of Success, for I have So arranged matters that I can cause some infiuence there myself, if necessary. TMs however, is the favourable side of the picture. I must See what the Secretary will Say to my proposition, (already forwarded you and marked A) and whether our plans work as we desire. We must await the issue, as any opinions in advance would be worth but very little. The letter I have received from the Dept. of State is Very Satis- factory, but it is entirely silent as regards any new or modified instructions in conformity to the Views of Gten. Hamilton, as com- municated to Mr. P. (Pakenham,) and myself, both before and after his last Visit to Texas. I have adverted to this point on Several occasions, and as far back as my Respects of 20th. and 81st Decem- ber; and more fully, under date of Jany. 18th.; and Still more at length in my despatch of 15tb, February. Digitized by Google 608 AMERICAN HISTORICAL ASSOCIATION. Mr. Pakenham, has been of opinion (and Still is, tho' not so strongly as heretofore) that you will not obtain your Recognition on this jfirat attempt ; but that some preliminary arrangement might be entered upon, such as an Armistice for a given time, within which the Mexican Govmt. would agree to prepare itself for a full Recog- nition, and consequent Treaty of Peace, Commerce, Limits etc. This would be somewhat in accordance with Gen. Hamiltons views and Ideas, and what I wish to know is whetJter these are the Views of Your Grovmt, and how far (if a^ all) I am to act in accordance with them. My previous letters are so full and explicit that I refer you to them, and cannot doubt but I shall Soon receive Some infor- mation touching these points So necessary for my Grovmt. if I fail in my pending application and plans. I also take leave to remark that the letter referrd. to from the Dept. of State contained not a word about funds to my order in New Orleans. See my requests in letter of 31st december and subsequent ones. Awaiting with anxious Solicitude, the Action of the Cabinet here'j and also the receipt of your further advices^ I close with a prA.L.S. " It should be noted that Bee*8 letter follows a tranacrlbed series of three letters from Wright, the whole forming a single manuscript. <1889. Digitized by Google 616 AMEBIOAN HISTORICAL ASSOCIATION. it is said, to Santa- Annas return here as Commandtuite Greneral of this "placa." The present Commandante, General Don Francisco de Paula Taro, of Vera Cruiz who is brother in law to Santa Anna, will then of course be Teniente General or Second in Command. Santa Anna is however delicate in health and is at his Estancia (Farm) some thirty miles from Vera Cruz, but I have my doubts about his being in a delicate State of health, owing to private Con- versations overheard. Some Strangers (Merchants) say they have their doubts as to his returning to Vera Cruz, and I have been unable to learn particulars, as every thing is kept within the knowledge of the few. The mass of the people are a conglomerated mass of colour and as ignorant as they are mixed. When I arrived there were several French men of war here, but they were only awaiting some of the Government Claims. They received Two hundred thousand dollars, which Cost the Mexican Government (it is said) near half a Million to raise it. These Vessels of war have left and there is nothing here but a small English packet lately frcMn Tampico, and two other english vessels of war lying off. Bustamente has taken the Presidential Chair in Mexifco, not I presume with the good wishes of Santa Anna, but owing to the will of the leading Characters of the various juntas who are at the head of Government in Mexico. General Filasola is said to be at present in the City of Mexico. He is one of the instigators of war against ^ but at present his influence is not to be Considered. Santa Anna it is rumored has not yet lost his ambitious Spirit but walks erect with his artificial foot and thinks he is as able to Command an army or Conduct a campaign as he ever was, and no doubt is looking forward to another Revolution in his favor. Thousands are Said to be on the eve of raising the hue and cry of " Viva Santa Ana " You may shortly expect not an invasion of but of the City of Mexico. The account published in the New Orleans [Commercial] Bulletin of the 11th and 13th of July of the sixty Thousand men having been called for, to march against the Republic of was correct, and it appears that some few men have been raised for that pTurpose, but some were dismissed under certain conditions, and for the present as far as I can learn the expedition is postponed, some say until January, others who have some knowledge of the movements say that the sixty thousand men are to be raised to defend the va- rious Mexican ports and not to invade Texas. But one thing is cer- tain that Sixty Thousand men have been ordered to be raised, in order to retake and the opinion of the people here is that •The blanks that occur In this letter represent words which In the original are writ- ten in cipher. The character la the same in every case bnt one, the exception being noted where it is found, and the word meant is evidently Texas. Digitized by Google COBBBSPONDENCE WITH MEXICO. 617 will be envaded, and I give you in confidence the American Consul as one of my informants, and I am convinced that it is the intention of the Government at present; but when or how they can accomplish their end in view, God only knows. 1st. Their treasury is empty, their credit is bad, their paper worth not over fifty Cents in the dollar, was given payable in the Custom House in this City (Vera Cruz). 2nd. Who shall take Charge of the troops? Jealousy stalks abroad in the Country, and who can be trusted? None, he who com- mands the army may command Mexico. But take away the army, and up springs a petty tyrant, and with the voice of the Babble puts himself at the head of the government 3rd. It is true there arrived here two cargoes of ammunition, and three more are expected, but such was the State of affairs here, that they had not money enough to pay the caravans to take it to Mexico.* It was however taken to the City. It is also reported, that Mexico has made a requisition, in England for a large Stock of arms, which are shortly expected. Some however doubt the validity of the re- port; but let not this sink into the minds of the ^ even if it should prove true; these arms will only be put into the hands of walk- ing statutes, who will only use them in a measure mechanically or by force destitute of that invigorated spirit which influences and propels the true Patriot to take up th^ cause and fight for his Coun- try. They also talk of Calling for Volunteers, in order they say, to make a general feeling predominate throughout the Camp, and Country, that of a universal wish for the extermination of the "Rebels and Pirates! " ''Who against the laws of all Nations have taken possession of the CourUry^ may be exterminated ! But when I think of the soldiers of this country who scarcely ever receive their pay, who are sadly clad, and have often to travel without shoes, [it] makes me of the opinion that a third who start for the Republic of will never be able to reach it, and those who do will be so much enfeebled by bad treatment tuid long marches that a thou- sand may drive Ten Thousands of them from their Shores by good management and regular discipline. I would say more, but as I leave in the morning for Jalapa and from thence to Pueblo, and thence for the Capitol, think it prudent to wait until I can give something more Certain but give you to understand that it is my opinion that — ^ will not be invaded for some twelve months to come. I am dear Sir Your Very humble Servt. * Comparison between the character nsed here and that used at other places in this let- ter indicates, as one might judge from the context, that the word here intended is Texans. Digitized by Google 618 AMEBICAK HT8TORICAL ASSOCIATION. Mexico Cmr November 10th. 18S9. Deae Sie, I have postponed writing dnring the last two months, owing to my being unable to procure correct information relative to the impor- tant object, for which I came to this Country, and further the great hazard of my letters falling into the hands of the enemy before th^ could reach the Coast, not only from the hundred spies of the govern- ment, but from the various partidos of FederalistoSj who bent cm revenge, still scour the plains in search of News and plunder. Some- times the highway is interrupted by gangs of fifty of those despera- does who sally from the Mountains or ravines undw the mask of brigands, drive off whole Caravans without respect to person or prop- erty ; add to these, the professed brigands who infest the Country in every direction, and you may form some idea of the ri* of oonvey- «nce of private or Common business letters from the interior of this Republic. But having returned to this City from a tour through the Northern part of Mexico, I shall be able from time to time to write whatever of information or of interest that I may be able to procure, relative to that which most interests a patriotic heart in the welfare of his Country. 1st. A concise view of Mexico at present so far as my information extends, stands thus. Chihuahua City with a little upwards of twenty thousand inhabitants, stands at present at a very low ebb; its police broken up for the want of money and of confidence ; The various partidos have not only rendered miserable the citieens of the City, by their various broils and bloody skirmishes, but the whole state with 180,000, inhabitants from causes of a similar kind have been rendered very miserable, ^tting aside other evwrts if possible still more distressing. %th. of this people are Indians, poor, miser- able beings, that drag out life in a truly wretched State; domineered over by the more superior class of Mexicans, who are generally natives bom but descendants of Spain. Add to the above, the drou^t of tiie past season, during which many died of hunger, hundreds swept off by the small pox, their villages plundered, and many of the male inhabitants murdered, females who could not escape, ravished, and carried off on various occasions by the « tribes of the north. Groaning under various acumulations of Misery, again and repeat- edly they have applied, to the Head Department for assistance, that their frontiers might be guarded; Congress full of other matters; political villainies lurking, in every quarter has been unable to allevi- ate this more than wretched state, until the people are almost driven to desperation, and had they the means and intelligence necessary they would form a petty government of their own. As respects the feelings of this people in general, it is hostile to Texas, but there ar« •A blank in the copy on file occurs here. Digitized by VjOOQIC COKBBSPOKDEKOB WITH ItfBXICO. 619 some of the leading characters of the Federal party who pretend to be friends with Texas, not openly, but from a private source (and in confidence) have I learned the Same. But I would not have you lay too much confidence upon the friendship proposed by those who skirt the Eio Grande, and « nearly to Rio Nueces, some of those, I have learned, have made propositions to the Government of Texas; be Alert^ be aware ^ of treachery ; the same proposals have been made to the Centrals (who are now in power) by the same individuals, proposing to lay aside their national quarrel for the present, and join as a patriotic body in the explusion of a foreign enemy. Be aware of Canales, he has called on the Mexican Govrmt. for assistance to drive the Texians from their post on the Rio Nueces. (Casa Blanca or White House) he no doubt has called on Texas in the same way, Durango — ^The affairs of state in the District of Durango, bear a much better aspect than the last mentioned, and I find the people to be of a much more active class of beings. It and Coahuola are almost the same; they are scratching together ways and means to assist Tamaulipas to drive the Texians off the Rio Nueces; Durango, Zaca- tecas and New Leon would shew much patriotic feeling for Mexico, and hatred towards Texas; in fact the great majority of the leading men, on Rio Grande, are far from recognizing the independence of Texas, and in this Country, the voice of the few wield the will and sentiments of the thousands of the motley crowd. However, want of money and party spirit is a great annoyance to the enemies of Texas. The want of confidence.^ The Central part of Mexico, is tranquil as respects party Spirit I can hardly say the same of the Southern Coast, of the Mexican Bay, nor of the Pacific: Many of the Citizens of these districts are not content. But nothing serious is apprehended. A declaration in favor of Santa Ana, at most, A feeble attempt of the Kind was lately made by Genl. Urrea, but, poor fellow, after suffering much of anxiety for the completion of his plans, he was taken prisoner ten days since, under an assumed name in a convent of Guadalahara. Having run over in haste the Country at large, giving you a hurried and faint sketch, I shall proceed more leisurely to give you the movements of the Head Department. In the meantime I would not have you forget, that a small force of enemies (and augment- ing) were uniting on the Rio Grande in May last, but doubt its end- ing in much. I informed you when in Vera Cruz about the first of August, that the great Army Spirit had in a manner ceased to exist, and that it was not likely that an army would or could be raised under Some ten months to go to Texas. I was, from what I have 'Another blank. * Meant for beware. « There are two copies of this letter on file, both of which ^ahow the Incompleteness here indicated. Digitized by Google 620 AMEBICAN HISTOBICAIj ASBOgiATION. learned since, not far wrong in my surmises. But, previous to my entering upon affairs of more weighty interest, I must inform you of what I learned of one of two principal officers under Grovemment One the Governor of Vera Cruz, the other a Colonel who had been in the Texian War with Santa Ana. This happened in a village called Santa Fe. The Colonel was a German. I, like Satan roving up and down the world was very anxious, from what I had overheard to ingratiate myself if possible with this Colonel; having watched my time, I pounced upon him in German, he replied in English; a long conversation ensued, and to my great surprize he informed me, amongst others, the following That the 60,000 men were now con- sidered unnecessary, as the enemy had left the Mexican ports, and that an Army would now be raised by Volunteers or draft, not 60,000 but some 20 or 25 thousand men, to go against Texas, and he ex- pected to be one of the Officers. He said it would be some months first, before affairs could be regulated to equip a campaign. They were awaiting supplies of powder from the North — their arms were on the way from England, or had already arrived at the Custom House — ^that the intention of the Government was to have Steamboats or Schooners to carry the right wing of the Army, (he meant the troops that would be taken by sea) to the Coast of Texas; and that they intended, to have flat bottomed row-boats, by which the army could be landed under ambush by entering the inlets. They are all to be landed (said he) either by the mouth of the Nuices or Colorado rivers, as circumstances would permit and from what I have since learned he was correct. As I am persuaded an army will march next spring, if money can he raised by loan. Again, he informed me that Mwiterey, would be the depot ren- devous, Matamoras and Tampico would be the ports of embarcation, and that the troops destined to march would start direct for some point-on the Rio Grande ; he supposed the army in all would amount to 20,000. men. This, Dear Sir, I give you pretty much word for word as I then received it. (The conversation overheard is unneces- sary to relate here.) Head Department, Mexico City Nov. 18S9. Important; Congress is still in Session. Bustamente, President; and much time is occupied in both Camaras in Secret or private con- sultation. Two very important points take up much of the time employed in private Council: The first is to establish tranquillity throughout the Country by granting such privileges, and passing such laws, as shall be conducive to the happiness of the people, and carry with them the desired effect of leading over to the present power, the revolting spirit, that still stalks abroad in many of the frontier states. So far^ so good. Digitized by Google COBRESPONDENCB WITH MXXIOO. 621 The Second, and no less important point of secret discussion is upon " the Ways and Means " best calculated to carry success, in the Betaking of Texas ! ! ! Too true to be a joke. Yes, dear Sir, I have had much difficulty in procuring this important fact, and with much risk to my personal safety. Thrice have I been announced as a suspicious person, but fortunately the information was so lame in every point, and the traitors (for such I must call them) not being able to prove anything, with shame fell short of their object (and this to make themselves popular with the Mexicans). The 1st. was « of Memphis, who saw me conversing with Col. Bee, and who came with me in the Same vessel. The second was who came with He has returned to Orleans, and intends to go to Texas to live; he is pock-marked, sandy complection, slender built, about 25 years of age. The 3d. I having learned that something not very favourable had escaped the lips of Mr. in reference to me, I obtained thereupon his word of honor (a puff of wind, his honor) that whatever he knew directly^ or indirectly, or by hearsay should be kept secret. And did he keep it? No Sir; like a low puppy, far beneath the character of any gentleman, his tongue was that of a Silly unthinking woman. A few days after this, a Mr. S of Philadel- phia, put me on my guard against Mr. . So much for this is still in this City; but as I have forewarned him of immediate death in case of another word, that I am somewhat persuaded that he will remain mute, as I am of the belief that I ought not to leave the country, until every thing is ripe for destruc- tion; which I have no doubt will be in March. / hope I may he wrong. But to proceed to the movements of the Deputados of the Camara, relative to the retaking of Texas. Perhaps in no country is it so hard to procure correct information as in this. Every pass, every link, every fibre that is made to compose the materiels of this brood- ing war have their origin around the midnight lamp, or in the retired fastness of Some appropriate room of Iturbide's palace — ^the Diarios (papers) of the day, are as silent upon this great outfit as the pyramidal tombs of the Emperors of the ancient Mexics. Thus, dear Sir, arises the great difficulty under which your Country, labors, you can have no correct or at least no important information, except from travellers, and they too often write from the spur of the moment. For instance, you may go aboard of a vessel from this Country, and enquire of the passengers, what news from Mexico? and no two will tell you the same story. One will say, all is quiet, and no efforts are making for war, because they speak from self formed opinions, or external appearances. The secret movements of • The names of persons mentioned in this paragraph, except that of Colonel Bee, have been carefully erased in one of the copies on file and omitted from the other. Digitized by Google 622 AMEBICAN HISTOBICAIj ASSOCIATION. a political body Can only be obtained in Mexico by one who re- sides in the City and makes it his sole business for a time, for months, we may say, courting favor with those who are in the favor of the Courts. This has been my plan since I arrived in this City and Country, how far I may have been successful, time will tell. 1st. Bustamente it seems, has been chosen as the leader of the Army about to be raised (Santa Ana will probably take the chair in his absence) or some other, it is not yet known I believe. 2d. To raise men, a list of the young unmarried men, and widow- ers (without issue or children) and Bachelors, throughout all the Mexican territory has been made, as a proof of which I have seen a list of some 6,000 names residents of this city, out of each a certain number are to be drafted, I cannot give you the exact number. (The infantry and horse of this City already amounts to some 3,500.) The proclamation that I saw issued some time since to have the draft made throughout the States without fail was so carefully worded that the mass of the populace scarcely^ know the intention of the draft. The idea held out is an augmentation of the army to defend "Za Patria^'^ against her enemies, and for the better protection of her frontiers and coasts, which is the self and same thing, and likewise to replace various vacancies caused by the expired time of certain soldiers. This great draft will shortly be made in the form of a Lottery. 2nd." To raise money to fit out a campaign with an empty Treas- ury? This I know has been harped abroad; that Mexico could do nothing for want of means; the Treasury, true is in a measure bank- rupt, but Congress anxious to lend whatever it can in so worthy a cause will vote for almost any act, that will be beneficial to the cause, and if I mistake not, a law already has been passed, authorizing the Government to borrow $800,000 ; but setting aside this sum ; Mexico has many very wealthy citizens who are ready at a moment to lend thousands upon thousands to defray the expenses of the war against Texas, and that, upon moderate terms of interest ; as a proof of what I say, I give you for example : At the time the French had taken Vera Cruz, an army was about to be raised here in Mexico, and that to be paid in part by Mexican citizens, when one man alone (Col. *) proposed to furnish 6,000 men ; therefore do not be deceived : Had not the French annoyed the Mexican's Coasts, an army would have been on foot long since ; thus when I was on the frontiers, the Coman- che Indians boasted of the great Mexican Army, which was to assist them against Texas ; I wrote the same to head-quarters. These same Indians, I have learned are growing impatient, and it is urged by those Spani^ii officers in Texas, that if the army is not soon on " Either a misnamberlng In the oHgt&al, or an error in making the copy on aie. *Name not glren. Digitized by Google CORRESPONDENCE WITH MEXICO. 623 the frontiers, tliat the Comandies may turn in favor of Texas, and thus one very important point of Country fall into the power of a wild and ferocious enemy, instead of having it guarded and defended by the same. Another Spur to the quick advancement of this con- templated expedition is the probable recognition of Texas by France. As it respects a recognition of Texas by Mexico, there is no hope at present. I am persuaded that the cry of honor and war must resound «nce more, when I hope (and not without grounds) they will be satisfied and be brought to terms. Guard well your Coasts, and let not the Country encounter the enemy unprepared. There is but one impedi- ment, that I know of at present, that may impede or frustrate the deigns of the present enemy; and that is should another revolu- tion take place in this Country. Again Mexico is aware of the rapid increase of Texas, and that if the blow is not struck soon, very soon, no hope of victory will remain. Oh ! deluded race of beings. Would it not be much better to come to terms of peace, than to risk anotiier war? House not again the lion's whelp, it has grown strong, and its power if exasperated further, may be felt beyond the Rio Grande. Yes, dear Sir, I am persuaded at the present state of affairs that 3,000 well armed Texians, landed on the Rio Grande could lay waste the five principal states bordering west of said river. Again, Dear Sir, I urge you with all the powers of my soul, and at the risk of this communication, not to treat what I have here written with inatten- tion. I would not have you run the Country to any unnecessary ex- pense under present circumstances, but what I would wish you to understand is this, be on the alert, let the Government be in such a position as to be ready to act, and Supply means at a moment's warn- ing, in case the enemy does come. I shall remain until I am con- vinced of the certainty, in the meantime you will hear from me ; but I shall not cry '* To Arms," " To Arms " until I behold the enemy embodied in this country. Then by extraordinary express I will announce to you the Same. But I would not have you misconstrue my words; I mentioned in another page, of troops gathering in Tamaulipas, in New Leon, and in Coahuala ; this was set on foot in the forepart of Summer and I understand it was rather doubtful if it would amount to any thing serious. These were only intended to draw back the Texans, and not intended to make a general invasion. It would perhaps be well to spy out the Country between the Rio Grande and Nuices, but should troops be discovered in said part, it must be the business of said spy to ascertain for a certainty (if possible) if said troops be enemies or vanquished federals, who have only posted themselves there for se- curity ; in being thus careful much unnecessary expense and excite- ment may be avoided. Digitized by Google 624 AMEBICAN HISTORICAL ASSOCIATION. As respects El Sr. Canales, who tock refuge in Texas in April last^ you perhaps Know more of him, than I can inform you at present; it is supposed by sotne here that he has thrown himself upon that Country. As before mentioned, he proposed by letter to Genl. Cana- liso of Matamoras to join against Texas; the Genl. was suspicious, and did not think it prudent, either to accept or discard the offer, but proposed to a higher source, that it would be well to secure Canftles for a time, until the truth of his loyalty or villainy was de- termined. At present (November) from last accounts which I re- cieved direct from Matamoras and Tampico, State the amount of troops (under Genl. Canaliso) from «and adjoining States to amount to 2000 men, but it is presumed that these troops are not designed for foreign but internal purposes, namely, to keep down the Federal party. The Country therefore I have reason to believe is without any fbrmidable foe. A few stragling parties at most (I mean [in the] Rio Grande Coimtry). G^nl. Filosola is commander in chief (of the troops) in Mexico. Genl. Arista, is now in this city. Gen. Victoria is in Vera Cruz. Santa Ana, I believe, at his estate, near Vera Cruz ; he took with him when he left this city, in Gold $76,000! ! (Doubloons $1.216.000! !) and $300 over in Silver which he could not exchange here for gold. So much to be a president with power to make contracts for Govern- ment. I am Sir, Your Very obedt. Servt. Mexico Cmr Novr. 18th. 1839. Dear Snt I have no doubt you have considered the time long since I last wrote you, and perhaps thought strange of so much time elapsing without any intelligence directly or indirectly relative to Mexico. The truth is that I have wrote since I have been in the Republic several letters, and as often destroyed the same, owing to my having been misin- formed, and the great probability of my letters not reaching the Coast in Safety, my having been so far in the interior. Perhaps there is no country in which it is so hard to come at matter of fact as in this ; the great mass of beings that compose the population of this romantic and interesting region are far behind, as it respects intelligence of mind, in the advancement of knowledge, the Camanches, and Pawnee tribes, who have had their homes in the far western wilds out of the reach of civilization. The latter tribes averse to every species of domestication, still out- vie the Mexican Indians in almost every p>oint Three-fifths of the whole population of Meidco are Indians of the lowest order; they live in mud cabins, straw huts, under projecting banks or rocks, and many the wide canopy for a covering ; they live •Name not given. Digitized by Google C0BBB8P0NDBNCB WITH MEXICO. 