Class E" H-O^ Book___ / IN EXECUTIVE SESSION, SENATE OF THE U. STATES, WEDNESDAY, February 23, 1848. The following message was received from the President of the Uni- ted States, by Mr. Walker, his secretary: To the Senate of the United States: I lay before the Senate, for their consideration and advice as to> its ratification, a treaty of peace, friendship, limits, and settlement, signed at the city of Guadalupe Hidalgo, on the second day of February, 1848, by N. P. Trist on the part of the United States, and by plenipotentiaries appointed for that purpose on the part of the Mexican government. I deem it to be my duty "to state that the recall of Mr. Trist as commissioner of the United States, of which Congress was infoimed in my annual message, was dictated by a belief that his continued presence with the army could be productive of no good, but might do much harm by encouraging the delusive hopes and false impres- sions of the Mexicans; and that his recall would satisfy Mexico that the United States had no terms of peace more favorable to offer. Directions were given that any propositions for peace, which Mexico might make, should be received and transmitted by the commanding general of our forces, to the United States. It was not "expected that Mr. Trist would remain in Mexico, or continue in the exercise of the functions of the office of commis- sioner, after he received his letter of recall. He has, however, done so, and the plenipotentiaries of the government of Mexico, "with a knowledge of the fact, have concluded with him this treaty. I have examined it with a full sense of the extraneous circum- stances attending its conclusion and signature, which might be ob- jected to; but, conforming, as it does substantially on the main questions of boundary and indemnity, to the terms which our com- missioner, when he left the United States in April last, was au- thorized to offer, and animated, as I am, by the spirit which has governed all my official conduct towards Mexico, I have felt it to be my duty to submit it to the Senate for their consideration, with a view to its ratification. To the tenth article of the treaty there arc "serious objections, and no instructions given to Mr. Trist contemplated or authorized its insertion. The public lands within the limits of Texas belong to that State, and this government has no power to dispose of them, or to change the conditions of grants already made. All valid titles to land within the other territories ceded to the United States will remain unaffected by the change of sovereignty; and I [52] therefore submit that this article should not be ratified as a part of the treaty. There may be reason to apprehend that the ratification of the "additional and secret article" might unreasonably delay and em- barrass the final action on the treaty by Mexico. I therefore sub- mit whether that article should not be rejected by the Senate. If the treaty shall be ratified as proposed to be amended, the ces- sions of territory made by it to the United States, as indemnity, Ihe provision for the satisfaction of the claims of our Injured citizens, anil the permanent establishment of the boundary of one of the States of the Union, are objects gained of great national impor- tance; while the magnanimous forbearance exhibited towards Mex- ico,, it is hoped may insure a lasting, peace and good neighborhood between the two countries. I communicate herewith a copy of the instructions given to Mr. Slidell in November, 1845, as envoy extraordinary and minister plenipotentiary to Mexico; a copy of the instructions given to Mr. Trist in April last, and such of the correspondence of the latter with the Department of State, not heretofore communicated to Ccngfess, as will enable the Senate to understand the action which, has been had with a view to the adjustment of our difficulties with Mexico. JAMES K. POLK. Washington, February 22, 184S. The message was read. The treaty of peace, friendship, limits, and settlement between the United States of America and the Mexican republic, concluded at Guadalupe Hidalgo, on the 2d day of February, in the year 1848, was read the first time. On motion by Mr. Sevier, Ordered, That the treaty, message, and accompanying documents be referred to the Committee on Foreign Relations, and printed in confidence for the use of the Senate. MONDAY, February 28, 1848. Mr. Sevier, from the C.ommittee on Foreign Relations, to whom: was referrred, the 23d instant, the treaty of peace, friendship, limits, and settlement between the United States of America ,and the Mexi- can republic, concluded at Guadalupe Hidalgo, on the 2d day of February, in the year 1848, reported it without amendment. Mr. Webster submitted the following resolution for considera- tion : Resolved, That the further consideration of the message of the President of the United States of the 22d of February, 1848, be postponed; and that it be recommended to the President of the Uni- ted 6 rates immediately to nominate commissioners plenipotentiary, not fewer than three, to proceed to Mexico, for the purpose of ne- gotiating with the republic of Mexico a treaty of peace, boundaries, and indemnities due to American citizens. By favinftfer MAY 20 190G 5 [52] Mr. Houston submitted the following resolution for considera- tion : Whereas, the President of the United States did, on the 23d in- stant, submit to the Senate an instrument purporting to be a treaty between the government of the United States and the republic of Mexico, signed at Guadalupe Hidalgo, on the second day of the present month, by Nicholas P. Trist, falsely assuming to act under the authority of the President of the United States and Lu.s G. Cuevas, Bernardo Conto, and Mig. Atristain, pretending to act by the authority of Mexico: And whereas, the said Nicholas P. Trist was, at the time of sign- ing said instrument, acting contumaciously and in direct violation of the orders of his government recalling him, which orders he had « communicated to the Mexican authorities: And whereas, the said instrument having been signed by a person falsely representing himself as a minister of this government while' acting in violation of his instructions, the laws of the land, and the constitution of this Union, and to the great scandal of our na- tional character, renders the said instrument utterly void and inef- fectual; it would therefore be dangerous, if not ruinous, for the Senate, by their decision, to sanction such a flagrant disregard of the institutions of the country, as it would be holding out induce- ments to similar acts by vicious men, who may be actuated by the most corrupt and treasonable intentions against the liberties of the country: Arid whereas, the very peculiar circumstances under which the said instrument was concluded, do not leave it free from well- grounded suspicion of the interference of agents of other powers, not parties to the instrument, and whose interests are adverse to those of the United States; and, further, it is manifest from the correspondence before the Senate, that information affecting the character of the country as well as the instrument itself, is not be- fore this .body, and as the individual who sent the same has prom- ised much matter with the duplicate, which is to arrive soon: And whereas, it has been declared to be the object of the present war to obtain "indemnity for the past and security for the future," and as it is most probable that the domain proposed to be ceded by ..Mr. Trist's agreement is all granted by Mexico, or will be covered by fraudulent grants, if the agreement should become a treaty, leaving to the United States mere civil and political jurisdiction of the same, while it would be incumbered by conditions relative to the Indians which would be worth more, in a pecuniary point of Tiew, than all the vacant land acquired, and which would leave the government of the United States no indemnity in honor for the lives of its gallant sons who have fallen, no indemnity for the mil- lions expended, nor for the blur which must dim the lustre of our national escutcheon: And whereas, the conduct of the authorities of Mexico have been such as to justify this government to treat her as a conquered people, and to claim a full indemnity for all the injuries which we, as a na- tion, have sustained from her since she has claimed to be a repubiicj [52] 6 it would therefore be but just to the nation and benificent to those of her people who would fall thereby into the United States, that the line of the portion of territory to be claimed should begin one league south of Tan pico, on the sea shore, and from thence run- ning in a straight line west northwest from the beginning, and passing one league south of San Louis Potosi, to the summit of the main ridge of the Sierra Madre and thence northwest along the said ridge of the Sierra, until it strikes the twenty-filth degree of north latitude, and then with said degree or parallel west until it reaches the eastern line of Lower California, thence pursuing' said line south and west until it reaches the Pacific ocean, including such islands as may lie within six leagues of the shore acquired by the United States as a "just indemnity for the past:" And whereas, it is not probable, or even to be supposed, that Mexico will be able to establish and maintain order for the future, it is then proper, and wil 1 be wisdom, to retain possession of Vera Cruz and the Castle of San Juan d'Ulloa, to be garrisoned by a force sufficient for its defence and other points, if needful, as "se- curity for the future," until Mexico shall manifest her capacity or incapacity for self-government, so that foreign powers may not have a pretext for interference in the policy of nations upon this continent; and if they should attempt to interfere, that the United States will be in a condition to vindicate her rights and national honor: And whereas, if Mexico is acting in good faith and is disposed to carry out thg agreement now before the Senate for its action, the Executive has power to send an authorized agent or agents, and give such instructions as he may advise, and thereby rebuke the audacious interference of unauthorized agents in the diplomacy of our country, and prevent a like transaction, or to send a gentle- man whose intelligence and integrity will restrain him from at- tempting any violation of the rights or territory of any sovereign. State of this Union: Therefore, Resolved, That the before described agreement be rejected by the Senate. Mi. Baldwin submitted a resolution, which having been consid- ered, by unanimous consent, was, on motion by Mr. Dickinson, amended and agreed to, as follows: Resolved, That the President be requested to communicate to the Senate, in confidence, the entire correspondence between Mr. Trist and the Mexican commissioners from the time of his arrival in Mexico until the time of the negotiation of the treaty submitted to the Senate; and, also, the entire correspondence between Mr. Trist and the Secretary of State in relation to his negotiations with the Mexican commissioners; also, all the correspondence between Gen- eral Scott and the government and between General Scott and Mr. Trist since the arrival of Mr. Trist in Mexico, which may be in possession of the government. Ordered, That the Secretary lay the said resolution before the President of the United States. 4 [52 TUESDAY, February 29, 1848. The following message was received from the President of tilt United States, by Mr. Walker, his secretary: [confidential.] To the Senate of the United States: In compliance with the resolution of the Senate, passed in " ex- ecutive session" on yesterday, requesting t' e President "to com- municate to the Senate in confidence the entire correspondence be- tween Mr. Trist and the Mexican commissioners, from the time of his arrival in Mexico until the time of the negotiation of the treaty submitted to the Senate; and also the entire'correspondence between Mr. Trist and the Secretary of State, in relation to his negotiations with the Mexican commissioners; also, all the correspondence be- tween General Scott and the government, and between General Scott and Mr. Trist, since the arrival of Mr. Trist in Mexico, which may be in the possession of the government," I transmit herewith the correspondence called for. These documents are very voluminous, and presuming that the Senate desired them in refer- ence to early action on the treaty with Mexico, submitted to the consideration of that body by my message of the 22d instant, the originals of several of the letters of Mr. Trist are herewith com- municated, in order to save the time which would necessarily be required to make copies of them. These original letters it is re- quested may be returned when the Senate shall have no further use for them. The letters of Mr. Trist to the Secretary of State, and especially such of them as bear date subsequent to the receipt by him of his letter of recall as commissioner, it will be perceived, contain much ir.atter that is impertinent, irrelevant, and highly exceptionable, Four of,these letters, bearing date respectively the 29th December, 1847, January 12, January 22, and January 25, 1818, have been re- ceived since the treaty was submitted to the Senate. In the latter, it is stated that the Mexican commissioners who signed the treaty derived " their full powers bearing date on the 30th December, 1847j from the President ad interim, of the republic, (General Anaya,) constitutionally elected to that office in November by the sovereign constituent Congress" of Mexico. It is impossible that I can ap- prove the conduct of Mr. Trist is disobeying the positive orders of his government, contained in the letter recalling him, or do other- wise than condemn much of the matter with which he has chosen to encumber his voluminous correspondence. Though all of his acts, since his recall, might have been disavowed by his govern- ment, yet Mexico can take no such exception. The treaty which the Mexican commissioners have negotiated with him, with a full knowledge on their part that he had been recalled from his mission 5 is binding on Mexico. Looking at the actual condition of Mexico, and believing that, if the present treaty be rejected, the war will probably be continued^. [52] 8 at great expense of life and treasure, for an indefinite period; and considering that the terms, with the exceptions mentioned in my message of the 22d instant, conformed substantially, so far as re- lates to the main question of boundary, to those authorized by me in April last, I considered it to be my solemn duty to the country, uninfluenced by the exceptionable conduct of Mr. Trist, to submit the treaty to the Senate, with a recommendation that it be ratified with the modifications suggested. Nothing contained in the letters received from Mr. Trist since it was submitted to the Senate has changed my opinion on the subject. The resolution also calls for "all the correspondence between General Scott and the government since the arrival of Mr. Trist in Mexico." A portion of that correspondence, relating to Mr. Trist and his mission, accompanies this communication. The remainder of the " correspondence between General Scott and the govern- ment" relates mainly if not exclusively to military operations. A part of it was communicated to Congress with my annual message, and the whole of it will be sent to the Senate if it shall be desired by that body. As coming within the purview of the resolution, I also commu- nicate copies of the letters of the Secretary of War to Major Gene- ral Butler, in reference to Mr. Trist's remaining at the head-quarters of the army in the assumed exercise of his powers of commissioner. JAMES K. POLK. Washington, February 29, 1848. The message was read. On motion by Mr. Houston, Ordered, That the message and documents communicated there- with be printed in confidence for the use of the Senate. The Senate proreeded to consider the resolution submitted by Mr. Webster, the 28th instant; and after debate, On motion by Mr. Johnson, of Maryland, The Senate adjourned. WEDNESDAY, March 1, 1848. The treaty of peace, friendship, limits, and settlement between the United States of America and the Mexican republic, concluded at Guadalupe Hidalgo on the 2d day of February, in the year 1848, was read the second time. On motion by Mr. Sevier, Ordered^ That the Secretary withdraw from the printer the mes- sage and documents which were on the 29th February ordered to be printed in confidence for the use of the Senate. On motion by Mr. Badger, The Senate proceeded to reconsider the order for the printing of the message and documents received on the 29th February; and, On motion by Mr. Sevier, Ordered^ That the message with the accompanying documents, except those received from Nathaniel P. Trist, be piinted in conn- 9 [52] dence for the use of the Senate; and that the latter be referred to the Committee on Foreign Relations. Mr. Houston submitted the following resolution for consideration: Resolved, That the reporter of the Senate be sworn to preserve inviolable secrecy regarding the proceedings and debates of the Senate, while the subject of the treaty with Mexico shall be under consideration in executive session; and that he be. admitted into the Senate chamber during the discussion of that subject with a view- to report the debates under the injunction of secrecy, and subject to the future order of the Senate. The Senate resumed the consideration of the resolution submitted by Mr. Webster, the 28ih instant; and, after debate, On motion by Mr. Johnson, of Maryland, The Senate adjourned. THURSDAY, Makch 2, 1848. Mr. Mangum, from the Committee on Foreign Relations, to whom was referred, on the 1st instant, the correspondence from Nathaniel P. Trist, received with the message of the 29th Feb-uary, reported that the letter from N. P. Trist, of the 25th January, 1848. alone, be printed; but that the committee had examined all the letters and marked such parts as, in their opinion, should be omitted in any order to print those letters. On motion by Mr. Webster, Ordered, That the correspondence of Nathaniel P. Trist, with the exception of such parts as have been marked for omission by the Committee on Foreign Relations, be printed in confidence lor the use of the Senate. The Senate resumed the consideration of the resolution submitted "by Mr. Webster, the 28th instant; and, On motion by Mr. Mangum, Ordered, That it lie on the table. On motion by Mr. Houston, The Senate proceeded to consider the resolution, submitted the 1st instant, to admit the reporter of debates in executive session; and, On the question to agree thereto, It was determined in the negative. On motion by Mr. Sevier, The Senate, as in Committee of the Whole, proceeded to con- sideV the treaty of peace, friendship, limits, and seitWment between the United States of America and the Mexican republic. On motion by Mr. Sevier, To strike out the tenth article of the treaty, a debate ensued. On motion by Mr. Miller, That the Senate adjourn. It was determined in the negative, < -^ , oq On motion by Mr. Sevier, The yeas and nays being desired by one-fifth of the Senators present. [59] 10 Those who voted in the affirmative are, Messrs. Badger, Benton, Berrien, Claike, Clayton, Corwin. Crit- tenden, Davis, of Massachusetts, Dayton, Gieene, Mangura, Miller, Spruance, Underwood, Upham. Those who voted i;i the negative are, Messrs. Allen, Ashley, Atchison, Atherton, Baldwin, Bradbury, Breese, Bright, Butler, Cass, Davis, of Mississippi, Dickinson, Dix, Douglass, Downs, F< Id , Foot, Hannegan, Houston, Hunter, John- son, of Maryland, Johnson, of Georgia, Lewis, Mason, Moor, Niles, Sevier, Sturgeon, Turney, Yulee. The question recurring on the motion of Mr. Sevier, to strike out the tenth article of the treaty: • On motion, by Mr. Crittenden, To divide the question, by striking out from the tenth article the words from "but" to "void," inclusive: The question was stated, "Shall these words stand as part of the tenth article?" to wit: "But the grantees of lands in Texas, put in possession thereof, who, by reason of the circumstances of the country since the be- ginning of the troubles between Texas and the Mexican 'govern- ment, may have been prevented from fulfilling all the conditions of thpir grants, shall be under the obligation to fulfil the said condi- tions within the periods limited in the same respectively; such pe- riods to be now counted from the date of the exchange of ratifica- tions of this treaty; in default of which the said grants shall not be obligatory upon the State of Texas, in virtue of the stipulations contained in this article. "The foregoing stipulation in regard to grantees of land in Texas is extended to all grantees of land in the territories aforesaid else- where than in Texas, put in possession under such grants; and, in default of the fulfilment of the conditions of any such grant, within the new period, which, as is above stipulated, begins with the day of the exchange of ratifications of this trea'y, the same shall be null and void:" And it was determined in the negative — nays 48. Those who voted are, Messrs. Allen, Ashley, Atherton, Badger, Baldwin, Bell, Benton, Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cass, Clarke, Clayton, Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mis- sissippi, Dickinson, Dix, Douglas, Downs, Felch, Foote, Greene, Hale, Houston, Hunter, Johnson, of Maryland, Johnson, of Georgia, Lewis, Mangum, Mason, Miller, Moor, Niles,- Pearce, Rusk, Sevier, Spruance, Sturgeon, Turney, Underwood, Upham, Westcott, Yutee. On motion, by Mr. Mangum, further to divide the question, by striking out the last sentence of the tenth article; The question was stated, "Shall these words stand as part of the tenth article?" to wit: " The Mexican government declares that no grant whatever of lands in Texas has been made since the second day of March, one thousand eight hundred and thirty-six; and that no grant whatever 11 [ 52 ] ''-of lands in any of the territories aforesaid has been made since the thirteenth day of May, one thousand eight hundred and forty-six;" . , .\ ,, . i ■'• ,, 4 - S Yeas 17 And it was determined in the negative, < XT * b ' / Nays ,. 32 Those who voted in the affirmative are, Messrs. Badger, Baldwin, Bell, Berrien, Butler, Clarke, Corwin, Crittenden, Dayton, Greene, Johnson, of Maryland, Johnson, of Georgia, Miller, Pearce, Spruance, Underwood, Upham. Those who voted in the negative are, Messrs Allen, Ashley, Atchison, Atherton. Benton, Bradbury, Breese, Bright, Calhoun, Cass, Davis, of Massachusetts, Davis, of Mississippi, Dickinsin, Dix, Douglas, Downs, Felch, Foote, Hale, Houston, Hunter, Lewis, Mangum, Mason, Moor, Niles, Rusk, Se- Tie'r, Sturgeon, Turney, Westcott, Yulee. The question then recurring on striking out the remaining part of the tenth article; On motion by # Mr. Bell, The Senate adjourned. FRIDAY, March 3, 1848. The Senate, as in Committee of the Whole, resumed the consid- eration of the treaty of peace, friendship, limits, and settlement between the United States of America and the Mexican republic; and the question recurring on striking out the i^maining part of the tenth article. After debate, The question.was stated, "Shall these words stand as part of the treaty?" to wit: "All grants of land made by the Mexican government, or by the competent authorities in territories previously appertaining to Mex- ico and remain'ng for the future within the limits of the United States, shall be respected as valid to the s?me extent that the same grants would be valid if the said territories had remained within the limits of Mexico;" ( Yeas 1 Q And it was determined in the negative, < ^ **' i* . b ' I Nays ' 33 Those who voted in the affirmative are, Messrs. Ashley, Badger, Baldwin, Berrien, Butler, Clarke, Clay- ton, Corwin, Crittenden, Dayton, Greene, Hale, Johnson, of Mary- land, Johnson, of Louisiana, Mangum, Miller, Pearce, Spruance, Upham. Those who voted in the negative are, Messrs. Allen, Atchison, Atherton, Bagby, Bell, Benton, Brad- bury, Breese, Bright, Calhoun, Cass, Dickinson, Dix, Douglas, Downs, Felch, Foote, Hannegan, Houston, Hunter, Johnson, of Georgia, Lewis, Mnson, Moor,' Niles, Phelps, Rusk, Sevier, Stur- geon, Turney, Underwood, Westcott, Yulee. ' On motion, by Mr. Breese, •To strike out of the eleventh article the following words, to wit: [52] 12 And it was determined in the negative, < -^ "Nor to provide such Indians with firearms or ammunition, by Fale or othewise." After debate, The question was stated, " Shall these words stand as part of the eleventh article?" ~ T eas 20 Tays 29 Those who voted in the affirmative are, Messrs. Ashley, Atherton, Bagby, Bell, 'Butler, Cass, Dickinson, Dix, Foote, Hale, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of Georgia, Mangum, Mason, Miller, Moor, Sevier, Stur- geon, Turney. Those who voted in the negative are, Messrs. Allen, Atchison, Badger, Baldwin, Benton, Berrien, Bradbury, Breese, Bright, Calhoun, Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mississippi, Douglas, Downs, Felch, Han- negan, Houston, Hunter, Lewis, Niles, Phelps, Rusk, Spruance, Un- derwood, Webster, Westcott, Yulee. On motion, by Mr. Rusk, To strike out of the eleventh article the following words, to wit: "And in the event of any person or persons captured within Mexican territory by Indians, being carried into the territory of the United States, the government of the latter engages and binds itself in the most solemn manner, so soon as it shall know of such captives being within its territory, and shall be able so to do, through the faithful exercise of its influence and power, to rescue them and return them to their country, or deliver them to the agent or representative of the Mexican government. The. Mexican authorities will, as far as practicable, give to the government of the United States notice of such captures; and its agent shall pay the expenses incurred in the maintenance and transmission of the res- cued captives, who in the mean time shall be treated with the ut- most hospitality by the American authorities at the place where they may be. But if the government of the United States, before receiving such notice from Mexico, should obtain intelligence through any other channel of the existence of Mexican captives within its territory, it will proceed forthwith to effect their release and delivery to the Mexican agent, as above stipulated. "For the purpose of giving to these stipulations the fullest possible efficacy, thereby affording the security and redress de- manded by their true spirit and intent, the government of the Uni- ted States will now and hereafter pass, without unnecessary delay, and always vigilantly enforce, such laws as the nature of the sub- ject may require; and, finally,- the sacredness of this obligation shall never be lost sight of by the said government, when provi- ding for the removal of the Indians from any portion of the said territories, or for its being settled by citizens of the United States; but, on the contrary ,*speeial care shall then be taken not to place its Indian occupants under the necessity of seeking new homes, by committing those invasions which the United States have solemnly obliged themselves to restain." 13 [ 52 ] After debate, The question was stated, "Shall these words stand as part of the eleventh article?" f YpTC Oft And it was determined in the affirmative, < XT X ' I Nays 12 Those who voted in the affirmative are, Messrs. Ashley, Atchison, Atherton, Bagby, Baldwin, Bell, Brad- bury, Breese, Bright, Butler, Calhoun, Cass, Crittenden. Davis, of Massachusetts, Dayton, Dickinson, Dix, Downs, Felch, Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Maryland, Johnson, of Georgia, Mangura, Mason, Miller, Moore, Niles, Phelps, Sevier, Spruance, Sturgeon, Turney, Underwood, Upham, Yulee. Those who voted in the negative are, Messrs. Allen, Badger, Benton, Berrien, Corwin, Davis, of Mis- sissippi, Douglas, Houston, Lewis, Rusk, Webster, Westcott. On motion, by Mr. Douglas, To strike out of the eleventh article the following words, to wit: "Considering that a great part of the territories which, by the present treaty, are to be comprehended for the future within the limits of the United States, is now occupied by savage tribes, who will hereafter be under the exclusive control of the government of the United States, and whose incursions within the territory of Mexico would be prejudicial in the extreme; it is solemnly agreed that all such incursions shall be forcibly restrained by the govern- ment of the United States whensoever this may be necessary; and that when they cannot be prevented they shall be punished by the said government, and satisfaction for the same shall be exacted: all in the same way, and with equal diligence and energy, as if the same incursions were meditated or committed within its own terri- tory against its own citizens." After debate, The question was stated, "Shall these words stand as part of the eleventh article?" And it was determined in the affirmative, < XT eaS ^ 'fNays 5 Those who voted in the affirmative are, Messrs. Ashley, Atchison, Atherton, Badger, Bagby, Baldwin Bell, Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cass, Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mississippi Dayton, Dickinson, Dix, Downs, Felch, Foo'.e, Greene, Hale, Han- negan, Houston, Hunter, Johnson, of Maryland, Johnson, of Loui- siana, Johnson, of Georgia, Mangum, Mason, Miller, Moor, Niles, Phelps, Rusk, Sevier, Spruance, Sturgeon, Turney, Underwood, Upham, Webster, Yulee. Those who voted in the negative are, Messrs. Allen, Benton, Douglas, Lewis, Westcott. On motion by Mr. Sevier, To strike out the additional and secret article of the treaty. The question was stated, "Will the Senate advise and consent to the ratification of this article V 3 [52] 14 And it was dAermined in the negative, ) }J eas 2 fays 48 Those who voted in the affirmative are, Messrs. Baldwin and Johnson, of Maryland. Those who voted in the negative are, Messrs. Allen, Ashley, Atchison, Atherton, Badger, Bagby, Bell, Benton, Berrien, Bradbury, Breese, Bright, Butltr, Calhoun, Cass, Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mississippi, Dickinson, Dix, Douglas, Downs, Felch, Foote, Greene, Hale, Han- negan, Houston, Hunter, Johnson, of Louisiana, Johnson, of Geor- gia, Lewis, Mangum, Mason, Moor, Niles, Phelps, Rusk, Sevier, Spruance, Sturgeon, Turney, Underwood, Upham, Webster, West- cott, Yulee. On motion by Mr. Berrien, The Senate adjourned. SATURDAY, March 4, 1848. The Senate, as in Committee of the Whole, resumed the consid- eration of the treaty of peace, friendship, limits, and settlement be- tween the United States or" America and the Mexican republic. On motion by Mr. Westcott, To strike out of the fifteenth article the following words, to wit: 'To an amount not exceeding three and one quarter millions of dollars." The question was stated, " Shall these words stand as part of the fifteenth article V And it was determined in the affirmative, < -^ , q Those who voted in the affirmative are, Messrs. Ashley, Atherton, Bagby, Baldwin, Bell, Benton, Ber- rien, Bradbury, Breese, Bright, Butler, Calhoun, Cass, Clarke, Crit- tenden, Davis, of Massachusetts, Dayton, Dickinson, Dix, Downs, Felch, Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Mary- land, Johnson, of Georgia, Lewis, Mason, Miller, Moor, Niles, Pearce, Phelps, Sevief, Spruance, Sturgeon, Turney, Underwood, Yulee. Those who voted in the negative are, Messrs. Badger, Corwin, Davis, of Mississippi, Houston, Johnson, of Louisiana, Mangum, Rusk, Upham, Westcott. On motion by Mr. Douglas, To strike out of the fourth article the following words, to wit: "It is also agreed, that if any Mexicans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the following article, the eovernment of the said United States will exact the release of such captive*, and cause them to be restored to their country." After debate, The question was stated. "Shall these words stand as part of X\f fourth article V 15 [ 52 ] And it was determined in the affirmative, < -vr ? '(Nays 10 Those who voted in the affirmative are, Messrs. Ashley, Atherton, Badger, Bagby, Baldwin, Bell, Breese, Bright, Butler, Calhoun, Cass, Corwin, Crittendeja, Davis, of Mas- sachusetts, Davis, of Mississippi, Dayton, Dix, Downs, Felch, Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Maryland, Johnson, of Louisiana, Mangum, Mason, Miller, Moor, Niles, Pearce, Phelps, Sevier, Sturgeon, Turney, Underwood, Upham Yulee. Those who voted in the negative are, Messrs. Allen, Benton, Clarke, Dickinson, Douglas, Houston, Johnson, of Georgia, Lewis, Rusk, Westcott. On motion of Mr. Davis, of Mississippi, To strike out of the fifth article the following words, to wit: 11 And no change shall ever be made therein, except by the ex- press and free consent of both nations, lawfully given by the gene- ral government of each, in conformity with its own constitution." After debate, The question was stated, "Shall these words stand as part of the fifth article?" And it was determined in the affirmative, < X1 **" ' ( Nays U Those who voted in the affirmative are, Messrs. Ashley, Atherton, Badger, Bagby, Baldwin, Bell, Berrien Bradbury, Bright, Butler, Calhoun, Cass, Clarke, Corwin, Crittenden Davis, of Massachusetts, Dayton, Dix, Downs, Felch, Foote, Greene Hale, Hannegan, Hunter, Johnson, of Maryland, Johnson, of Lou- isiana, Johnson, of Georgia, Mangum, Mason, Miller, Moor, Niles Pearce, Phelps, Rusk, Sevier, Spruance, Sturgeon, Turney, Under- wood, Upham. Those who voted in the negative are, Messrs. Allen, Atchison, Benton, Breese, Davis, of Mississippi Dickinson, Douglas, Houston, Lewis, Westcott, Yulee. On motion by Mr. Davis, of Mississippi, " To strike out of the twenty-second article the following words to wit: "Upon the entrance of the armies of either nation into the terri- tories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of the earth, merchants, artisans manu- facturers, and fishermen, unarmed and inhabiting unfortified towns villages, or places, and in general all persons whose occupations aie for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, unmolested in their persons. Nor shall their houses or goods be burnt or other- wise destroyed, nor their cattle taken, nor their fields wasted by the armed force into whose power, by the events of war, they may happen to fall; but if the necessity arise to take any thing from them for the use of such armed force, the same shall be paid for at an equitable price. All churches, hospital*, schools, colleges, libra- ries, and other establishments for charitable and beneficent pur- [ 52 ] 16 poses, shall be respected, and all persons connected with the same protected in the discharge of their duties and the pursuit of their vocations." After debate, The question was stated, "Shall these words stand as part of the twenty-second article ?'•' , A b , * ,, ' re .- S Yeas 45 And it was determined in the affirmative, < ^ k Those who voted in the affirmative are, Messrs. Ashley, Atherton, Badger, Bagby, Baldwin, Bell, Ber- rien Bradbury, Breese, Bright, Butler, Calhoun, Cass, Clarke, Cor- win Davis, of Massachusetts, Dayton, Dickinson, Dix, Douglas, Downs, Felch, Foote, Greene, Hale, Hannegan, Hunter, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of Georgia, Mangum, Mason, Miller, Moor, Niles, Pearce, Phelps, Rusk, Sevier, Spru- ance, Sturgeon, Turney, Underwood, Upham, Yulee. Those who voted in the negative are, Messrs. Benton, Davis, of Mississippi, Houston, Lewis, Westcott. On motion by Mr. Johnson, of Maryland, That the Senate adjourn. c Yeas 25 It was determined in the negative^ Nays'.'.'.... .......... 29 On motion by Mr. Sevier, The yeas and nays being desired by one-fifth of the Senators present, Those who voted in the affirmative are, Messrs. Atchison, Badger, Bagby, Baldwin, Bell, Benton, Ber- rien Clarke, Corwin, Crittenden, Davis, of Massachusetts, Day- ton Greene, Johnson, of Maryland, Johnson, of Louisiana, Lewis, Miller, Pearce, Phelps, Rusk, Spruance, Underwood, Upham, Web- ster, Westcott. Those who voted in the negative are, Messrs. Allen, Ashley, Atherton, Bradbury, Breese, Bright, But- ler Calhoun, Cass, Davis, of Mississippi, Dickinson, Dix, Douglas, Downs, Felch, Foote, Hale, Hannegan, Houston, Hunter, Johnson, of Georgia, Mangum, Mason, Moor, Niles, Sevier, Sturgeon, Tur- ney, Yulee. »,-... On motion by Mr. Davis, of Mississippi, To strike out of the fifth article the following words, to wit: " The mouth of the Rio Grande, otherwise called Rio Bravo del Norte or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence, up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the south- ern boundary of New Mexico; thence, westwardly, along the whole southern boundary of New Mexico (which runs north of the town called Passo) to its western termination; thence, northward, along the western line of New Mexico, until it intersects the first branch of the river Gila, (or if it should not intersect any branch of that river then to the point on the said line nearest to such branch, and thence in a direct line to the same; thence down the middle of the said branch and of the said river, until ii empties into the Rio Col- 17 [52J orado; thence, across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific ocean. u The southern and western limits of New Mexico, mentioned frt this article, arc those laid down in the map, entitled l map of the United Mexicun States, as organized and defined by various acts of the Congress of said republic, and constructed according to the best authorities Revised edition. Published at New York in 1847 by J. Disturnell:* of which map a copy is added to this treaty, bear- ing the signatures and seals of the undersigned plenipotentiaries. And, in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California, it is agreed that the said limit shall consist of a straight line, drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific ocean, distant one marine league due south of the southernmost. point of the port of San Diego, according to the plan of said port, made in the year seventeen hundred and eighty-two by Don Juan Pantoja, second sailingmaster of the Span- ish fleet, and published at Madrid in the year 1802, in the atlas to the voyage of the schooners Sutil and Mexicana; of which plan a copy is hereunto added, signed and sealed by the respective pleni- potentiaries." The question was stated, " Shall these words stand as part of the fifth article %"• On motion by Mr. Lewis, That the Senate adjourn. It was determined in the affirmative, < XT ,« ' I JNays 10 On, motion by Mr. Sevier, The yeas and nays being desired by one-fifth of the Senators present , Those who voted in the affirmative are, Messrs. Atchison, Badger, Bagby, Baldwin, Bell, Benton, Ber- rien, Calhoun, Clarke, Corwin, Crittenden, Davis, of Massachusetts, Dayton, Greene, Houston, Johnson, of Maryland, Johnson, of Lou- isiana, Johnson, of Georgia, Lewis, Miller, Pearce, Phelps, Rusk, Spruance, Underwood, Upham, Westcott. Those who voted in the negative are, Messrs. Ashley, Atherton, Bradbury, Breese, Bright, Butler, Cass, Dickinson, Douglas, Downs, Foote, Hannegan, Hunter, Man- gum, Mason, Moor, Sevier, Turney, Yuiee. So the Senate adjourned. MONDAY, March 6, 1848. The Senate, as in Committee of the Whole, resumed the consid- eration of the treaty of peace, friendship, limits, and settlement between the United States of America and the Mexican republic; and the question recurring on the motion of Mr. Davis, of Missis- sippi, to strike out the words stated from the fifth article, On motion, by Mr. Davis, of Mississippi, and by unanimous con- sent, Ordered, 1 hat he have leave to withdraw the said motion. 2 [52 18 On motion, by Mr. Davis, of Mississippi, to insert the followingy ■ to wit: Article X. The boundary line between the two republics shall commence in the Gulf of Mexico, three leagues from land, opposite a point midway between the mouths of the river San Fernando and Santander, (Boquillas Cerradas and Barra de Santander,) thence westwardly to the town of Labradores, at the head of the mountain pass, from the plain of Linares, thence to Agua Nueva, thence to the southwestern angle of the State of Cohahuila, thence north- wardly along the highlands of the Balson de Malpimi and Santa Rosa mountains to the Rio Grande, the line to be so traced as to include the sources of the river Sabinas, and to intersect the Rio Grande above the mouth of the river Puerco, thence up the main channel of said Rio Grande to the thirty-first parallel of north lati- tude, the-nce due west to the thirty fourth. meridian of longitude west of Washington, thence, in a direct line, to a point on the Rio Colorado of the west, ten miles below the junction of the Gila and Colorado rivers, thence to a point on the coast of the Pacific ocean, one marine league south of the most southern point of the harbor of San Diego. u In order to designate the boundary line with due precision, upon authoritative maps, and to establish upon the ground land- marks which shall show the limits of both republics, as described in the present article, the two governments shall each appoint a commissioner and a surveyor, who, before the expiration of one year from the date of the exchange of the ratifications of this treaty, shall meet at the port of San Diego, and proceed to run and mark the said boundary in its whole course to the mouth of the Rio Bravo del Norte. They shall keep journals and make out plans of their operations; and the result agreed upon by them shall be deemed a part of this treaty, and shall have the same force as if it were in- serted therein. The two governments will amicably agree regard- ing what may be necessary to these persons, and also as to their respective escorts, should such be necessary." After debate, The question was stated, " Will the Senate advise and consent to the ratification of this article 7" f Yeas 11 And it was determined in the negative, < ^ .* Those who voted in the affirmative are, Messrs. Allen, Atchison, Davis, .of Mississippi, Dickinson, Dou- glas, Hannegan. Houston, Lewis, Rusk, Turney, Westcott. Those who voted in the negative are, Messrs. Ashley, Atherton, Badger, Bagby, Baldwin, Bell, Ben- ton, Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cameron, Cass, Clark?, Clayton, Corwin, Crittenden, Davis, of Massachusetts, Dayton, Dix, Downs, Felch, Foote, Greene, Hale, Hunttr, John- son, of Maryland, Johnson, of Louisiana, Johnson, of Georgia, Mangum, Mason, Miller, Moor, Niles, Pearce, Phelps, Sevier, Spruance, Sturgeon, Underwood, Upham, Webster. On motion by Mr. W r estcott, 19 [ 52 ] To strike out of the ninth article the following words, to wit: u T!ie relations and communication between the Catholics living in the territories aforesaid, and their respective ecclesiastical au- thorities, shall be open, free, and exempt from all hindrance what- ever, even although such authorities should reside within the limits of the Mexican republic, as defined by this treaty; and this freedom shall continue, so long as a new demarcation of ecclesiastical dis- tricts shall not have been made, conformably'with the laws of the Roman Catholic church." After debate, On motion by Mr. Atchison, The Senate adjourned. TUESDAY, March 7, 1848. The Senate, as in Committee of the Whole, resumed the consid- eration of the treaty of peace, friendship, limits, and .settlement "between the United States, of America and the Mexican republic; and the question recurring on the, motion of Mr. Westcott to strike out the words stated from the ninth article, On motion by Mr. Westcott, and by unanimous consent, Ordered, That he have leave to withdraw the said motion. On motion by Mr. Johnson, of Georgia, To insert in the ninth article, after the words u Mexican laws,'* the following words, to wit: not inconsistent with the constitution and laws of the United States. The question was stated, " Shall these words stand'as part of the ninth article V f Yeas 38 And it was determined in the affirmative, < XT „ ' I Jxays 7 Those who voted in the affirmative are, Messrs. Allen, Ashley, Atherton, Baldwin, Bell, Berrien, Breese, Butler, Calhoun, Cameron, Clarke, Corwin, Crittenden, Davis, of Mississippi, Dayton, Dickinson, Dix, Felch, Foote, Greene, Hale, Hunter, Johnson, of Maryland, Johnson, of Louisiana, Johnson, of Georgia, Mangum, Mason, Miller, Niles, Rusk, Sevier, Spruance, Sturgeon, Turney, Underwood, Upham, Westcott, Yulee. Those who voted in the negative are, Messrs. Atchison, Badger, Bright, Davis, of Massachusetts, Downs, Lewis, Moor. On motion of Mr. Johnson, of Georgia, To insert at the end of the ninth article the following 1 , to witr ' Provided nothing herein contained shall be so construed as to se- cure to Roman Catholics their religious corporations or communities^ or the ecclesiastical authorities of the Roman Catholic church any ether rights and privileges than such as are enjoyed by other reli- gious sectS) their corporations or communities ^ or ecclesiastical author of peace, arranged, agreed ban ajustado, convenido, y fir- upon, and signed the following mado el siguienle. 39 [ 52 ] Treaty of peace, friendship, lim- Tratado de paz, amistad, limites its, and settlement between the y arreglo definitivo entre la re- united States of America and publica Mexicana y los Estados the Mexican republic. Unidos de America. Article I. Articulo I. There shall be firm and univer- Habra paz firme y universal sal peace between the United entre la republica Mexicana y Slates of America and the Mexi- los Estados Unidos de America, can republic, and between their y entre sus respectivos paises, respective countries, territories, territorios, ciudades, villas, y cities, towns, and people, with- pueblos, sin escepcion de lugares out exception of places or per- 6 personas. sons. Article II. Articulo II. Immediately upon the signature Luego que se firme el presente of this treaty, a convention shall tratado, habra un convenio entre be entered into between a com- el comisionado li comisionados missioner or commissioners ap- del gobierno Mexicano, y el 6 los pointed by the general-in-chief que nombre el General-en-gefe of the forces of the United States, de las fuerzas de los Estados and such as may be appointed by Unidos, para que cesen provis- the Mexican government, to the ionalmente las hostilidades, y se end that a provisional suspension restablerea en los lugares ocupa- of hostilities shall take place, dos por las mismas fuerzas el or- and that, in the places occupied den constitucional en lo politico, by the said forces, constitutional administrativo, y judicial, en cw~ order may be re-established, as anto lo permitan las circunstan- regards the political, administra- cias de ocupacion militar. tive, and judicial branches, so far as this shall be permitted by the circumstances of military oc- cupation. Article III. Articulo III. Immediately upon the ratifica- Luego que este tratado sea rat- tion of the present treaty by the ificado por el gobierno de los government of the United States, Estados Unidos, se expediran orders shall be transmitted to the ordenes a sus comandantes de commanders of their land and tierra y mar previniendo a estos nnval forces, requiring the latter segundos (siempre que el tratado (provided this treaty shall then haya sido ya ratificado por el go- have been ratified by the govern- bierno de la republica Mexicana) ment of the Mexican republic) que inmediatamente alcen el bid- immediately to desist from block- queo de todos los puertos Mexi- a^iing any Mexican ports; and canos, y mand;-ndo a los prime- requiring the former (under the ros (hajo la misma condicion) same condition) to commence, at que a la mayor posible brevedad the earliest moment practicable, comiencen a retirar todas las 'withdrawing all troops of the tropas de los Estados Unidos que L 52 ] 40 on in the interior se hallaien entonoes on el mte- oftheMexit ,topoints rior do la re) Mexicana, i >e s non puntos se< .. in de comua acuefcdo, j quo no distaran He los _ ' I irty p mas de t runt a legu sj s . and s\i »f esta ei de shall la repub ica s« consumera con la be i the least pos- men or dilacion posible, com pro- sib\ Mfex g rem- metiendos gobierao • a facilitar, cuanto que- lity in its power pa en so arbitrio, la evacuai i . a bacer b comodas, su : perma- eir new pos s, and - - puntos que stand- seel : y a promoter una bu- b< I «■« en nd the in- ena int« is j los tea. [gualmente se ubra- - a la? • B en las aduanas mariti- - los put ed S 5, - s fuerzas s £ s, ei iniendol i - i liver la misma condicion) que poagan the inmediatamente en - - Q de - a las p< - re( eive it, s por el g M< \- ■. - - - las - \ -de hos I ex I de ii ion y ex] ion, be u ..'.ire i s no esl6n '. i i - e forn Bel y exacta qu< ste cl ises p in total - -de Mes , by au ly ' .