626 from hand to mouth, and hundreds die annually for want of food ; these of course, Dear Sir, were not likely to give me any great in- formation of an interesting nature — and nothing correctly. Among the higher order of beings in this country is the only source from which, then, I have been able to procure any intelligence what- ever, matter of fact, or otherwise the Contrary ; and [I confess] that, as an important truth related to me one day has as often been contra- dicted on a succeeding day ; thus I have tome up my letters and burnt my notes, least* I should commit a fault in writing you that which was not correct. Much of the news published in your papers relative to this country is very erroneous, given by travellers who have been here, or who live here, who write from first sight, over excitement, or on the spur of the moment. You may therefore Dr. Sir, consider whatever news coming from the present source as having been well digested, not having come from a single blast of some noisy throat or whispering news-car- rier, but from a source that will carry a weight sufficient to justify at least the probability that I have hit the mark. Questions.^ Who is the Presidentof Mexico ! Where is Santa Ana! What is he doing there ! Will the people call him again to the Head department? Who is the commanding Genl. in the City of Mexico! How many troops have they in the City! How many Cavalry? How equipped — ^how clothed? What are they now doing in Mexico? What for? for fire? Answers. El. Sr. Bustamente. At his farm near Vera Cruz. Contemplating on some vision- ary political event, and enjoying the fruits of a million of dollars, carried with him from this city, the reward of his **full'' duty while President. It is very uncertain, he has many friends and many enemies. It is said he wishes to live retired from public life. Genl. Filosola, the same who was with Santa Ana in Texas. 3,000 Infantry. 500 Cavalry. Tolerably well, better than any I have seen in the Kepublic. Ringing of bells and Saying of Mass. No, for one eternal round of prayers (perhaps spiritual fire). •Lest. *Id the sianascrlpt, this series of questions and answers is transcribed immediately after Wright's letter of November 18, without any explanation or even reference to them. 89728'*— VOL 2, pt 1—11 iO Digitized by Google 626 AMEBICAN HISTORICAL ASSOCIATION. Queetions. Have they much wealth in Mexico! How is the Treasury! What resources to replenish the Treasury has the Govern- ment! When will she be able to pay her public debt? How is her credit at home and abroad! Can she raise money by loan at home upon any terms! Will the citizens lend her money to pay for expenses for internal revolutions on any terms ? Can she find those who will assist her to expel a foreign enemy ! What do [you] mean, by "if the French etc. etc." AiiBwen. Yes, millions in Convents and churches; gold and Silver and diamonds weigh down their altars but it all belongs to the clergy. Empty, drained to the last dol- lar. The enormous duties paid on goods brought into the Country, and likewise export duties with rents of mines etc. etc Can't say. I am informed that there is excess in favor of Gov- ernment in time of peace. The credit at home is truly bad, and I believe worse abroad. However, She with England still has power to make loans at enor- mous rates; it is the only country to which she is able to apply for assistance. I find that by the consent of Congress, she may lease out cer- tain of her mines by which she is enabled to receive [payment] in advance, or make loans when there can be found those who will lend her money. Only by solvent security. I have been informed that when the country is invaded or likely to be so by a foreign enemy that among the patriotic rich are to be found those who are willing to lend assistance upon very moder- ate terms. For instance, had the Frendi continued their march into the Country. I mean, Sir, that the Citizens of Mexico (City) proposed to pay the outfit of ten thousand men to go against them. Digitized by Google CXmBESPOin)ENCB WITH MEXICO. 627 Questions. Answers. If that was the case, why do not Were you to ask a Mexican or they supply the govemmt. with one of the Courts you would per- means to retake Texas; I should haps receive the reply "that the suppose they were foreign enemies world was not made in a day," as well as the French, since they but as a traveler in this region will not recognize their independ- of the clouds I must be more ex- ence? plicit with you 1st. Suppose means were offered them to go against that country, have they had the time? Have they been in a state during the last two years to leave the Country in safety ? Has not party spirit and internal wars prevented anything of the Kind? 2d. As a proof that the ruling party have had some hope of regaining that country has not the whole North West frontier of Texas been swarming with hostile Indians Kept in fomentation by various Spanish officers under the recognization of Mexico: But 3dly. I must inform you as a matter of fact (if any matter of fact can be obtained in this Country) That the year Forty! in the spring there will march from this country an army not exceeding Twenty five thousand Men, which is to be paid for, in part, by the patriotic citizens of the Country, and that his Excellency Bustamente has been named as the leader of said Campaign ; but of course as President he must decline the offer. Another must have the honor of leading this grand expedition, against those ^'Rebels; foes of God and Liberty," " Traitors as Citizens of the Mexican Republic that invited them to come and partake of her lands at very reduced prices." The above Dr. Sir, are expressions frequently made use of here, relative to the Texians; here in the far interior, among the populace who know bat little about mankind, or the laws of Man, or even of their Creator [they] View the Texans as a distinct class of people who having lost the fear of God, the Virgin and Saints, and all that is human or divine, as such deserve to be exterminated. From Whence? would you ask received they the intelligence? I answer from the Black- robed gentry of the sacred • Questions, Continued. Answers. Are you certain that the Mexi- I am so far certain, it is their cans are about to invade Texas? intention at present, and as a proof of the Same, a proclamatin has been issued, to have a list taken of a certain number of * The sentence ends abruptly here. Digitized by Google 028 AMK&ICAIT HISTOBIOAIi ABSOCIATtOH. young men — throughout the Republic, and that a draft be made from said number in order to replenish the Army with troops sufficient to defend "La Patria" against her enemies". In this City already has appeared posted on the comer of the Streets, [a list] of three thousand names taken in this City; they are printed in alphabetical order, commencing at A, and the list reaches down to H, from which I judge that the whole list must contain in all 6000 names. Out of this the draft is to be made. The proportion I know not. It is in accordance not with the act of Santa Ana (of 60,000) but of the more moderate plan, I presume of Congress. I am informed that they intend to carry the Army in part by Steanboats with scows to the mouth of the Nuices, or between that and Rio Grande, or near the mouth of Colorado, and land the men with the small boats along the unfrequented coast of Texas, and thus take the country by sur- prise; Matamoras and Tampico will be the posts of embarcaticm ; there will also at the same time or previous march an army from Mon- terey or thereabouts by land to some point on Rio Grande, and from thence to Texas in order to meet if possible, near the same time those embarked by Sea. (If steamboats cannot be obtained. Coasting ves- sels will be employed instead.) Now should nothing impede this grand effort of Mexico, you may expect the arrival in Texas, of the enemy about the 1st of May when those noble sons of that little star will have to wake up, and try another San Jacinto battle, or receive their fate like unto the vanquished of that day. QnestioDS. Answera What is your opinion as to the My opinion is this however future events of these two coun- erroneous, that there is but one tries? way in which Mexico can retake Texas, but as I believe myself in duty boimd to keep close in such important matters, you will ex- cuse my silence on this subject, and be satisfied in my telling you that Mexico will not pursue the successful path. Are you satis- fied? No Sir, how can I be content But as my precarious condition with such an answer. I dare say is so delicate, in a Strange Coun- you will remark. try, you will have to excuse my indirect way of writing to you, as a thoughtless hint might pro- vide me a dungeon, or a cell for future meditation, should my let- ter fall into the hands of ma •n«my. Digitized by Google OGBBXSPONDBNOB WITH MEXICO. 620 QuestioDs. AoBweiB. But you can give me your opin- I hinted above that she was not ion. What will Mexico gain by taking the right step. I believe this war or what will she lose, or that she will fail in her object, in other words will she prove vie- that is, she will get whip't. pro- torious, or will she be vanquished? viding the Texans prepare in time, keep united and do not fly the country : she must not pounce or rush upon the en^ny at once or she will be overpowered, but she must fall back, retreat, reconoitre, and again retreat. In this way they may torment their enemy until their provisions grow scarce, and their Cavalry be diminished, their Soldiery become tired, when they (the Texans) may make a successful rush upon the enemy, gain an eternal victory over their Mother foe. Such an event will be the immediate recognition of Texas by Mexico. But why should I be writing to you so much about Mexico and Texas? You surely canH have much interest for either party^ and as for myself y you know that I am averse to aJl kinks of politics and political move- ments. I must tell you something else. Mexico City is well built, solid in its structure and beautified with numerous palaces, with three hundred towers. Situated in a valley of the clouds, in a tropical climate^ where man feels neither heat nor cold, two hundred thousand souls, within its bounds, live, move, and breathe ; the rich in Coaches roll their usual rounds through favorite grounds in careless ease. The aspiring mer- chant, and the industrious of the medium class only bear affinity with the customs of an American City ; fifty thousand souls of native Mexican blood daily crowd the Streets in search of food, for which some in errands pay, some with trivial toys made of rags, or wood or potters clay; ten thousand more, like Naples Lazaroni, crown around the portals of convents, kneel, and under arches stand and along the frequented streets and walks, bend their way supplicating each passer-by in accents of pitying woe (by practice learned to per- fection's point, showing some a withered hand, or crippled foot, or deformed limb, or disgusting sore or some framed excuse) for a Medio, (6^ cents) to buy them bread, which when obtained, [they go] direct to some pulky « shops (where a kind of beer is sold) and scarcely leaving a fourth for bread. This, Dr. Sir, is the State of Mexico. Questions. Answers. What do you know of the Eio The Rio Grande country I pro- Grande country? nounce at a lower ebb at this time than any other part of the whole republic of Mexico. This has • Pulque. Digitized by VjOOQIC 630 AMERICAN HISTOBICAIi ASSOCIATION. been caused from the great drought in Chiuhuachua and the surrounding country last summer, by which many of thelower classes A r\ m.'^^ V. o- died of hunger. The Small pox A Query — Chihuahua?* . , JT^ , , , *^ - '^ earned off himdreds, and many of the villages of the country were laid waste by the Wild Indians living North and N. East, of that State. Add to this the revolution and its attendant consequences, and you may form some idea of their condition, without a police, driven to a state of desperation they have applied to Government in no very supplicatory terms for some imme- diate amelioration of their Sufferings (having often stated their wrongs without being heard). The country from Chiuhuachua, South, has not suffered so much from drougth etc. as the above, but the whole country down to the Sea Coast has been in a measure ruined, by the revolution, and at present, but little of interest is going on. Genl. Canalesio of Mata- moras has under his command some 2,000 Men, in order to keep down the Federals. He applied in May last for an increase of troops to drive the Texians from Casa hlanca (White House) on Rio Nuices (Nut River) but I cannot learn of anything having been done. Some of the Federals I have been informed, applied * to that coun- try (some six hundred) between Rio Grande and Nut River; whether to live with the Indians or with the Texians I cannot inform you; likewise, one whose name is Canales, at the head of about 1000 men, also of the Federal party took refuge in that Country. The same wrote to the General at Matamoras (Caneliso) proposing to lay down their quarrel, and as true Mexicans, join and drive the Texans off of their post at Casa hlanca. Mexico doubting of his sincerity did not accede, but concluded not to persecute him further. Genl. Canaliso of Matamoras wrote here, that Canales had made the same overtures to the Texans, perhaps you Bjiow more of this matter than I can inform you; I believe therefore that this constitutes the troops on Rio Grande. Spanish officers are still roving over the Texian fron- tiers, seeking friendship with the wild Indians, and frequently writ- ing to this Government to hurry on with an Army, least « the Caman- ches should grow tired in waiting, and turn in favor of Texas. You may expect to hear from me shortly; Keep my Name from the public prints, and be so good as to write me to Vera Cruz (be careful) to care of Eliot and Snyder, who will forward the same to Mexico. I am etc. • Note by copyist Of course the name intended was Chlhaahaa. • » This may be simply a bit of bad English for " betook themselTet." «Lest Digitized by Google OOBBESPONDENGB WITH MEXICO. 631 Notes, etc. " I can give you nothing of what may occur here, as the news has just arrived; this immediate declaration of war has been set on foot (much sooner than I anticipated) by Canales and Zapata joining Texas, and they are apprehensive that Texas will make a rush upon Matamoras." Mexico, (Important). Nov. 19 10. oVlock. P. M. 1839. Deab Sm, I in haste send you this slip, declaring to you that an immediate invasion will be made upon Texas; I have received dates from Mata- moras, bearing date 8th. Novr. Genl. Canaliso, on Sunday called on the inhabitants to raise to arms. The Alcalde likewise has sent out a proclamation, and the whole Rio Grande Country West has been supplicated in the name of God, and the Salvation of the Country to turn out en masse to go against that Republic. Awake ! The hour has come. The War dogs Come ! The. regular troc^s are only 2000. Yours etc. Note, 19th, Evening. (Important.) I have just reed, intelligence from Matamoras, that Canales has joined Texas, and said letter says it is more than probable that a great part of the Federal party on Rio Grande will declare for Texas, but more of this to-morrow. Note of 19th — I received a letter this morning from Zacatecas stat- ing that an attempt in that City was made a few days since by the Federal party, to commence again the Revolution. (Jenl. Urrea has been taken prisoner in Guadalajara some fifteen days since; some say he is to be brought to Mexico to be hanged, others that he has already arrived ; others say, he is on his way to Vera Cruz, to be ban- ished ; nothing is certain as to his fate or where he is. He has no doubt been taken prisoner. Note 19th. — A writer from Vera Cruz informs me that it is feared that Matamoras and Tampico stand good chance to fall into the hands of the Texians. Note. 19th. The net proceeds of customs in Matamoras has amounted (it is said) to near $300,000 ; solely from fifteen vessels. Four hundred houses in the city of Chiahuahchua « were destroyed solely by overflow. Note 19th. A considerable stir is still making in order to unite the people against a foreign foe, setting aside party quarrels. Look out! Mexican Spies in Texas! ! I find that a private correspondence is Kept up between Texas and Mexico. General Caneliso of Matamoras received regular accounts of the movemnts of Texas. • ChUmahum. Digitized by Google 632 JLMEBICAN HIBTOBICAIi ASSOCIATION. WABHiNQroN April SO 18Jfi. To the Hon Secretabt op State op Texas Sir the foregoing [are] copies of letters received by me from a Confidential Agent employed by me in Mexico, which you will pie regard as private. Yours respectfully, Babkabd E. Bee. Lipscomb to Hamilton.* BxFUBuc OF Texas, Deft State A'a»tin 4th May 1840 To Grenl James Hamilton Sib, In reviewing the communication of 24th Feby from this Depart- ment to you, I find I have inadvertently said, that, " You can further show the facility, that will thus be afforded to the Manufactures of France, making way into the United States etc etc'' On reflection it occurs to me, that this would be placing you in an indelicate and improper position ; that altho the obvious results of very low duties in Texas, would be such as I have stated, yet, it would be wrong for you to call the attention of the French Government to it, as an induce- ment to forming any special commercial regulation with us. The sagacity of her Ministers would require no such promptings. Our last advices from our agent in Mexico leave our affairs in the same unsettled and doubtful state. The Cabinet of Mexico still have the exposition of Mr. Treat under consideration, and at the request of the Secretary of State, Mr Canedo, the project or basis of the pro- posed negotiation has been presented, and is still under consideration. It appears to me that the inference to be deduced from this want of decision and delay, on the part of the Mexican Government, is, that the present disturbed state of the provinces, renders it uncertain, what line of policy should be adopted; that they are unwilling to treat with us, and if in their power would make an effort to recover Texas; but this cannot be done until their internal difficulties have been settled. But should these difficulties increase, they would from necessity treat with us, hence it is their policy to gain time by every variety of artifice; and our passive position has encouraged them to this course. How long we shall continue in our present pacific policy, is, of course uncertain, but that we are loosing some decided advantages by it, there can be no doubt. Should the Constitution of 1824 be restored, or should the Republic of Mexico be dismem- bered, and a new political organization take place, which seems at present most probable, loe may have to contend with a more ener- •See Record! of Department of State (Texas), Bool; 04, pp. 22-23. Digitized by VjOOQIC 00RB£SP02n>ENCS WITH MEXICO. 638 getic and efficient power under the new organization. Whereas, if we had offered them the least aid by co-operating against the defeated party, we could have our own terms of a treaty. The federalists have been for the moment put down on the Rio Grande, but they are not subdued, and are ready to rise ^gain at the first favorable Con- juncture. In Yucatan and Valadolid, their success has been com- plete; and the Newspapers, altho under strict servilance, in the State of Me2dco itself, came out openly in favor of the Constitution of 182i. I have no doubt the present rulers will attempt a compromise by a declaration in favor of the Constitution; every thing however is imcertain. With great respect I have the honor to be Your Obedient Servt Abker S. Lipsoomb Secretary of 8taU. Lipscomb to Treat.* Republic of Texas, Dept State Austin 7th May ISIfi, To James Treat Esqr Sir, Your Communication of the 27th March was not received until two days ago. I hope that long ere now, you have received the Authority forwarded to you from this Department, and that some- thing decisive has been done. The President has directed me to instruct you, that if after the reception of your credentials, you can obtain no decisively favorable answer to our overtures for peace, that you will withdraw from your Agency. Should this be the result, you are instructed to make known to the Minister of Her Britanic Majesty in Mexico, that should this Government be constrained to change its position and conmence offensive operations, it will not be with a view of extending our terri- tory, beyond the Rio Grande and any occupation or military move- ments west of that River, will be temporary and solely with the view of forcing the enemy to make peace. I ardently hope however, you will be able to effect the object of our mission. Be the event what it may, you may be assured that the President highly appreciates your services, and is fully sensible of the zeal and ability with which you have discharged the very delicate trust confided to you. Be pleased to accept the assurance of the great respect with which, I have the honor to be, Your very obdt Servant Abner S. Lipsoomb Secretary of State, • See Records of Department of State (Texas), Book 64, p. 24. Digitized by Google 634 AMSRIOAN HISTOBICAIi ASSOCIATION. TkBAT to TiAMAB.* (Confldentlml.) Mmaoo Mc^ 7th. ISIfl. Sib. I have the honor to hand you herewith Copy of my loBt short despatch^ under date of 80th Ulto. and have now the pleasure to apprise you of the result of the then pending deliberaticAs of the Mewican Cabinet^ which, so faty is all I could desire as a preliminary Step. • In my respects under date of 21st. Ulto., I infwmed you [of] the course which the Secretary then proposed to pursue, and altho' there was some unexpected delay in getting the Subject before the Cabinet Yet on Tuesday Evening^ 6th. inst, the Session was held, and the result was that the whole of the papers, documents, and correspond- ence, were ordered to be submitted to the " Council of Government " for their opinion; and also the Question: If the Council Concur with the Cabinet in their resolution to ask Congress for Special powers to negotiate an amicable arrangement with the Govmt of Texas. The papers would be sent to Council today, but there is no Session of that body until Tuesday next 12th. inst, and this delay is very convenient^ as it give us a little time for reflection. If the Council concur with the Govemmt, or Cabinet, as regards opening formally the negotiation, they will also concur in Sending to Congress The Iniciative in question, asking for powers to negotiate. If Congress grant the powers asked for by Government, they will probably not be discretionary^ but limited: Say, 1st. They may pass the resolution, giving the necessary authority, under certain fixed basesy or Conditions^ and thus bind the hands of Government, or Sd. They may grant the necessary authority, provided all the leading provisions of the arrangement shall be submitted to Congress, for their final approbation, before Governmt. can close the negotiation. This last named plan suits me besty as it gives me a chance to remove obstacles^ and pave the way. The Govmt, with these powers in hand, will Soon Know officially how far I can go, and what I must have in return ; in fact^ they know already the Cardinal points of the proposals your Govemmt has been long since prepared to make. When the Government have obtained my best Terms^ or sine qua non conditions^ they will lay the propositions before Congress, cmd^ should the Govermnent and Cof^ gress be satisfied that they cannot do any better with me, we may come to an arrangement, within the tenor of your instructions. This, however, Seems almost too much even to hope for^ under all >A. L. a Digitized by Google C0BBE8P0NDENCE WITH MEXICO. 635 the circmnstanoes of the Case, and I dare not express this Expecta- tion ; Yet I will say : that, if the matter get% before Congress^ I shall tJien have reasonable hopes of Some Success. Nor do I think a small difference (after the business has gone So fa^) will destroy the negotiation. This " Council " of which I speak is a constitutional branch of the Government, and a part of the Executive^ as the latter and his Cabinet cannot even initiate a law or introduce a project in Congress without first obtaining the Concurrence of this said Council. Hence the necessity of taking this step before the Govmt. could appeal to Congress; and Jience^ also the same necessity for the authority of Congress, before they can proceed further with me. This council is composed of thirteen Members, but Nine constitute a quorum^ and is the Number who usually attend to the despatch of all business. J. D. Ala/man is the President, and Oorostioza^ one of the influential members. The President wUl appoint a Committee to report on the Subject, when the discussion will take place, and the Secretary's of State, Canedo, and of War^ AhnorUe^ will be present to Explain the views of the Cabinet, and their own. I am willing to hazard the remark (in this instance) that the chances^ in my opinion^ are Equal that their action will be in favour of our Views. Thus I have endeavoured to give as clear an Idea as I could of the present position of my affairs here; and will n^t conceal the fact that I feel somewhat more satisfied with appearances. Nevertheless^ I would not be sanguine^ even of tiie issue in Council, and less of the final result ; as all my experience shews that here it is extremely difficult to cmticipate events of this magnitude and char- acter, and with such elements around me, with any degree of cer- tainty. I will just add that the Secretary of State^ in relating to me the result of the Cabinet Conference^ on yesterday morning observed em- phatically: ^'my dear Sir^ we have now travelled two thirds of our Journey." I deduct half, and call it one-third, of my distance ; our Success in the Council, the other third; and the authorization of Ccmgress, the remmrdng third. With this remark, and the facts before you, I leave you, Sir, to draw your own inferences. I have written General Hamilton this day^ announcing in sub- stance this first Step in my negotiation. I send my letter to New York, under cover to your consul there, with directions, if the Gen. has embarked, to forward it immediately to London. No arrivals from N. Orleans yet; nor have I received the original of the plenary powers, duplicate of which I have already Acknowledged. Digitized by Google 686 AMEEICAN HISTOBICAL ASSOOUTION. I am very desirous to receive your further views and instructions, if any. This goes via Tampico, to take its chance, as there is nothing in Vera Cruz bound to the U. States, Pardon my haste, and accept the esteem and consideration of, Sir, Your obedient Servant Jamss Tbeat To Gen. M. B. Lamar Austin Texas. Treat to Lamar.