- ion y ex] . re- ad alter the camlad os en las ] imas 6 en a otro • ' - gar de Mea r autori s d e sd e el ion de este tra- tado por el gobi< i re- i; y tambien una ■ _ . jtos de r* can da- sura a de los de- thc ex- rechos cotrad b, Los sola- s gastos ecand the capital se entregara al _ ierno Mexi- of the Mexican lep j the cano en la ciudad de Bfexi s, in los - de las virtue oi the at :es. 41 [ 58 ] •ball be completer! in one month after the order* ipulated for shall ba re been I by the commander of said troopi sooner a possible. Article IV. Immediately after the exchange of ratifications of the pr< treaty, &11 casth , territo- ries, places, and pos which have been taken or occu- pied by the forces of the L nited Stat" s during the present war, within the limits of ican repu about to be estab- lished by the following article, shall be definitively restored to the said republic, together with all the artillery, arms, apparatus o f w a r . ru u a itions, a n d o t h e r p ub- property, whi • in the and forts v. . tured. -and which ^ h a 1 1 rem; in there at the time when this treaty shall be duly ratified by the gov- ernment of the Mexican i To this end, immediately i the si^natuie of this trcaiy, or- ders sha'l be despatched to the American officers commanding such castles and forts, securing sgainst the removal or destruc- tion of any such artillery, arms, apparatus of war, muni' ions, or other public property. The city lexico, within the inner line of in trench merits surrounding the said city, is comprehended in the above stipulations, as regai ds the restoration of artillery, appara- tus of war. &c. The final evacuation of the ter- ritory of the Mexican republic, by the forces of the United States, shall be completed in three months from the said exchange La eraeuacion de la capiti la republics Mexicana por las trop; tad< Unii a de lo qui pulado, se eompletara al ]•' r el comandante de dichastropas las ordenes con- venidas en el presente articulo, . tes si fuere posible. Akticulo IV. Luego que se verifique el cange de '."$ ratifi a< iones del presente tratodo, tod< stillos, fort- s, lugares, y po- ones que bayan toma o las fuerzas de Ids Unidos, en la pres<- i o de lo j que por el enti o van a fi ja- la re e devol- . l definitivamentea la misma la artil l< parejos de guerra, muni- ciones, y cualquiera otra pr' dad publica castillos y fortalezas, cu os, y que erve en ell os al I . rse <-l gobierno de la r«»publica Mexicanael presente tratado. A to, inroediatamente des- pues que se firn scpediran nes a los oficiales America- nos que mandan dichos castillos y fortalezas para asegurar toda la artilleria, armas, aparejos de guerra, municiones, y cualqu otra propiedad publica, la cual no ra en adelante removerse de donde se halla,ni destruirse. La ciudad de Mexico dentro de la linea interior de atrincberamien- tos que la circundan queda com- prendida en la precedente estjp- ulacion en lo que toca a la devo- lucion de artilleria, aparejos de guerra, etc. La final evacuacion del terri- torio de la republics Mexicana por las fuerzas de los Estados [52] 42 of ratifications, or sooner, if pos- sible: the Mexican government hereby engaging, as in the lore- going article, to use all means in iis power Tor facilitating such evacuation, and rendering it con- venient to 'i.etroops,and for pro- moting a good understai ding be- tween them and the inhabitants. If, however, the ratification of this treaiy by both parties should not take place in time to allow the embarcation of the troops of the United States to be comple- ted before the commencement of the sickly season, at the Mexi- can ports on the gulf of Mexico, in such case a friendly arrange- ment shall be entered into be- tween the general-in-chief of the said troops and the Mexican go- vernment, whereby healthy and otherwise suitable places, at a dis- tance from the ports not exceed- ing thirty leagues, shall be desig- nated for the residence of such troops as may not ) et have em- Larked, until the return of the healthy season. And the space of time here referred to as com- hending the sickly season, shall be understood to extend from the first day of May to the first, day of November All prisoners of war taken on either side, on land or on sea, shall be restored as soon as prac- ticable after the exchange of rat- ifications of this treaty. It is al- so agreed that if any Mexicans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the .following article, the government of the said United States will ex- act the release of sui h captives, and cause them to be restored to their country. Uni los quedara consumada a los tres meses del can^e de las rati- ficaciones, 6 an*es si fuere posi- ble, comprometiendose a la vez el gobierno Mexicano, como en el articulo anterior, a usar de to- dos los medios que esien en su poder para faeilitar la tal evacu- cion, hacerle eomoda a las tropas Americaaas, y promover entre ellas y los habitantes una buena inteligencia. Sin embargo, si la ratificacion del presente tratado por ambas partes no tuviera effeQto en tiem- po que permita que el ernba'que de las tropas de los Estados Uni- dos se complete, antes de que comience la estacion malsana en los puertos Mexicanos del golfo de Mexico; en tal caso, se hara un arreglo amistoso entre el go- bierno Mexicano y el general-en- gefe de dichas tropas, y por me- dio de ese arreglo se senalaran lugares salubres y convei lentes (que no disten de los puertos mas * de treinta leguas-) para- que re- sidan en el los hasta la vuelta de la estacion sana. las tropas que aun no se hayan embarcado. Y queda tntendido que el espacio de tiempo de que aqui se habla., como comprensivo de la estacion malsana, se extiende desde el dia primero de Mayo hasta el dia pri~ mero de Noviem.bre. Todos los prisoneros deguerra tornados en mar 6 tierra por am- bas partes, se restitui'ran a la mayor brevedad pcsille despues del cange de las ratifieaciones del presente tratado. Queda tam- bien convenido que se algunos IVItxicanos estuvieren ahora cau^' tivos en poder de alguna tribu salvage dentro de ios limites que por el siguiente articulo van 4 fijarse a los Estados Unidos, el gobierno de los mismos Estados Unidos exigiia su libertad y los hara restituir a su pais. 43 I 52 J Article V. Articulo V. The boundary line between the La linea divisoria entre las dos two republics shall commence in repubhcas comenzara en el golfo the gulf of Mexico, three leagues de Mexico, t res leguas fueia de from land, opposite the mouth of, tierra frente a la desembocadura the Rio Grande, otherwise called del Rio Grande, llamado por otro Rio Bravo del Norte, or oppo- nombre Rio Bravo del Norte, 6 site the mouth of its deepest del mas profundo de sus brazos, branch, if it should have more si en la desembocadura tuviere, than one branch emptying direct- varios brazes; correra por mitad ly into the sea; from thence up de dicho r.io, siguiendo el canal the middle of that river, follow- mas profundo, donde tenga mas ing the deepest channel, where it de un canal, hasta el punto en has more than one, to the point que dicho rio corta el lindero where ir, strikes the southern meridional de Nuevo Mexico; boundary of New Mexico; thence continuara luego hacia occidente ■westwardly, along the whole por todo este lindero meridional southern boundary of New Mex- (que corre al norte del pueblo ico (which runs north of the llamado 'Paso) hasta su terraino town called Paso) to its western por el lado de occidente; desde termination; thence northward, alii subira la linea divisoria ha- a'ong the western line of New cia el norte por el lindero occi- % Mexico, until it intersects the dental de Nuevo Mexico, hasta first branch of the River Gila; (or donde este lindero este cortado if it should not intersect any por el primer brazo del Rio Gila; branch of that river, then to the (y si no esta cortado por ningun point on the said line nearest to brazo del Rio Gila, entonces has- such branch, and thence in a di- ta el punto del mismo lindero oc- rect line to the same;) thence cidental mas cercano al tal brazo, down the middle of the said y da alii en una linea recta al brnVch and of the said river, un- mismo brazo;) continuara des- til it empties into the Rio Colo- pues por mitad de este brazo y rado; thence across the Rio Co- del Rio Gila hasta su confluencia lorado, following the division con el Rio Colorado; y desde la line between Upper and Lower confluencia de ambos rios la li- California, to the Pacific ocean, nea divisoria, cortando el Colo- The southern and western li- rado,seguira el liraite que separa mits of New Mexico, mentioned la Alta de la Baja California in this article, are those laid hasta el inar Pacifico. down in the mnp entitled u Map Los linderos meridional' y oc- of the United Mexican States, as cidental de Nuevo Mexico, de organized and defined by various que habla este articulo, son los acts of the congress of sa : d re- que se marcan en la carta titula- public. and constructed according da: Mapa de los Estados Unidos to the best authorities. Revised de Mexico segun lo organizado y edition. Published at New York, defaido por las varias actas del in 1847, by J. Bisturnell.' 1 '' Of congreso de dicha republica, y which map a copy is added to construido por las mejores auto- this treaty, bearing the signa- ridades. Edicion revisada que lures and seals of the undersign- publico en Nuevo York, en 1847 ? [52] 44 ed plenipotentiaries. And in or- J. Disturnell; de la cual se ag- der to preclude all difficulty in grega un ejeraplar al presente tracing upon the ground the li- tratado, firmado y sellado por los ink separating Upper from Lower plenipo; inrios infrascriptos. California, it is agreed that the Y para evitar toda dificultad al said limit shall consist of a trazar sobre la tierra el limite straight line drawn from the mid- que separa la Alta de la Baja die of the Rio Gila, where it California, queda convenido que unites with the, Colorado, to a dicho limite consistira en una li- point on the coast of the Pa- nea recta tirada desde la mitad cific ocean, distant one marine del Rio Gila en el punto donde league due south of the southern- se une con el Colorado, hasta un most point of the port of San punto en la costa del mar Pacifi- Diego, according to the plan of co, distante una legua marina al said port made in the year 1782, surdel punto mas meridional del by Don Juan Pantoja, second puerto de San Diego, segun este sailing-master of the Spanish puerto esta dibujado en el piano fleet, and published at Madrid in que levanto el ano de 1782 el se- the year 1802, in the Atlas to the gundo piloto de la armadaEspa- vayage of the schooners Sutil nola Don Juan Pantoja, y se pub- and Mcxicana, of which plan a lico en Madrid el de 1802, en el copy is hereunto added, signed atlas para el viage de las goletas and sealed by the respective plen- Sutil y Mexicana; del cual piano ipotentiaries. se agrega copia firmada y seilada # In order to designate thebound- por los plenipotenciarios resptc- ary line with due precision, upon vivos. authoritative maps, and to estab- Para consignar la linea diviso- lish upon the ground landmarks iia con la precision debida en which shall show the limits of mapas fehacientes, y para estab- botb republics, as described in lecer sobre la tierra mojpnes que the present article, the two gov- pongan a la vista los limites de ernments shall each appoint a ambas repiiblicas, segun queaan commissioner and a surveyor, descritos en el presente articulo, who, before the expiration of one nombrara cada uno c!e los dos go- year from the date of the ex- 1 biernos un comisario y un agri- change of ratifications of this mensor, que se juntaran antes del treaty, shall meet at the port of termino de un ano contado desde San Diego, and proceed to run la fecha del cange de las ratihea- and mark the said boundary in ciones de este tratado, en el pu- its whole course to the mouth of erto de San Diego, y procedeian the Rio Bravo del Norte. They a stnalar y demarcar la expresa- shall keep journals and make out da linea divisoria en todo su cur- plans of their operations; and so hasta la desembocadura del the result agreed upon by them Rio Bravo del Norte. Llevaran shall be deemed a part of this diarios y Uevantf.ran pianos de treaty, and shail have the same sus operaciones: y el resultado force as if it were inserted there- convenido por ellos se tendra por in. The two governments will parte de este tratado, y tendra la amicably agree regarding what m'sma fueiza que si estuviese in- may be necessary to these per- serto en el; debiendo convenir sonsjandalso as to their respect- amistosamente los dos gobiernos 45 [ 52 ] ive escorts, should such be ne- en el arreglo de cuanto necesiten cessary. estos individuos, y en la escolta The boundary line established respectiva que deban llevar, si- b y this article shall be religious- empre que se crea necesario. ]y respected by each of the two La linea divisoria que se estab- republics, and no change shall lece por este articulo serareligi- ever be made therein, except by osamente respetada por cada una the express and free consent of de las dos repiiblicas, y ninguna both nations, lawfully given by variacion se hara jamas en ella, the general government of each, sino de expreso y libre consenti- in conformity with its own con- miento de arabas naciones, otor- stitution. gado legalmente por el gobierno general de cada una de ellas, con arreglo a su propia constitucion. Article VI. Articulo VI. The vessels and citizens of the Los buques y ciudadanos de United States shall, in all ti^ne, los Estados Unidos tendran en have a free and uninterrupted todo tiempo un libre y no inter- passage by the gulf of Califor- rumpido transito por el golfo de nia, and by the river Colorado California y por el Rio Colorado below its confluence with the desde su confluencia con el Gila, Gila, to and from their posses- para sus posesiones y desde sus sions situated north of the bound- posesiones sitas al norte de la li- ary line defined in the preceding nea divisoria que queda marcada article: it being understood that en el articulo precedente; enten- this passage is to be by navigat- diendose que este transito se ha ing the gulf of California and the de hacer navegando por el golfo river Colorado, and not by land, .de California y por el Rio Colo- without the express consent of rado, y no por tierra, sin expre- the Mexican government. so consentimiento del o- bierno If, by the examinations which Mexicano. may be made, it should be as- Si por reconocimientos que se certained to be practicable and practiquen se comprobare la pos- advantageous to constructa road, ibilidad y conveniencia de con- canal, or railway, which should struir un camino, canal, 6 ferro- in whole or in part run upon the carril, que en todo 6 en parte river Gila, or upon its right or corra sobre el Rio Gila 6 sobre its left bank, within the space of alguna de sus margenes derecha one marine league from either 6 izquierda en la latitud de una margin of the river, the govern- legua marina de uno 6 de otro inents of both republics will form lado del rio, los gobicrnos de an agreement regarding its con- ambas republicas se pondran de struction, in order that it may acuerdo sobre su construccion a serve equally for the use and ad- fin de que sirva igualmente para vantage of both countries. el uso y provecho de ambos paises. Article VII. Articulo VII. The River Gila, and the part Como el Rio Gila y la parte «f the Rio Bravo del Norte lying del Rio Bravo del-Norte que cor- [52] 46 below the southern boundary of re bajo el lindero meridional de New Mexico, being, agreeably to Nuevo Mexico sedividen por mi- the fifth article, divided in the tad estre las dos republicas, se- middle between the two repub- gun lo establecido en el a-iiculo lies, the navigation of the Gila quinto, la navegacion en el Gila and of the Bravo below said y en la parte que queda indicada boundary shall be free and com- del Bravo, sera libre y comun a mon to the vessels and citizens los buques y ciudadanos de arn- of both countries; and neither bo? paises,sin que p^r alguno de shall, without the consent of the ellos pueda hacerse(sin consent- other, construct any work that imie*nto del otro) ninguna obra may impede or interrupt, in que impida 6 interrumpa en todo whole or in part, the exercise of 6 en parte el ejercicio de este this right; not even for the pur- derecho, ni aun . con motivo de pose of favoring new methods of favorecer nuevos metodos de navigation. Nor shall any tax navegacion. Tampoco se podia- or contribution, under any de- cobrar (sino en el caso de de- nomination or title, be levied sembarco en alguna de sus ribe- upon vessels, or persons navigat- ras) ningun impuestoo contribu- ing the same, or upon merchan- cion bajo ninguna denominacioa diseor effects transported there- 6 titulo a los buques, e/'ectos, on,exceot in the case of landing mercancias 6 personas que nave- upon one of their shores. If, guen en dichos rios. Si para for the purpose of making the hacerlos 6 mantenerlos navega- said rivers navigable, or for bles fuere necesario 6 conveni- maintaining them in such state, ente estabiecer alguna contribu.- it should be necessary or advan- cion 6 impuesto, no podra" esto tageous to establish any tax or hacerse sin el consentimiento de contribution, this shall not be. los dos gobicrnos. done without the consent of both Las estipulaciones contenida* governments. en el presente ariiculo dejan ile- The stipulations contained in sos los derechos territoriales de the present article shall not im- una y otra republica dentro de pair the territorial rights of eitker los limites que les quedan mar- rppnblic within its established cados. limits. Article VIII. Articulo VIII. Mexicans now established in Los Mexicanos establecidos territories previously belonging hoy en territories pertenecientes to Mexico, and which remain lor antes & Mexico, y que quedan the future within the limits of para lo futuro dentro de los lim- thc United States, as defined by ites senalados por el presente the present treaty, shall be free tratado & los Estados Unidos, to continue where they now re- podian permanecer en donde side, or to remove at any time to aho,ra habi f an, 6 trasladarse en the Mexican republic, retaining cualquier tiempo a la republica the property which they possess Mexicana, conservando en los in the said territories, or dispos- indicados territorios los bienes ing thereof, aud removing the que poseen, 6 enagenandolos y proceeds wherever they please, pasando su valor a donde les eon- 47 [ 52 ] without their being subjected, on venga, sin que por esto pueda this account, to any contribution, exigirseles ningun genero de con- tax, or charge whatever. tribucion, gravamen 6 impuesto. Those who shall prefer to re- Los que prtfieran permanecer main in the said territories, may en los indicados territorios, po- either retain the title and rights drdn conservar el titulo y de ( ^ of Mexican citizens, or acquire chos de ciudadanos Mexicanos,6 those of citizens of the United tidquirir el titulo y derechos r;e States. But they shall be under ciudadanos de los Estados Uni- the obligation to make their elec- dos. Mas la eleccion entre una tion within one year from the y otra ciudadania deberdn ha- date of the exchange of ratifica- la dentro de un ano contado des tions of this treat); and those de la fecha del cange de las rrtti- who shall remain in the said ter- caciones de este tratodo. Y los ritories after tie expiration of que permanecieren en los indi- that year, without having de- cadosterriioriosdespuesde trans- clared their intention to retain currido el ano, sin haber decla- the character of Mexicans, shall rado su intencion de retener el be considered to have elected to canicter de Mexicanos, se con- become citizens of the United siderara que han elegido ser ci States. dadanos de los Estados Unidos. In the said territories, proper- Las propiedades de todo gen- ty of every kind, now belonging ero existentes en los expresados to Mexicansnotestablished there, territorios, y que pertenecen shall be inviolably respected, ahora a Mexicanos no estableci- The present owners, the heirs of dos en ellos,sei4n respetadas in- these, and all Mexicans who may violablemente. Sus actuales due- hereafter acquire said property fins, los herederos de estos, y los by contract, shall enjoy, with . Mexicanos que en lo venidero respect to it, guaranties equally puedan adquirir por contrato las ample as if the same belonged to indicadas propiedades, disfruta- citizens of the United States. ran respecto de ellas tan amplia garantia, corao si perteneciesen a ciudadanos de los Estados Uni- dos. Article IX. Articulo IX. The Mexicans who, in the ter- Los Mexicanos que en los ter- ritories aforesaid, shall not pre- ritorios antedichos no conserven serve the character of citizens of el caidcter de ciudadanos de la the Mexican republic, conform- reptiblica Mexicana segun lo es- ably with what is stipulated in tipulado en el precedente articu- the preceding article, shall be lo, seran incorporados en la un- incorporated into the Union of on de los Estados Unidos, y se the United States, and admitted admitir&n lo mas pronto posible as soon as possible, according to conforme i los principios de su the principles of the federal con- constitucion fed e rill, al goze de stitution, to the enjoyment of all la plenitud de derechos de ciu- the rights of citizens of the Uni- dadanos de dichos Estados Uni- ted States. In the meantime, dos. En el entretanto senin man- they shall be maintained and tenidos y protegidos en el goze [ 52 ] 48 protected in the enjoyment of de su libertad, de su propiedad y their liberty, their property, and de los derechos civiles que hoy the civil rights now vested in tienen segun las leyes Mexica- them according to the Mexican nas. En lo respectivo a dere- laws. With respect to political chos politicos, su condicion ser«L rights, their condition shall be iguaH la de los habitantes de los on an equality with that of the otros territorios de los Estados inhabitants of the other territo- Unidos, y. tan buena & lo menos ries of the United States, and at como la de los habitantes de la least equally good as that of Luisiana y las Flondas cuando the inhabitants of Louisiana and estas provincias por les cesiones the Floridas, when these pro- que de ellas hicieron la republica vinces, by transfer from the Francesa y la corona de Espafla French republic and the crown posaron a ser territorios de la of Spain, became territories of Union Norte Americana, the United States. Desfrutar&n igualmente la mas The same most ample guaran- amplia garantia todos los eclesi- ty shall be enjoyed by all eccle- astieos, corporaciones y comuni- siastics and religious corpora- dades religiosas, tanto en el de- tions or communities, as well in sempefio de las funciones de su the discharge of the offices of ministerio, como en el goze de their ministry as in the enjoy- su propiedad de todo genero, ment of their property of every bien pertenezca esta £ las perso- kind, whether individual or cor- nas en particular, bien a las cor- porate. This guaranty shall em- poraciones. La dicha garantia brace all temples, houses, and se extender;! & todos los templos, edifices dedicated to the Roman casas y edificios dedicados al Catholic worship, as well as all culto Catolico Romano, asi como property destined to its support, .