* [Confldftntlal] Muxioo May 28tJu 1840. Sir. I have the honor to enclose you copy of my last respects of 7th. inst. to which I beg leave to refer you, in case it should reach you, before the original. I am now just able to get out from indisposition which has confined me to my room for upwards of ^ fortnight but am now convalescing, I hope permanently, tho' gradually. This con- finement, at so important a moment, has been unfortunate, and the more so as I have found much more difficulty to Encounter in this Council^ as I anticipated, and hence the delay of their decision to the present time. Mr. Gorostiza, a friend of Gl. Santa Anna's, and opposed, in general politics, to the Gvmt., who, from the beginning, I anticipated would make some opposition, but did not think he would carry a majority with him, went formally against the project. A committee of three of said Council reported unanimously favourably to the Views of the Cabinet, but, to the surprize of the Secretary of State and the Minority, Gorostiza and his four friends, voted down the report, 5. to 4. By a rule of Council, in such cases the subject is handed over to a new committee composed of the Majority, and Gorostiza was, in this instance, appointed chairman of the new Committee, and we might, of course, anticipate a Report from him counter to our views. I found it indispensably necessary to influence the Gentleman and in-: duce him so to modify his report, as to Send the whole matter to Congress, altho' in doing this, he would so Shape it as to be con- sistent with his and his colleagues previous votes and speaches, on •a. L. a Digitized by Google 0(mttl)6K)Nl>£NCB WITH MSXIOO. 637 the former occasion. I think that my Efforts, and those of some friends will prove Successful, as I am assured that whatever may be the rcange and tenor of the report, it will be Such as will Square with the Kesolution that will be proposed, viz: To transmit the whole^ Subject, without expressing an opinion themselves, to the consider- ation of Congress. With this, and some other timely measures, I think I can expect the result promised. Gorostiza and the Secretary of State are personally and politically unfriendly, and Mr. C[aned]o desired a triumph in Council over the Secretary, whose Views and wishes, however, differed but little, in Fact, from the arguments of Mr. Gorostiza and his party. The differ- ence is That, if the question had been carried according to Mr. Canedo's first plan, the Subject would have gone to Congress with an Iniciative of the Gvmt. and Council ; while, in the other case, it will be presented without an opinion from Either Cabinet or Council. The matter will Soon come to an issue, and I shall consider it very fortunate for US if we obtain a favourable result; in which case I shall, of Course, be detained for the final issue in Congress. But, Should I be disappointed in the Expected decision of the Council, or Should the Resolution of Congress be unfavourable to any negoti- ation with Texas, I shall receive, at once, my passports, and move, as rapidly as possible to N. Orleans, where I shall hope to receive your instructions, as regards proceeding forthwith to Texas for any verbal information you may desire to receive from me, as my report, for the present, may be found essentially in my correspondence, which has been full, and much in detail. Meanwhile, I shall continue to advise you of my further progress, and the final result, by every oppty. which are now very unfrequent. I should not conceal the very great apprehension I feel with regard to the permanence of the present Cabinet. I should not have been Surprised any day within the last fortnight at their Resignation, or, what would be quite as bad for me, that the Secretary of State should resign at any moment, altho' he has often himself assured me that he did not contemplate Such a Step. Events, however, may compel or induce him to this, which I should regret Exceedingly^ I assure You. The Govmt, are surrounded with difficulties, as I have already apprized you in former despatches, and they are accumulat- ing every day. Waiving the matter of Texas, which, no doubt, gives them Some uneasiness, pending the Question of Peace or War, (or, if you please, a paper War, on their part) The [rebellion in the] State of Yucatan, Campeche having already or will soon be compelled to capitulate, for want of succour from the Govmt.* This disaffection already spread • Th« port WM at th« tlm« betlefed by tbe Federallits and soon afterwards capitulated. Digitized by Google 638 AMERICAN HISTORICAL ASSOCIATION. into the neighboring State of Tobasco, and may be followed by the Department of Chiapas, [ — all this] embarrasses the Qvmt. very much. Other Small parties, in different parts of the Country, con- tinues in arms, with more or less success, and the federalists and op- position press, are crying aloud for a change of Ministry, The promised Reforms in the Central Constitution and against the project of Gvmt. now before Congress restricting the liberty of the Press; and among other things, the opposition have made a violent attack BNCB WITH MEXICO. 689 This dark picture, Sir, will give you Some Idea of the sad and disjointed state of things here, and I would fain suppress it, did I not consider it an infraction of my duty so to do. It is my duty to report on both Sides of the question, whether favourable to my ob- jects or the reverse. And now, Sir, were I to ask you, after the perusal of this letter, and all my preceding dispatches, whether in your opinion it was possible, under Existing circumstances, for me to succeed in my Mission? What would be your reply? " Impos- sible, or highly improbable." You will draw your own inferences from this statement of Facts, and the above interrogatory and its answer. I still hope because truth is mighty^ but I fear lest the thousand counter influences Eesignation of the Ministry and demor- alization of Men may prevail. I also fear the Secret influence of St Anna against me, thro' the medium of his friends Tiere. 1 am. Sir, with great respect. Your most obt and Hble Servant James Treat To To Gen. M. B. Lamar Austin Texas. Treat to Ritchib.* Mexico, June 3d 1840. My dear Sir. I beg leave to hand you the Enclosed, which is important, and beg you to forward it promptly and safely. You may, if you write Col. Love, say for me " that I am thus far making fair progress ; but please not repeat the same to any one else, and [repeat it] to the Col [only] as confidential. Say to him also that I am sick and can- not write him, as should like to-day. I have nothing from you to acknowledge, but expect to have in a few days, as the Wetter arrived from your port at Tampico, on the 26th Uto ; and by her I presiime I have letters, and that you have Sent forward all you had for m^. If, you have retained any, or received more, you may forward them up to the 1st of July, either to Vera Cruz under cover to M. Bur- rough^, or to TaTTipico, first cover to me, Then envelloppd. to R. Pakenham Esquire, British Minister, Mexico. Then to Mr. Craw- ford, Engl Consul, Tampico, and pardon the trouble. • This is a priyate letter, and it is given only to show how Treat's correspondence was transmitted. * United States consul at that place. Digitized by Google ft40 AMBBICAK HISTOBICAIi ASSOCIATIOIT. Excuse my scrawls, for I am weak, and convalescing from illness. I hope this will find you well. I will I hope see you in July. Very truly with Many obligations I am your friend and Servant James Treat To Dr James Rttchib New Orleans Please put the letter for (Jen. L. under blank Envelloppe. Treat to Lamar.* [Confidential.] Mexicx) June 3d. 1840. Evening. Sir. I have the honor to refer you to my last communication of 28th. Ulto, and regret that I cannot now enclose you a Copy, as I have but a moment's time to avail of this idghPs post for Tampico, whence I hope this will find a prompt conveyance to N. Orleans, and thence to your hands. * By my last (if it precedes this) you will perceive that their Coun- cil have occupied much more time in their deliberations on the Grand question than I had anticipated in my respects of 7th. Ulto ; and that numerous caurses of delay, and an opposition not foreseen^ had placed in jeopardy the final result in that body, where a rejection of the wh/>le matter would have been to close the door against any fur- ther action, on my part. I had been confined to my bed, for upwards of a fortnight, and have now been out and convalescing ordy a few days, which was the more unfortunate, as this matter was by no means to be left to its faiCj nor to the care of others^ but required much vigilance and attention. Today ^ the " Council " have another meeting, and I think will de- cide the matter; and I hope it will be in our favour^ and that I shall be consigned over to Congress for the fate of my mission, which is the ordy (and of course^ the best) result that could occur, unless they rejected the whole question. This hasty letter is therefore written, whUe I am awaiting the re- sult^ to add the same in a postscript. The schooner Wetter arrived at Tampico on the 26th. Ultto from N. Orleans, and I trust has despatches from the Department for me, which I shall await for with impatience, until the 8th. inst.y on which day tl^e post will arrive with her correspondence, and I trust I shall v^t be disappointed. •A. L. a. Digitized by Google COBRESPONDENCB WITH MEXICO. 641 Opportunities for posts in the Gulf are so unfrequent^ I shall be compelld. to send my letters via. Havana. It is now raining Very hard, but 1 will await the last moment of Post, to hear of the doings of " Council.'* Pardon my letter my dear Sir, for I am yet Very weak, and, of course, without any assistance. I have the honor to be, with great respect, Yours most obt and Hble Servant James Tbeat To Gen M B Lamar Avstin Texas Postscript. 8 P. M.l have this moment been placed in possession, through Mr Pakenham, of the original despatch of Your a^cting Sec- retary of State of 12th March with my powers, Your Proclamation • and letter from * Mr. Pakenham, also the letter from Mr Lipscomb, Secy of State, of 1st. April, covering authority to draw on the com- missioners of Loans for Two Thousand dollars, all which shall have my attention, and be duly acknowledged. This must now suffice. 9 P M. My messenger has just retumd. and altho' the Council took up my question, yet nothing was decided, and the subject was suspended to consider other matters of more immediate importance. There was a strong opposition to the particular course which the Cabinet wished to adopt, but Still I hope it will end in at least trans- mitting the whole matter to Congress, to resolve on peojce or War, in some shape or other. The n^xt, and I think, f^nal session on this subject will be the 5th. inst, the Result of which I will give you instanter. Pardon Haste; Eespty. J Treat Treat to Lamar.^ [Most private.] Mexicx) June 6th. 181ft. Sir, I beg leave to refer you to my last Very hasty letter of the 3d. inst. which left in doubt the issue, so long pending, of the Texas question in the Council of the Executive. I have now the satisfaction to apprise you that a decision was reached in that body last night after a long, and in some respects, a warm discussion of f.ve hours and a Half. • Of December 21, 1839, forbidding Invasions of Mexico tUl the renewal of active hos- tlUtles. See Awtin City Oazette. » This should be ** for," or ** to.*' Of. Treat to Lipscomb, June 19, 1840. The letter ^as written by Burnet •A. L. 8. 39728**— VOL 2, pt 1—11 41 Digitized by VjOOQIC 642 AMERICAN HISTORICAL ASSOCIATION. By a sort of compromise of opinions, it was agreed unanimously (at last) to Submit the Whole Texas question to Congress, to resolve the first and main question; viz — Peace or War. If they decide in favour of War^ or what is the same thing, measures to recover that Territory, of course my mission is at an end. If they resolve on peace^ or what is perhaps equivalent, and may ' lead to it, negotiation^ then they will of course, authorize the GrovTn't, to open negotiations with me, or receive my propositions, in some form, perhaps^ under Some restrictions, or may he^ at the discretion of Govmt. This naked or general question will -first be proposed and decided, without submitting any hases or Conditions. If Peace or a hearing of your Agent be resolved upon, then the Govmt. will enter into the details that may be necessary and proceed to receive my propositions. It will probably require a week, to lay the Matter before the Depu- ties^ and how long for action^ on the m^in question^ I cannot say. All I can now add is that this result, I consider prima facia evidence of a disposition towards an amicable arrangement of some Sort on the part of Govmt. and Council. They were in my opinion in favour of peace^ but they did not like to assume the responsibility of any action other than what I have stated, but threw the responsibility on the Sovereignty of the people. I must 7U)w enlighten these Representatives all / can, and leave the rest to the united wisdom of both Houses of Congress. I am still Very weak and pressed for time, therefore, I pray you, Sir, pardon my hurried despatch, which I cannot Copy. I Remain, . Verry Respectfully, and with great consideration, Your Most obt Servant James Treat Lipscomb to Treat.« Repubuc of Texas. Oalveston City^ 13th June 1840 To Jas Treat Esqr Snt, The President has been spending some days at this place for the benefit of his health which has suffered very much from his close confinement to business at the seat of Government I have the honor to acknowledge the receipt of your several esteemed favors of the 10th and 29th of April,* enclosing copies of •See Records of Department of State (Texas). Book 64, pp. 26-30. Tbe Instractions given In this letter to Treat follow directions given by Lamar to Lipscomb In a letter of June 11, which in filed with the correspondence. * For the letter of the 29th» see Correspondence with Oreat Britain. Digitized by Google COKEESPONDENCB WITH MEXICO. 643 certain documents addressed to Mr Pakenham, and also a communi- cation from him to you in relation to the claim of certain of Her Majesty's subjects for a part of the cargo of the Little Penn, and for the Capture and detention of the Eliza Kussell. By this conveyance I have written to Mr Pakenham,® but I fear not as satisfactorily as I could have wished in consequence of my being absent from the seat of Government. I beg you to give Mr Pakenham an assurance that the subjects embraced in your despatch shall receive my earliest attention on my return to the Seat of Government. In your last on the subject of your Agency, you say that you are not in possession of the views of this Government as to what you should do in the event of the Mexican Government expressing a willingness to agree to a Truce, and not to a treaty of peace. I am sorry that there has been some mistake in the Department on this subject, as I had distinctly understood from my predecessor that you had been apprized, that a truce would suit the views of this Govern- ment as well as a treaty of peace: and perhaps on some accounts it ought to be preferred. A truce for one, two or three years, with a stipulation of six months notice of a recommencement of hostilities would enable us at the termination of that period to dictate almost any terms to our enemy, from the great augmentation of strength we should undoubtedly receive. If we make a treaty of peace now, we of course must submit to some sacrifices, as your instructions show. You are however Authorized to conclude a treaty of peace, or a truce for the greatest length of time it can be obtained. Comodore Moore, with three or four of our Vessels of War, goes down into the Gulf and this will be sent into Vera Cruz, by some friendly flag he may fall in with. His instructions are to act on the defensive entirely ; to make no captures unless you should advise him of the failure of your Mission. He will be able to make a calcula- tion as to the time when this despatch will reach Vera Cruz, and one of his vessels will stand off and on from Point Mariandria, thirty five or forty miles North and West of Vera Cruz, for thirteen days after the despatches have been delivered at Vera Cruz ; and should . you have any communications to make to the Comodore through such channel, you will advise the Vessel bearing it to hoist a white flag afore on coming in sight of any vessel off the point designated, which will be answered. Some time ago, the date not recollected, as my letter book is at the seat of Government, I wrote to you, that it was the wish of the President, that after the reception of your Credentials, you would bring the negotiation to a close in some way, that we could no longer • Under date of June 6. See Correspondence with Great Britain. Digitized by Google 644 AMEBICAH HISTOBIGAL AS30CIATI0K. submit to the state of things, then existing on our frontier. The QoTemment of Mexico then and now, neglected no opportunity to annoy us, by all the means it possessed. True, we were not invaded so far as to make an attack by the regular Army of the Grovemment on our inhabitants, but small predatory bands were continually sent to excite the Indians to attack us; and the Indian Chiefs were re- ceived at Matamoras, and sent out for the same purpose, whilst we made no movements at all hostile to the Mexican Govt., We even for- bid and used the best influence of the Government to prevent Volun- teers from Texas joining the Federal party; and that our efforts were in a great measure successful, is evinced by the very small number of Texians who crossed the Rio Grande, when the federalists were defeated; they were informed that personal protection was all that could be extended to the fugitives, that we could not recognize them as belonging to any CJovemment, nor would any flag but our own be permitted within our territory; we have given them no more coun- tenance, nor protection than would have been afforded to fugitives under such Circumstances by a government on the most friendly foot- ing with Mexico. All of this time whilst we were exhibiting such proofs of our moderation, the Mexican Govermt has neglected no opportunity, to excite Indian hostilities against us. The exercise of so much forbearance on the part of the President, it was hoped would have been met by a reciprocity of feeling by the Mexican Govt ; but in this we have been sadly disappointed; and at this time we have the most conclusive evidence of emissaries having been sent from Matamoras to the Indian tribes on our frontiers,* and to many of those within the limits of the United States, to excite them by the hope of general plunder to attack us; whilst Gteneral Arista is unre- mitting in fulminating his threats of invasion and universal exter- mination of our people. These threats it is true we disregard, and know well how very important they are; and at the same time we know perfectly, it is in our power to drive back the boaster, and carry the war into his own Country ; for in truth nothing would have been easier than to have sustained the Federalists, and enabled them to have bid defiance to the Central Government. Our Navy for the last twelve months strong enough to have cut off every article of Mexican Commerce and blockaded her ports, has kept idle and in- active ; we had made a declaration that we would pursue this course of moderation, and evince to the world that we indulged no ambi- tious designs of conquest. To this policy we have steadfastly adhered. Our forbearance is nearly exhausted, the patience of the people will not much longer submit to a procrastination, from whidi they can perceive no adequate advantage, and the administration will be forced to return War for War. I am directed by the Presi- . •(;/. Bamet to Danlap, Maj ao. 1839, Part I, pp. 889-401. Digitized by VjOOQIC COBBESK>m>fiNOB WITS MEXICO^ 646 dent to say, that if from a view of the whole circumstances, you should be of the opinion, that either a truce, or a peace, can be obtained by a further forbearance on our part, you will conmiunicate fully your views on the subject. He wishes further to be informed what effect the appearance of our squadron will have on the negotia- tion in which you have been engaged; will it be likely to produce additional difficulties or to facilitate a favorable issue? What are the prospects of effecting a permanent pacification, flattering or other- wise? if not can a truce be obtained to continue for one, two or three years? If you think the prospect good; how long is it probable it would be before it could be brought about? If you should feel much confidence that a little further forbearance on our part would insure a peace or a truce, we will act on your suggestion. It would per- haps, be well for you to urge upon Mexico the moderation of this Government in not co-operating (thus far) with the Federalists on the Rio Grande as she has been strongly urged to do, and might have done with great benefit to herself and detriment to Mexico, that it is a forbearance we cannot practice much longer, lest we loose all the advantages which such a co-operation would give us, without gaining any thing from the Central Government of Mexico. The Federalists are still sanguine of Success, and unremitting in their overtures to us, to make a Common Cause in making war on the Centralists, and in return, would grant every thing we could reason- ably ask of them. Should you believe as before expressed, that a little longer delay and forbearance on our part will be productive of success, it is the wish of the President that you should continue your efforts, and advise this Government fully as to the prospects of suc- cess. Should you fail and believe, that no further advantage can result from your longer protracting the negotiation, the President requests that you will inform Commodore Moore of such failure, and of the termination of your Agency. I would suggest that it will perhaps be well to confer freely with Mr. Pakenham on the prospect of bringing your agency to successful issue, and read to him such parts of this letter, as you may think it not improper he should hear. I send this under an evelope to him. Commodore Moore is instructed not to approach near enough to create any alarm. He is also instructed to obtain the best informa- tion in his power as to the condition of Yucatan, and the views of its Chiefs, whether friendly or otherwise to us. I am with great respect Your obdt Servant ' Abner S. Lipscomb Secty of State, To Jas Tbbat Esqr. Meooico. Digitized by Google 646 AMEBICAK HISTOEICAL ASSOCIATION. Lamar to citizens of Santa Fb.« Tbeat to Lamar.* [Confidential.] Mexio June HtJu 18Ifi. Sir I have the honor to wait on you herewith, with Copies of my last three very hasty despatches, dated of 28th. May, 3d. and 6th. inst., to which, if needful, I beg reference ; duplicate of my preceding com- munication of 7th. ulto. being alrerdy on its way. You will perceive by my advices above refered to how matters stood up to the 6th. inst. since when, three or four Consecutive holy- days and their necessary consequences have prevented any further progress, unless it be that the papers to be referred to Congress, in relation to Texas, have been preparing, and if not sent in yesterday^ which I doubt, may be today ^ or tomorrow^ when I shall watch their progress with great anxiety, and an interest, which I will not attempt to describe. Meanwhile, and since the action of Congress, the Matter has gained publicity, as you will perceive by the Slips I enclose you from the opposition papers. The CosTnopolitic is the most respectable and called the organ of the federal party. The Equilibrium is a more Violent paper, and also against the Government, Neither of them is verj' scrupulous, as regards the trmth of their statements, as they write to abuse the Gvmt. and make converts to their party. You will therefore credit neither, where their statements conflict with my Despatches. I send them, as they shew what I have before Stated, that the opposition will oppose the question of Acknowledgement, independently of its merits, and merely to Embarass more and more the Government. Campeche has finally Surrendered to the Revolutionary party, and Some movements have taken place in the adjoining Department of Tabasco, where it is doubtful if the Central forces are sufficient to with Stand the Example and Efforts of Yucatan, now entirely free. At present the Gvmt. are doing nothing towards preparing an Expedition against the revolted Department^ and it is doubtful if they will, as it would require Some Vessels of war and three thousand men, at least, to Subjugate that Peninsula. They have not means for this, and have too many Cares nearer home. The Question between the Gvmt. and Conservative Power remains open, Congress not having acted on the question, and Should they decide favourable to the Gvmt., as is prohahle^ the Conservative • June 14, 1840. See calendar. » Ia S. Digitized by VjOOQIC CORRESPONDENCE WITH MEXICO. 