& los bienes destinados a* su man- or to that ot schools, hospitals, tenimiento y al de las escuelas, and other foundations for chari- hospitales, y demds fundaciones table or beneficent purposes. No de caridad y beneficencia. Nin- property of this nature shall be guna propiedad de esta clase se considered as having become the considerard que ha pasado a ser property of the American gov- propiedad del gobierno America- eminent, or as subject to be by no, 6 que puede este disponer de it disposed of, or diverted to ella 6 Ylestinarla a otros usos. other uses. Finalmente, las relaciones y Finally, the relations and com- comunicacion de los Catolicos munication between the Catho- existentes en los predichos terri- lics living in the territories afore- torios, con sus respectivas auto- said, and their respective eccle- ridades eclesiasticas, serdn fran- siastical authorities, shall be cas, libres, y sin embarazo algu- open, free, aud exempt from all no, aun cuando las dichas auto- hindrance whatever, even al- ridades tengan :u residencia den- though such authorities should tro de los limites que quedan reside within the limits of the "senalados per el presente tratado Mexican republic, as defined by a la republica Mexicana, mien- this treaty; and this freedom tras no se haga una nueva de- shall continue, so long as a new marcacion de distritos eclesi&sti- 49 [ 52 1 demarkation of ecclesiastical dis- cos, con aneglo & las leyes de la tricts shall not have been made, iglesia Catolica Roinana. conformably with the laws of the Roman Catholic church. Article X. Articulo X. All grants of land made by the Todas l^s concesiones de tierra Mexican government, or by the hechas por el gobierno Mexicano, competent authorities, in territo- opor las autoridatlescorapetentes ries previously appertaining to en territorios que pertenecieron Mexico, and remaining for the antes a Mexico, y quedan para future within the limits of the lo futur uo de los limites de United States, shall be respected los Estado^ Unidos, seran respe- as valid, to the same extent that tados como valt'das, con la misma the same grants would be valid extension con que lo serian si los if the said territories had remain- indicados territoros permanecie- ed within the limits of Mexico, ran dentro de los limites de Mex- 33ut the grantees of lands in Tex- ico. Pero los concesionarios de as, put in possession thereof, tierras en Tejas, que hubieren who, by reason of the circum- tornado po -ion de ellas, y que stances of the country, since the por razon de las circunstancias beginning of the troubles be- del pais desde que comenzaron tween Texas and the Mexican las desavenencias entre el gobi- government, may have been pre- erno Mexicano y Tejas, hayan vented from fulfilling all the con- estado impedidbs de llenar todas ditions of their grants, shall be las condiciones de sus conce- under the obligation to fulfil the siones, tendran la obligacion de said conditions within the periods cumplir las mismas condiciones, limited in the same, respectively; dentro de los plazos seiialados en such periods to be now counted aquellas respectivamente, pero from the date of the exchange of contados ahora desde la fecha del ratifications of this treaty; in de- cange de las ratificaciones de este fault of which, the said grants tratado; por falta.de lo cual, las shall not be obligatory upon the rnismas concesiones no seran ob- State of Texas, in virtue of the ligatorias para el Estado de Te- stipulations contained in this ar- jas en virtud de las estipula- ticle. * ciones contenidas en este arti- The foregoing stipulation in culo. regard to grantees of land in La anterior estipulacion re- Texas is extended to all grantees specto de los concesionarios de of land in the territories afore- tierras en Tejas, se extiende a said, elsewhere than in Texas, todos los concesionarios de tier- put in possession under such ras en los indicados territorios grants; and, in default of the ful- fuera de Tejas, que hubieren to- filment of the conditions of any mado posesion de dichas conces- such grant, within the new peri- iones: y por falta de cumplimi- od, which, as is above stipulated, ento de las condiciones de algu- begins with the dty of the ex- na de aquellas dentro del nuevo change of ratifications of this plazo que empieza a correr el treaty, the same shall be null and dia del cange de las ratificaciones Toid. del presente tratado, segunlo es- 4 [52] 50 The Mexican government de- tipulado arriba, seran las mismas clares that no grant whatever of concesiones nulas y de ningun. lands in Texas has been made valor. since the second day of March, El gobierno Mexicano declara one thousand eight hundred and que no se ha hecho ninguna con- thirty-six ; and that no grant cesion de tierras en Tejas desde whatever of lands, in any, of the el dia dos de Marzo de mil ocho- territories aforesaid, has been cientos treinta y seis; y que tam- made since the thirteenth day of poco se ha hecho ninguna en los May, one thousand eight hun- otrosterritoriosmencionadosdes- dred and forty-six. pues del trece de mano de mil ochocientos cuarenta y seis. Article XI. • Articulo XI. Considering that a great part En atencion a que una gran of the territories which, by the parte de los territorios que por present treaty, are to be compre- • el presente tratado van a quedar hended for the future within the para lo futuro dentro de los lim- limits of the United States, is ites de los Estados Unidos, se now occupied by savage tribes, halla actualmente ocupada por who wiil hereafter be under the tribus salvages, que han de estar exclusive control of the govern- en adelante bajo la exclusiva au- ment of the United States, and toridad del gobierno de los Es- whose inclusions within the ter- tadosUnidos,y cuyas incursiones ritory of Mexico would be pre- sobre los distritos Mexicanos se- judicial in tjie extreme, it is sol- rian en extremo perjudiciales ; emnly agreed that all such in- estasolemnemente convenido que cursions shall be forcibly re- el mismo gobierno de los Esta- strained by the government of dos Unidos contendra las indica- the United States whensover this das incursiones por medio de la may be necessary; and that when fuerza siempre que asi sea ne- they cannot be prevented, they cesario; y cuando no pudiere shall be punished by the said gov- prevenirlas, castigara y escar- ernmeat,and satisfaction for the mentara a los invasores, exigien- same shall be exacted — all in the doles ademas la debida repara- same way, and with equal dili- cion: todo del mismo modo, y con gence and energy, as if the same la misma diligencia y energia con incursions were meditated or que obraria, si las incursiones se committed within its own terri- hubiesen meditado 6 ejecutado tory, against its own citizens. sobre territorios suyos 6 contra It shall not be lawful, under sus propio's ciudadanos. any pretext whatever, for any in- A ningun habitante de los Es- habitant of the United States to tados Unidos sera licito, bajo purchase or acquire any Mexican, ningun pretesto, comprar 6 ad- or any foreigner residing in Mex- quirir cautivo alguno, Mexicano co, who may have been captured 6 extrangero, residente en Mexi- by Indians inhabiting the terri- co, apresado por los Indios hab- tory of either of the two repub- itantes en territorio de cualquie- lics, nor to purchase or acquire ra de las dos repiiblicas, ni los horses, mules, cattle, or property caballos, mulas, ganados, 6 cual- #f any kind, stolen within Mexi- quiera otro genero de cosas que 51 [ 52 ] can territory by such Indians; hayan robado dentro del territo- nor to provide such Indians with rio Mexicano; ni en fin venderles fire-arms or ammunition, by sale 6 ministrarles bajo cualquier titu- or otherwise. lo armas de fuego 6 municiones. And in the event of any person Y en caso de que cualquier or persons, captured within Mex- persona 6 personas cautivadas ican territory by Indians, being por los Indios dentro del territo- carried into the territory of the rio Mexicano sean llevadas al United States, the government territorio de los Estados Unidos, of the latter engages and binds el gobierno de dichos Estados itself, in the most solemn man- Unidos se compromete y liga de ner, so soon as it shall know of la manera mas solemne, en cu- such captives being within its anto le sea posible,a rescatarlas, territory, and shall be able so to y a restituirlas a su pais, 6 en- do, through the faithful exercise tregarlas al agente 6 represent- of its influence and power, to ante del gobierno Mexicano; ha- rescue them and return them to ciendo todoesto,tan luego como their country, or deliver them to sepa que los dichos cautivos se the agent or representative of hailan dentro de su territorio, y the Mexican government. The empleando al efecto el leal ejer- Mexican authorities will, as far cicio de su infiuencia y poder. as practicable, give to the gov- Las autoridades Mexicanas daran eminent of the United States no- a las de los Estados Unidos, se- tice of such captures; and its gun sea practicable, una noticia agent shall pay the expenses in- de tales cautivos; y el agente curred in the maintenance and Mexicano pagara los gastos ero- transmission of the rescued cap- gados en el mantenimiento y re- tives; who, in the mean time, mision de los que se rescaten, los shall be treated with the utmost cerales entre tanto seran tratados hospitality by the American au- con la mayor hospitalidad por thorities at the place where they las autoridades Americanas del maybe. But if the government lugar en que se encuentren. Mas of the United States, before re- si el gobierno de los Estados ceiving such notice from Mex- Unidos antes de recibir aviso de ico, should obtain intelligence, Mexico, tuviera noticia por cu- through any other channel, of alquiera otro conducto de existir the existence of Mexican cap- en su territorio" cautivos Mexica- tives within its territory, it will nos, procedera desde luego a proceed forthwith to effect their veriflcar su rescate y entrega al release and delivery to the Mex- agente Mexicano, segun queda ican agent, as above stipulated. convenido. For the purpose of giving to Con el objeto de dar a estas these stipulations the fullest pos- estipulaciones la mayor fuerza sible efficacy, thereby affording posible, y afianzar al mismo ti- the security ' and redress de- empo la seguridad y las reparar manded by their true spirit and ciones que exige el verdaderp intent, the government of the espiritu e intencion con ,que^s.e United States will now and here- han ajustado, el gobierno de lbs after pass, without unnecessary Estados Unidos dictara sin'inii- delay, and always vigilantly en- tiles delaciones, ahora y en lo de force, such laws as the nature of adelante, las leyes que requien. [52] 52 the subject may require. And finally, the sacre'dness of this obligation shall never be lost sight of by the said government when providing for the removal of the Indians from any portion of the said territories, or for its being settled by citizens of the United States; but on the con- trary, special care shall then be taken not to place its Indian oc- cupants under the necessity of seeking nev/ homes, by commit- ting those invasions which the United States have solemnly obliged themselves to restrain. AltTK ; £ XII. In consideration of the exten- sion acquired by the boundaries of the United States, as defined in the fifth article of the present treaty, the government of the United States engages to pay to that of the Mexican republic the sum of fifteen millions of dollars, in the one or the other of the two modes below specified. The Mexican government shall, at the time of ratifying this treaty, declare which of these two modes of payment it prefers; and the mode so elected by it shall be be conformed to by that of the United States. First mode of payment: Imme- diately after this treaty shall have been duly ratified by the government of the Mexican re- public, the sum of three millions of dollars shall be paid to the isaid government by that of the United States, at the city of Mexico, in the gold or silver coin of Mexico. For the re- maining twelve millions of dol- lars, the United States shall cre- ate a stock, bearing an interest la naturaleza del asunto, y vigi- lara siempre sobre su ejecucion. Finalmente, el gobierno de los mismos Estados Unidos tendra muy presente la santidad de esta obligacion siempre que tenga que desalojar a los Indios de cual- quier punto de los indicados ter- ritories, 6 que establecei en el a ciudadanos suyos; y cuidara muy especialmente de que no se ponga a los Indios que ocupaban antes aquel punto, en necesidad de buscar nuevos hogares por medio de las incursiones sobre los distritos Mexicanos, que el go- bierno de los Estados Unidos se ha comprometido soleinnemente a reprimir. Articulo XII. En consideracion a la esten- sion que adquieren los limites de los Estados Unidos, segun que- dan descritos en el articulo quin- to del presente tratado, el gobi- erno de los m\smos Estados Uni- dos se compromete a pagar al de la republica Mexicana la suma de quince millones de pesos, de una de las dos maneras que van a explicarse. El gobierno Mex- icano, al tiempo de ratificar este tratado, declarara cual de las dos maneras de pago prefiere; y a la que asi elija, se arreglara el go- bierno de los Estados Unidos al verificar el pago. Primera manera de pago: In- mediatamente despues que este tratado haya sido ratificado por el gobierno de la republica Mex- icana, se entregara al mismo go- bierno por el de los Estados Uni- dos en la ciudad de Mexico, y en moneda de plata u oro del cuno Mexicano, la suma de tres millones de pesos. Por los doce millones de pesos restantes, los Estados Unidos crearan un tfondo publico, que gozara redito de 53 J_ **""• J of six per centum per annum, commencing on the day of the ratification of this treaty by the government of the Mexican re- public, and payable annually at the city of Washington; the principal of said stock to be re- deemable there, at the pleasure of the government of the United States, at any time after two years from the exchange of rat- ifications of this treaty; six months' public notice of the in- tention to redeem the same being previously given. Certificates of such stock, in proper form, for such sums as shall be specified by the Mexican government, and transferable -by the said govern- ment, shall be delivered to the same by that of the United States. Second mode of payment: Im- mediately after this treaty shall have been duly ratified by the ' government of the Mexican re- public, the sum of three millions of dollars shall be paid to the said government by that -of the United States, at the city of Mexico, in the gold or silver coin of Mexico. The remaining twelve millions of dollars shall be paid at the same place, and in the same coin, in annual in- stalments of three millions of dollars each, together with in- terest on the same at the rate of six per centum per annum. This interest shall begin to run upon the whole sum of twelve millions from the day of the ratification of the present treaty by the Mex- ican government, and the first of the instalments shall be paid at the expiration of one year from the same day. Together with each annual instalment, as it falls due, the whole interest ac- seis por ciento al afio, el cual redito ha de comenzar a correr el dia que se ratifique el presente tratado por el gobierno de la re- publica Mexicana, y se pagara anualmente en la ciudad de Wash- ington. El capital de wicho fondo publico sera redemible en la misma ciudad de Washington en cualquiera epoca que lo dis- ponga el gobierno de losEstados Unidos, con tal que hayan pasa- do dos afios contados desde el cange de las ratificaciones del presente tratado, y dandose aviso al publico con anticipation de seis meses. Al gobierno Mexi- cano se entregaran por el de los Estados Unidos los bonos cor- respondientes a dicho fondo, ex- tendidos en debida forma, divid- idos en las cantidades que sefiale el expresado gobierno Mexicano, y enagenables por estate. Segunda manera de pago: In- mediatamente despues que este tratado haya sido ratificado por el gobierno de la republica Mex- icana, se entrc-gara al mismo gobierno por el de los Estados Unidos, en la ciudad de Mexico,. y en moneda de plata u oro del cufio Mexicano, la suma de tres millones de pesos. Los doce millones de pesos restantes se pagardn en Mexic©, en moneda de plata u oro del cufio Mexica- no, en abonos de tres millones de pesos cada afio, con un redito de seis por ciento anual: este re- dito comienza d. correr para toda la suma de los doce miliones el dia de la ratificacion del presente tratado por el gobierno Mexica- no, y con cada abono anual de capital se pagarii el redito que corresponda & la suma abonada. Los plazos para los abonos de capital corren desde el mismo dia que empiezan d camarse los reditos. El gobierno de los Es- [52] 54 cruing on such instalment from tados Uniclos entregara al de la the beginning shall also be paid, republica Mexicana pagares ex- Certificates in proper form, for tendidos en debida forma, cor- the said instalments, respective- rcspondientes& cada abono anual, ly, in such sums as shall be de- divididos n las cantidades que sired by the Mexican govern- senalc el dicho gobierno Mexi- ment, and transferable by it, shall cano, y enagenables por este. be delivered to the said govern- ment by that of theUnited States. Article XIII. Articitlo XIII. The United States engage, Se obliga ademas el gobierno moreover, to assume and pay to de los Estados Unidos a toma- the claimants all the amounts sobre si, y satisfacer cumplida- now due them, and those here- mente- a los reclamantes, todas after to become due, by reason las cantidades que hasta aqui se of the claims already liquidated les deben y cuantas se venzan en and decided against the Mexican adelante por razon de las recla- republic, under the conventions maciones ya liquidadas y senten- between the two republics seve- ciadas contra la republica Mexi- rally concluded on the eleventh cana conforme a los convenios day of April, eighteen hundred ajustados entre ambas republicas and thirty-nine, and on the thir- el once de Abril de mil oohoci- iieth day of January, eighteen entos treinta y nueve, y el tre- hundred and forty-three: so that inta de Enero de mil cchocieritos the Mexican republic shall be cuarenta y tres; de manera que absolutely exempt, for the future, ,1a republica Mexicana nada ab- from all expense whatever on solutamente tendra que lastar en account of the said claims. lo venidero, por razon de los in- dicados reclamos. Article XIV. ' Articulo XIV. The United States do further- Tambien exoneran los Estados more discharge the Mexican re- Unidos a la republica Mexicana public from all claims of citizens de todas las reclamaciones de of the United States, not hereto- ciudadanos de los Estados Unidos fore decided against the Mexican no decididas aun contra el gobi- government, which may have erno Mexican o, y que puedan arisen previously to the date of haberse originado antes de la the signature of this treaty; fecha de la prima del presente which discharge shall be final tratado: esta exoncracion es de- and perpetual, whether the said finitiva y perpetua, bien sea que claims be rejected or be allowed las dichas reclamaciones se ad- by the board of commissioners miian, bien sea que se desechen provided for in the following ar- por el tribunal dc comisarios de tide, and whatever shall be the que habla el articulo siguiente, total amount of those allowed. y cualqui^ra que pueda ser el monto total de las que queden a;lmitidas. 55 [52] Article XV. . The United States, exonerating Mexico from all demands on ac- count of the claims of their citi- zens mentioned in the preceding article, and considering them en- tirely and forever cancelled, whatever their amount may be, undertake to make satisfaction for the same, to an amount not exceeding three and one quarter millions of dollars. To ascertain the validity and amount of those claims, a board of commissioners shall be established by the gov- ernment of the United States, whose awards shall be final and conclusive: provided, that in de- ciding upon the validity of each claim, the board shall be guided and governed by the principles and rules of decision prescribed by the first and fifth articles of the unratified convention, con- cluded at the city of Mexico on the twentieth' day of November, one thousand eight hundred and forty-three; and in no case shall an award be made in favor of any claim not embraced by these principles and rules. If, in the opinion of the said board of commissioners, or of the claimants, any boioks, re- cords, or documents in the pos- session or power of the govern- ment of the Mexican republic, shall be deemed necessary to the just decision of any claim, the commissioners or the claimants through them, shall, within such period as Congress may desig- nate, make an application in wri- ting for the same, addressed to the Mexican Minister for Foreign Affairs, to be transmitted by the Secretary of State of the United States; and the Mexican govern- ment engages, at the earliest pos- Articulo XV. Los Estados Unidos, exoneran- do a Mexico de toda responsa- bilidad por las reclamaciones de sus ciudadanos mencionadas en el articulo precedente, y consid- erandolas completamente cance- ladas para siernpre, sea cual fu- ere su monto, toman a su cargo satisfacerlas hasta una cantidad que no exceda de tres millones doscientos cincuenta mil pesos. Para fijar el monto y validez de estas reclamaciones, se estable- cera pbr el gobierno de los Es- tados Unidos un tribunal de co- misarios, cuyos fallos seran de- finitivos y concluyentes, con tal que al decidir sobre la validez de dichas reclamaciones, el tri- bunal se haya guiado y goberna- do por los principios y-reglas de decision establecidos en los arti- culos primero y quinto de la convencion, no ratificada, que se ajusto en la ciudad de Mexico el veinte de Noviembre de mil ochocientos cuarenta y tres: y en ningun caso se dara falio en favor de ninguna reclamacion que no este comprendida. en las reglas y principios indicados. Si en juicio del dicho tribunal de comisarios, 6 en el de los re- clamantes se necesitare para la justa decision de cualquier re- clamacion algunos libros, pape- les de archivo 6 documentos que posea el gobierno Mexicano, 6 que esten en su poder; los comi- sarios, 6 los reclamantes por con- ducto de ellos, los pediran por escrito (dentro del plazo que de- signe el Congreso) dirigiendose al Ministro Mexicano de Rela- ciones Exteriores, a quien trans- mitira las peticiones de esta clase el Secretario de Estado en los Estados Unidos: y el gobierno Mexicano se compromete a en- [ 52 ] 56 sible moment after the receipt of tregar 4,1a mayor brevedad posi- such demand, to cause any of the hie, despues de recibida cada books, records, or documents, so demanda, los libros, papeles de specified, which shall be in their archivo 6 documentos, asi espe- possession or power, (or authen- cificados, que posea 6 esten en ticated copies or extracts of the su poder, 6 copias 6 extractos same,) to be transmitted to the autenticos de los mismos, con el said Secretary of State, who shall objeto de que sean transmitidos immediately deliver them over al Secretario de Estado, qui en. to the said board of commission- los pasara inmediatamente al ex- ers: Provided, That no such ap- presado tribunal de comisarios. plication shall be made by, or at Y no se hara peticion alguna de the instance of, any claimant, los enunciados libros, papeles 6 until the facts which it is «ex- documentos, por 6 a instancia de pected to prove by such books, ningun reclamante, sin que antes records, or documents, shall have se hay a aseverado bajo juramento been stated under oath or affirm- 6 con afirmacion solemne la ver- ation. dad he los hechos que con ellos se pretende probar. Article XVI. . Arttculo XVI. Each of the contracting parties Cada una de las dos republicas reserves to itself the entire right se reserva la completa facultad to fortify whatever point within de fortificar todos lospuntosque its territory it may judge proper para su seguridad estime conve- so to fortify, for its security. nientes.en su propio territorio. Article XVII. Articulo XVII. The treaty of amity, commerce, El tratado dc amistad, comer- and navigation, concluded at the cio y navegacion, concluido en city of Mexico on the fifth day of la ciudad de Mexico el cinco de April, A. D. 1831, between the Abril, del ano del Senor 1831, United States of America and the entre la repiiblica Mexicana y United Mexican States, except los Estados Unidos de America, the additional article, and except esceptuandose el articulo adi- so far as the stipulations of the cional y cuanto pueda haber en said treaty may be incompatible sus estipulaciones incompatible with any stipulation contained con alguna de las contenidas en in the present treaty, is hereby el presente tratado, queda res- revived for the period of eight tablecido por el periodo de ocho years from the day of the ex- aiios desde el dia del cange de change of ratifications of this las ratificaciones del mismo pre- treaty, with the same force and sente tratado, con igual fuerza y virtue as if incorporated therein; valor que si estuviese inserto en it being understood that each of el; debiendo entenderse que cada the contracting parties reserves una de las partes contratantes se to itself the right, at any time reserva el derecho de poner ter- after the said period of eight mino al dicho tratado de comer- years shall have expired, to ter- cio y navegacion en cualquier minate the same by giving one tiempo luego que haya expirado 57 [52] year's notice of such intentioa to the other party. Article XVIII. All supplies whatever for troops of the United States in Mexico, arriving at ports in the occupa- tion of such troops previous to the final evacuation thereof, al- though subsequently to the res- toration of the custom-houses at such ports, shall b»e entirely ex- empt from duties and charges of any kind; the government of the United States hereby enga- ging and pledging its faith to es- tablish, and vigilantly to enforce, all possible guards for securing the revenue of Mexico, by pre- venting the importation,* under cover of this stipulation, of any articles other than such, both in kind and in quantity, as shall re- ally be wanted for the use and consumption of the forces of the United States during the time they may remain in Mexico. To this end, it shall be the duty of all officers and agents of the Uni- ted States to denounce to the Mexican authorities at the re- spective ports any attempts at a fraudulent abuse of this stipula- tion which they may know of or may have reason to suspect, and to give to such authorities all the aid in their power with re- gard thereto: and every such at- tempt, when duly proved and es- tablished by sentence of a com- petent tribunal, shall be punished by the confiscation of the prop- erty so attempted to be fraudu- lently introduced. Article XIX. With respect to all merchan- el periodo de los ocho anos, co- municando su intencion a la otra parte con un aflo de anticipacion. Articulo XVIII. No se exigiran derechos in gravamen de ninguna clase a los articulos todos que lleguen para las tropas de los Estados Unidos a los puertos Mexicanos ocupa- dos por ellas, antes de la evacu- ation final de los mismos puertos ? y despues de la devolucion a Mexico de las aduanas situadas en ellos. El gobierno de los Estados Unidos se compromete a la vez, y sobre esto empena su fe, a establecer y mantener con vigilancia cuantos guardas sean posibles para asegurar las rentas de Mexico, precaviendo la im- portacion, & la sombra de esta estipulacion, de cualesquiera ar- ticulos que realmente no sean necesarios, 6 que excedan en cantidad en los que se necesiten para el uso y consumo de las fu- erzas de los Estados Unidos mi- entras ellas peimanescan en Mex- ico. A este efecto, todos los oficiales y agentes de los Estados Unidos tendran obligacion de denunciar a las autoridades Mex- icanas en los' mismos puertos ? cualquier conato de fraudulento abuso de esta estipulacion que pudieren conocer 6 tuvieren mo- tivo de sospecher; asi^como de impartir a las mismas autori- dades todo el auxilio que pudie- ren con este objeto: y cualquier conato de esa clase, que fuere legalmente probado, y declarado por sentencia de tribunal compe- tente, sera castigado con el co- miso de la cosa que se haya in- tentado introducir frauiiulenta- mente. Articulo XIX. Respecto de los efectos, mer- [52] 58 dise, effects, and property what- cancias y propriedades importa- soever, imported into ports of dos en los puertos Mexicanos Mexico whilst in the occupation durante el tiempo que han estado of the forces of the United States, ocupados por las fuerzas de los whether by citizens of either re- Estados Unidos, sea por ciudada- public, or by citizens or subjects nos de cualquiera de las dos re- of any neutral nation, the fol- piiblicas, sea por ciudadanos 6 lowing rules shall be observed: subditos de aiguna nacion neu- 1. All such merchandise, ef- tral, se observard-n las reglas si- fects, and property, if imported guientes: previously to the restoration of 1. Los dichos efectos, mercan- tile custom-houses to the Mexi- cias y propiedades siempre que can authorities, as stipulated for se hayan impo/tado antes de la in the third article of this treaty, devolucion de las aduanas a las shall be exempt from confisca- autoridades Mexicanas conforme tion, although the importation of a lo estipulado en el articulo ter- the same be prohibited by the cero de este tratado, quedanin Mexican tariff. libres de la pena de comiso, aun 2. The same perfect exemption cuando sean de los prohibidos en shall be enjoyed by all such mer- el arancel Mexicano. chandise, effects, and property, 2. La misma exencion gozaran imported subsequently to the los efectos, mercancias y propie- restoration of the custom-houses, dades que lleguen a los puertos and previously to the sixty days Mexicanos, despues de la devo- fixed in the following article for lucion a Mexico de las aduanas the coming into force of the maritimas, y antes de que expi- Mexican tariff at such ports re- ren los sesenta dias que van a spectively; the saul merchandise, fijarse en el articulo siguiente effects, and property being, how- para que empieze a regir el aran- ever, at the time of their impor- eel Mexicano en los puertos; de- tation. subject to the payment of biendo al tiempo de su importa- duties, as provided for in the cion sujetarse los tales efectos, said following article. mercancias y propiedades, en 3. All merchandise, effects,' cuanto al pago de derechos, a lo and property described in the que en el indicado siguiente ar- two rules foregoing shall, during ticulo se establece. their continuance at the place of 3. Los efectos, mercancias y importation, or upon their leaving propiedades designados en las such place for the interior, be dos reglas anteriores quedanin exempt from all duty, tax, or im- exentos de todo derecho, alcabala post of every kind, under what- o.impuesto, sea bajo el titulo de soever title or denomination, internacion, sea bajo cualquiera Nor shall they be there subjected otro, mientras permanescan en to any charge whatsoever upon los puntos donde se hayan im- the sale thereof. portado, y a su salida para el in- 4. All merchandise, effects, terior; y en los mismos puntos and property, described in the no podra jamas exigirse impuesto first and second rules, which alguno sobre su venta. shall have been removed to any 4. Los efectos, mercancias, y place in the interior whilst such propiedades, designados en las place was in the occupation of reglas primera y segunda que 59 [52] the forces of the United States, shall, during their continuance therein, be exempt from all tax upon the sale 'or consumption thereof, and from every kind of impost or contribution, under whatsoever title or denomination. 5. But if any merchandise, ef- fects, or property, described in the first and second rules, shall be removed to any place not oc- cupied at the time by the forces of the United States, they shall, upon their introduction into such place, or upon their sale or con- sumption there, be subject to the same duties which, under the Mexican laws, they would be re- quired to pay in such cases if they had been imported in time of peace, through the maritime custom-houses, and had there paid the duties conformably with the Mexican tariff. 6. The owners of all merchan- dise, effects, or property de- scribed in the first and second rules, and existing in any port of Mexico, shall have the right to re-ship the same, exempt from all tax, impost, or contribution whatever. . With respect to the metals, or other property, exported from any Mexican port whilst in the occupation of the forces of the United States, and previously to the restoration of the custom- house at such port, no person shall be required by the Mexican authorities, whether general or State, to pay any tax, duty, or contribution upon any such ex- portation, or in any manner to account for the same to the said authorities. Article XX. Through consideration for the interests of commerce generally, hayan sido internados a cualquier lugar ocupado por fuerzas de los Estados Unidos, quedardn exen- tos de todo derecho sobre su ven- ta 6 consumo, y de todo impues- to 6 contribucion bajo cualquier iitulo 6 denomination, mientras permanescan en el mismo lugar. 5. Mas si algunos efectos, mer- cancias, 6 propiedades de los de- signados en las reglas primera y segunda'se trasladaren a algun lugar no ocupado a la savon por las fuerzas de los Estados Uni- dos; al introducirse a" tal luo-ar, o al venderse o consumirse en el, quedardn sujetos d los mismos derechos que bajo las leyesMex- icanas deberian pagar en tales cosos si se hubieran importado en tiempo de paz por las aduanas maritimas, y hubiesen pagado en ellas los derechos que establece el arancel Mexicano. 6. Los duenos de efectos, mer- cancias, y propiedades designa- dos en las reglas primera y se- gunda, y existentes en algun puerto de Mexico, tienen derecho de reembarcarlosj sin que pueda exigirstles ninguna clase de im- puesto, alcabala 6 contribucion. Respecto de los metales y de toda otra propiedad exportados por cualquier puerto Mexicano durante su ocupacion por las fu- erzas Americanas, y antes de la devolucion de su aduana al go- bierno. Mexicano, no se exigira a ninguna persona por las auto- ridades de Mexico, ya dependan del gobierno general, ya de al- gun estado que pague ningun im- puesto, alcabala 6 derecho por la indicada exportacion, ni sobre ella podra exigirsele por las di- chas autoridades cuenta alguna. Articulo XX. Por consideracion 6. los inte- reses del comercio detoda s las [52] 60 it is agreed, that if less than sixty naciones, queda convenido que days should elapse between the si pasaren menos de sesentadias date of the signature of this desde la fecha de la firraa de este treaty and the restoration of the tratado hasta que se haga la de- custom-houses, conformably with volucion de las aduanas mariti- the stipulation in the third arti- mas; segun lo estipulado en el cle,in such case all merchandise, articulo tercero; todos los efec- effects, and property whatsoever, tos, mercancias, y propiedades arriving at the Mexican ports que lleguen & los paertos Mexi- after the restoration of the said canos desde el dia en que se ver- custom-houses, and previously to ifique la devolucion de las dichas the expiration of sixty days after aduanas hasta que se completen the day of the t signature of this sesenta dias contados desde la treaty, shall be admitted to entry, fecha de la firma del presente and no other duties shall be le- tratado, se admitiian no pagando vied thereon than the duties es- otros derechos que los estableci- tablished by the tariff found in dos en la tarifa que este vigente force at such custom-houses at en las expresadas aduanas al the time of the restoration of the tiempo de su devolucion, y se ex- same. i And to all such merchan tender&n & dichos efectos, mer- dise, effects, and property, the cancias, y propiedades las mis- rules established by the prece- mas reglas establecidas en el ding article shall apply. articulo anterior. Article XXI. Articulo XXI. If unhappily any disagreement Si desgraciadamente en el tiem- should hereafter arise between po futuro se suscitare algun pun- the governments of the two re- to de desacuerdo entre los go- publics, whether with respect to biernos de las dos republicasj the interpretation of any stipula- bien sea sobre la inteligencia de tion in this treaty, or with re- alguna estipulacion de este trata- spect to any other particular do, bien sobre cualquiera otra concerning the political or com- materia de las relaciones pcliti- mercial relations of the two na- cas 6 comerciales de las dos na- tions, the said governments, in ciones, los mismos gobiernos, a the name of those nations, do nombre de ellas, se comprometen promise to each other that they a procurar de la manera mas sin- w T ill endeavor, in the most sin- cera y empefiosa a llanar las di- cere and earnest manner, to set- ferenciasque se presenten y con- tie the differences so arising, and servar el estado de paz y amistad to preserve the state of peace en que ahora se pcnen los dos and friendship in which the two paises,usando al efecto de repre-* countries are now placing them- sentaciones rvutuas y de negocia- selves; using, for this end, mu- ciones pacificas. Y si por estos tual representations and pacific medios no se lograre iodavia po- negotiations. And if, by these nerse de acuerdo, no por eso se means, they should not be ena- apelara a represalia, agresion ni bled to come to an agreement, a hostilidad de ningun genero de resort shall not, on this account, una republica contra otra, hasta be had to reprisals, aggression, que el gobierno de la que se crea or hostility of any kind, by the agraviada haya considerado ma- 61 [ 52 ] one republic against the other, duramente y en espiritu de paz until the government of that y buena vecindad, si no seria which deems itself aggrieved shall mejor que la diferencia se termi- liave maturely considered, in the na'ra por un arbitramento de co- spirit of peace and good neigh- misarios nombrados por ambas borship, whether it would not be partes, 6 de una nacion amiga. better that such difference should Y si tal medio fuere propuesto be settled by the arbitration of por cualquiera de las dos partes, commissioners appointed on each la otfa acce'dera a el, a no ser side, or by that of a friendly que lo juzgue absolutamente in- nation. And should such course compatible con la naturaleza y be proposed by either party, it circunstancias del caso. shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference, or the circum- stances of the case. Article XXII. Articulo XXII. If (which is not to be expect- Si (lo que no es de esperarse, ed, and which God forbid!) war y Dios no permita) desgraciada- shall unhappily break out be- mente se suscitare guerra entre tween the two republics, they do las dos republicas, estas$ para el now, with a view to such calam- caso de tal calamidad se compro- ity, solemnly pledge themselves meten ahora solemnemente, ante to each other and to the world, to si mismas y ante el mundo, a ob- observe the following rules: ab- servar las reglas siguientes de solutely, where the nature of the ana manera absoluta si la natu- subject permits, and as closely raleza del objeto a que se con- as possible in all cases where traen lo permite; y tan extricta- such absolute observance shall mente como sea dable en todos be impossible. los casos en que la absoluta ob- jervancia de ellas fuere impossi- ble: 1. The merchants of either 1. Los comerciantes de cada republic then residing in the una de las dos republicas que a other shall be allowed to remain la sazon residan en territorio de twelve months for those dwell- la otra, podran permanecer doce ing in the interior, and six months meses los que residan en el inte- for those dwelling at the sea- rior,y seis meses los que residan ports, to collect their debts and en los puertos, para recover sus settle their affairs; during which deudas y arreglar sus negocios; periods, they shall enjoy the durante estos plazos disputaran same protection, and be on the la misma proteccion y estaran same protection, in all respects, sobre el mismo pie en todos re- as the citizens or subjects of the spectos que los ciudadanos 6 sub- most friendly nations; and, at ditos de las naciones mas amigas; the expiration thereof, or at any y al expirar el termino, 6 antes time before, they shall hare full de el, tendran completa libertad liberty to depart, carrying off para salir y llevar todos sus efec- all their effects without molesta- tos sin molestia 6 embarazo, su- [52] 62 tion or hindrance: conforming jetand^se en ests particular a las therein to the same laws which mi smas icyes a que esten sujetos y the citizens or subjects of the y deban arreglarse los ciudada- most friendly nations are re- nos 6 subditos de las naciones quired to conform to. Upon mas amigas. Cuando los ejerci- the entrance of the armies of tos de una de las dos naciones either nation into the territories entren en territorios de la otra, of the other, women and chil- las mujeres y ninos, los eclesias- dren, ecclesiastics* scholars of ticos, los estudiantes de cualquier every faculty, cultivators of the facultad, los labradores, comer-' earth, merchants, artisans, manu- ciantes, artesanos, manufacture- facturers, and fishermen, un- res, y pescadores que esten de- armed and' inhabiting unfortified si dos y residan en ciudades r towns, villages, or places, and pueblos 6 lugares no fortificados, in general all persons whose oc- y en general todas las personas cupations are for the common cuya ocupacion sirva para la co- subsist-ence and benefit of man- mun subsistencia y beneficio de! kind, shall be allowed to con- genero humano, podran contin- tinue their respective employ- uar en sus ejercicios, sin que sus ments unmolested in their per- personas sean molestadas. No sons. Nor shall their houses or seran incendiadas sus casas 6 goods be burnt or otherwise de- bienes, 6 destruidos de otra ma- stroyed^nor their cattle taken, nera; ni seran tornados susgana- nor their fields wasted, by the dos, ni devastados sus campos armed force into whose power, por la fuerza armada en cuyo by the events of war, they may pode.r puedan venir a caer por happen to fall; but if the neces- los acontecimientos de laguerra; sity arise to take anything from pero si hubiere i.ecesidad de to- them for the use of such armed marlos alguna cosa para el uso fprce, the same shall be paid for at de la misma fuerza armada, se an equitable price. All churches, les pagara lo tornado a un pre- hospital, schools, colleges, li- cio justo. Todas las iglesias ; braries,and other establishments, hospitales, escuelas, colegios, li- for charitable and beneficent brerias, y demas establecimien- purposes, shall be respected, and tos de caridad y beneficencia se- all persons connected with the ran respetados; y todas las per- same protected in the discharge sonas quedependan de losmismos of their duties, and the pursuit seran protegidas en el de sempe- of their vocations. no de sus deberes y en la con- tinuacion de sus profesiones. 2. In order that the fate of pris- 2. Para aliviar la suerte de los oners of war may be alleviated, prisioneros de guerra se. evitaran all such practices as those of cuidadosamente, las practicas de sending them into distant, in- enviarlos a distritos distantes, clement, or unwholesome dis- inclementes 6 malsanos, 6 de ag- tricts, or crowding them into lomerarlos en lugares estrechos close and noxious places, shall y enfirmizos. No se confinanui be studiously avoided. They en calabosos, prisones, ni pon- shall not be confined in dun- tones; no se les aherrojani, ni se geons, prison-ships, or prisons; les atarii, ni se les imped ir;i de nor be put in irons, or bound, or ningun otro modo el uso de sus 63 [52] otherwise restrained in the use of their limbs. The officers shall enjoy liberty on their paroles, within convenient districts, and have comfortable quarters; and the common soldier shall be dis- posed in cantonments, open and extensive enough for air and ex- ercise, and lodged in barracks as roomy and good as are provided, by the party in whose power they are for its own troops. But if any officer shall break his pa- role by leaving the district so assigned him, or any other pris- oner shall escape from the limits of his cantonment, after they shall have been designated to him, such individual, officer, or other prisoner, shall forfeit so much of the benefit of this arti- cle as provides for his liberty on parole or in cantonment. And if an officer so breaking his parole, or any common soldier so esca-* ping from the limits assigned him, shall afterwards be found in arms, previously to his being reg- ularly exchanged, the person so offending shall be dealt with ac- cording to the established laws of war. The officers shall be dai- ly furnished by the party in whose power they are, with as many rations, and of the same articles, as are allowed, either in kind or by commutation, to of- ficers of equal rank in its own army; and all others shall be daily furnished with such ration as is allowed to a common sol- dier in its own service : the value of all which supplies shall, at the close of the war, or at peri- ods to be agreed upon between the respective commanders, be paid by the other party, on a mutual adjustment of accounts for the subsistence of prisoners; and such accounts shall not be mingled with or set- off against miembros. Los oficiales que da- rdn en libertad bajo su palabra de honor, dentro de distritos con- venientes y tendran alojamientos comodos; y los soldados rasos se colocaran en acan^onamientos bastante despejados y extensos para Ha ventilacion y el ejerci- cio, y se alojardn en cuarteles tan amplios y comodos como los que use para sus propias tropas la parte que los tenga en su po- der. Pero si algun oficial falta- rea su palabra, saliendo del distri- to que se le ha senaiado; 6 algun otro prisonero se fugdre de los limites de su acantonamiento despues que estos se les hayan fijado, tal oficial 6 prisionero per- dera el beneficio del presente ar- ticulo por lo que niera d su lib- ertad bajo su palabra 6 en acan- tonamiento; y si algun oficial faltando asi d su palabra, 6 algun soldado raso saliendo de los lim- ites que se le han asignado, fuera encontrado despues con las ar- mas en la mano antes de ser de- bidamente cangeado, tal persona en esta actitud ofensiva sera tra- tada conforme a las leyes com- unes de la guerra. A los oficiales se proveera diariamente por la parte en cuyo poder esten, de tantas raciones compuestas de los mismos articulos como las que gozan en especie 6 en equi- valente los oficiales de la misma graduacion en su propio ejercito: d todos los demas prisioneros se proveerd diariamente de una ra- cion semejante d la que se min-« istra al soldado raso en su propio servicio: el valor de todas estas suministraciones se pegara por la otra parte el concluirse la gu- erra, 6 en los periodos que se convengaa entre sus respectivos comandantes, precediendo una mutua liquidacion de las cuentas que se lljsven del mantenimiento [52] 64 any others, nor the balance due on them be withheld, as a com- pensation or reprisal for any cause whatever, real or pretend- ed. Each party shall be allow- ed to keep ,& commissary of pris- oners, appointed by itself, with every cantonment of prisoners, in possession of the others; which commissary shall see the prisoners as often as he pleases; shall be allowed to receive, ex- empt from all duties or taxes, and to distribute whatever com- forts may be sent to them by their friends; and shall be free to transmit his reports in open letters to the party by whom he is employed. And it is declared that neither the pretence that war dissolves all treaties, nor any other what- ever, shall be considered as an- nulling* or suspending the sol-: emn covenant contained in this article. On the contrary, the state of war is precisely that for which it is provided; and during •which, its stipulations are to be as sacredly observed as the most acknowledged obligations under the law of nature or nations. Article XXIII. This treaty shall be ratified by the President of theUnited States of America, by and with the ad- vice and consent of the Senate thereof; and by the President of the Mexican republic, with the previous approbation of its general Congress: and the rati- fications shall be exchanged in the city of Washington, in four months from the date of the sig- nature hereof, or sooner if prac- ticable. In faith whereof, we, the re- de prisioneros: tales cuentas no se mezclaran ni compensaran con otras; ni el saldo que resulte de ellas, se reusara bajo pretesto de compensacion 6 represalia por cualquiera causa, real 6 figurado. Cada una de las partes podra mar.tener un comisario de prisio- neros nombrado por ella misma en qada acantonamiento de los prisioneros que esten en poder de la otra parte: este comisario visitara a los prisioneros siempre que quiera; tendrafacultad de re- cibir, libres de todo derecho 6 im- puesto, y de distribuir todos los auxilios que puedan enviarles sus amigos, y libremente transmitir sus partes en cartas abiertas a la autoridad por la cual esta em- pleado. Y se declara que ni el pretesto de que la guerra destruye los tratados, ni otro alguna, sea el que fuere, se considerara que anula 6 suspende el pacto sol- emne contenido en este articulo. Por el contrario, el estado de guerra es cabalmente el que se ha tenido presente al ajustarlo, y durante el cual sus estipula- ciones se han de observar tan santamente corao las cbligaciones mas reconocidas de la ley natu- ral 6 de gentes. Articulo XXIII. Este tratado sera ratificado por el Presidente de la republica Mexicana, previa la aprobacion de su Congreso General; y por el Presidente de los Estados TJni- dos de America con el consejo y consentimiento del Senado; y las ratificaciones se cangearan en la ciudtd de Washington a los cua- tro meses de la fecha de la firma del mismo tratado, 6 antes si fuere posible. En fe de lo cual, nosotros los 65 [52] spective plenipotentiaries, have signed this treaty of peace, friendship, limits, and settle- ment; and have hereunto* affixed our seals respectively.. Done in quintuplicate, at the city of Gua- dalupe Hidalgo, on the second day of February, in the year of our Lord one thousand eight hundred and forty-eight. respectivos plenipotenciarios ne- mos firmado y sellado por quin- tuplicado este tratado de paz, amistad, limites, y arreglo defin- itive, en la ciudad de Guadalupe Hidalgo, el dia dos de Febrero del ano de nuestro Sefior mil ochocientos cuarentq y ocho. N. P. TRIST, LUIS G. CUEVAS, . BERNARDO CONTO, MIG. ATRISTAIN, L. S L. S, L. S. L. S. BERNARDO CONTO, [l. s. MIG. ATRISTAIN, [l.s. LUIS G. CUEVAS, [l.s. N. P. TRIST, "l.s. Additional and secret article of the treaty of peace, friendship , limits, and settlement between the United States of America and the Mexican republic, sign- ed this day by their respective 'plenipotentiaries. Articulo cdicional y sccreto del tratado de paz, amistad, lim- ites y arreglo definitivo entre la republica Mexicana y los Estados Unidos de America^ firmado hoy por sus respectivos ■plenipotenciarios . In view of the possibility that the exchange of the ratifications of this treaty may, by the cir- cumstances in which the Mexi- can republic is placed, be delay- ed longer than the term of fou" months fixed by its twenty-third article for the exchange of rati- fications of the same, it is here- by agreed that such delay shall not, in any manner, affect the force and validity of this treaty, unless it should exceed the term of eight months, counted from the date of the signature thereof. This article is to have the same force and virtue as if insert- ed in the treaty to which this is an addition. In faith whereof,- we, the re- spective plenipotentiaries, have signed this additional and secret article, and have hereunto affixed our seals, respectively. Done in quintuplicate at the city of Gua- 5 En atencion a la posibilidad de que el cange de las ratifica- ciones de este tratado se demore mas del termino de cuatro meses fijados en su articulo veinte y tres; por las circunstancias en que se encuentra la republica Mexicana, queda convenido que tal demora no afectara de ningun modo la fuerza y validez del mismo tratado, si no excediere de ocho meses contados desde la fecha de su firraa. Este articulo tendra la misrn:i fuerza y valor que si estuviese inserto en el tratado de que es parte adicional. En fe de lo cual, nosotros los respectivos plenipotenciarios he- mos firmado y sellado este arti- culo adicional y seereto. Hecho por quintuplicado en la ciudad de Guadalupe Hidalgo, el dia.