647 Power would, as is believed^ declare Nvll and Void said law, and these powers would remain in the Same hostile attitude as before. The fact is they are surrounded with difficulties, and if the present Ministry maintain themselves in power, and can Sustain the present order of things, it must be by going ahead^ with a strong hand^ regardless of the clamours of the people, or the denunciations of the press. They must cut the gordian knot^ and carry through their plans and measures, if need be, at the point of the bayonet. This Conservative power Stands in their way, as it now has the power of anulling all Laws, by a plausible argument (very Easy among these people) of Unconstitutionality. As regards the opposition press, the Gvmt. will soon have it in their power to check it, under the Law restricting the liberty of the press, which has, or will unquestionably^ pass the chamber of Dep- uties, and, doubtless^ the Senate also. Should the Conservative power declare it Nxdl^ the Executive will probably disobey the Mandate, and execute' the Law. Then there will soon come up the proposed Reforms in the Consti- tution^ now in Committee of Deputies, who will propose to abolish this Conservative Power, or -restrict its powers, and it will be fol- lowed by a declaration of Nullity, so that there Seems to be no pacific termination of the Matter, even prospectively. A compromise was attempted, but it is now entirely given up. Almontes iniciative of December last, asking for Means to restore Texas to the National Umon^ has just become a Law, having been under consideration Six Months^ been rejected Several times^ and imdergone So many modifications that it amounts to Nothing^ so far as Texas is concernd. The Law establishes a Contribution in the Departments, the pro- ceeds of which the Gvmt. are authorized to appropriate to several distinct objects, and the balance towards the Restoration of Texas. The project Submitted to Congress declaring all Persons traitors who espoused the cause of Texas is sleeping quietly with the Com- mittee, who will probably never report thereon. Congress has recently authorized Gvmt. to take up a Loan of One Million and they are now endeavouring to raise Some money under it. They offer 1% per mo., but this premium is merely nomi- nal: it will cost them 2 or 3% per mo., in the way they usually manage such Negotiations here. This state of things, however deplorable in itself^ is in many re- spects favourable to our object^ for the Stronger the Gvmt. and the more bold and vigorous {despotic if You please) its Measures, so much the better for our question ; provided always^ they can Sustain them- selves, and their plans; hold the Congress and Council in Subservi- ency, and keep the Army and the Hosts of Officers under pay, on their Digitized by Google 648 AMERICAN HISTORICAL ASSOCIATION. Side. My apprehensions are that the Ministry will Either fail in nerve to go through with their Measures, or that, before they get through with their difficulties, they will Strain the cords so tight as to produce an Explosion^ and this will lead to a DictatOTy at least pro tem^ who will be Bustamante in one case^ or perchance^ Santa Anna, in the other, according as the balance of military power and influence may previal. P. S. Friday June 19tk I have delayed my despatches one post, which will still be in time for the Steamer Argyle, Should she, on her arrival from N. Orleans, determine to return thither, as I Jiope; if noty this must go via Havana. I have nothing specially new to add to my remarks of 14th. inst. Public affairs Continue to look Very dubious. There has been delay in the presentation of the question in relation to Texas to Congress. The Govmt. have been exceedingly occupied with their Complicated and increasing difficul- tly, and particularly the Secretary of State, who, is on the point of despatching the Conmiissioners, under the Convention with *the U. States.^ They will leave to-morrow, and if today my papers do not go in, I have no doubt they will next week, Unless delayed by the threatening aspect of affairs. Congress is too busy to take them up just now, even if they had them, for half their time is passed in Secret Session, moved by themselves, or called for by the Government. Yesterday, the whole Cabinet, four Ministers, went to the Chambers, and asked for an immediate Session with closed doors. Object not yet pronrnt- gated. Rumours of resignation of the Ministry, have been very gen- eral, for Several days, and every body talks of a " Coup d' Estat " from sbme quarter. What the issue will be, it would be more than useless to Conjecture.^ Under these circumstances, it will not be considered a matter of any surprize, that I make no immediate progress in the Chambers, or that the Government should desire a moment of greater calm than the present, to present this matter before Congress. So I must await events, which I hope may favour us, and yoit. Sir, must exercise all your patience, for the final result. I am. Sir, with the highest respect and consideration, Your most obedient Servant. James Treat. To Gen. M B. Lamar AusHn Texas •The convention of April 11, 1839. See Treaiiei and ConventioM of the United Btate», etc., ed. 1880, pp. 676-479. » From this point the letter 1b in Treat's handwriting. Digitized by Google COEKESPONDElJCE WlTH MEXICO. 649 P. P. 8. Saturday June 20th. In closing for the post of this evening, I have nothing to add, unless it be that You must not he surprized, if in my next I apprise you of a New Ministry, which, I shall much regret^ And which will Suspend my action^ or compel me to begin De Novo; either of th^n, would be a most sad disappointment. ^ But / Iiope and wait^ with the most anxious expectation, the de- velopment of this most singvlar state of things. Most Respectfully Your most obt Servant James Tbbat. Treat to Lipsoomb.* Mf^xico June 19th. J840. Sir, I have the honor to acknowledge the reception, on the 3d. instant, of your valued conmnmication of 1st. April, enclosing me authority to dr&w on the Loan Commissioners in London for a sum equivalent to Two Thouand Dollars; and, by the same conveyance, I received the Duplicate thereof^ the former, through the kindness of R. Paken- ham Esquire, and the latter, from Mr. M. Burrough, of Vera Cru^ : All of which' have been duly noted. I also received, at the same time, the original of a despatch) from the Hon. David G. Burnet, then acting Secretary of State, dated 12th. March, enclosing my plenary powers, a letter for R. Pakenham Esquire, and a proclamation by H. E. the President of the Republic; the duplicate of which, with the above named papers, with the exception of the proclamation * I had already received on the 15th. of April, and recommenced acting under said power, having imme- diately delivered the Communication to Mr. Pakenham, who was pleased with its Contents, and has since replied to the same. The Proclamation of the President, I handed forthwith to the Sec- retary of State, Senor Don Juan de Dios Cafiedo, who placed it on file with my previous Commimications, where it will serve to Shew the sincerity and consistency of Texas, in its present negotiations with Mexico. Altho' this communication from your Department has already been acknowledged to H. E. the President, and Perhaps Sufficiently re- plied to, it may not be improper for me to offer a few brief remarks, in reference to its Contents. I have taken due Note of all that relates, to the objects of my mission, and shall continue to confine my negotiations to the essefvtial •A. L. 8. » See note •, p. 641. Digitized by Google 650 AMEBICAK H16T0RICA1. ASSOCIATION. points of Becognition, (which necessarily involves Peace) Boundaries fixed and defined, if attainable^ and Stipulations of indemnity^ to- gether with such further Conditions as necessarily grow out of the above provisions, leaving all minor points that can be omitted in this preliminary Treaty to be entered upon and adjusted hereafter, as may be agreed upon. As regards any Stipulation to pay a part or the whole of the indemnity in Mexican Bonds^ I understand that the Grovemment of Texas is indifferent as it contemplates no direct advantage, if this course Should be adopted. It was originally Suggested merely to meet the anticipated wishes of this Government, and to facilitate Day negotiation, and not because any benefit would accrue to Texas; but further reflection induces me to believe that, if the Mexican Gov- ernment prefer this course, and it Should be thought favourable to the adjusUnent of the question of indemnity, / should assent to it^ (but in strict accordance with my instructions) inasmuch as it might he of some advantage to the Commissioners in London, in facilitating the Loan of indemnity. Nothing, however, has passed between the Secretary of State and myself on this point, as we have not yet reached any offlciail details, as regards the propositions of Texas to Mexico, the only paper which I have submitted embracing proposals having been transmitted to the President, and, as you will have seen, [it] is very general. If the period should fottunately arrive when this question comes up, I shall endeavour to make it Subserve the interests of Texas^ or if not, omit it entirely. As regards the painful paragraph of Judge Burnet's letter, relat- ing to the Sad fate of Lt. Col. Johnson and his companions, I took early opportunity to read the Statement to the Secretary of State, and, I think^ with due effect. In answer to ymir communication, I have to thank the President and yourself, for attending to my request, in relation to funds, but regret they will not be available here^ as it will be impracticable to negotiate my drafts; perhaps, however, on reaching New Orleans, I can effect my object there^ and thus replace any sum I may take up here on my ovm credit. The approbation of the President of my official course here is highly gratifying, and whatever may be the result of my Mission, my humble, tho' unceasing efforts shall not be suspended n(Mr dimin- ished for a single moment, until I reach some issue. I beg leave respectfully to refer the Department I have the honor to address, to my despatches hereiaith addressed to Gen Lamar, to whom I have heretofore transmitted all communications, having reference to my Mission. As 1 have received no intimation to adopt Digitized by Google COBREStOl^DEiTCE WiTH MEXICO. 65l a different course, I shall continue to do so, altho' I am aware it may be considered Somewhat irregular. I forward this to Vera Cruz, hoping the Steamer Argyle, which left there on the 6th inst for N. Orleans, will have returned by the 25th. and [will] depart again for the Same destination. If not^ they must go via Havana^ as opportunities direct for any American Port in the Gulf are very unfrequent. Please present my best respects to Judge Burnet and Mr. Starr, both whom, with yourself, I hope are enjoying good health. I have the honor to be. Sir, with great respect and consideration, Your Very Himible Servant, James Treat. To The Hon. AbNER S. LlPSCX)3fB Secretary of State Texojs. Almonte to Brown.*» Treat to Canedo.* Lamar to Moore. [Copy.] Galveston %OtK, June 181ft. Commodore E. W. Moore Texas Navy. Sir: You will, with all convenient despatch, proceed with all of the vessek under your command, which are manned and equipped for service, to some safe anchorage not far from Vera Cruz : — You will avail your- self of the first safe opportunity of sending in the dispatches com- mitted to your care, for Richard Pakenham Esqr. Her Brittanic Majesty's Minister at Mexico to the care of the British Consul at Vera-Cruz : — You will cause one of the vessels under your conunand, to stand off and on Point Maria- Andrea, for thirteen days after the dispatch has been delivered at Vera-Cruz, for the purpose of receiv- ing such communications as may be sent out to you from Mr. Treat the Agent of this Govt, in Mexico. Should these despatches be for this Government, you will forward them immediately by one of the best sailing vessels under your ccHumand. Should you receive a « June 20, 1840 (translation). See Wright to Bee, July 1, 1840. » June 20, 1840. See Treat to Lamar, July 4, 1840. Digitized by Google 652 AMEtaCAK HISTORICAL ASSOOUTIOK. despatch from Mr. Treat ijiformiBg you that he had failed in his negotiations, you will in that event be authorized to cruise against the Mexican vessels, and make prizes of them, taking care to avoid all collision with neutral powers; always respecting the principle, that a Neutral Flag protects the cargo. You will be particular to avoid all offensive means, and not shew yourself before Vera-Cruz or any other Mexican Port, until after you have heard from Mr. Treat. Should you not hear from Mexico, after waiting the term before mentioned, you will wait at some safe and convenient place, and send to this Government, for further in- structions. You will not conmience hostilities unless you should be informed by Mr. Treat, of the failure of his negotiations. If you should be attacked, you will of course be at liberty to defend yourself and the honor of your Flag, by destroying, or capturing the enemy's vessel, whether public or merchantman. It is the object of this Gov- ernment to avoid all hostilities with the Mexican Govt until Mr. Treat can be heard from, and until you receive orders from this Government, unless you should be informed by Mr. Treat that his negotiation had failed, and you are expected to use every precaution to avoid defeating the views of this Government. You will endeavour to ascertain the condition of the State of Yucatan, and the dispositicm of those functionaries administering their Government, whether friendly or otherwise to us, any manifesta- tions of friendship from them you will reciprocate. In the event of hostilities, such captures as you may make, you will send into Galveston, or Matagorda for adjudication as early as convenient. (Signed) Misabeau B Lamab Wright-Bee Correspondence.* Wbioht to Bbe. Mexico, June i5. ISlfi. Dear Sir, Your favor of May 21st. dated in Washington, signed by Mr. N. Amory came safe to hand, and I am happy to find that you have not entirely forgotten me : though it is the first line I have received from any one concerned in the Republic of Texas since my arrival here. •June 26-Jal7 2, 1840. These letters are copied on a set of sheets which are fas- tened together, and the copied mattep mns continuoosly so as to form a alogle manu- script. Neither letter is signed nor is either addressed to any one by name. The manu- script, however, in its general make up, in the handwriting of the copyist, in the sise of the sheets, and in the manner of binding them together resembles closely that containtng a similar series transmitted by Bee on April 30, and described as from his secret agent in Mexico, who was K, S. Wright This l^ct, together with the matter of the letters them- selves, seems to make it reasonably certain that the communications were from Wright. As to their being written to Bee there is no question. Digitized by Google COBBESPONDENCB WITH MEXICO. 653 Mr. Bryan has never written me, or if he has, I have never I'eceived his favors; and if he has nevet* written I am at a loss to account for the cause. I am informed by your favor above mentioned, that you have received several of my letters, and that you had been pleased to note their contents with interest. This is at least some encouragement to me, however imimportant my feeble efforts may have been : my busi- ness and particular care has ever been not to deviate from the truth, nor suffer myself to become excited from mere report unless I was otherwise convinced by further demonstrative proof. Nothing can be gathered in this Country in the Streets. No one has the same story as his neighbour, neither do the people in general have a Knowledge of what is to take place, or, in another word what the private councils of Government are doing, or what are their views; perhaps there never was a more contrary body of men at the head of a Republic, than those now composing the two houses of Mexico. I have been nearly a year in this Country, and I can assure you, Dear Sir, that during said time I have not been idle, in obtaining every essential information possible, and have forwarded the same from time to tinyt as opportunity offered : but, am sorry to say, that I am still a Novice, and have yet much to learn in order to Keep pace with the affairs of Mexico, so as to be able to obtain anything correct. You therefore must excuse my error, wherein I may be deceived and give incorrect information. The affairs of this coimtry are ever changing, and there is no Knowing what a single day may bring forth; for example, when the troops of Arista some months since left here for Rio Grande, no one was aware of the Move, except the few, until the troops were beheld marching out of the City. I wrote you accordingly of said expedition, and of the daily augmenta- tion of the Army, and that the Government had a double view in said expedition. 1st. That of quelling the Federals, and if strong enough march into Texas. A part of Said Army still remains in the Rio Grande Country, but the want of money and the loss of Yucatan has put a stop to the expedition for the present, but Gt)v- ernment's intention is still bent on the destruction of that people (the Texans). It is however hardly probable that they will be able under present difficulties to raise an army sufficient for even a trial during the present year, and very possibly never. But we must not however be too certain so as to lay aside the means of defence, in case they should succeed in their intentions; so let not the army be diminished but rather augmented, for reasons which you will here- after learn, previous to the conclusion of this letter. In reference to the political state of affairs in Mexico, it stands much in the same way, as when t last wrote, with the exception of a Digitized by Google 654 AMBBICAN HISTORICAL ASSOCIATION. few changes for the worse ; and if I am not much mistaken bears great affinity to that in which it stood in the time in which Tturbide was raised to the Imperial throne, with this exception, that at that time a General was raised to the rank of an Emperor, and now Busta- mente would only be a Dictator : this Country twenty years ago was if I am not misinformed in a state of revolution much in like manner as we find it at present. I have beheld with sorrow for the last six months the great efforts made by the President and his Privy Council to raise themselves to greater power ; each Step they take diews this fact in more and more glowing colours, which is now evident. The whole and sole aim of Govermt. at present is to trample on the Constitution, break down the barriers placed in opposition by the Conservative Power, check the progress of the freedom of the press, blast the fluttering dying flame of republican spirit that exists and sink the country beneath a des- potic law. To be able to compete with their enemies, the Centrals find that this is necessary ; nothing short of this will answer their views ; with- out this measure their hopes of continuance is diminished and their future glory ruined ; without this, they are persuaded with the oppo- sition of many of the Ministry, They never will be able to call to their aid neither Men nor Money sufficient to subdue their enemies. Poor Mexico, the fairest flower of the Northern World is however to be ruined. Nothing it seems to me can save her. Filled with every national good, her mountains composed of enormous Mineral wealth, her Avenues strewed with gold, her vales with the most deli- cious fruits and grains, must all be lost, sink, perish, for want of a perental republican intelligent guide. Her mineral wealth it is true will still exist : but to us, to all of the present generation, lost. I am persuaded. Dear Sir, that Mexico peopled by an industrious intelligent community, acquainted with the arts, and under good and wholesome laws might be made to produce millions instead of the now lingering draging diminished thousands; for who can tell the wealth of the minerals of this more than Mineral World. Were I permitted to let my poor and ignorant mind, take its flight and dive into futurity, I would have presented to my fond imagina- tion Mexico flourishing in all that pride which Nature has rendered her capable of enjoying. But to what future period do you refer? might be asked. How many generations must pass first? Who shall be the happy people that shall live to see Mexico raised to so flourishing a state? This, kind Sir, is bound to be brought about in time, however unfavourable it may appear at present, and fifty years will not have passed when this shall have taken place ; I do not wish to be laughed at, when I thus take the liberty to speak of what I think to be the future prospect of Mexico and the pride of Texas ! Digitized by Google CORRESPONDENCE WITH MEXICO. 655 Yes Sir, Texas is bound to take possession of this Country, there is nothing to prevent her, and she will be the happy Nation that shall restore Mexico to more than her former wealth and prosperity. Mexico will no doubt from what is now going on, impede the pros- perity of Texas by every means in her power, perhaps invade her territory, give battle, lay waste some of her fairest settlements on her frontiers, endeavour to blockade her ports, call the wild indians to her aid, and gather the United States Indians on the Rio Grande^ to assist them, I mean the Creeks^ Cherokees^ Delawares^ Shavmees^ and the Spartan blooded Seminoles, The 1st. have 13,000, 2d. 10,000, 3d. 650, 4th and 5th. 750 Warriors, mark what I say; but all this will amount to nothing in the end, but their final destruction as a people, and in twenty years may be seen the lonely Single Starred Flag proudly waiving over the palace of the Vice-Kings of Mexico. Texas as a nation is fast increasing in strength, her laws are wholesome to the settler, strangers behold it and flock to her bosom, many citizens of Mexico see the same, and often in private express a wish that the laws of Texas extended as far as here. • I can assure Col. Bee, that hundreds within the last Six months have changed in favour of Texas, and I am sorry to say, that the Government is so decidedly against taking any measures in order to recognize that republic. But to proceed more closely with the movements of this Govern- ment, I must inform you of the Step that has been taken by the Conservative power which was formed when the Constitution was framed, to see that no violations should be made relative to the Con- stitution either by the President or his Cabinet. This Conservative power, not from any good that they would contribute either to the Country or the people, have seen fit to declare null and void all such laws as they consider unconstitutional in order that they may acquire, no doubt, some sinister or interested motive in view, for their own aggrandizement, no telling what. A law was lately passed by both Houses and signed by the Presi- dent declaring that all thieves should be judged by a military tri- bunal, and if foimd guilty, to be put to death without further cere- mony. This the Conservative power annuled as unconstitutional; but [it] was not annulled by that power until the time expressed in the Constitution had expired which is two months. They have pronounced it void on the day after the expiration of said "^ time, declaring, from some frivolous proofs that the 1st. day of the 3d. month was not denied them to declare their sentiments, stating in corroboration as evidence that Congress had often acted on the 1st. of January when term of session had expired on the last day of December. This has caused much contention, hard thoughts, and even dpwn to shameful threatenings. Digitized by Google 656 AMERICAN HISTORICAL ASSOCIATION. However right the Conservative power may have been, however pure their motives, every good man for the sake of divesting this comitry of the ten thousand thieves it has, would be glad that the law should remain good and in full force. Now the President says, if you will not allow me funds, nor means to carry on a war against the enemies of the Country, how is the Government to stand? If you annul* my laws and those of both Houses, how shall I be able to satisfy the various demands of the country ; no good can arise from such conduct on your part. There- fore my only plan is to pursue my own Course, choose my own Ministers, form my own Council, strengthen the reins of my Gov- ernment by increasing the number of my friends, and augmenting the army, and then declaring myself Dictator, send you all to the DevU. And this tho' it may appear improbable is not impossible. Bus- tamente has lately received an additional help, which is not to be considered in a trifling light, and is that an Arch-Bishop has lately been ordained with great pomp in the Cathedral of this City. His Excellency was the padre Godfather to His Holyness, having pre- sented him previously with a beautiful ring valued at fifteen hun- dred dollars. I mean that His Excellency tht President was the bestower of this valuable ornament to this honorable prelate. The Arch-Bishop according to custom with religious bodies, when suflFered to be connected with affairs of State will use his utmost influence to support the present views of Government; as he is aware that a change would be much to the injury of the Church property, as well as to the progress of the Church in general. You are no doubt aware that the rigidness of the Roman Church is equal if it does not exceed even Rome itself. Yet we are much better off in the City of Mexico, than we would be in Pueblo, a city sixty miles east of this: that City is still envelopped in all the dark shades extant in the time of the establishment of the inquesition: but few strangers are willing to live among them, and it is not long since it was not uncommon to hear of the Stage being heartily pelted with Stones, Eggs, Rotten fruit, etc. by the boys of the town, when filled with strangers. It is a beautiful city highly situated near two vol- canic mountains, overlooking it, in romantic, majestic grandeur, the tops covered with eternal snow. This city swarms with a large population, counts its Sixty thousand inhabitants, and will you believe me when I tell you, not a single newspaper is permitted to be printed among them. It is a City composed of Priests, Monks, and Nuns, and Superstitious, ignorant, saucy impertinent people. And this may be applied to them in general — ^with very few excep- tions. Now I would remark that when a people is so deeply buried in superstition, what may not a Bishop, or an Arch-Bishop do among Digitized by Google CORRESPONDENCE WITH MEXICO. 657 them? particularly when the most of them believe that he has the power of either sending them to heaven or to hell. Upon this is built the grounds on which rests the hopes of Bus- tamente's Ministry. Religion I have already said is going down in this country, but notwithstanding this, I do not see that the people are becoming more wise — I mean the lower class. I must leave oflf for to-night. The Chambers will open on the tst. and from them I may be able to draw something of more weighty consideration. Wbight to Bbb. July Ist. llSJfi.l Dear Sir, I was this morning in the palnce at the opening of the Chambers — when the President was ushered into the House, with the usual mili- tary pojnp, that of having the way lined with Soldiers from his Rooms to the House of Congress. His views and that of his privy Council had been drawn up, upon some two sheets of common sized letter paper, rather short but pointed, and of the most urgent nature, 1st. that of bettering the Con- stitution for the salvation of the Republic ; and the good of the people ; the reconquering of Yucatan and Tobasco; that of the necessity of punishing thieves — the great necessity of procuring a fleet, and that of an IMMEDIATE EXPEDITION AGAINST Texas. Do not be alarmed ; tho' I am sorry to inform you that they have procured loans (Cash already at hand) to the amount of Eight hundred thousand dollars, expressly for said expedition, and not a dollar to be taken from said amount, save that of Texas.** But do not be alarmed so long as you have notice of their movements, which you may always be certain to have in due time when there is any possible chance; but, for Heaven's sake, do not leave me to wait another year without hearing from you, or I will turn Turk or forsake the cause, which would be hard on my side after spending my time and fortune for better than two years. I can hang on and breathe perhaps a year or two longer without any assist- ance, but I must not be slighted with neglect: however, even that shall have no effect upon my mind, as to my faithful discharge of duty ; as I shall I hope to be able to have soul enough to spurn anjrthing like neglect towards ^ a people for whom I have risked so much. In this I have been already tried. This Govt, having learned that an Ameri- can was in this City who was well acquainted with the Indian fron- tiers, sent for me, through General Filosola, proposing a rich reward if I would contribute to^the information of their Government relative to • Tbls seems to mean " save what Is to be spent In the attack on Texas." » The meaning is rather " from." 8&728*— VOL 2, FT 1—11 42 Digitized by VjOOQIC 658 AMERICAN HISTOKICAIi ASSOCIATION. those tribes on the frontiers, and i>y beeoming a pioneer or pilot in those regions. To this, I politely returned an answer, that it was not in my power to satisfy their wish, as only having been a Trader in that Country a Short time, and that my informati(»i was veiy limited, respecting the number and feelings of the savage tribes ; ^ and further [as] an American Citizen, I could not comply with their request. I have never been furth^ iq)o]£en to on the Subject, but have since heard that a (would be) friend of mine in this city, who was in the United States when some of my letters appeared in the Arkansas papers, relative to the frontiers had hinted this to some of the leading men of this Government, in order he says to serve me, thinking that I would have no objection, As my information could do no harm against the United States and from said motive [he] considered the movement in a very favorable light, to assist a friend; but tho' I cannot in con- science give you his name, as he has ever been very cautious in making remarks that might have injured me, yet I must go so far as to inform you that I have lately heard he is one of the disappointed Eleven league men, having claims against Texas for large tracts of land. Some future day I may give you his name, but as I am confident you do not know him, it matters not if you should ever know him. I would not have related tihis to you, only to shew you in confi- dence, what a traitor might do in this country; and be well assured that nothing on my part shall be neglected so long as Z have health and means in making every communication to you or the Government which may be of an interesting nature or useful tendency. One thing I would have you bear in mind, and that is to overlook my badly formed sentences: though educated at St. Mary's College near Balti- more, curse me if I can recollect the orthography of my language, owing to the many years of my residence in Spain, during which time I paid very little attention to the English language, and this has even injured me in composition. I mention this in order that you may account for so many errors which J have no doubt you find in my letters. Again, relative to what was read in the House this morning, and my conversation with a Colonel of the Army, I must inform you tiiat ^n expedition is ripe for Texas, and that you must believe me, for it is no excited supposition from the spur of the moment Por the sake of the little Bepublic, believe me Sir, until I inform you to the contrary. It will not I think be made very soon. The troops on Bio Grande are nearly all now at Metamoras. Between three and four thousand men under General Arista. Canaliso is on his way to this City by superior order owing I understand bo his having com- • Xh^ awkwardness 9t tbe expression in th\B sentence wlU Uardly obscure (he meaning. Digitized by Google CORRESPONDENCE WITH MEXICO. 659 mitted some fault in not having co-operated with Arista when the last battle was fought with Canales, It appears that Canaliso, being the oldest man did not wish to be oommanded by a younger General of equal rank. I think I hinted some thing of the kind either to you or Mr. Bryan and I have not been mistaken. The troops now under Arista, being composed of his former [force], and now that of Canaliso, will remain on the Rio Grande until every thing is ripe for crossing the river: so that you may rest contented for the present, and perhaps for three of four months, as they have concluded not to be too hasty in the affair, and have ordered a halt in what was considered to be the present troops designed to go against Texas. I have often said that this Country is very slow in its movements ; So are all Spanish Governments, and it may be prob- able that this third effort to reconquer Texas may not be ready for this twelve months to come. But there is no Knowing, and I would rather you should believe the danger nigh, than to view it too far off. That it is the determination of Mexico to make a grand effort, and that they have $800,000 to commence with, is I believe without a single doubt; and you have my request that you take measures accord- ingly. I can say no more for the present on this subject and shall now give you some account of the Indian frontiers whidi I am per- suaded you nor the Grovemment cannot have, which is of the highest importance to Texas, and I have obtained it throu^ a series of diffi- culties, and under the most peculiar circumstances, but in order not to tire out your life by reading my never ending communications, I i^all proceed at once to give you the Most important in as few words as possible. As follows: At the time of the battle of Arista with Canales, there were present several Indians from the Arkansas terri- tory who had just arrived, and were resting from the long voyage they had had over the plains of New Mexico; among these were several Indian chiefs or Captains on business of importance, which was to obtain permission from the Government of Mexico to settle on their vacant lands, in order to become citizens, and be r^noved as far from the Americans as possible, having they said, understood that Mexico was willing and anxious to receive them. This I Knew in 1839. All but one of these Indians returned after the battle, and after conversing with Arista, Except one a Cherokee and he having authority from the Chiefe of his Nation and others was dispatched by Arista under the protection of a Lieutenant Colonel (Teniente Colonel) to this City of Mexico strongly recommended by the said Arista to head quarters as a personage of the highest consideration. Said Indian arrived. I procured his confidence, found him quite intelligent Can read and write— is nearly white— has been at Wash- Digitized by Google 660 AMERICAN HISTORICAL ASSOCIATION. ington, and is no doubt a man of ccMisideration among his people. He was immediately despatched ; ^ obtained permission to remain in the Rio Grande Country with all the tribes who under friendly views wished to accompany him. He asked for California, having under- stood it to be the best country, this however was denied him : the Rio Grande Country however is at the service of all the United States Indians from Chichuachua ^ down as low as Tamaulipas, including the former and latter States, north of those of Coanala y Nuevo Leon, This is to be accomplished as soon as circumstances will admit. They are to move as soon as they see proper. Here is what you saw hinted at on a preceding page, and carries with it matters of the highest consideration to Texas.« I will not comment upon it; you see the views of the Government, you have only to be wise. I have informed you of it and I hope you will take measures accordingly. While in the Minister's room today with this Indian and the Colonel that attends on his business, in conversation upon the present proposed campaign against Texas (he having the utmost confidence in me) I remarked (to find out his mind) " You would no doubt be glad if this Chief with his neighboring tribes were now on the Rio Grande, they could no doubt be serviceable to you." "Would to God — would to God they were, they would be of great help to us." I add the above to show you the views of Government, more strongly, in regard to this matter. The Indian informs me, that they cannot get out under Eighteen Months, or two years, with their families, but that the young Men will no doubt come immediately, he says, further, that they do not wish to take any part with Mexico, in their quarrels, but however sincere he may be, he nor no other man of his tribe can prevent them ; ^ and I find some three or four of the same party, belonging to the Chief's company, actually took part with Arista against Canalis and fought for Arista, merely to show them- selves. I will now go on to mention something further on this subject, when I will proceed to give an account of the Indian frontiers. [Here follows a translation of Almonte to Brown, June 20, 1840.*] Note. — Please be so good as to keep this as dark as possible, from whom it should have come, as it is not Known that the secret, has leaked out, so as to be thus used. Make your own remarks on this, it may prove a bitter pill to Texas, but it can be swallowed. •That is, his business was dispatched. > Chihuahua. ' This may refer to the endeavor of the Mexicans to get information concerolng tlic Indians from the writer of this letter. * The statement " but however sincere . . . can prevent them ** is not that of the chief, but of the writer. • See Senate Docs., 82d Cong., 2d Sess., Ill (Serial No. 660), Doc 14, p. 54. Digitized by Google CORRESPONDENCE WITH MEXICO. 661 July 2d. Dear Sir, Owing to my leaving the city in the morning for the interior for a few days, am under the necessity of closing this letter rather abruptly. As it was my intention to give a full statement of the Indian frontiers down as late as January, I shall now only speak of the most interesting particulars. 1st. Near the old Spanish fort« were in January, some five or six thousand Camanches, Men, Women, and Children, then moving on slowly towards San Antonio; they said, they were in pursuit of Buffaloes, and did not intend to molest the Texans; but appeared to be hostile toward that people, but I learn further from my informant that they (the Camanches) ap- peared to be afraid of the Texans. The Cayeways^ were high up on the North or Main fork of Braosos, not far from where I left them, when out. They were not supposed at this time, (December) to have much notion of sallying down on Texas, as they said they were going to do, when I saw them. The Pawnee tribes very hostile, but fearful. Some five hundred Camanches are on the little Witchytaco,*' a streajn heading nearly at Braosos, and empties in the Red River some twenty miles above the Friendly (but thieving) Maives; this was in November, and is all at present I shall be able to say on this subject. The news of Col. ^ being in the Mines of Guadalahara is «, as I have made every enquiry ; there may be some American prisoner there who would pass himself off for Col. Crockett. Is it not the duty of the United States to enquire into the affair? but no, I forget — ^it is not the custom for them to bother themselves about American prisoners in strange lands, it is the English and French Governments who condescend to do that. Some few weeks since an unhappy affair took place at California, some fifty Americans were taken prisoners and delivered over to the Devil or some one else by the Mexican authorities, stating that said Americans were found engaged in a plot of revolution ; poor fellows, God only knows what will be their end! and as I have said, the United States will not see to it. And furthermore the United States have never had a Minister nor a Consul in this Country, that was con- sidered any better than a Jack- Ass and respected and feared about •At San Saba. • Klowas. • Wichita. 'The name originally written here, but erased, was doubtless Crockett. There was a story that obtained some currency In Texas, through a letter written from Camargo, Febru- ary 6, 1840, by William C. White to the editor of the AuBtin City Gazette, and published in the Issue of that paper for March 18, 1840, to the effect that Crockett had not been killed at the Alamo, but that he had been captured, and was Imprisoned in the mines of Guadalajara, where White, not long before the letter was written, had seen him. • Erased. The word was probably " untrue.*' Digitized by Google 662 AMERICAN HISTOMCAIi ASSOCIATION. as much, with the exception of Poinsett. My opinion is so good, and so well confirmed in what I have said, that I would sooner in any serious matter throw myself by three hundred pr. cent on the English OP French. The Delegates appointed for Washington will leave by first Vessel; much trouble has it cost this Government to get them ready.* Don Pedro Fernandez del Castillo is one, a Lawyer. Don Joachim Velasqu^ de Lion is the oUmt, and you will no doubt see their honors at your public halls ; no great scratch I can as- sure you, have travelled some, know how to bow, be very polite, smoke cigars and perhaps waltz round a ball room with tolerable grace. I must inform you before I leave off, of my calling on Mr. Treat, but not until very lately: poor feUow, I was sorry to find him so ill. This climate is not good for him; it is too high and the air is too much rarefied, and owing to the want of oxygen [he] is ever liable to take cold. I found him polite and friendly and am mudi pleased with him, and sorry that I had not called on him sooner. The letter you were pleased to send me, first fell into his hands, owing to the absence of Mr. *; you wiU however please direct your next letters in the same way as my * will know whom to send them to. Take no rapid measures, from what I have told you of Mexico. For Mexico will move so slow that you may always keep ahead of her. I am Dear Sir Yr. Most humble and obt. Servt. Treat to Lipscomb.^ Mexico July ^th. 1840, Evening, Sir, I have the honor to wait on you with copy of my last respects of 19th into. ; and at same time heg leave most respectively to refer the Department which I have the honor to address to my despatches herewith directed to Gen. Lamar for particulars of my present posi- tion, and of my Expectations. I have the honor to be with the highest Respect and G>nsideration, Your most obedient Servant James Treat To the Hon. wAaheb S. Lipscomb Secy of State Texas • See note «, p. 648. * Erased. 'A. L. & Digitized by Google COBBBSPONDENCB WITH MEXICO. 663 Treat to Lamar.® [Private.] Mexico July 4th. 1840. Sir. I beg leave to wait on you with a Copy of my last respects, under the various dates of 14th. 19th. and 20th. Ulto, to which I refer you, should this first reaqh you as I was compelled to send the original, with various duplicates, by way of Havana, no other opportunity offering in any direction. I have the honor to hand you aiso here- with Copy of a Communication addressed to the Secretary of State [of Mexico], under date 20th. Ulto, with Copies of the Extracts therein referred to, which were taken from a despatch from Col. Bee, dated Washington, April 28th. and received by me on the 19th. Ulto. The Secretary has since informed me verbally that he had ordered them translated^ and appended to the Documents in RelaUon fa Texas, for presentation to Congress, tim being precisely the main object I had in View, in making this communicati(». I hope you will approve of the course. I have adopted in relation to Col. Bee's communication, altho' I had long before Spoken to the Secretary, as regards both the points referred to. I have advised Col. B. what I have done in the matter here, for his information and Government. In the Post Script to my last, I anticipated that the days of the present Ministry were nearly numbered^ and that they would be Com- pelled to succumb^ ov that the result of the Existing struggle might produce Anarchy, if not a thorough Revolution. Such, indeed, was the aspect of things at that time, but I am now happy to inform you that during the last fortnight, things have changed for the better, and at present, the political horrizon appears tranquil and favourable to the party in power. I hope it may thus continue, at least, until I Can get through with my business, for the ordinary delays are enough to try the patience of a Joh, and when these extraordinary causes for postponement arise altho' irresistible, yet they together produce a loss of time, which is really frightful, to one who calculates time, as we are so apt to do. No further progress has yet been made, or in other words our matter is not yet before the Congress, for the Various reasons to which I have before adverted. The Secy of State however assured me yesterday that within a week it should go forward — ih'sX the subject had lost none of its interest with him or the (Jovmt. and in fact, I thought, seemed to feel an increased interest in the matter, in all which I take it for granted the Secretary is Sincere. •A. L. a Digitized by Google 664 AMEMCAN HISTORICAL ASSOCIATION. I shall however Verry soon be able to test this point, for I know of no good reason now why the matter should be further postponed, altho\ I entirely coucmt in the policy of the delay tkus far. The oppK)sition press continue to harp upon me and ihy mission, and charge the Administration with an intention to recognize Texas, and now and then attack ilr. Pakenham for his interference in t?ieir domestic concerns. But as they attempt 7U> argument^ their object not being in any sense patriotic but purely personal and levelled ordy against the ministry^ of course the effect produced is but momentary. The Govmt. Press denies the charges^ and says that the question of Texas is not under the advisement of the Cabinet, and some curious articles occasionally appear, in strange quarters^ all which is more or less unaccountable to me. The ordinary period of the Ses- sion of Congress closed 30th. June, and that body was re-opened by the President on the 1st. inst In the Presidents Speech, he speaks of " The Usurpation of Texas " as one among the various im- portant matters which will claim the attention of Congress — ^but he goes no further. The Speaker of the House in his reply to the Presi- dent outstrips him altogether, for he Says, in his excessive zeal, " Let us not rest, nor cease to labour for a single moment, in the Reduction " of Texas, tha4; Texas which is the head quarters of the Anarchists^ " and the nursery of Revolutions " etc etc ; with other similar and ridiculous Ideas. I had intended Sending you all these various Slips, rather for your amusement than anything else, but I finally gave it up, as a matter merely calculated to excite your laughter. I consider all these things as amounting to nothing, as against me, or my objects, and Still they appear so incomprehensible, incon- sistent, and impolitic, one cannot help expressing astonishment, at what appears to be such absolute foUy. I hope Sir, in my Next, to inform You of the first impressions of the Chamber of Deputies on this Question. In the meantime, I have the honor to be with the highest Considera- tion and Respect, Your Most obedient Servant James Treat To Gen. M B. Lamar. Austin Texas. P. S. I have written the Loan Commissioners in London fvUy this day both via N. York, and direct to London pr. British Packet. I have also advised Col Bee generally of my position and progress. Digitized by Google CORRESPONDENCE WITH MEXICO. 665 Duplicate. [Copy.] Mexico June 20th. 181fi. Most Excellent Sir. I have the honor to enclose Y. E an Extract from a communication, received Yesterday from Barnard E. Bee Esquire, Texan Charge d' Affaires, near the Govmt. of the United States; and also an ex- tract from a despatch from the Secretary of State of Texas to the said Charge d' Affaires, both in relation to the Proclamation of Neu- trality by the President of Texas,** and the Murder of Lt. Col. Benja- min H. Johnson, and his party, on the East Side of the Rio Bravo del Norte, while returning from a peaceful Mission to the Com- mander of the Federal Forces, then in Arms against the Govemmt of Mexico. I have thought it my duty to lay these Extracts before Y. E. for the information of H. E. the President of Mexico, who, with Y. E, will doubtless deplore the sad and cruel fate of Col Johnson, and his men, who had been Sent on a Service, alike advantageous to the Interests of Mexico, as it was honourable to the Sentiments of Philanthropy and Moderation, which actuated the President of Texas. H. E. the President of Mexico will also discover by those commimi- cations additional evidence that the Government of Texas is con- sistent and persevering in the strictly neutral course it has adopted, during the administration of Gen. Lamar, and especidUy since he has more overtures for a friendly adjustment of differences, to the Gov- ernment of Mexico, and pending its deliberation and decision. I avail myself of this opportunity to offer to Y. E my highest respect and Consideration. I remain. Sir Your most obedient Servant, Signed James Treat To H. E. Sr. Don Juan DE Dios Canedo, Secretary of State wnd of foreign Affairs. Extract from a communication from the Texian Charge d* Affaires, dated : " Legation or Texas, " Washington April 28th. 18^0. "Sir, " I received on my arrival here. Some days since, a despatch from "my Govmt. relative to the fate of Col. Johnson, and covering a " Proclamation of which the Enclosed is copy. There being no ac- " credited Agent of Mexico at the present here, I have thought • That is, the proclamation of December 21, 1889, forbidding invasions of Mexico till the outbreak of active hostilities. See Au%tin City Oazetie, Janoary 1, 1840. Digitized by Google 666 AMEBICAN HISTORICAL ASSOCIATION. " proper to lay the Subject before you, that you may present it to the " Authorities of Mexico in Such manner as may be calculable to "produce the best impression; and I Extract for your guidance, " from the Communication of the Secretary of State of Texas, the " following : * Lipscomb to Hamilton and Bubnlet.* Treat to Lipscomb.*' Mexico July 13th. 1840. Sib: I have the honor to acknowledge the reception of your communica- tion of 7th. of May, both original and Duplicate having reached me on the 6th. instant, and I have carefully examined its contents. The communications which I have already had the hcmor to address to the President of Texas, and my despatch of thi^ days ^fefe, will shew to the Department I have the honor to address the exact posi- tion which I now occupy, in reference to the executicm of the Presi- dents instructions, with the Govmt of Mexico. They will also shew that the efforts made by Grovemment to pro- cure from Congress the necessary authority to open formal negotia^ tions with me evince, on their part, (so far as I can judge) a decidedly favourable disposition as regards some amicable arrangement with Texas, and they have adopted what was deemed the hest means to carry out their views. The course adopted, however, has been attended with great delay {yet almost inevitable) arising from the Very Singular organization of the Govmt. ; the peculiar State of Politic's and of parties; and the extreme delicacy and difficulty involved in the question at issue. The Govmt. therefore, being compelled to reach Congress Before it could act formally in the premises, and having now Succeeded in that object, it remains to be seen whether the influences which can be brought to bear on that body shall prove sufficient to induce it 1st To authorize Govmt. to treat with me and receive my propositions, and 2d. to approve and ratify the bases of these propositions, and direct Govmt to close a Treaty under said bases^ and such other gen- eral and Secondary provisions as it may deem expedient. In this position of my affairs, I have deemed it most politic and Expedient not to make known my conditional instructions to with- draw^ nor to act under them at the present moment^ until I see what the Report of the Committee^ may be on the general question of Texas ; • For tbli' letter, see Lip8comt» to Bee, Pebniary 0, 1940.' »Jiily 7, 1840. See Calendar. •A. L. S. Digitized by Google COBBBSPONDENCB WITH MEXICO. 667 the consequent action of the Deputies; and (in the event of these being fa/oourable) how the Govmt. [will] receive my propositions, when fully and legally authorized by the Chambers to open a confer- ence and negotiations on the subject of my mission to Mexico. I hope^ and venture to belie ve^ that the latter period will arrive (if no unfortunate event should occur to suspend or vary my anticipated action of Govmt. and Congress, as regards the policy which I think they have marked out) and, therefore^ I have thought I could keep your last communication in reserve advantageously to meet any sticking point that may arise on the part of the Govmt, on the " sine qua non " or cardinal points and conditions, which I shall be com- pelled, in virtue of my instructions, to present to them for their consideration and decision. So long, then, as matters shall continue to go on Well and favour- ably, / shaU consider that the position of things is so far " decidedly favourable " " to our overtures for Peace " that your instructions to " withdraw from your agency " are not to be acted upon. But whenever anything indicates a change in the course of things; an unjustifiable delay; or I shallcome to any Stopping pointy where both parties seem determined not to give way; in flne^ whenever I can make use of your instructions to advantage, either to, accelerate action, or remove obstacles, I shall then act upon them^ and such other incidental arguments as may be judiciously drawn from them and circumstances^ to produce the desired effect. In adopting this plan of procedure, I conceive that I have, for the present^ best fulfilled the Spirit and even letter of your instructions, and am pursuing a course corresponding with the wishes of the President and the interests of Texas, as exhibited in your last com- munication, as well as in the general tenor of my original instructions. Having come to the foregoing conclusion, I thought proper to consult Mr. Pakenham, whose first impression was to make use of the contents of your letter at once^ but, after discussion and reflection, he finally co-incided with me, to hold it in reserve for a future day. I hope, therefore, in view of the reasons herein contained, and those embraced in my Various despatches, the Department and the President will approve the course I have thus t^niporarily adopted. I again refer the Department to my letters to the President, here- with^ for all further particulars. I have the honor to be, with great Respect and Consideration, Your Most obedient Servant, James Treat To the Hon. Abker S. Lipsoomb Secretary of State Texas. Digitized by Google 668 AMERICAK HISTOBICAIi ASSOCIATION. TkEATTD TiAMAR,* [PriTate.] ]Mexico July 13th. 1840. . SlH. I last had the honor to address you under date of ith. inst., enclosing a copy of a communication directed to the Mexican Secretary of State duplicates of which I have the pleasure to hand you herewith, as it is very possible this may be the first received, as my letters now go to the Coast, without [my] knowing of any special conveyance tor them, and are sent forward as opty., direct or indirect, may chance to offer ; hence they must reach you very irregularly. Since my last, Every thing has continued apparently quiet ; but pub- blic affairs are far from being firmly settled : nor are the main difficul- ties of the Govmt. yet surmounted. Both Houses of Congress have Sanctioned a decree favourable to the Govmt. in its pending conflict with the Conservative power^ and it now remains to be seen whether the latter will declare it null or not. The Govmt. have a majority in both Chambers and in the CowncU in their favour, and, thus far, a Majority of the Commandants General and Governors of the Prov- inces also; while the Conservative Power have the Supr^ne Court and another Corporation called the Court Martial on their Side. The Army [is] mainly for the Govmt. The Government seemed de- termined to carry their points, and in the Reforms of the Constitu- tion already reported by a' Committee of the House and soon to be discussed, it will endeavour to destroy the Consenjative power, or, at least, restrict its invmense prorogatives, and nullify its Sover- eignty over both, the Govmt. and Congress. If in the meantime the Conservative Body and its corporate Supporters before named should push matters to Extremes by further acts of nullity (nullification), or by a dissolution of their respective Bodies, a State of Anarchy will ensue which may destroy the legitimacy of the Govmt. and terminate in a revolutionary Struggle, which will be decided by the Military force instead of public opinion, and the probable result of aU will be the Elevation of a Dictator, if not for life, at least temporarily. I only hope that these Events are yet so far of that I may get fairly through before they commence, and that the Govmt. will Sustain itself and keep its different branches together until I can obtain Some Result through the Action of Congress, which will be decisive, for the present at least, of Your Overtures for Peace. This, Sir, is the very uncertain and unsatisfactory State of things, as apparent at the present Moment. The Deputies having Sanctioned the project of Govmt. restricting the liberty of the Press, it is now in Senate, where it will undoubtedly *L. S. The last sentence written by Treat himself. Digitized by Google CORRESPONDENCE WITH MEXICO. 