< dos Febrero del afio de nuestro [53] 66 Igo, on the second Sefior rail ochocieotos cuarenta day oi February, in the year of y ocho. our Lord one thousand eight hunurtd and forty-eight. N. P.TRIST, " " [l.s. ■ CUEVAS, f L . s tNARDO CONTO. |l. s MIG. ATRISTAIN, [ L . s BERNARDO CONTO. MIG. ATRISTAIN. LUIS G. OUEVAS. N. P. TRIST, I L. S. ■I. s. 6? [32] In Executive session. Senate oi the United States, June 21, 1848. Resolved, That the injunction of secrecy be removed from the first and fifth articles of the unratified convention for the settle- ment of claims of the cil nmeirt of 1" cart republic against the governmer States, and of the citizens and government of the United States against the govern- ment of the Mexican republic, concluded at the city of Mexico the 20th of November, to be ratified by the Senate of the United States, which unratified convention is referred to, and the first and fifth articles thereof made a part of the fifteenth article of the treaty of peace, friendship, limits, and settlement between the United States of America and the Mexican republic, concluded at Guadalupe Hidalgo, on the 2d day of Febr-uary, 1843. 11 Auticli: I. "All claims of citizens of the Mexican republic against the srov- ernment of the United States, which shall be presented in the man- ner and time hereinafter expressed, and all claims of citizens of the United States against the government of the Mexican republic, which, for whatever cause, were not submitted to, nor considered, nor finally decided by the commission, nor by the arbiter appointed by the convention of 1839, and which shall be presented in the manner and time hereinafter specified, shall be referred to four commissioners, who shall form a board, and shall be appointed in the following manner; that is to say: Two commissioners shall be appointed by the President of the .Mexican republic, and the other two by the President of the United States, with the approbation and consent of the Senate. The said commissioners, thus appoint- ed, shall, in presence of each other, take an oath to examine and decide impartially the claims submitted to them, and which may lawfully be considered, according to the proofs which shall be pre- sented, the principles of right and justice, the law of nations', and trfe treaties between the two republics." " Article V. "All claims of citizens of the United States against the govern- ment of the Mexican republic which were considered by the com- missioners and referred to the umpire appointed under the conven- tion of the 11th April, 1839, and which were not' decided by him > shall be referred to and decided by the umpire to be appointed, as provided by this convention, on the points submitted to the umpire under the late convention, and his decision shall be final and con- clusive. It is also agreed, that if the respective commissioners shall deem it expedient, they may submit to the said arbiter new arguments upon the said claims." 30th Congress, ? f CONFIDENTIAL. ] >th UONGRESS, 1 1st Session. £ Ex. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, COMMUNICATING JL treaty of peace, friendship, limits, and settlement, between the United States of Jim eric a and the Mexican republic, concluded at Guadalupe Hidalgo, on the 2d day of February, in the year 1S48. February 23, 1848. Head, and, with the treaty and documents, referred to the Committee on Foreign Relations,, and ordered to bo printed in conlidenee for the use of the Senate. To the Senate of the United States: I lay before the Senate, for their consideration and advice as to its ratification, a treaty of peace, friendship, limits, and settlement, signed at the city of Guadalupe Hidalgo, on the 2d day of Feb- ruary, 1848, by N. P. Trist on the part of the United States, and by plenipotentiaries appointed for that purpose on the part of the Mexican government. I deem it to be my duty to state, that the recall of Mr. Trist as commissioner of the United States, of which Congress was informed in my annual message, was dictated by a belief that his continued presence w T ith the army could be productive of no good, but might do much harm, by encouraging the delusive hopes and false im- pressions of the Mexicans, and that his recall would satisfy Mexico that the United States had no terms of peace more favorable to offer. Directions were given that any propositions for peace which Mexi- co might make should be received and transmitted by the command- ing general of our forces to the United States. It was not expected that Mr. Trist would remain in Mexico, or continue in the exercise of the functions of the office of commis- sioner after he received his letter of recall. He has, however, done so, and the plenipotentiaries of the government of Mexico, with a knowledge of the fact, have concluded with him this treaty. I have examined it with a full sense of the extraneous circumstances attending its conclusion and signature, which might be objected to; "but, conforming, as it does substantially on the main questions of boundary and indemnity, to the terms which our commissioner, when he left the United States in April last, was authorized to offer, and animated, as I am, by the spirit which has governed all my; [52] 70 official conduct towards Mexico, I have felt it to be my duty to sub- mit it to the Senate for their consideration, with a view to its rati- fication. To the tenth article of the treaty there are serious objections, and no instructions given to Mr. Trist contemplated or authorized its insertion. The public lands within the limits of Texas belong to that State, and this government has no power to dispose of them, or to change the conditions of grants already made. All valid titles to land within the other territories ceded to the United States will remain unaffected by the change of sovereignty; and I therefore sub- mit that this article should not be ratified as a part of the treaty. There may be reason to apprehend that the ratification of the i( additional and secret article 5 ' might unreasonably delay and em- barrass the final action on the treaty by Mexico. I therefore sub- mit whether that article should not be rejected by the Senate. If the treaty shall be ratified as proposed to be amended, the cessions of territory made by it to the United States as indemnity, the provision for the satisfaction of the claims of our injured citi- zens, and the permanent establishment of the boundary of one of the States of the Union, are objects gained of great national im- portance; while the magnanimous forbearance exhibited towards Mexico, it is hoped, may insure a lasting peace and good neighbor- hood between the two countries. I communicate herewith a copy of the instructions given to Mr. Slid ell in November, !Si5, as envoy extraordinary and minister plenipotentiary to Mexico; a copy of the instructions given to Mr. Trist in April last; and such of the correspondence of the latter with the Department of State, not heretofore communicated to Congress, as will enable the Senate to understand the action which has been had with a view to the adjustment of our difficulties with Mexico. JAMES K. POLK. Washington, February 22, 184S. LIST. Mr. Buchanan to Mr. Slidell, November 10, 1845. Mr. Buchanan to Mr. Trist, April 15, 1847. Mr. Trist to Mr. Buchanan, (extract,) June 3, 1847. Mr. Buchanan to Mr. Trist, (extract,) June 14, 1847. The same to the same, (extract,) July 13, 1847. The same to the same, (extract,) July 19, 1847. The same to the same, October 6, 1847. The same to the same, October 25, 1847. Mr. de la Rosa to Mr. Trist, (translation,) October 31, 1847. Mr. Trist to Mr. Buchanan, November 27, 1847. Mr. Trist to a confidential friend at Queretaro, December 4, 1847. 71 . [52] Mr. Buchanan to Mr. Slidell. [No. 1.] Department of State, Washington, November 10, 1845. Sir: I transmit herewith copies of a despatch addressed by me, under date the 17th September, 1845, to John Black, esq., consul of the United States at the cjty of Mexico; of a note written by the consul to the Mexican minister for foreign affairs, dated Octo- ber 13, 1845; and of the answer of that minister, under date Octo- ber 15, 1845. From these papers, you will perceive that the Mexican govern- ment have accepted the overture of the President for settling all the questions in dispute between the two republics by negotiation; and that, consequently, the contingency has occurred in which your acceptance of the trust tendered to you by the President is to take effect. You will therefore repair without delay to your post, and present yourself to the Mexican government as the envoy extraor- dinary and minister plenipotentiary of the United States. In the present crisis of the relations between the two countries, the office for which you have been selected is one of vast impor- tance. To counteract the influence of foreign powers exerted against the United States in Mexico, and to restore those ancient relations of peace and good will which formerly existed between the governments and the citizens of the sister republics, will be principal objects of your mission. The wretched condition of the internal affairs of Mexico, and the misunderstanding which exists between her government and the ministers of France and England, seem to render the present a propitious moment for the accomplish- ment of these objects. From your perfect knowledge of the lan- guage of- the country, your well-known firmness and ability, and your taste and talent for society, the President hopes that you will accomplish much in your intercourse with the Mexican authorities and people. The early and decided stand which the people of the United States and their government took and maintaiaed in favor of the independence of the Spanish American republics on this continent, secured their gratitude and good will. Unfortunate events have since estranged from us the sympathies of the Mexican people. They ought to feel assured that their prosperity is our prosperity; and that we cannot but have the strongest desire to see them elevated, under a free, stable, and republican government, to a high rank among the nations of the earth. The nations on the continent of America have interests peculiar to themselves. Their free forms of government are altogther dif- ferent from the monarchical institutions of Europe. The interests and the independence of these sister nations require that they should establish and maintain an American system of policy for their own protection and security, entirely distinct from that which has so long prevailed in Europe. To tolerate any interference on the part of European sovereigns with controversies in America — '~o permit them to apply the worn-out dogma of the balance of power [52] 72 to the uec States on this continent — and, above all, to suffer them to establish new colonies of their own, intermingled with our free republics, would be to make to the same extent a voluntary sacri- fice of our independence. These truths ought everywhere through- out the continent of America to be impressed on the public mind. If, therefore, in .the course of your negotiations with Mexico, that government should propose the mediation or guarantee of any Eu- ropean power, you are to reject the proposition without hesitation. The United States will never* afford, by their conduct, the slightest pretext for any interference from that quarter in American con- cerns. Separated as we are from the Old world by a vast ocean, -and still further removed from it by the nature of our political in- stitutions, the march of free government on this continent must not be trammelled by the intrigues and selfish interests of European powers.. Liberty here must be allowed to work out its natural re- sults; and these will ere long astonish the world. Neither is it for the interest of those powers to plant colonies on this continent. No settlements of the kind can exist long. The expansive energy of free institutions must soon spread over them. The colonists themselves will break from the mother country, to become free and independent States. Any European nation which should plant a new colony on this -continent would thereby sow the seeds of troubles and of wars, the injury from which, even to her own interests, would far outweigh all the advantages which she could possibly promise herself from any such establishment. The first subject which will demand your attention is the claims of our citizens on Mexico. It would be useless here to tiace the history of these claims, and the outrages from which they spring. The archives of your legation will furnish all the necessary infor- mation on this subject. The history of no civilized nation presents, in so short a period of time, so many wanton attacks upon the rights of persons and property as have been endured by citizens of the United States from the Mexican authorities. These never would have been tolerate- J by the United States from any nation on the face of the earth, except a neighboring and sister republic. President Jackson, in his message to the Senate of the 7th Feb- ruary, 1S37, uses the following language, with great justice and truth: " The length of time since some of the injuries have been committed; the repeated and unavailing applications for redress; the wanton character of some of the outrages upon the property and persons of our citizens, upon the officers and flag of the Lnited States, independent of recent insults to this government and people by the late extraordinary Mexican minister, would justify, in the eyes of all nations, immediate war." Still, he was unwilling to resort to this last extremity, without "giving to Mexico one more opportunity to atone for the past be- fore we take redress into our own hands." Accordingly, he re- commended "that an act be passed authorizing reprisals, and the use of the naval force of the United States by the Executive against Mexico, to enforce them, in the event of a refusal by the Mexican government to come to an amicable adjustment of the mattery in 73 [ 52 ] controversy between us, upon another demand thereof made from •on board one of our vessels of war on the coast of Mexico." This message was referred to the Committee on Foreign Rela- tions, which, on the 19th February, 1837, made a report to the Sen- ate entirely in accordance with the message of the President in regard to the outrages and wrongs committed by Mexico on citizens of the United States. They recommended, however, that another demand should be made for redress upon the Mexican government, in pursuance of the form required by the 34th article of our treaty with Mexico, and the result submitted to Congress for their de- cision before actual hostilities should be authorized. The commit- tee say: "After such a demand, should prompt justice be refused by the Mexican government, we may appeal to all nations not only for the equity and moderation with which we have acted towards a sister republic, but for the necessity which will then compel us to vSeek redress for our wrongs, by actual war or by reprisals. The subject will then be presented before Congress at the commence- ment of the next session, in a clear and distinct form, and the com- mittee cannot doubt but that such measures will be immediately adopted as may be necessary to vindicate the honor of the country, and insure ample reparation to our injured fellow-citizens." The resolution with which this report concludes, was, on the 27th February, adopted by the unanimous vote of the Senate. The re- port of the Committee on Foreign Affairs made to the House of Representatives on the 24th February, 1837, breathes the same spirit with that of the Senate. In pursuance of the suggestion of the Committee on Foreign Re- lations of the Senate, a special messenger was sent to Mexico to make a final demand for redress, with the documents required by the 34th article of the treaty. This demand was made on the20rh July, 1837. The answer to it contained fair promises. How these were evaded from time to t>'me, you will learn by an examination of the archives of your legation. Finally, on the 11th April, 1S39, a convention was concluded " for the adjustment of claims of citizens of the United States of America upon the government of the Mexican republic.'"' The board of commissioners was not organized under this conven- tion until the 25th August, 1840; and, under its terms, they were obliged to terminate their duties within eighteen months from that date. Four of these eighteen months were spent in preliminary discussions, which had arisen on objections raised .by the Mexican commissioners; and, at one time, there was great danger that the board would separate without hearing or deciding a single case. It was nbt until the 24ih December, 1S40, that they commenced the examination of the claims of our citizens. Fourteen months only were left to examine and decide upon these numerous and compli- cated cases. The claims allowed by the commissioners, without reference to the umpire, amounted, principal and interest, to xl39,393 82 [52] 74 The amount, principal and interest, subsequently awarded by the umpire, was 1,586,745 86 2,026,139 68 The Mexican government finding it inconvenient to pay the amount awarded, either in money or in an issue of treasury notes, according to the terms of the convention, a new convention was concluded between the two governments on the 30th January, 1S43, to relieve that of Mexico from this embarrassment. Under its terms, the interest due on the whole amount awarded was to be paid on the 30th April, 1813; and the principal, with the accruing interest, was made payable in five years, in equal instalments every three months. Under this new agreement, made to favor Mexico, the claimants- have yet received only the interest up to the 30th April, 1843, and three of the twenty instalments. But this is not all. There were pending before the umpire, when the commission expired, claims which had been examined and awarded by the American commissioners, amounting to $928,627 88. Upon these he refused to decide, alleging that his authority had expired. This was a strange, construction of the treaty. Had he decided that his duties did not commence until those of the commissioners had ended, this would have been a more natural interpretation. To obviate this injustice, and to provide for the decision of other claims of American citizens, amounting to $3,336,837 05, which had been submitted too late to be considered by the board, a third convention Was signed at Mexico on the 20th November, 1843, by- Mr. Waddy Thompson on the part of the United States, and Messrs. Eocanegra and Trigueras on the part of Mexico. On the 30th Jan- uary, 1844, this convention was ratified by the Senate of the United States, with two amendments. The one changed the place of meet- ing of the commissioners from Mexico to Washington; and the other struck out the 16th article, which referred the claims of a pecuni- ary'nature, that the two governments might have against each other, to the commissioners, with an appeal to the umpire in case a ma- jority of them could not agree. These amendments were manifestly reasonable and necessary. To have compelled the claimants, all of whom arc citizens of the United Slates, to go to Mexico with their documents and testimony, would, in a great degree, have frustrated the object of the commis- sion. Besides, the new commission was, in fact, but a continuance of the old one; and its duties simply were, to complete the business which had been left unfinished in the city of Washington. It was something new in the history of sovereign nations to refer their mutual claims to the arbitrament of a board composed of their own citizen?, with an appeal to a subject appointed by a foreign sovereign. The dignity of sovereign States forbade such a proceed- ing. Eesides, it never had been suggested that either of the two 75 [ 52 ] governments had claims upon the other, or that there were any claims in existence except those of American citizens on Mexico. It is difficult to conceive why this convention, departing from that of the 11th April, 1839, should have embraced any such pro- vision; or why it should have stipulated for claims of citizens of Mexico against the United States, when no such claims had ever been alleged to exist. Upon a reference of these amendments to the government of Mex- ico, it interposed the same evasions, difficulties, and delays, which have always characterized its policy towards the United States. It has never yet decided whether it would or would not accede to them, although the subject has repeatedly been pressed upon its consideration by our ministers. The result of the whole is, that the injuries and outrages com- mitted by the authorities of Mexico on American citizens, which, in the opinion of President Jackson, would, so long ago as Febru- ary, 1837, have justified a resort to war or reprisals for redress, yet remain wholly unredressed, excepting only the comparatively small amount received under the convention of April, 1839. It will be your duty, in a prudent and friendly spirit, to impress the Mexican government with a sense of their great injustice to- wards the United States, as well as of the patient forbearance which has been exercised by us. This cannot be expected to endure much longer, and these claims must now speedily be adjusted in a satis- factory manner. Already have the government of the United States too long omitted to obtain redress for their injured citizens. But in what manner can this duty be performed consistently with the amicable spirit of your mission? The fact is but too well known to the world, that the Mexican government are not now in a condition to satisfy these claims by the payment of money. Un- less the debt should be assumed by the government of the United States, the claimants cannot receive what is justly their due. For- tunately, the joint resolution of Congress, approved 1st March, 1845, "for annexing Texas to the United States," presents the means of satisfying these claims, in perfect consistency with the interests, as well as the honor, of both republics. It has reserved to th's government the adjustment "of all questions of boundary that may arise with other governments." This question of boundary may, therefore, be adjusted in such a manner between the two re- publics as to cast the burden of the debt due to American claimants upon their own government, whilst it will do no injury to Mexico. Jn order to arrive at a just conclusion upon this subject, it is ne- cessary briefly to state what, at present, are the territorial rights of the parties. The Congress of Texas, by the act of December 19, 1836, have declared the Rio del Norte, from its mouth to its source, to be a boundary of that republic. In regard to the right of Texas to the boundary of the del Norte, from its mouth to the Paso, there cannot, it is apprehended, be any very serious doubt. It would be easy to establish, by the author- ity of our most eminent statesmen — at a time, too, when the ques- [52] 76 tion of the boundary of the province of Louisiana was better under- stood than it is at present — that, to this extent, at least, the del Norte was its western limit. Messrs. Monroe and Pinckney, in their communications of January 28, 1805, to Don Pedro Cevallos, then the Spanish minister of foreign relations, assert, in the strongest terms, that the boundaries of that province "are the River Perdido to the east, and the Rio Bravo to the west." They say, " the facts and principles which justify this conclusion are so satisfactory to our government, as to convince it that the United States have not a better right to the island of New Orleans under the cession referred to,, (that of Louisiana,) than they have to the whole district of ter- ritory which is above described." Mr. Jefferson was at that time President, and Mr. Madison Secretary of State; you well know how to appreciate their authority. In the subsequent negotiation with Mr. Cevallos, Messrs. Monroe and Pinckney conclusively vindi- cated the right of the United States as far^vest as the del Norte. Down to the very conclusion of the Florida treaty, the United States asserted their right to this extent — not bywords only, but by deeds. In 1818, this government having learned that a number of adventurers, chiefly Frenchmen, had landed at Galveston, with the avowed purpose of forming a settlement in that vicinity, despatched George Graham, esq., with instructions to warn them to desist. The following is an extract from these instructions, dated 2d June, 1818: "The President wishes you to proceed with all convenient speed to that place, (Galveston,) unless, as is not improbable, you should, in the progress of the journey, learn that they have aban- doned or been driven from it. Should they have removed to Mata- gorda, or any other place north of the R.io Bravo and within the territory claimed by the United States, you will repair thither, with- out, however, exposing yourself to be captured by any Spanish mi- litary force. When arrived, you will, in a suitable manner, make known to the chief or leader of the expedition your authority from the government of the United States; and express the surprise with which the President has seen possession thus taken, without author- ity from the United States, of a place within their territorial limits, and upon which no lawful settlement can be made without their sanction. You will cali upon him explicitly to avow under what national authority they profess to act, and take care that due warn- ing be given to the whole body that the place is within the United States, who will suffer no permanent settlement to be made there under any authority other than their own." It cannot be denied, however, that the Florida treaty of 22d Feb- ruary, 1819, ceded to Spi in all that part of ancient Louisiana within the present limits of Texas; and the more important inquiry now is, what is«the extent of the territorial rights which Texas has ac- quired by the sword in a righteous resistance, to Mexico. In your negotiations with Mexico, the independence of Texas must be con- sidered a settled fact, and is not to be* called in question. Texas achieved her independence on the plain of San Jacinto, in April, 1836, by one of the most decisive and memorable victories recorded in history. She then convinced the world, by her courage 77 [ 52 ] and her conduct, that she deserved to rank as an independent na- tion. To use the lanuguage of Mr. Webster, Secretary of State, in a despatch to our minister at Mexico, dated 8th July, 1842: "From the time of the battle of San Jacinto, in April, 1836, to the present moment, Texas has exhibited the same external signs of national independence as Mexico herself, and with quite as much stability of government. Practically free and independent; acknowledged as a political sovereignty by the principal powers of the world; no hostile foot finding rest within her territory for six or seven years- and Mexico herself refraining, for all Giat period, from any further attempt to re-establish her own authority over that territory," &c. &c. Finally, on the 29th March, 1845, Mexico consented, in the most solemn iorm, through the intervention of the British and French, governments, to acknowledge the independence of Texas, provided she would stipulate not to annex herself or become subject to any country whatever. » It may, however, be contended, on the part of Mexico, that the Nueces, and not the Rio del Norte, is the true western boundary of Texas. I need not furnish you arguments to controvert this posi- tion. You have been perfectly familiar with the subject from the beginning, and know that the jurisdiction of Texas has been ex- tended beyond that river, and that representatives from the country between it and the del Norte have participated in the deliberations both of her congress and her convention. Besides, this portion of the territory was embraced within the limits of ancient Louisiana. The case is different in regard to New Mexico. Santa Fe, its capital, was settled by the Spaniards more than two centuries ao-o- and that province has been ever since in their possession and that of the republic of Mexico. The Texans never have conquered or taken possession of it, nor have its people ever been represented in any of their legislative assemblies or conventions. The long and narrow valley of New Mexico, or Santa Fe, is sit- uated on both banks of the upper del Norte, and is bounded on both sides by mountains. It is many hundred miles remote from other settled portions.of Mexico, and from its distance it is both difficult and expensive to defend the inhabitants against the tribes of fierce and warlike savages that roam over the surrounding country. For this cause it has suffered severely from their incursions. Mexico must expend far more in defending so distant a possession than she can possibly derive benefit from continuing to hold it. Besides, it is greatly to be desired that our boundary with Mex- ico should now be established in such a manner as to preclude all future difficulties and disputes between the two republics. A great portion of New Mexico being on this side of the Rio Grande, and included within the limits already claimed by Texas, it may here- after, should it remain a Mexican province, become a subject of dispute and a source of bad feeling between those who, I trust, are destined in future to be always friends. On the other hand, if, in adjusting the boundary, the province of New Mexico should be included within the limits of the United [52] 78 States, this would obviate the danger of future collisions. Mexico would part with a remote and detached province, the possession of which can never be advantageous to her; and she would be relieved from tlie trouble and expense of defending its inhabitants against the Indians. Besides, she would thus purchase security against their attacks for her other provinces west of the del Norte, as it would at once become the duty of the United States to restrain the savage tribes within their limits, and prevent them from mating hostile incursions into Mex^o. From these considerations, and others which will readily suggest themselves to your mind, it would seem to be equally the interest of both powers that New M'exico should belong to the United States. But the President desires to deal liberally by Mexico. You are, therefore, authorized to offer to assume the; payment of all the just claims of our citizens against Mexico; and, in addition, to pay five millions of dollars in case the Mexican government shall agree to establish the boundary between the two countries from the mouth of the Rio Grande, up the principal stream to the point where it touches the line of New Mexico; thence west of the river along the exterior line of that province, and so as to include the whole w T ithin the United States, until it again intersects the river; thence up the principal stream of the same to its source; and thence due north until it intersects the forty-second degree of north latitude. A boundary still preferable to this would be an extension of the line from the northwest corner of New Mexico, along the range of mountains until it would intersect the forty-second parallel. Should the Mexican authorities prove unwilling to extend our boundary beyond the del Norte, you are, in that event, instructed to offer to assume the payment of all the just claims of citizens of the United States against Mexico, should she agree that the line shall be established along the boundary defined by the act of Con- gress of Texas, approved December 19, 1836, to wit: beginning at "the mouth of the Rio Grande; thence up the principal stream of said river to its source; thence due north to the forty-second degree of north latitude." It is scarcely to be supposed, however, that Mexico would relin- quish five millions of dollars for the sake of retaining the narrow strip of territory in the valley of New Mexico, west of the Rio Grande; and thus place under two distinct governments the small settlements, closely identified with each other, on the opposite banks of the river. Besides, all the inconveniences to her from holding New Mexico, which I have pointed out, would be seriously aggravated by her continuing to hold that small portion of it which lies west of the river. There is another subject of vast importance to the United States, which will demand your particular attention. From information, possessed by this department, it is to be seriously apprehended that both Great Britain and France have designs upon California. The views of the government of the United States on this subject you will find presented in my despatch to Thomas O. Larkin, esq., our consul at Monterey, dated October 17, 1845, a copy of which is 79 [ 52 ] herewith transmitted. From it you will perceive, that whilst this government does not intend to interfere between Mexico and Cali- fornia, it would vigorously interpose to prevent the latter from be- coming either a British or a French colony. You will endeavor to ascertain whether Mexico has any intention of ceding it to the one or the other power; and if any such design exists, you will exert all your energies to prevent an act which, if consummated, would be so fraught with danger to the best interests of the United States. On this sfibject you may freely correspond with Mr. Larkin, taking care that your letters shall not fall into improper hands. The possession of the bay and harbor of San Francisco is all im- portant to the United States. The advantages to us of its acquisi- tion are so striking, that it would be a waste of time to enumerate them here. If all these should be turned against our country by the cession of California to Great Britain, our principal commercial rival, the consequences would be most disastrous. The government of •California is now but nominally dependent upon Mexico; and it is more than doubtful whether her authority will ever be reinstated. Under these circumstances, it is the desire of the President that you shall use your best efforts to obtain a ces- sion of that province from Mexico to the United States. Could you accomplish this object, you would render immense service to your country, and. establish an enviable reputation for yourself. Money would be no object, when compared with the value of the acquisition. Still, the attempt must be made with great prudence and caution, and in such, a manner as not to alarm the jealousy of the Mexican government. Should you, after sounding the Mexican authorities on the subject, discover a prospect of success, the Presi- dent would not hesi.tate to give, in addition to the assumption of the just claims of our citizens on Mexico, twenty-five millions of dollars for the cession. Should you deem it expedient, you are authorized to offer this sum for a boundary running due west from the southern extremity of New Mexico to the Pacific ocean, or from any other point on its western boundary which would embrace Mon- terey within our limits. If Monterey cannot be obtained, you may if necessary, in addition to the assumption of these claims, offer twenty millions of dollars for any boundary commencing at any point on the western line of New Mexico and running due west to the Pacific, so as to include the bay and harbor of San Francisco. The larger the territory south of this bay, the better. Of course when I speak of any point on the western boundary of New Mexico it is understood that from the del Norte to that point our boundary shall run according to the first offer which you have been author- ized to make. I need scarcely add, that in authorizing the offer of five millions, or twenty-five millions, or twenty millions of dollars these are to be considered as maximum sums. If you can accom- plish either of the objects contemplated for a less amount, so much aaore satisfactory will it prove to the President. The views and wishes of the President are now before you, and much, at last, must be left to your own discretion. If you can ac- complish any one of the specific objects which have been presented [52] 80 in these instructions, you are authorized to conclude a treaty to that effect. If you cannot, after you shall have ascertained what is practicable, you will ask for further instructions, and they shall he immediately communicated. Your mission is one of the most delicate and important which has ever been confided to a citizen of the United States. The people to whom you will be sent are proverbially jealous; and they have been irritated against the United States by recent events, and the intrigues of foreign powers. To conciliate their good will is indis- pensable to your success. I need not warn you against wounding their national vanity. You may probably have to endure their unjust reproaches with equanimity. It would be difficult to raise a point of honor between the United States and so feeble and' distracted a power as Mexico. This reflection will teach you to bear and for- bear much, for the sake of accomplishing the great objects of your mission. We are sincerely desirous to be on good terms with Mex- ico; and the President reposes implicit confidence in your patriot- ism, sagacity, and ability, to restore the ancient relations of friend- ship between the two republics. Herewith you will also receive your full powers to conclude a treaty, together with two maps — the one Arrowsmith's and the other Emory's — on which are designated the limits of New Mexico. You will keep the department advised of your progress as often as safe opportunities may offer. You are aware that Congress, at their last session, made the fol- lowing appropriation: " For paying the April and July instalments of the Mexican in- demnities, due in eighteen hundred and forty-four, the sum of two hundred and seventy-five thousand dollars: Provided, it shall be ascertained to the satisfaction of the American government that said instalments have been paid by the Mexican government, to the agent appointed by the United States to receive the same, in such manner as to discharge all claim on the Mexican government, and said agent to be delinquent in remitting the money to the United States." The whole transaction between Emilio Voss, esq., the agent of the United States, and the Mexican authorities, is yet involved in mystery, which this government has not been able to unravel. You will endeavor, with as little delay as possible, to ascertain the true state of the case in relation to the alleged payment of these instal- ments by the Mexican government to our agent, and give the de- partment the earliest information on the subject. A copy of his receipt ought to be obtained, if possible. I am, &c, JAMES BUCHANAN. John Slidell, Esq., Envoy Extraordinary and Minister Plenipotentiary from the United States to Mexico. 81 [ 52 ] Mr. Buchanan to Mr. Trist. Department of State, Washington, April 15, 1847. Sir: Since the glorious victory of Bu'ena Vista, and the capture of Vera Cruz and the castle of San Juan d'Ulloa by the American arras, it is deemed probable that the Mexican government may be willing to conclude a treaty of peace with the United States. With- out any certain information, however, as to its disposition, the President would not feel justified in appointing public commission- ers for this purpose, and inviting it to do the same. After so many overtures rejected by Mexico, this course might not only subject the United States to the' indignity of another refusal, but might, in the end, prove prejudicial to the cause of peace. The Mexican gov- ernment might thus be encouraged in the mistaken opinion, which it probably already entertains, respecting the motives which have actuated the President in his repeated efforts to terminate the war. He deems it proper, notwithstanding, to send to the head-quarters of the army a confidential agent, fully acquainted with the views of this government, and clothed with full powers to conclude a treaty of peace with the Mexican government, should it be so inclined. In this manner he will be enabled to take advantage, at the propi- tious moment, of any favorable circumstances which might dispose that government to peace. The President, therefore, having full confidence in your ability, patriotism, and integrity, has selected you as a commissioner to the United Mexican States, to discharge the duties of this important mission; and for your services in this capacity you will be allowed the outfit and salary of a charge d'affaires. You are herewith furnished with a projet of a treaty, (marked A,) embraced in eleven articles, and founded upon just and liberal prin- ciples towards Mexico; which, together with your instructions, you may communicate confidentially to Major General Scott and Commodore Perry. Should a Mexican plenipotentiary meet you, duly authorized by his government to conclude a treaty of peace, you will, after a mu- tual exchange of your full powers, deliver him a copy of this pro- jet, with the sum in blank contained in the fifth article as a consid- eration for the extension of our boundaries, and inform him that you are prepared to sign it, on behalf of the government of the United States, as soon as the sum with which the blank is to be filled shall be agreed upon by the parties. This sum ought to be as much below the fifteen millions contained in the article as you can accomplish. Considering the heavy expenses and sacrifices of the war on our oart, and the brilliant success of our arms, as well as the large amount which, under the projet, this government has assumed to pay our own citizens for claims due to them by Mexico, justice would seem to require that the treaty should not stipulate for the payment of a very large sum. ■ You may, in conversation with him, ascertain what change in the 6 [52] 82 terms of the projet the Mexican government would require; and if this should become indispensable to attain the object, you may mo- dify these terms, including the amount to be paid to Mexico, in the following particulars: 1. Instead of fifteen millions of dollars stipulated to be paid by the fifth article for the extension of our boundary over New Mexico and Upper and Lower California, you may increase the amount to any sum not exceeding thirty millions of dollars, payable by in- stalments of three millions per annum, provided the right of pas- sage and transit across the isthmus of Tehuantepec, secured to the United States by the eigth article of the projet, shall form a part of the treaty. 2. Whilst it is of the greatest importance to the United States to extend their boundaries over Lower California, as well as New Mexico and Upper California, you are not to consider this as a sine qua no?i to the conclusion of a treaty. You will, therefore, not break off the negotiation if New Mexico and Upper California can alone be acquired. In that event, however, you will not stipulate- to pay more than twenty millions of dollars for these two provinces without the right of passage and transit across the isthmus of Te- huantepec. 