669 be approved. The Govmt. contemplate no movement against Yuca- tan, for the present. They have no Vessels of war, nor means. If they can retain their authority over the neighboring State of Tobasco, they will do well, and even this is yet very doubtful. The Depart, of War and Marine have called on Congress for authority and means to obtain a Navy. The project of Gvmt. says it shall consist of nothing larger than Corvettes^ and not more than 3 of these^ i Brigs^ 6 Schooners^ 3, Steamers and H Gun Boats — armed launches. The total cost is estimated at PI2 million of Dollars^ and the annual Ex- pense at ONE million of Dollars. This will be passed by Congress, but the Ways and Means will be hard to find just now. Gen. Canaliso has been recalled from the command of Matamoras, and is now on his way to the Capital. Gen. Arista has taken the entire command of the whole of the Northern Division of the Army, and all the frontier Departments. It is said he has under his orders 4000 troops. New Mexico, it is believed, has declared for Federation, or Independence, it is said here by Some, through the aid and co-oper- ation of the Texians. The topic of the intended Recognition of Texas by Gvmt. is still adverted to by the papers, and insisted on by Some, while others have heretofore denied any such plan, or intentions. Of Canales we know nothing positive ; he is said to be reorganizing and concentrating his forces. The Million Loan is now being taken up, at the rate of about 80% Gas\ and W% papers^ which cost the parties about 5. to 8% of its face. Interest 1. to 1.^2% pr Month. So much for affairs purely Mexican^ but which effect indirectly the interests of Texas. You will now like to hear something of our own affairs, in relation to which I have but little to say. On the 3d. July a call was made in the House of Representatives on the Executive, for any and all information and Documents in his possession, in relation to Texas, and on the 6th. inst. the Gvmt. Sent in all the papers, docu- ments and correspondence in its possession, with the report and A ction thereon of the Gvmt. and Council. The papers were endorsed ^'Urgent ^^ to be acted on " with closed doors^'^ and the Speaker of the House, in introducing the Subject, Said that " the Subjelt was of the highest importance^ and he particularly requested the most rigid Secrecy on the part of the Members." The papers were read and passed to a preexisting Special Committee on Texan affairs of three Persons. Yesterday, one of the opposition papers announced the fact that the Subject was before the Chambers, on a motion made by Such [and such] a Member^ and that Gvmt. had recommended great Secrecy in its discussion. The Committee will not probably report sooner, than 10. or 8. days hence. I trust that they will report in accordance with the wishes of the Gvmt. and my own, and I hope the House will sustain the report, and that I shall therefore be called upon, in due form, to open my Negotiation with th^ Secretary of Digitized by Google 670 AMERICAN HISTOBICAL ASSOCIATION. State, by my propositions in full. If then, within the Sphere of my instructions and the discreticm which I must necessarily ex€»rcise to Some Extent^ I can make my propositions so far acceiptable, or admis- sible, on the part of Gvmt. as to induce it to exercise all its influence in the Chambers in the Batification of the bases of the arrangement^ I think I will then have Succeeded in obtaining a Treaty of Peaoe^ Recognition^ Indemnity and Uamts. If we cannot agree in all the cardinal points, we may in some of them, and I shall, at least, be able to ascertain how far they are willing now to go to meet your Views, and some good may therefore grow out of my Mission. Any conjectures beyond the above^ would appear superfluous. T have ventured to anticipate thus mMch, for your information, and I trust satisfaction, and that of your Cabinet. I muet however again beg leave, respectfully to remind you, that nothing can be more uncer- tain, than political calculations on Such a delicate topic, in Such a Country, and at Such a juncture, as the present. I beg leave to refer you, to an official letter, I have this day addressd. to the Hon, the Secretary of State, which goes with tlds; and Bemain with great regard and Bei^)ect Your obt Servant Jaues Treat. To Gten: M. B. Lamab — Texas. Treat to Lamar." [Private.] Mexico July iSd 18^0. Sir. My last respects were under date of 13th. instant, copy of whidi you have enclosed, and to it I beg leave to refer You, as it contains the hopes and Expectations I then entertained, in relation to my pending negotiation. I also crave reference to my despatch of same date to the Hon. the Secretary of State, in reply to his last communication. Since then, the scene has changed, and the Event I have so long and so much apprehended has occurred : viz. a Revolution, so far as the Capital is concerned. The movement is on the part of the Feder- alists against the Existing Central Government, and as yet the ques- tion of Supremacy remains undecided, altho' this is the ninth day since the Commencement of the Struggle. During the night of the 14th. and morning of the 15th. inst the Federal party and forces made a quiet movement, and Seized upon. •A. L. s, Digitized by Google COKRESPONDENCE WITH MEXICO. 671 and took possession of the Palace, and secured the President, Busta- mente, and his Smte^ without firing a gun. Making the Palace their Head Quarters^ all those who were dis- posed to join them flocked thither, while the Grovmt. troops were organizing at the Arsenal. Mr Farias,* the leader of the party, was called to the direction of affairs at the Palace as President ^ with Mr. Eejon as his Minister of the Interior^ the command of the revoluticmary forces being confided to Gerd. Urrea. On the Govmt. Side, the Troops were commanded by Mnjor Gen. Valencia, and the only Minister that appeared was Almonte, Secy of War, as the organ of Govemmt. The Govmt. intimated to the revolters a Surrender in two hoyrsy or an attack would be made on the Palace; and up to 2 P. M. both parties were marching troops, posting their Cannon, and Securing Such of the Churches, convents, and advantageous positions, as were within the jurisdiction of their respective cannon. A negative to the Summons was given ; the Hour Expired ; and the Govmt. troops conmienced an attack at 2 P. M. on the 15th. The firing was very active for an hour or two, both of cannon and Musketry, and the loss of Life on both Sides probably nearly equal, tho' very Smalls as it was pretty much at long Shot as usual The firing continued, tho' languidly and at intervals from both Sides, during the day and night, and next morning, the 16th. whew^ a cessation took place, and a parley was brought about by President Bustamente who had been liberated from the Palace that Morning, as is saidy for the purpose of bringing about an arrangement of differ- ences. Commissioners from both sides met, but could agree on noth- ing, but to terminate the question by Arms. At midnight the firing re-commenced, thus shewing tiiat negotia- tions were at an end, for the present. This is, in Substance, what has occurred during the first 48 hours, of the outbreak^ and frcMn that period to the present, the Storj;^ is a brief one. Bustamente and all his Ministers, and probably his Council, have assembled in the Convent of St Augustin, which is the Head Quarters of the Govmt. They have declared the City in a State of Siege, and imder Martial Law. They have received, and are receiving, reinforce- ments or Troops from the surrounding cities and Towns, are extend- ing their lines, as oppty. will permit, increasing their battering cannon, and during the whole of this period of Six days, have kept up an occasional, firing up on the Palace, day and night, which has been as constantly returned. The Palace, also, has received some f Gomez Farfas, a liberal leader, who had been acting President of Mexico, 1838-34. Digitized by VjOOQIC 672 AMERICAN HISTORICAL ASSOCIATION. re-inforcements, and their respective forces are not far from equal, nearly all those of the Palace being infmitry; while a majority of the Govmt forces are cavalry. The City was deprived of its usual supply of water for about 48 Hours, by order of the Govmt. which is now restored. One or two Sortie's from the Palace, and three or four active attacks from the Govmt. troops, have been the occasion of some severe firing, for an hour or two^ generally in the night, and with these exceptions, the firing on both Sides has been casual and des- ultory; just enough to prevent either party frcwn advancing or Securing any new positions. The Govmt. at the commencement dislodged them from one or two important outposts^ but latterly they have gained no decided ad- vantages, nor advanced their Posts. So that things remain essentially about the same as at the offset. Meantime no movement (so far as we know) has taken place in favour of the federalists, but the Departments, so far as heard from, and according to the Govmt. Bulletin's, respond in favour of Government. Gen. St. Anna^ (ever ready to put down the federalists, with whom he has lost caste) has arrived at Perote, with, it is said^ about 1000 Troops, whence he will probably move and a/)t according to Circumstances. He tells the Govmt. that he is ready to co-operate in the restoration of order, and maintainance of the existing State of things. It is in- deed reported that he will arrive here, or in the neighborhood, today or tomorrow, but this is uncertain. It is very probable he will come^ but Jiow soon^ is doubtful. What I have said of recent events is from the best grounded re- ports and rumours, and a rational deduction from aU that is Said pro and con. 'Facts^ we cannot ascertain, as we are all shut up, and unable to Visit any one without the risk of a random Shot or Shell, which are almost constantly flying over and around us. I fear, my dear Sir, I have already exhausted your patience with my necessarily dull and long report^ of nine days Revolution and fighting, without coming to any conclusion. As regards the final result, and its bearing on my affairs, I will venture to remark that, if the Governmt succeed in putting down the Revolution without the intervention of St. Anna^ public affairs will re-assume their former position, more^ or lesSj and my negotiation will be resumed, and carried forward to an issue, perhaps more rapidly^ in consequence of late events. //, a^ain^ the Govmt. are compelled, or induced, to call in, or accept, the aid of St. Anna and his troops, he will co-operate to put down the Revolution, hut all the rest will be for Bimself, Digitized by Google COREESpONDENCE WITH MEXICO. 673 Should he appear as Mediator^ at the call of his friends and parti- zanSj and not in accordance with the wishes of Government, the troops may declare him Dictator and the Conservative Power may confirm it. However the affair may terminate, or whoever may reach the ad- ministration of tlie Govmt, I shall, as soon as any degree of order is restored, press the object pf my Mission to the most Speedy termi- nation, possible^ and, in the event of my being unable to do this promptly and successfully^ I shall, pursuant to my contingent instruc- tions^ withdraw from my Mission. July 27th. This was intended to go, by the British Cabinet Cour- ier to have left on the 2J^th.^ but the Minister has detained the Mes- senger until tOTTiorrow Morning^ when he will departs for Vera Cruz. This delay enables me to annoimce the termination of the Revolu- tionary movement in the Capital. On the 24th. and 25th. the firing was kept up among the Belliger- ents, and at times verry briskly, but for the last two days there has been but very little, and since Yesterday nx>on^ not a single Shot has been fired. The Archbishop profferred his mediation to the federal party, and then went to Govmt. where, during the last night and this morning, a sort of agreement, capitulation, or at least, understanding^ was entered into between the parties, and this morning neither of the two chiefs were to be found in the Palace^ Gomez Farias^ nor Vrrea. The officers signed, or agreed to, the arrangement. The terms have not transpired^ but it is believed that Farias escaped from a hope- less enterprize, and that Urrea sold himself to Govmt., and then was permitted to escape also. St. Anna, at last accounts, had reached Puehla^ and was coming on, with all his forces, and whether he will still advance to the City after he hears that the federals have Suc- cumbed, remains to be seen. It is rumoured that, by the arrangement, B'ustamente will resign^ and if so, St. Anna may be called to his place, in which case^ the old Ministry falls^ and St. Anna's friends will occupy their places. In Such Event, and if Congress still occupy their Seats, as is probable, I have an idea that my business may be much abbreviated, and I may succeed entirely. Either this, or St Anna will at once decline any and all action on the question, and use the old War cry of an Expedition against Texas, to enable him to reorganize and increase the Army for his Ultimate Views and purposes. One of these courses, I think it most likely he will adopt, if he gets into power, (which is yet doubtful!) and, of the twOj I think the former the most probable. If Bustamante and his ministry resume, and St. Anna does not come in at all, things will probably move on as before, and my 3»728°--voL 2, PT 1—11 43 Digitized by Google 674 AMEBICAK HISTORICAL ASSOCIATIOK. affairs (as I have before said) progress (I hope more rapidly) to a favourable issue. This^ in the absence of any positive daia^ is all I shall now venture to conjecture. So soon as anjrthing is Settled^ I shall not fail further to advise you. I have the honor to be, with the hi^est Respect and Consideration, Your most obedient S^nrant Jakes Treat To GeiL M. B. Lahar AxisUn Texas. Postscript. July 29th^ Momg. Since the foregoing, things have settled down pretty quietly, altho' Martial Law is still in force, and and will be until the 1st. proximo. This has led some to believe that this measure is int^ided to promote St Anna's views, should he come. He was supposed to be at Puebla last evening. The Govmt tell him oU is over, and his presence not required. His friends, no doubt , tell him how things are situated A^re, and, whether he will return home under his disappointment at not having a finger in the Pye, or push ahead, and compel Bustamante to resign, and he go in as President, or Dictator, remains to he seen. If he brings 1000 good men, he can do what he likes, with the aid and co-operation he will find here. I am however, inclined to believe that the future administration of affairs, will return to the former parties in power, and remain for a while, tho' many think the Ministers, if not Bustamante, wiU resign. We have no Proclamation from the President yet, announcing the restoration of Constitutional order, and convoking Congress. They are probably waiting to hear from St. Anna, This \a aZU can now add, for your further information but you shall hear again from me soon. I am, Verry Respectfully and in great haste Your Most obedient Servant James Treat • Wright to Bee.* Treat to Lipscomb.* [PrlTate.1 Mexico 11. August 18]fi, Sir. I have the honor to hand you herewith Copy of my last respects of 18th. into., to which I beg reference, should the original not have reached the Department. • Jaly 27, 1840. See Wright-Bee Correnpondence July 27-Augii8t 18, 1840 (ostng last date for reference). »A. L. 8. Digitized by Google CORRESPONDENCE WITH MEXICO. 675 I beg leave, most respectfully, to refer the Department I have the honor to adress to my despatch to Gren : Lamar, of this date, which goes herewith, for the particulars of what has transpired since my last advices of July 23rd. to 27th. inclusive^ copies of which are now transmitted. In addition to which, I have only to remark that, as soon as the Govmt. had become a little settled, Say on or about the 1st. of August, I thought it opportune to advert to your contingent instruc- tions of 7th. May, in an interview I had with the Secretary of State, hoping it would produce accelerated action on his part, in relation to my Question. The Conversation that took place undoubtedly produced an im- pression on the mind of the Secretary, and especially when I in- formed him, that my late instructions would not permit me to re- main much longer without Some decisively favourable progress^ in the question of Texas, then fully before him. But the peculiar position of the Cabinet, and particularly of the Secretary himself has induced a suspension, for the time being, and until the question of Extraordinary Powers asked for by the Govmt. shall be decided, as will more fully, and at length appear, by my communication of today, to the President", to which I again respectfully refer the Department. Without anything further of Moment I have the honor to be, with great respect and ccoisideration, Your Most obt and Verry Hble St. James Treat. To the Hon. Abner S. Lipscomb Secretary of State Texas. Treat to Lamar.** [Confidential] Mexico August 11th. 1840. Sir I have the honor to hand you herewith Copies of my last despatch bearing dates from 23rd. to 27th. ult., inclusive, by which you will perceive that the Revolution, which broke out here on the 14th., and continued until the 27th. ulto., had put a stop, for the time being, to all ordinary public business, and of course, to mine. I had hoped, and it was generally believed, that the Govmt., hav- ing completely triumphed over the Federal party, would, after a few days, restore things to their accustomed tranquility, and proceed, in the affairs of Gvmt. with more Strength and popularity (at least nominally) than before. •A. L. 8. Digitized by Google 676 AMEBICAN HISTORICAL ASSOCIATION. But the reverse has been the fact, and their course (certainly a very difficult one under existing circumstances) has been marked with a timid and constantly vascillating policy, up to the present time. For some days after martial Law had expired, they apprehended another movement, on the part of some of the military of high rank, having for their object to bring in Sta. Anna, or, at least, to put out Bustamante and his Ministry; and it was 8 or 10 days before Santa Anna, by countermarching his troops, and retiring himself to his residence, relieved the Gvmt. from any immediate apprehen- sions, as regards his course of policy. Many, however, still think he makes a Virtue of Necessity^ and only waits a fit opportunity, which he has recently lost by misman- agement, to draw his sword, to Save the Republic; or be invited by circumstances, again to take the Helm of Stale, The Ministry then attempted a Resignation feeling their Situation rather weakened than otherwise by the Revolution, and public opinion seemed rather to mark out to them this course, as the terms of the capitulation with the Federal Revolution were neither popular, nor, as many thought, creditable to the Gvmt. Bustamante could not make up a new ministry to his mind, and of course opposed the resignation. Mr. Cuevas however, the Min- ister of the Interior, has resigned, and his place remains open, altho' it is reported, to have been offered to Several persons, who, it [is] stated would not agree to the conditions cermexed. The Cabinet, as a final measure, and one on which their continuance in office would depend, agreed to ask, in the mode pointed out by the Constitution, for Extraordinary powers; and the iniciative of the Law, has already passed the Chamber of Deputies, and sent to the Senate for concurrence, where, if concurred in, it goes to the Can- servative Pow'er^ for confirmation. Its fate in the Senate is somewhat doubtful, tho' it is generaUy thought it will pass in some form, perhaps with modifications. In the Conservative Body it is impossible to conjecture the result, depend- ing entirely upon intrigue and ulterior Views. This corporation is composed of five members only. If the Gvmt. do not obtain the Extraordinary Powers^ in Some Shape, or to Some Extent, the Ministry will then resign^ at least the Secretaries of State and Treasury, for it is believed that, in that Event, Bustamenta will retain Almonte as a Nucleus of the new Cabinet. Thus you see, my dear Sir, how easely a month may be lost, and one finds himself rather retarded in his progress, than otherwise. It has been painful to me in the extreme to witness these delays, and it is even more so, to be compelled to relate tiiem to you, as I know they will be anything but Satisfactory to yourself and your advisora Digitized by Google COKRBSPOin>EKC£ WITH MEXICO. 677 I have said this much, however, that you might the bnetter under- stand my exact present position. I have seen the Secretary repeatedly during this interval, and must do him the justice to Say, that, from all appearances, he has lost none of the interest, which he has uniformly felt, and expressed in our question. He declines, however, in the present agitated State of Affairs, to urge the Committee, who have charge of my papers, to make up their Report, and thus bring the matter at once before the Chambers for discussion, and especially while the question of the extry. powers asked for remains undecided. If tiie powers are granted, he has an accession of Strength, to carry the Texas question forward with more eclat, and if they are not granted, he quits office, and I must understand myself * with his Suc- cessor. I shall, in that case however, count upon all his influence in favour of our question. If I am compelled to re-open, or continue my negotiations with a new Secretary, I shall adopt a very brief plan^ in which I will endeavor to avoid any further procrastination of any moment, in bringing the matter to Scwne conclusion. I write without knowing of any opportunity to forward my letters unless via Havana. I send herewith a dupl. of my last to the Hon the Secretary of State, to which I have nothing to add, except what I have herein communicated. I remain very truly and Respectfully, Your most obedient and Verry Hble Servant James Treat To Gten. M. B. Lamar Avstin Texas. Wright to Bee.* The Wright-Bee Correspondence.^^ [Wright to Beb.'] Mexico July 97, ISlfi. Dear Sir, You will no doubt be surprised when I inform you that this city has been for the last ten days the scene of bloodshed and war. The •That 1b, come to an Qnderatandlng. •August 18, 1840. See Wright-Bee Correspondence, July 27-August 18, 1840 (using last date for reference). • July 27-Augn8t 18, 1840. The copies making up this correspondence are transcrlhed together, and were possibly transmitted by Amory to the Texan government In his letter of November 12, 1840. See Correspondence with the United States In Part I. p. 466-467. •( See note «, p. 461. Digitized by Google 678 AMEBICAir HISTORICAL ASSOCIATIOK. lvt. of Mexico, will amply prove the constancy and perseverance, with whidi she has sustained an absolutely neutral attitude, and prosecuted her pro- posed plan of obtaining a peace, through friendly n^ociations, rather than a resort to further hostilities : That the sacrifices she has already made to secure the blessing of peace cannot be ccMitinued indefinitely : and finally that it is for the Govt, of Mexico now to decide what shall be the future relaticm between the people of the two Countries: whether friends or enemies. The Agent would most respectfully suggest that the evils which must result from an apprehensicm on the Coast that Mexican Vessels are exposed to be captured by the Texian Squadron, now in the Gulf, might be remedied by the Govt, making known officially that the subject of the Squadron is of a Specific diaracter and that they can therefore proceed to sea as heretofore without any ri^ of Cap- ture, as already before stated. And the Agent further remarks that, if the Govt, of Mexoo, will proffer the hospitality and protection of its waters Say the Roadstead of sacrificios to the Texian Vessels of War, the Agent will invite Com. Moore who commands the Texian Squadron to avail of this offer, and thus allay all aprehension of any immediate hostilities. The Agent Most Respectfully sulHuits the preceding facts and observations to the omsideration of the Presidoit of Mexico, with an Earnest desire that they may receive that omsideration which the Agent believes their intrinsic importance will justly entitle them to. Mexico August 19th. ISJft. Treat to Moore. [ Copj •] [ Confidential. ] Mexico August ilst ISlfi. Sir On the 13th. inst. I had the honor to receive a despatch from the Hon. the Secretary of State dated at Galveston 13 June, which came to hand through H. B. M's. Minister, Richard Pakenham, Esquire. • Thi« is a eof^ made b j Moore hlmaplf, which is filed with tlie eoirespoodenoe. Tbere la on file also part of tlie copj actnallj inclosed by Treat to Ltpacomh. Digitized by Google CORRESPONDENCE WITH MEXICO. 691 By this communication, I am apprized of your being in the Gulf with some three or four Vessels of War under your orders, and infer that you was in the vicinity of the port of Vera Cruz about the 4th inst. as my despatch was received in Vera Cruz on the 5th. but imfortunately was inadvertently delayed there three or four days, which, with four days post route^ delayed its reception here until the 13th. inst. This I very much regretted, as it deprived me of the possibility of placing a letter in your hands within the thirteen days named in my despatch as the period which you would await my conmiunica- tion in reply, after the delivery of my despatch in Vera Cruz. Beside the method of conveying my advices to you pointed out in my letter from the Department of State is necessarily very precarious^ as no Master of a Merchant Vessel, (or very few) would be willing to incur the possible responsibility of a deviation from their legiti- mate voiage, by taking despatches to be delivered at Sea, and perhaps the further risk of trouble from the Govt, should they return here, and the fact be known. Consignees bf Vessels in Vera Cruz, I am persuaded, would, in most instances, object to it, and Capts would undoubtedly consult them. You, of course, have not the same dif- ficulties to contend with, in sending in letters to me under cover to the British Minister. The only way I could remedy this difficulty, in case my despatches to you, or to the Gvmt. were highly important, would be to send out from Vera Cruz a small Craft expressly, and, of course, by permission of the Gvmt. which would onZy^roTi.^i^, if my advices were favourable to a continuance of peaceable relations. If for instance, I wished to inform you that my negotiations were broken off without any favour- able result, the Gvmt. would not of course, facilitate my communica- tion with you. In the latter case, I should leave immediately for Vera-Cruz and should manage to find you, or one 'of your Squadron, if then in the vicinity, when the transmission of a despatch would be very doubtful. As it is, however, I am in doubt what will be your course after the lapse of thirteen days,eLnd you recieve nothing from me: whether you will leave the vicinity with the whole of the squadron, or let one of them remain to recieve any thing that I may be able to send you, I am left to conjecture. My instructions require that I shall immediately apprize you in the Event of failing in my Mission, and this I should assuredly do, as soon as possible, either by letter, or in person, if I knew that one of your Vessels would be in the position named in my despatches, but when I shall obtain a final decision from this Gvmt. is yet doubtful. My Negotiations have been retarded, and are now, for the time being suspended, owing to the uncertain position of the Ministry, as it depends upon the results of legislative measures now in progress Digitized by Google 692 AMERICAN HISTORICAL ASSOCIATION. whether they will resign or continue in office. This unsettled State of things arises from an attempt at Revolution, which took place in this Capital on the 15th. July, and continued undecided until the 27th. of the Month, when it was quelled by the Grovmt. which up to the present time has not become so far settled and tranquilized as to be able to proceed with my business. Hence I cannot at this moment, say anything decisive, but must await Events, as they trans- pire which here are always slow, I hope however in the course of about a week I shall be able to judge (at least much better than I can at present) about Jiow long it may be before I reach a final decision, and whether that decision will he favourable to the continuance of peaceful Relations between the two Countries, or otherwise. Under these circumstances of doubt and uncertainty, and as my despatch from the Department says nothing of your movements after the thirteen days during which you would await my despatches, I very much regret that you did not honor me with a letter inform- ing me of your general movements, and particularly how long you, or any of your Squadron would probably remain in the neighbor- hood of Vera Cruz. This information would have aided me very much to keep up a communication with you during your stay in this quarter of the Gulf. I still however anticipate the pleasure of hearing from you soon, and hope you will have embraced the first opportunity of giving me such further information as will better enable me to execute my instructions in keeping you (and perhaps through you, the Gvmt) advised of my progress, up to the -fin^ issue of my mission.- I send you this by the English Packet, to sail from Vera-Cruz 24th. inst. for the Havana. If she falls in with you, you wiU receive ity and with it a despatch for the Secretary of State, which please send forward, by the first of your Vessels that may be going to Gal- veston or New Orleans, or by any Vessels you may meet with bound to the latter Port. If it misses you^ all will go to the Department of State. If you send my despatch to N. Orleans Please place it under cover to your Consul to be forwarded immediately. This, my dear Sir, is ihe best course I can adopt to endeavour to reach you. The report of your being in the vicinity has reached here, by the return to Vera-Cruz of two Mexican Vessels on the 9th. inst which had sailed the day previous. They report that a suspicious Schooner had chased them^ and that they learned by another Me^can craft, that had been boarded that the Schooner was a Texian. They further- more state that the Schooner had captured a Mexican Vessel. This however must be a mistake without doubt. In view of my advices from Gvmt. I have not hesitated to assure this Government in the most positive maavner that your instructions were certainly of Digitized by Google COBBB8PON0EKCE WITH MBXIGO. 693 a pacific character so long as my negotiations with the Government were open and pending. This was necessary or expedient to allay the excitement produced by the report of Your having captured a Mexican Vessel, Another Story is that some Brandy was taken from the Mexican Vessel to which I have replied that if any thing had been taken it was undoubtedly paid for^ and that the Commander had probably taken a receipt therefor, I have informed this Grovmt. that if they would offer you the protection and hospitality of their waters, I would invite you to send in one of your Vessels to Sacri- ficious. This might be attended with some advantages. I will, if I get a favourable reply^ further advise you (if I can manage to get a letter to you) when^ in view of what I shall then inform you, you can exercise your own discretion. I am in daily expectation of hearing from you, in which case I shall be the better able to send you my advices^ which I will Endeavor to do, at all Events^ so soon as I have anything of importance further to advise you. I Remain dear Sir Your Most Obedient and Very Hble Servt Signed Jambs Treat To Com. E W. Moore Commanding Texian Squad/ron in the Gulf of Mexico The above is a true Copy. E. W. Moore Treat to Lamar.* [Inclosing duplicate of letter of August 11, and referring Lamar to contents of letter of August 21 to Lipscomb.] Treat to Lipscomb.* [Transmitting an inquiry, made through Mr. Pakenham, relative to William Harpur, of New Orleans, who was reported to have been killed in the service of Texas, and James Lewis, a native of Wales, who had been last heard from at Matagorda.] Moore to Treat.* Texas Sloop War Austin Off Point Mariandria idth August 181ft. Sir Your letter of the 21st. inst. came to hand this morning by the English Packet Brig Penguin, which Vessel left Vera-Cruz yesterday •Augast 21, 1840. >Copy made by Moore himself. How it came iDto the archives does not appear. Digitized by Google 694 AMERICAN HISTORICAL ASSOCIATION. afternoon; I wUl despatch the Schr. San Jacinto tomorrow to Gralveston with your accompanying three despatches, and a Copy of yours to me agreeably to your request. The Schr San Jacinto has been off this place since the SOtli. July hut has not captured any Vessel nor attempted to do so ; she chased two Schooners two days since, and on one of them standing in for the Land, with the view, as was supposed, of running her on shore, the chase was instantly abandoned to prevent injury to the Mexican property. I arrived off here with the Schr San Bernard in company, on the 18th. inst. and have had, since I left Galveston, favourable op- portunities of capturing seven or eight Mexican Vessels {three I have actually boarded) not one of which has been molested in any manner ! You were, therefore perfectly safe in giving the Mexican Grovem- ment the assurance that you did, and you may still rest perfectly assured, that so long as your negotiations are " open^'* and " pending^'* no Mexican Vessel will be molested by any Vessel of the Texas Navy until I receive additional instructions from my Government. I would have written to you myself sooner but supposed that the letter from the Honble the Secretary of State had given you all the information, respecting my movements, that was necessary. In order that you may without fail communicate with me, or with my government through one of the Vessels under my command you may be certain of either finding this Ship or one of the other Vessels of the Squadron off Point Mariandrea within twenty miles of the Land. I cannot see any benefit that could possibly accrue from having one of the Vessels of our Navy at anchor at Sacraficious and if it be necessary I can anchor this Ship within four miles of Vera Cruz without the " protection " or " hospitality " of the Mexican Govern- ment but in defiance of their whole force ! ! My instructions prevent my appearing off any of the Mexican Ports at present. I am in anxious expectation of hearing defirdtely^ from you at an early date and hope most sincerely that the Mexican Government will acknowledge us at once, which it is certainly her interest to do. I Remain Dear Sir Your Most Obedient and Very Hble Servt E WMooRz To Mr. James Treat City of Mexico. The above is a true copy E. W. Moore Digitized by Google COERESPONDENCE WITH MEXICO. 695 Moore to Pakbnham.« [Inclosing Moore to Treat, August 26, 1840, for delivery to Treat.] MooRB TO Lamar.^ [Prlrate] Texas Sloop War Austin At Sea 28th August ISlfl Latitude 25^ 20' N Longitude 96^ 30' W His Excellency M. B. Lamar President of the Republic of Texas Dear Sir I send by the same Vessel that takes this to Galveston a letter to you and two to the Honble A. S. Lipscomb from Mr. Treat our Agent in Mexico; also a full report to the Honble the Secretary of the Navy of my movements since the 22d July at which time I last wrote, with copies of a letter received from Mr. Treat and my reply. By reference to my report you will see the disposition of tiie Fed- eralists of Yucatan towards the Government of Texas and their anxiety for the cooperation of our Naval force; the weight of which, thrown at this time on their side would, I feel confident, be the means of establishing the Federal Constitution throughout Mexico, when we would be acknowledged at once. The Centralists are allmost prostrate, and single handed with the means already at your Command (the Navy) you might, without the least prospect of being molested by them on the Frontier, dictate to, and no longer ajsik at their hands, that which they can be very soon made to feel is ours already, viz our perfect Independence of them ; and in my humble opinion they will never acknowledge it until they are made to feel it. . With the Navy manned as indifferently as it is, every Mexican Ves- sel can be captured that dare put to sea, and their whole Sea Coast be kept in a perfect state of fear and trembling; why then should we temporize any longer with them, when, if they had the power they would annihilate every male Inhabitant of Texas and spead devas- tation and ruin throughout our devoted Country. •Angost 20, 1840. »A. L. S. Digitized by Google 696 AMERICAN HISTORICAL ASSOCIATION. You may keep Treating with than until the expiration of your ad- ministration and will, in all probability leave for your succe^»r, whoever he may be, to reap all the advantages of your efforts ; no'w is the time to push them for they never were so prostrate ! I Kemain With great Regard Your Obt Sevt E. W. Moore Moore to Lipscomb.^ 28th. August 1840 Texas Sloop of War Austin At Sea Lat 25 05 N Long 96 34 W Sir I recieved on the morning of the 25th inst a communication from Mr. James Treat bearing date 21st Aug and enclosing two letters to you and one to his Excellency the President, which are herewith enclosed, together with a Copy of Mr. Treat's letter and a Copy of my reply which I wrote immediately and put on-board the San Bernard to be sent in by the first opportunity and made sail at once in the direction of Galveston on my way to the Brazos De Santiago, with the San Jacinto in company intending so soon as my despatches are all written to send her on with them and meet me again off Point Mariandrea. From the tenor of Mr. Treat's letter I am under the full conviction that we will never bring the Mexican Government to terms by Treat- ing] backed even as we are, and as they are now assured by Mr Treat that our Vessels wiU not molest theirs, so long as his negotiations are " open " and " pending " they will of course keep them so as long as they can possibly find a pretext, and it will not be long before their Vessels will be running by ours, and they on board laughing at us. To obviate the difficulty that Mr Treat is labouring under in send- ing his despatches out, if his negotiations are still to be kept " open " and " pending " I would most respectfully suggest that I may be per- mitted to Cruize off and close to the Castle of St Juan de Ulloa; and board every Vessel, not Mexican, that sails from Vera-Cruz ; by this course Mr. Treat would not have much, if any difficulty, in getting Capts of merchant Vessels to take charge of a letter for me as the Mexican Authorities could not possibly know by what Vessel I re- ceived a communication; and in the event of his negotiation being broken off, which I hope will be the case soon unless we are at once • A. L. a Digitized by Google CORRESPONDENCE WITH MEXICO. 697 recognized, Mr. Treat could easily get on board of one of the Vessels, not having to pull more than four or five miles. With all due deference, I cannot refrain from the expression of the opinion that we have temporized too long already ; and if we let them see that we really are in earnest, by capturing their Vessels and an- noying their Sea Coast ; which we can do with our Naval force, to at least some extent, I cannot but believe that they will very soon come to terms. I have no faith in their promises, unless they feel that they can be forced to keep them ; — ^The whole history of their negotiations is strong proff of this position. By my report to the Honble the Secretary of the Navy which goes also by the San Jacinto, you will see that the Authorities of the State of Yucatan are, or profess to be our Friends; at all events their Ports are open to any Texan Vessel and they are anxious for the co-oper- ation of our Naval force. At all events I hope something will be done before the meeting of Congress and our present supply of Provisions and Stores are ex- hausted. The fate of our little Navy depends on the issue. I have the honor to be Very Respectfully Your Obt Servt To The Honble Abner S. Lipscomb Secy of State Austin Texas E W. Moore Comdg Texas Navy Memorandum Communicated by Treat to the President or Mexico.'* Treat to Lipscomb.* [Confidential.] Mexico Septemher 7th. 181fl, Sir. Under date of the 21th. Ult I last had this pleasure, duplicate of which is already on its way. I then had the honor to inform You of my Position, and inclosed you a Copy of a Memorandum, which I had under date of the 19th. of August, submitted to this Gvmt. (duplicate of which I hand You herewith) and also a Copy of a • September 5, 1840. See Treat to Lipscomb, September 7, 1840. »A. L. 8. Digitized by Google 698 AMEEICAN HISTORICAL ASSOCIATION. letter, which I addressed to Commodore Moore, to aU which I beg leave to refer the Department and the President. The letter to the Commodore, I have good reas9 ot Texa9, II, 886-888. •Probably Napier. 30728*'— VOL 2, PT 1—11 48 • ■ Digitized by VjOOQIC 754 AMBfilCAN HI6T0RI0AL A680CUTION. Mexico, in rotBrence to the reoeption of an agent from Tiexas nnder the Convention with Her Maj^ty'a GoTemment; but to this inquiry no satisfactory [answer] was received, as it was said, the Commandant of the port was absent, and Her Majesty's Consul had no information upon the subject By the advice of Conmiander Xepear, I this morning despatched my Secretary to Town under the protection of Her Majesty's flag, with instructions to have an interview if possible with the Com- mandant of the place, and to ascertain whether or not, I would be permitted to land, and proceed to Mexico — and if not, whether the flag of truce under which I came into this Harbor would be respected, and the vessel be allowed to remain until I could communicate with you at Mexico? My Secretary having failed to obtain the interview desired, addressed a note to the Commandant, to which T received the accompanying reply, and by which I am informed, that I cannot be permitted to proceed to Mexico. I am further informed, that the Commandant verbally stated to Her Majesty's Consul through whom Mr Hammekens note was conveyed, that the vessel could not be permitted to remain in this Harbor, but that she might return at a future day to receive the answers to the despatches which might be forwarded to Mexico. I have therefore no alternative, but to address you upon this subject, and proceed to sea, with the intention of returning in ten or fifteen days for your answers. You will perceive that by the terms of the Convention (a copy of which with its ratification by the Grovemment of Texas I have the honor herewith to foward you) that my Grovemment has undertaken to pay One Million of pounds Sterling of Mexican foreign debt, pro- vided a Treaty of peace is entered into between the two Countries through the mediation of your Government ; and it is for the purpose of enabling you to offer that Mediation in the most effectual manner, and to negotiate such a treaty, that I now present myself to the au- thorities of this C/Ountry, to make such propositions for the adjust- ment of our differences, as it is hoped, will lead to that most desirable end. My powers are very full, as Conunissioner ; and also Minister Plenipotentiary should I be received as such, in each of which charac- ters I am furnished with letters of credence to His Excellfflioy the President of Mexico. Herewith, I also beg leave to hand you the copy of a letter ad- dressed by the Secretary of State of Texas to you, in reference to the object of my Mission ; * and also the copy of a letter frcnn A T. Bum- ley Esqr.^ (lately associated with Gten. Hamilton in Europe in the negotiation of a loan) Mr Burnley's letter covers one from Lord Palmerston which being ynder seal cannot be copied. I would for- • Mayfleld to Pakenbam, March 30, 1841. » No copy of Barnley'8 letter has been found. Digitized by Google COBBBSPONDENCB WITH MEXICO. 756 ward the oiriginals of these, instead of the copies, together with Ijord Palmerston's letter, had I not been advised to retain them until I could deliver them personally, on account of the risks which a con- veyance by mail involves. I cannot believe that when the olive branch of peace is a third time tendered to Mexico, it will a third time be refused, especially as it will not be pffered imder circumstances which are evidently so de- cidedly advantageous to her, and may be accepted without infljcting the slightest wound on her national pride. We now present our- selves rather in the character of purchasers of the country, than as conquerors, and as such, Mexico can Treat with us with as little mor- tification of feeling as though hostilities had never existed, I there- fore sincerely hope that you will have no serious difficulty in obtain- ing from the authorities at Mexico, permission for myself and Secre- tary to land at Vera Cruz and to- proceed to Mexico for the purpose of entering into such negotiations as may result in the establishment of a peace not only mutually advantageous to both Countries, but which will be permanent in its Character. In compliance with what I have understood to be the desire of the Commandant of Vera Cniz, I shall proceed to sea tomorrow morning, but shall return again to this Harbor as soon after the expiration of ten days from this time, as the vicissitudes of the weather will permit, under the hope of then receiving from you an answer to this com- munication, and permission from the authorities at Mexico to proceed in the object of my mission. I have written to no one at Mexico besides yourself, believing that an application for my reception made by you, would be much more likely to succeed than if addressed by me to any officer of the Gov- ernment ; and having been assured that you would do whatever was necessary to be done, in reference to this matter. I have the honor to be, with great ccMisideration and respect Your very Obt hble. Servt James Webb Her Britanic Majesty's Mission Mexico 10th June 18j^1. Sir: I have the honor to acknowledge the receipt of your letter of the 1st inst. informing me of your arrival at Vera Cruz, for the purpose of making such propositions on behalf of the Government of Texas to the Government of Mexico as might enable me to carry into effect the objects contemplated by the Convention of the 14th November last ; and it is with great concern that I have' now to transmit to you the answer contained in the enclosed copy of a note from the Minister Digitized by Google 756 AMEBICAK HISTORICAL ASSOCIATION. for foreign affairs, which the Mexican Government have returned to my communication announcing your arrival at Vera Cruz, and the object of your Mission to this country. This answer, you will perceive, is altogether unfavorable, as it makes known the present determination of the Government not to depart from the line of Conduct with reference to Texas which, by a note addressed to this mission, a copy of which I also enclose, they signified their intention to observe when the good offices of Her Britanic Majesty's Government were first offered, with a view to bring about a pacific arrangement between the two Republics. I think it necessary to observe to you that this determination has been taken by the Government of Mexico before they have had official communication of the convention of the 14th November 1840; in fact, I have not yet been instructed by Her Majesty's Government to make that communication, although by permission of Viscount Palmerston, the substance of the convention was some time since confidentially made known to them. It accordingly occurs to me that it may, perhaps, suit the views of the Texan Government, whose policy I imagine it to be to avoid com- ing to extremities with this country, to allow the question to remain upon this footing for the present, and to wait for an opportunity to reattempt negotiation under more favorable circumstances. I have, on various occasions, taken the liberty to express to the gentlemen acting for the Government of Texas, with whcrni I have had the honor to communicate, my conviction that it is entirely foi: the interest of Texas to forbear from any acts of hostility or aggres- sion towards Mexico, as long as Mexico refrains from active hostil- ities against that country. The Government of Texas, I have no doubt, possess sufficient in- formation as to what passes in this country to enable them to judge how far it is possible that Mexico will be able, and how soon, to undertake an expedition upon a scale to endanger the safety and in- dependence of Texas. The longer such an expedition is postponed, the less likely it becomes that it should ultimately take place, unless Texas should in the mean time by some act of aggression offend the pride of the Mexicans, and lead them to put in action the means which they undoubtedly possess, if properly directed, of causing serious annoyance to Texas. This opinion I now beg leave most con- scientiously to repeat, as a sincere well wisher of both parties. My commission as mediator, I consider, notwithstanding the pres- ent unfavorable disposition of the Mexican Government, to be still open, hoping that I may one day enjoy the satisfaction of seeing an arrangement effected between the two countries, neither of which, I am well convinced, could be otherwise than prejudiced by becoming assailant of the other. Digitized by Google COBBESPONDENCE WITH MEXICO. 757 I shall not fail to make known to the Government of Texas any in- dication which I may observe of a more favorable disposition on the part of this Government to listen to pacific overtures ; and I shall feel it my duty to attend, to the best of my ability, to any communica- tion which the Texan Government may think proper to address to me having relation to that subject. You will perhaps have the goodness to cause to be delivered to her Majesty's Vice Consul at Vera Cruz the letter from Viscount Pal- merston which is in your possession, to be forwarded to me by the first safe opportunity. I have the honor to be, with sentiments of the highest Considera- tion, Sir Your most Obt Huble. Servant K. Pakenham. Hon James Webb. etc etc. National Palace of Mexico June 8th 18U Sir: The undersigned etc. has had the honor of receiving a communi- cation of the Senr D. Eicardo Pakenham of to day in which he is pleased to impart to him the arrival at Vera Cruz of the Commis- sioner from Texas for the purpose of making propositions to the Supreme Government on the adjustment of the difficulties existing between Mexico and that Department, expressing the earnest de- sire of Her Britanic [Majesty's] Government that the opportunity now presented to conclude them upon honorable and advantageous terms will not be refused Having placed before His Excellency the President of the Re- public this communication in order that he might accord that which is most suitable to a subject apparently of so much importance. His Excellency after a most mature and deliberate examination has been pleased to instruct me to answer Senr. Pakenham, as I have the honor to do, that the Government of Mexico has had no reason to change her opinion, thereby ceasing to appreciate the question of Texas in the same manner in which she appreciated it, when she contested* on the same subject with Mr Pakenham, which informa- tion is to be found in the note to that effect which the Minister ad- dressed to him on the 11th December 1839. Notwithstanding this conviction His Excellency the President duly esteems the friendly solicitude of Her Britanic [Majesty's] « Byldently a mlBtranslatlon for corresponded. Digitized by VjOOQIC 758 AMERICAN HISTORICAL AS80CUTI0N. Government to bring this question to a pacific termination, and he highly regrets not being able to serve his ardent desires of obtain- ing it. But His Excellency the President not being able to depart from the principles of honor and justice which prohibit him from recognizing a dismemberment of the territory, and sanctioning the most remarkable act of ingratitude, with which it could have corre- sponded to a magnanimous and generous nation, usurping those rich lands when she exercised her hospitality with those who came to seek it. Besides Mr Pakenham is not ignorant that since the com- mencement of the insurrection of the Department of Texas, innumer- able slaves have been, and are continuing to be introduced, that trade from which humanity turns with horror, and for which cause alone, even if there were no others, the Mexican Republic and its Govern- ment never would bind themselves to an act equivalent to the sanc- tion and recognition of Slavery The undersigned etc. Sebastian Camacho Her Beitanic Majesty's Mission, Mexico 10th June 2841. Hon J. S. Mayfieu) Sir : I have had the honor to receive from Mr. Webb a c<^y of the letter which you were pleased to address to me on the 30th March last, mentioning the appointment of Mr. Webb as Envoy Extraordinary and Minister Plenipotentiary to negotiate a Treaty of Recognition, Amity, and Commerce with Mexico under the friendly auspices of Her Majesty's Government. I beg leave to refer to a letter which I have this day addressed to Mr. Webb, for the result of my endeavours to induce the Government of Mexico to entertain the pacific overtures of the Government of Texas, which, I am concerned to say, have been altogether unsuccess- ful ; but I think it not improbable that at no distant day an oppor- tunity may occur to reattempt negotiation with a better prospect of success, and I shall not fail to make known to you, Sir, any indication which I may observe of such a favorable change in the councils of this Government. I beg leave also to assure you of my entire readiness to attend to any communication which you may be pleased to address to me con- nected with the object of affecting an amicable arrangement between the two Republic's I have the honor to be, with sentiments of the highest consideration. Sir, Your most Obt hiunWe Servt R Pakenham. Digitized by Google oobbespondence with mexico. 759 Texan Schooner San Berkabd Saarificios^ 16th Jvne 1841. Sir, I have the hwior to acknowledge the receipt of your communication of the IQth inst in answer to mine of the first, aiul by whiph, and the documents accompanying it, I am informed of the determination of the Mexican Government to listen to no overtures of pacification frcwu mine, predicated upon the separation of what it terms the Depart- ment of Texas from Mexico. I can but regret this determination, as I fear it will lead to a State of things which every philanthropist must depreciate, and which my Government has been heretofore most anxious to avoid. That the authorities of Texas have sincerely desired to pursue a pacific policy toyrards Mexico, is abundantly evinced in the repeated efforts which have been made to settle by amicable negotiations the differences exist- ing betwen the two Countries; and especially, in prosecuting those efforts under the most discouraging circumstances, and at times too, when had they been disposed to renew hostilities, the internal feuds and external difficulties of Mexico, afforded the most inviting oppor- tunities of doing so. You are no doubt aware, that repeated overtures have been made by the Federalists of the Northern and Southern provinces of Mexico, accompanied by the most alluring offers, to induce the people of Texas to unite with them in a war against their Government, and to make common cause in forcing an acknowledgement of our and their Inde- pendence ; and you are no doubt equally aware that all of these over- tures have been rejected on the part of my Government. This course was pursued by us under the impression, that Mexico appreciating the motives of our forbearance, and perceiving the amicable spirit which Texas was disposed to cultivate towards her, would change her policy in reference to us — a policy, which, without incurring the imputation of boasting we think we may confidently assert, can never result in any benefit to her. What course my Government will feel itself bound to pursue in reference to this controversy in future, I am imprepared to say. One thing is certain, having voluntarily made three distinct effcH^ for amicable negotiations. She can never make a fourth unless invited to it ? Your suggestions of a continuance of the pacific policy heretofore adopted, shall be duly made known, and I have no doubt will have great weight; but the people of Texas generally, have received so much annoyance from the disturbed condition of her frontier, and from the repeated, tho' hitherto unmeaning threats of invasion, that they would decidedly prefer an active and energetic prosecution of the war, to the state of suspense and sullen hostility which has existed between the two Nations for the last five years; and altho' the Gov- Digitized by Google 760 AMERICAN HISTORICAL ASSOCIATION, ernment might be disposed to longer forbearance, I think it possible that so general an expression of public Sentiment may exercise an in- fluence on the public councils which can no longer be resisted. The c(Mnmunication from Viscount Palmerston to which I referred in my last^ I have now the honor of enclosing to you, tho' from the letter of Mr Burnley, I presume it cannot in the present posture of affairs be rendered available. I have also the honor of enclosing to you the original letter of the Secretary of State of Texas, to the copy of which heretofore forwarded, I have received your reply addressed to that officer. I cannot close this conmiunication without tendering to you my sincere thanks, as well as those of the President of Texas, for the many acts of kindness and friendship which you have exhibited towards our infant nati(Hi. Be assured Sir, they are all fully appre- ciated by the Government and the people, and will long be rem^n- bered by them. I have the honor to be, with sentiments of great respect and con- sideration, your very Obt Servt. James Webb Hon Richard Pakenham Her Britajiic Majesty'^s Minister Mexico. Webb to Lamar.<» Gal\t:ston, 2P. June 181^1. My dear General, I arrived here last night from the Coast of Mexico, having been compel'd to return in consequence of the loss of our foremast at sea, when only one half of my duties had been performed. By my in- structions I was directed, if not received at Mexico, to proceed to Tabasco and Yucatan, and ascertain what course those two States, and the other Federalists of Mexico in Combination with them, would be willing to pursue in the event of Texas renewing the War with the Central Government; and it was while proceeding from Vera Cruz to Tobasco for the purpose of carrying out that branch of my in- structions, that our foremast was carried away, and the Sdiooner so crippled as to render a farther prosecution of the Voyage im- practicable. From my letter to the Secretary of State of this date, and the Cor- respondence which accompanies it, you will perceive that all expecta- tion of ever accomplishing any thing hy negotiation with the present «A. L. 8. Digitized by Google CORBESPONDENCE WITH MEXICO. Y61 Government of Mexico, is at an end. They declare emphatically, that they will never discuss, or ever receive propositions, frowt any source whatever^ which have for their object, the seperation of Texas from Mexico. After an avowal so positive and imequivocal in its character, backed too as it is, by the prompt rejection of our Over- tures, and the Mediation of England, there can be but one question left for our discussion. That question is, whether it is better for us to let things remain as they are, or to take such steps without farther delay, as will coerce an acknowledgement of our rights? If we per- mit the question to remain as it is, unsettled; especially when it is known that Mexico has a third time rejected our efforts at Amicable negotiation, and rejected them in terms, which must preclude all farther efforts of that sort from us, I think we run a great risk of destroying all ccmfidence abroad in the Stability of our Government, and will most certainly risk [sinking] our already prostrate credit still lower than it is, if it be possible for it to get lower. One of the greatest evils under which we have heretofore labor'd, has been the want of a full confidence in other countries, in the permanence of Our institutions. It has been impossible to produce a conviction with those, unacquainted with the Mexican Character, and with ourselves, that a Nation possessing a population of 8 Millions of inhabitants, could not at any moment reconquer a revolted province with a popu- lation of less than 150 thousand ; and the impression that it could be done, has heretofore kept from our shores that class of emigration which alone can give wealth, Credit, and Character to the Country — an impression which must gain additional strength from the haughty manner in which Mexico has rejected our third proposition for concilliation. Heretofore, as you well know, I have been an advocate of the pa- cific policy pursued by your administration. I advocated it, because I believed that the War could not be renewed and prosecuted success- fully without much greater resources than our embarrassed finances would enable the Government to command, and that an unsuccessful effort, so far from relieving us, would place the Country in a worse attitude than it already occupied ; but my recent trip to the Coast of Mexico, and information which I have obtained from various sources of the Condition of that Country, has worked a thorough change in my opinions, and I now Conscientiously believe that we can renew the War, and Conduct it to a successful termination for all our pur- poses, without its costing the Nation a single dollar in the end. To explain myself satisfactorily, it is necessary to take a very cursory view of the present posture of affairs in that Country. Yucatan and Tobasco, two of the most important states of Mexico, as you are aware, have already seceded, and declared themselves independent of the existing Government. Their object is not to establish for them- Digitized by Google 762 AlCIBICAN HISTOBIOAZi ASSOCIATION. selwB, seperate and independent (jovemments, but to rest September 26, 1843. See Calendar. «See Records of Department of State (Texas), Book 40, pp. 828-820-880. Digitized by VjOOQIC COKRESPONDENCE WITH MEXICO. 787 I trust that the additional instructions that will be forwarded to you from the War Department will lead to a consummation of your efforts to effect a truce. If it be possible so to arrange it, as to obtain the admission of the fifth article, as presented by you, I entertain no doubt but that you will do so, agreeably to the suggestions of the Secretary of War. I can not perceive any reasonable motive that the Mexicans could have in passing troops over the Nueces river. The very fact of that concession being made, would be calculated to iritate our people and render the duration of the truce more precarious than it other wise would be. And as it is the desire of this government to maintain the most perfect good faith in relation to any stipulations that may be entered into, I am anxious to obviate every impediment to the attain- ment of that object. But if nothing else can be done, and it should be necessary so to do, you will admit the article in question as pre- sented by the Mexican Commissioners, and as communicated by you to this government. In stipulating for commissioners to go to the city of Mexico, you will embrace orie or more commissioners; for it might so happen that the amount appropriated by Congress would not authorise the employ- ment of more than one. Another subject, which you are aware is of deep concern to the peo- ple of this country, is that of the liberation of our prisoners. You will perceive, and the Mexican commissioners ought also, that nego- tiations for a general peace, under an armistice, would progress much more agreeably if the prisoners were restored to their homes. You know that there are many men in every community who seize upon every pretext for keeping up excitement, which is always unfavorable to the attainment of the ends of peace. At the present moment there is a better foundation on which to establish friendly relations with Mexico, than has heretofore existed. You are aware, and I presume Mexico is likewise, that influences from abroad are rather calculated to excite a spirit of war in this country than to calm the troubled waters. If our prisoners were restored without further delay, it would to a great extent counteract these influences and produce a desire for reconciliation with Mexico. So far as the government of Texas was concerned, the Mexican prisoners in Texas were all released. There is not a Mexican held in bondage in the Republic. There are many engaged in voluntary employments, but they cannot be constrained to serve for a single day beyond their own inclination. Several of them are married and set- tled in this coimtry; and you know very well that we have not the power of disfranchising such as may choose to become citizens. Our . constitution guaranties to Mexicans the same rights it does to Anglo- Saxons. Digitized by Google 788 AMERICAN HISTORICAL ASSOCIATION. Furthermore, forty odd Mexicans were captured by Snively and received immediate liberty. Mexicans have not only been treated by this government with liberality, and lenity, but when our govern- ment was very poor, there were no leas than two cartels sent to Matamoros, at considerable expense. These are facts within your knowledge, Grentlemen ; and it cannot be supposed that the Mexicans who were prisoners, and placed at liberty, by this government, could now be compelled to leave this country, after voluntary domiciliation. My proclamation offering convoy to all such as wished to exercise their liberty in returning to Mexico, was based upon an assurance through the British Charg^ d'Affaires that corresponding liberty would be given as well as con- voy, to all Texians held as prisoners by Mexico. The guaranty of England to this effect, I presume will be verified by the correspond- ence upon the subject. It is my earnest desire, as you well know, to see harmony estab- lished between the two countries. They have everything desirable to gain by it. By a renewal of hostilities and continuance of war, Mexico might obtain temporary advantage, but ultimately she would ascertain that she had everything to lose and nothing perman^t to gain. It would be as reasonable to suppose that the waters of the gulf would slumber unagitated by the winds as to imagine that Texas could be subdued and remain in a state of quiescence. After years of toil and suffering, and when millions of treasure had been lavished, the power of Mexico would be impaired; while Texas, (by the influence of immigration and the attraction which her peculiar situation would present to military enterprise, with feelings embittered by protracted war and its attendent calamities), would be a much less desirable neighbor to Mexico than were we now to establish and cultivate amicable relations between the the two coun- tries. I still hope for peace; more for a love of it, and a desire to see communities as well as individuals happy, than from a dread of war. Congress has adopted a resolution to-day to adjourn on the 5th. instant I need not attempt to give- you the detail of their pro- ceedings. The revenues of the last year have more than supported the gov- ernment; and though the President receives very little thanks for it, he will nevertheless endeavor to render the next year equally avail- able to the interests of the country. There is said to be much excitement m the United States in rela- tion to annexation ; and I doubt not that you have seen the United States President's message on the subject of the relations of Texas, Mexico and that government.* • See Bicbardson, Ue^aage* and Papera of iJie PresidenU, IV, 200-262. Digitized by VjOOQIC OOBBESPONDENCE WITH MEXICO. • 789 You will oblige me by presenting my salutations to Gen. WoU, and assure him of my high appreciation of him as a soldier and a gentleman; and express a desire on my part that our relations may never be less courteous than when we dined together at Col. Milton's in New Orleans. I am, gentlemen, with my regards, Very truly your friend, AKTICIiES FOR ARMISTICE BETWEEN MexICO AND TexA8.<» WoLL TO Houston.* Houston to Santa Anna.*' Hill to Woll. Department of War and Marine Washington^ Texas^ July 29th, ^44. Sir: I have the honor to acknowledge the receipt, by His Excellency, the President of this Kepublic, of your commimication dated " Mier 19th. June 1844," announcing to this Government the fact that His Excellency, the President of Mexico had declared a renewal of hostilities against Texas to take date from the 11th. of the same month etc etc., a reply to which is herewith enclosed addressed to His Excellenqr Greneral Antonio Lopez de Santa Anna,^ which it is de- sired may be transmitted to him with as little delay as may be com- patible with convenience. Accept assurances of the high regard with which I have the honor to be Your Obt. Servt. Signed G. W. Hill Sec. War and Marine To General Adrian Woll Matamoras • February 15, 1844. See mieB' Register, LXVI, 97-98 ; The MomtHg Star, April 28, 1844 ; Telegraph and Tewaa Register, April 24, 1844, inclosed with Neill to Jones, March 10, 1844. * June 19, 1844. See Calendar of Correspondence with the United States In Part I. • July 29, 1844. See Calendar of Correspondence with the United States in Part I. Many other letters calendared in* that correspondence deal with the relations between Mexico and Texas. * The reply was from President Houston and it bore the same date as Hlll*s letter. See Calendar. Digitized by Google 790 AMERICAN HISTORICAL ASSOCIATION. Shannon to Rej6n.« Rejon to Shannon.* Shannon to Rejon.*^ Rejon to Shannon.' Shannon to Rejon.* Potter to Smith. Washington — 18th March 184S. To the Hon AsHBEL Smith Secretary of State Sir, A resolution was passed by the House of Representatives during the last session of Congress for publishing the correspondence which took place in carrying out a secret act of the previous session for the Relief of the Texian Prisoners, with the suppression however of the names of those persons who aided in the business and are stijl residing in Mexico.' The suppression merely of the name of Mr. Hargous would I think avail but little in keeping his agency in the matter unknown, since every circumstance mentioned as occurring in Vera Cruz would point to him so plainly that the authorities there could not err as to the individual referred to. As Mr. Hargous made it an express condi- tion with me, when he accepted the agency that his doing so should not be made public, I think our Government would be acting in bad faith by carrying out the resolution of the House ; and some remarks in the correspondence are so pointed against the indiscreet use of the press, too common in Texas, that the very letters would condemn their own publication. • October 14, 1844. See Calendar of Correspondence with the United States In Part I. • October 81, 1844. See Calendar of Correspondency with the United States In Part I. • November 4, 1844. See Calendar of Correspondence with the United States In Part I. • November 6, 1844. See Calendar of Correspondence with the United States in Part I. • November 8, 1844. See Calendar of Correspondence with the United States in Part 1. f For the resolution, see House Journal, 9th Tex. Cong., 1st Sess., p. 381. Digitized by Google CORRESPONDENCE WITH MEXICO, 791 I have therefore to request that the resolution referred to may not be carried into effect, not only for the reasons above stated, but be- cause I do not consider it binding on the Govt, or at this time neces- sary for the satisfaction of the public. I have the Honour to be Very Respectfully Yr. obdt. Servt. Reuben M. Potter Laie Secret Agent to Mexico. Memorandum of conference between Smith, Eluot, and Saliont FOR ADJUSTMENT OF TROUBLES BETWEEN MeXIOO AND TbXAS." Conditions preliminary to a treaty of peace between Mexico and Texas.* Memorandum of understanding between Smith, Eluot, and Sauigny.« Jones to Eluot.* Acceptance by Mexico of conditions preliminary to a treaty with Texas.* Additional declaration of Mexico as to conditions preusonary TO A TREATY WITH TeXAS.' Db CyPREY TO JONES.^ Jones to De Cyprey.* • March 29, 1845. See Jones, Memoranda and 0/fMal Correspondence, 47d-475. * March 29, 1845. See Senate Journal, 9th Tex. Cong., 2d Sees., pp. 89-90; copy In- closed with De Cyprey to Jones, May 20, 1845. March 30, 1845. See Jones, Memoranda and Official Correspondence, 475. 'Bfarch 31, 1845. See Calendar. • May 19, 1846. See Senate Journal, 9th Tex. Cong., 2d Sess., pp. 90-91 ; copy inclosed with De Cyprey to Jones, May 20, 1845. f May 19, 1845. See Senate Journal, 9th Tex. Cong., 2d Sess., p. 92 ; copy Inclosed with De Cyprey to Jones, May 20, 1845. ' May 20, 1845. See Calendar of Correspondence with the United States in Part I. * Jane 6, 1845. See Calendar of Correspondence with the United States in Part I. Digitized by Google CORRESPOHDEHCE WITH YUCATAN. iNffTBUCnONS FOB PeRAZA.* MOOBE TO C00K£.^ Decbee of Congbess of Yucatan concebntno the Zavai^^ Yucatan Dbclabation of Biohtb.' Lamab to the Govebnob of Yucatan.' Letter To the GoTernor of the SUte of Yucatan 20 July 1841. Republic of Texas Executive Depabtment Austin SOth. July 1841 To His Excellency the Govebnob of the State of Yucatan. Most Excellent Sib, In reading, over the Correspondence of Commod<»:^ Moore while commanding the Texan squadron on its late Cruize in the Gulf of Mexico, I have experienced the most sincere and lively Gratificaticm in discovering the many evidences it affords of the kind and friendly sentiments entertained by the Authorities of the State of Yucatan to- ward the Groverment and people of Texas; and I now beg leav^ to assure you sir, that every expression of friendship and regard which has been uttered in your State towards us is most cordially and sin- cerely reciprocated on our part. • August 24, 1840. See Bejdn to Secretary of State, January 18, 1842 (in defense of conduct of YucatAn toward Texas). •August 28, 1840. See Calendar. " September 1, 1840. See BeJ6n to Secretary of State. January 18, 1842 (in defense of conduct of YucatAn toward Texas). ' March 12, 1841. See ReJ6n to Secretary of State, January 18, 1842 (in defense of con- duct of YucatAn toward Texas). . ' Bee Records of Department of SUte (Texas), Book 30, pp. 304-95. 792 Digitized by Google COBBB8PONDENCB WITH YUCATAN. 793 It has been my earnest desire to establish with the States of Yuca- tan, Tobasco and such others as may throw off the Yoke of Central despotism in Mexico, relations of amity and friendship, and to show the disposition of this Government to reciprocate in the fullest manner, every evidence of good will manifested by the Federalists of Mexico towards this country, I hereby have the pleasure of declaring to you, and of making known to your Citizens, that the Ports of Texas are open to the vessels and Commerce of Yucatan upon the same terms as we extend to the most favored nations, and that this (jovt. will require of its Citizens the faithful performance of all con- tracts, obligations, or compromises which they may enter into with the citizens and subjects of Yucatan. Should it be the desire of your Excellency and of the Congress of Yucatan to enter into more permanent, and specific relations of Amity friendship and Commerce with the Government and people of Texas, I have only to assure you that we shall be happy to receive from you, an agent duly accredited for that purpose; and that we will be prepared to enter into such negotiations and arrangements with him, as will be mutually beneficial, and result in securing a full and complete acknowledgment of the respective rights of both Coun- tries from those who are now our enemies. I avail myself of this occasion to express to the people of Yucatan through your Excellency, my sincere wishes for their prosperity and happiness, and of offering to you perscMially, assurances of the dis- tinguished .regard with which I have the honor to be Your Excellency's Most Obt. Servt. MiRABEAU B. LaMAB Barbachano to President of Texas [Lamar].* ExcMO Senor. Al dispensar este Gobiemo, sus autoridades subaltemas y el comim de los pueblos q. mandan, al Senor Moore, Comodoro de la escuadra de esa Beptiblica, las distinciones con que fu£ considerado en su estada en los puertos de esta Peninsula, obraron por un acto simul- taneo de simpatia. Yo al persuadirme por la expresiva nota q V. E. me dirigio con fecha 20, de julio tUtimo, del aprecio que ha hecho de aquellos actos, me he llenado de la mayor complacencia, y esta se aumentari teniendo ocasion de repetirlos para hacer mas ostensible q Yucatan desea estrechar sus relaciones con los PueUlos de Tejas, y unirse con elloe •L. s. Digitized by Google 794 AMEBICAK HISTORICAL. AS80CIATI0K. para sostener la causa de la libertad que han proclamado contra el gobiemo opresor de M6jico. La indicada c. Martin Fran*'^ Peraza, enviado por este Gobiemo al territorio de Tejas para tratar y convenir con el de aquella Bepublica el q facilite sus fuerzas navales al servicio del Estado y al de la causa comun que ambos Gobiemos sostienen. V. Como actualmente est4n amagadas nuestras costas de ser hos- tilizadas por la fuerza marltima q est4 preparando el Gob°^ Central 39728'--V0L. 2, PT. 1—11 61 Digitized by Google 802 AMERICAN HISTORICAL ASSOCIATIOK. de M^jico, agenciard sin perder memento, que el de T^jas auxilie 4 este Estado con toda su escuadra 6 con doe 6 mas buques de ella, pan q pondi^ndolos 4 disposicion y 6rdene6 de este Grobiemo, completa- mente equlpados, opere en union de loe q tiene armados el Estado, ya sea p*' impidir la formacion 6 salida i la mar de toda fuerza marf- tima de M^jico, 6 para batirla donde la encuentre, cuyos gastos serin pagados por el Estado, quien deberi tener dhos buques & su disposi- cion y 6rdenes todo el tiempo q los necesite. 2^. Para estoe gastos se pondr&n 4 disposicicxi del agente ocho-mil pesos que hay disponibles, y otros ocho mil mensuales de q tambien podr& dispcHier, bajo cuyos supuestos proceder4 al ccmvenir, pro- curando sacar las posibles y may ores ventajas en favor del Estado, sin q le retraiga para realizar dicho compromise, cualquiera cantidad q exceda de las expuestas, siempre q no la jusgue exhorbitante, pues en tal caso ser& cubierta la diferencia, aun & costa de todo sacrificio. 3^ Como puede suceder que esta fuerza convinada no sea necesaria en nuestras costas, ni tampoco para perseguir las de Mejico, por que no las haya levantado, ser& condicicxi expresa del convenio que en tal supuesto pueda este Gobiemo destinarla & hostilizar 4 Matamoros, y si es posible hasta apoderarse del puerto, en cuyo caso intervenida su aduana, con sus productos se indemnizard i Yucatan de todos los gastos que hubiese hecho, y cualquiera cantidad remanente ser4 di- visible entre ambos Gobiernos. Lo mismo se har& sin deduccion alguna con el valor de todo buque que se aprese. 4^ Cualquiera insidente que pueda ocurrir y que de algun modo embarace el Uevar 4 efecto las anteriores instrucciones, el agente lo dar4 por previsto y aqui expreso, para aUanar todo tropieso, pues se le autoriza ampliamente para obrar en este concepto c