3. You are authorized to stipulate for the payment of any sum not exceeding twenty-five millions of dollars for New Mexico and Upper California, without Lower California, provided the stipula- tion securing the right of passage and transit across the isthmus of Tehuantepec shall be retained in the treaty; or, if this should be stricken out, you are authorized to stipulate for the payment of the like sum of twenty -five millions of dollars for Lower California, in addition to New Mexico and Upper California. Should Lower California not be embraced in the treaty, then it will become necessary to change the delineation of boundary con- tained in the fourth article of the projet in the following manner: Instead of the concluding words " to the Pacific ocean," let it read, 11 to a point directly opposite the division line between Upper and Lower Califorhia; thence due west along the said line which runs north of the parallel of 32 degrees and south of San Miguel, to the Pacific ocean; and the vessels and citizens of the United States shall, in all time to come, have free and uninterrupted access to and from the ocean, through the gulf of California, from and to their possessions north of the said division line." You will not fail to observe that the sums of thirty, twenty, and twenty-five millions of dollars, respectively, which you are au- thorized to offer, are all maximums; and you will not go to the ex- tent of either, unless you shall find this absolutely nectssary to the conclusion of a treaty. You will not exceed the fifteen millions of dollars contained in the fifth article of the projet, until you shall have good reason to believe that the Mexican government would break off the negotiation unless it should be increased; and, in de- parting from this sum, you will go as little beyond it as prac- ticable. Whilst it would be most convenient for the treasury of the Uni- ted States to pay any sum for which you may stipulate in annual 83 [ 52 ] instalments of three millions each, yet this is not indispensable. If necessary, therefore, to the conclusion of the treaty, you may agree that, for the remainder of the sum above the three millions of dollars to be paid upon its ratification by Mexico, the government of the United States shall create a six per cent, stock, similar to that created for the purchase of Louisiana, to be transferred to the government of Mexico, the interest on the same to be payable an- nually at the city of Washington, and the principal to be redeem- able there, at the pleasure of this government, any time after two years from the exchange of ratifications. Should this stock not be created, .then, if insisted upon by the Mexican government, each of the annual instalments may bear an interest of six per cent., but the interest on each instalment to be payable only when the principal shall be paid. If you can obtain the postponement of the payment of the whole or any part of the three millions of dollars stipulated to be paid by the projet, immediately after the ratification of the treaty by Mexi- co, until the ratifications shall have been exchanged, this would be highly satisfactory to the President. The rights of the persons and property of the inhabitants of the territory over which the boundaries of the United States shall be extended, will be amply protected by the constitution and laws of the United States. An article, therefore, to secure these rights has not been inserted in the projet; but should this be deemed neces- sary by the Mexican government, no strong objection exists against inserting in the treaty an article similar to the third article of the Louisiana treaty. It might read as follows: "The inhabitants of the territory over which the jurisdiction of the United States has been extended by the fourth article of this treaty shall be incorpo- rated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the enjoyment of all the rights, advantages, and immunities of citi- zens of the United States; and, in the mean time, they shall be maintained and protected in the free* enjoyment of their liberty, property, and the religion which they 1 ? profess." In the event of the insertion of this article, it would be proper to add to it the following; "Provided that all grants or conces- sions whatever of any lands, made or issued by the Mexican gov- ernment since the thirteenth day of May, one thousand eight hun- dred and forty-six, within the said territory, shall be absolutely null and void." The date might, if necessary, be changed from the day when Congress recognised the existence of the war to the month of September, 1846, when the American forces took posses- sion of California. The extension of our boundaries over New Mexico* and Upper California, for a sum not exceeding twenty millions of dollars, is to be considered a sine qua non of any treaty. You may modify, change, or omit the other terms of the projet if needful, but not so as to interfere with this ultimatum. If you should not succeed in accomplishing the object of your mission, you are authorized to make the necessary preliminary ar- [52] 84 rangements with the Mexican government for the conclusion of a treaty of peace by commissioners, to be appointed by both parties, according to the proposition contained in my note of the 18th January last to the Mexican minister of foreign relations; pro- vided a reasonable prospect shall exist that such Mexican commis- sioners will agree to the ultimatum which I have specified. So rapidly does revolution follow revolution in Mexico, that it would be difficult to conjecture what form of government you may find in existence over that ill-fated country on your arrival at the head-quarters of the army. The constitution of l824"may then have been abolished, and a dictatorship be again existing in its stead. You will not hesitate, however, to conclude a treaty with whatever government you shall find there upon your arrival, provided it pre- sents a reasonable prospect of being able to maintain itself. Should a dictator be established who has subverted the constitution of 1824, and acquired the supreme power, his ratification of the treaty will be sufficient without the previous approbation of the general Congress. Were this government to refuse to conclude a treaty of peace until the Mexican government shall assume any permanent constitutional form, the war might yet continue for many years to come. If the contingency shall occur on the happening of which, as provided by the third article of the proposed treaty, hostilities are required to be suspended, you will, without delay, communicate this fact to the commanders of our land and naval forces re- spectively; the Secretaries of War and the Navy having already issued orders to them for the suspension of hostilities upon the re- ceipt of such a notice from yourself. You will herewith receive a certificate from the Secretary of the Treasury, that your draft in favor of the Mexican government, for the whole or any part of the three millions of dollars appropriated by the act of Congress of the 3d March, 1847, entitled "An act making further appropriation to bring the existing war with Mexico to a speedy and honorable conclusion," will be duly honored. You will be exceedingly careful not to draw for any part of this sum until the conditions required by that act shall have been fully com- plied with, and the treaty which you may sign with the authorized agent or ?gents of the Mexican government has been " duly ratified by Mexico." As the disbursement of so large a sum is a matter of great importance, you should use every precaution to be certain that your drafts shall be drawn in favor of the proper functionary of the Mexican government, and the whole business transacted in such a manner that no difficulty will hereafter arise on the subject. You will take receipts in triplicate for any draft or drafts which you draw; which ought, if possible, to be signed by the President of Mexico, and countersigned by the minister of finance. I am, sir, with great respect, your obedient servant, JAMES BUCHANAN. Nicholas P. Trist, Esq., 85 [ 52 ] [A.J PROJET The United States of America and the United Mexican States, desirous of terminating the war which has unhappily subsisted be- tween the two republics, and of restoring peace, friendship, and good understanding between them, have, for that purpose, appointed their respective plenipotentiaries; that is to say, the President of the United States has appointed Nicholas P. Trist, &c, &c, and who, after a reciprocal communication of their respective full pow- ers, have agreed upon the following articles: Article I. There shall be a firm and universal peace between the United States of America and the United Mexican States, and between their respective countries, territories, cities, towns, and people, without exception of places or persons. All hostilities, both by sea and land, shall definitively cease so soon as the ratifications of this treaty shall have been exchanged by the parties. Article II. All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the exchange of the ratifications of this treaty. Article III. So soon as the present treaty shall have been duly ratified by the United Mexican States, this fact shall be made known with the least possible delay to the military and naval commanders of both parties, whereupon a suspension of hostilities shall take place both by land and by sea, as well on the part of the military and naval forces of the United States as on the part of those of the United Mexican States; and the said suspension of hostilities shall be in- violably observed on both sides. Immediately after the exchange of the ratifications of the present treaty, all the forts, territories, places, and possessions, whatsoever, taken by the United States from the United Mexican States during the war, except such as are embraced within the limits of the United States as defined by the fourth article of this treaty, shall be restored without delay, and without causing any destruction, or carrying away any of the ar- tillery or other public property originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty: and in like manner, all'the forts, territo- ries, places, and possessions, whatsoever, taken by the United Mexi- can States from the United States during the war, and also all such forts, territories, places, and possessions embraced within the limits of the United States under the fourth article of this treaty, shall be [52] 86 restored, evacuated, and delivered over to the United States with- out delay, and without causing any destruction, or carrying away any of the artillery or other public property from the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty. Article IV. The boundary line between the two republics shall commence in the Gulf of Mexico, three leagues from the land opposite the mouth of the Rio Grande; from thence up the middle of that river to the point where it strikes the southern line of New Mexico; thence westwardly along the southern boundary of New Mexico to the southwestern corner of the same; thence northward along the west- ern line of New Mexico, until it intersects the first branch of the river Gila; or if it should not intersect any branch of that river, then to the point on the said line nearest to such branch; and thence in a direct line to the same, and clown the middle of said branch, and of the said river, until it empties into the Rio Colorado; thence down the middle of the Colorado, and the middle of the Gulf of California, to the Pacific ocean. Article V. In consideration of the extension of the boundaries of the United States, as defined by the last preceding article, the United States agree to pay to the United Mexican States, at the city of Vera Cruz, the sum of fifteen millions of dollars, in five equal annual instal- ments, each of three millions of dollars; the first instalment to be paid immediately after this treaty shall have been duly ratified by the government of the United Mexican States. Article VI. As a further consideration for the extension of the boundaries of the United States, as defined by the fourth article of this treaty, the United States agree to assume and pay to the claimants all the in- stalments now due, or hereafter to become due, under the conven- tion between the two republics, concluded at the city of Mexico on the 30th day of January, 1843, " further to provide for the pay- ment of awards in favor of claimants under the convention between the United States and the Mexican republic, of the 11th April, 1839." And the United States also agree to assume and pay, to an amount not exceeding three millions of dollars, all claims of citi- zens of the United States not heretofore decided against the gov- ernment of the United Mexican States, which may have arisen pre- vious to the l3tK of May, 1846, and shall be found to be justly due by a board of commissioners to be established by the government of the United States, whose awards shall be final and conclusive: Pro- vided^ That, in deciding upon the validity of these claims, the board shall be guided and governed by the principles and rules of 87 [ 52 ] decision prescribed by the first and fifth articles of the unratified convention concluded at the city of Mexico on the 20th day of No- vember, A. D. 1843; and in no case shall an award be made in favor of any claim not embraced by these principles and rules. And the United States do hereby forever discharge the United Mexican States from all liability for any of the said claims, whether the same shall be rejected or allowed by the said board of commis- sioners. Article VII. If, in the opinion of the said board of commissioners, or of the claimants, any books, records, or documents, in the possession or power of the government of the United Mexican States, shall be deemed necessary to the just decision of any of said claims, the commissioners, or the claimants through them, shall, within such period as Congress may designate, make a demand in writing for the same, addressed to the Mexican minister for foreign affairs, to be transmitted by the Secretary of State of the United States; and the Mexican government engages, at the earliest possible moment after the receipt of such demand, to cause any of the said books, records, or documents, in their possession or power, which shall be specified, to be transmitted to the said Secretary of State, who shall immediately deliver them over to the said board of commissioners: Provided, That no such demand shall be made at the instance of any claimant until the facts which it is expected to prove by such books, records, or documents, shall first have been stated under oath or affirmation. Article VIII. The government of the United Mexican States hereby grant and guaranty forever, to the government, and citizens of the United States, the right to transport across the isthmus of Tehuantepec, from sea to sea, by any modes of communication now existing, whether by land or water, free of any toll or charges whatever, all and any articles of the growth, produce, or manufacture of the United States, or of any foreign country, belonging to the said gov- ernment or citizens; and also the right of free passage over the same to all citizens of the United States. And the government of the United Mexican States also grant and guaranty to the govern- ment and citizens of the United States the same right of passage for their merchandise and articles aforesaid, as well as for such citizens, over any railroad or canal which may hereafter be con- structed across the said isthmus by the government of the United Mexican States, or by its authority, paying no more than fair and reasonable tolls for the same; and no higher tolls and charges shall be levied and collected upon any of the before mentioned articles and merchandise belonging to the government or citizens of the United States, or upon the persons of such citizens, for passing over the said railroad or canal, than shall be levied and collected upon like articles and merchandise belonging to the government or citi- zens of Mexico, being the growth, produce, and manufacture of [52] 88 Mexico, or of any foreign country, or upon the persons of such citi- zens. And none of the said articles whatever, belonging to the government or citizens of the United States, thus passing in transit over the said isthmus, from sea to sea, either by the existing modes of communication or over any railroad or canal which may hereaf- ter be constructed, in either direction, for the purpose of being transported to any port of the United States, or of any foreign country, shall be liable to any import or export duty whatever. The two governments hereby engage, with as little delay as possi- ble, mutually to agree upon such regulations as may be necessary to prevent fraud and smuggling, in consequence of the right of pas- sage thus granted and perpetually guarantied to the government and citizens of the United States. Article IX. All goods, wares, or merchandise, which shall, during the war, have been imported into any of the ports or places of either party whilst in the military occupation of the other, by the citizens of either, or by the citizens or subjects of any neutral power, shall be permitted to remain exempt from confiscation, or from any tax or duty upon the sale or exchange of the same, or upon the withdrawal of the said property from the country; and the owners thereof shall be permitted to sell and dispose of the said property, in the same manner, in 'all respects whatever, as if it had been imported into the country in time of peace, and had paid the duties under the laws of either party, respectively. Article X. The treaty of amity, commerce, and navigation, concluded at the city of Mexico on the fifth day of April, A. D. 1831, between the United States of America and the United Mexican States, and every article thereof, with the exception of the additional article, are hereby revived for the period of eight years from the day of the exchange of the ratifications of this treaty, with the same force and virtue as if they made part of the context of the same; it being un- derstood that each of the contracting parties reserves to itself the right, at any time after the said period of eight years shall l~ave expired, to terminate the same, by giving one year's notice of such intention to the other party. Article XI. This treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the United Mexican States, with the previous approbation of their general Congress; and the ratifications shall be exchanged in the city of Washington within six months from the date of the signature hereof, or sooner if practicable. 89 [ 52 ] In faith whereof, we, the respective plenipotentiaries, have signed this treaty, and have hereunto affixed our seals. Done in duplicate, at , the day of A. D. one thousand eight hundred and forty-seven. Mr. Trist to Mr, Buchanan. — Extract. [No. 6.] Puebla, June 3, 1847. Sir : ********* I enclose, also, a letter addressed to me by a gentleman whose name will be communicated hereafter. Being struck with the clear- ness and comprehensiveness, as well as the justness, of the views expressed by him in conversation with me, I requested him to com- mit the substance to writing; which he has obligingly done. I beg leave to call your attention to the part relating to the point below the Paso del Norte, to which he attaches great importance in a military point of view. If deemed proper, the boundary denned in my instructions might easily be modified in accordance with this suggestion (so far as regards that post) by saying, "up the middle of the Rio Bravo to the 32d degree of north latitude; thence due west to a point due south of the southwestern angle of New Mexi- co; thence due north to the said angle; thence along the western boundary," &c. I will add, that he has not the slightest idea of what my instructions contain on this or any other subject. ****'***** Hon. James Buchanan, Secretary of State. Mr. Buchanan to Mr. Trist. — Extract. [No. 2. J Department of State, Washington, June 14, 1847. Sir: ********* Enclosed I transmit you a copy of the orders issued on the 11th instant by the President to the Secretaries of War and of the Navy, upon the report of the Secretary of the Treasury of the day prece- ding, in relation to the Mexican tariff. From these you will per- ceive that it has been announced to the world that the government intend to provide by the treaty with Mexico that goods imported into any of the ports of that country, whilst in our military posses- sion, shall be exempt from any new import dutj or charge after the conclusion of peace. This will render it necessary for you to insist upon the insertion of the ninth article of the projet in the treaty. Indeed, you may consider this as a sine qua non. Yours, very respectfully, JAMES BUCHANAN. To N. P. Trist, Esq., [52] 90 Mr. Buchanan to Mr. Trist. — Extract. [No. 3.] Department of State, Washington, July 13, 1847. Sir: According to the suggestion in your despatch No. 6, you are au- thorized to modify the boundary contained in your instructions, so as to make it read, " up the middle of fhe Rio Grande to the thirty- second degree of north latitude; thence due west to a point due south of the southwestern angle of New Mexico; thence due north to the said angle; thence northward alon«: the western line of New Mexico," &c, &c, &c. This modification, which would embrace the Paso del Norte within the limits of the United States, is deemed important: still you are not to consider it as a sine qua non, nor suffer it to delay the conclusion of a treaty. I would suggest another and more important modification of the line; and this is, to run it along the thirty-second parallel of north latitude from the Rio Grande to the middle of the gulf of Califor- nia, and thence down the middle of the gulf to the Pacific ocean; or, if this cannot be obtained, to run it due west from the south- west angle of New Mexico to the middle of the gulf. Either of these lines would include within our limits the whole course of the Gila. From information derived from Major Emory, the valley of that river presents a favorable route for a railroad to the Pacific; but this would sometimes pass on the one side and sometimes on the other of the bed of the stream. For this reason it is deemed important that the whole valley of that river should be included within the boundary of the United States. You are, therefore, au- thorized and instructed to make the first, or if this cannot be ob- tained, the second modification above suggested, in the line; but still with the understanding that neither of these two changes is to be considered as a sine qua non, nor is it to delay the conclusion of a treaty. In case Lower California cannot be obtained, then the line might be run on the parallel of thirty-two degrees, or due west from the southwest corner of New Mexico to the Pacific ocean. If the lat- ter line should be adopted, care must be taken that San Miguel shall be included within our limits. Yours, very respectfully. To N. P. Trist, Esq., #c, #c, Sfc. JAMES BUCHANAN. Mr. Buchanan to Mr. Trist. — Extract. [No. 4.] Department of State, Washington, July 19, 1847. Sir: I enclose you a duplicate of my despatch No. 3, of the 13th instant. 91 [ 52 ] The more I reflect upon the subject, the better am I convinced of the importance of running the boundary line between the Rio Grande and the gulf of California, along the thirty-second parallel of north latitude. We cannot learn that the boundaries of New Mexico have ever been authoritatively and specifically determined; and difficulties might hereafter arise between the two governments in ascertaining where the southwestern angle of New Mexico is situated. A conversation with Major Emory since the date of my last despatch, has convinced me still more of the importance of this modification. You will, therefore, in the copy of the projet of a treaty which you are instructed to present to the Mexican plenipotentiary, if this be not too late, substitute the following, instead of the 4th article: Article 4. — The boundary line between the two republics shall commence in the gulf of Mexico three leagues from the land, oppo- site the mouth of the Rio Grande; from thence up the middle of that river to the thirty-second parallel of north latitude; from thence due west along this parallel of latitude to the middle of the gulf of California; thence down the middle of the same to the Pa- cific ocean. It is not intended that you shall make the parallel of 32°, instead of the river Gila, a sine qua non; but yet it is deemed of great im- portance that you should obtain this modification, if it be practica- ble. If Lower California cannot be obtained, then the line on the par- allel of 32° m-ght be extended to the Pacific ocean; taking care, in that event, to secure to our citizens, in accordance with your origi- nal instructions, "in all time to come, a free and uninterrupted access to and from the ocean through the gulf of California, from and to their possessions north of the said division line." Major Emory, whilst in California, has accurately ascertained the latitude of two important points in that country. The latitude of the town of San Diego is 32° 44" 59'. The harbor is some miles south of the town. The latitude of the mouth of the Gila where it empties into the Colorado, is 32° 43'. # # # # # # To N. P. Trist, esq., frc, #c, #c. Mr. Buchanan to Mr. Trist. [No. 5. J Department of State, Washington^ October 6, 1847. Sia: On the 2d instant there was received at this department, from Vera Cruz, a printed document in Spanish, consisting of eight quarto pages, and entitled li Contestaceones habedas entre el Su- premo Gobierno Mexicano, el General en Gefe del ejercito Ameri- cano, y el Comisionado de los Estados Unidos. This purports to give a history in detail of the origin, progress, and unsuccessful uination of your negotiations with the Mexican commissioners. [52] 92 The counter projet of the Mexican government is, indeed, under all the circumstances, a most extraordinary document. Its extrava- gance proves conclusively that they were insincere in appointing commissioners to treat for peace, and that the armistice and subse- quent negotiations were intended merely to gain time. They must have known that the government of the United States never would surrender either the territory between the Nueces and the Rio Grande, or New Mexico, or any portion of Upper California; never would indemnify Mexican citizens for injuries they may have sus- tained by our troops in the prosecution of the present just and ne- 1 - cessary war; and never could, without dishonor, suffer the Mexican government to levy new duties upon goods imported into ports now in our actual possession which had already paid duties to the Uni- ted States. To propose such terms was a mere mockery. And here I ought to observe, in justice to yourself, that we do not Relieve there is any truth in the assertion of the Mexican commissioners, that you had proposed (if the other terms of the treaty were made satisfactory) to refer to your government, u with some hope of a good result," the question of surrendering to Mexico that portion of the sovereign State of Texas between the Nueces and the Rio Grande, or any part of Upper California. Your original instructions were framed in the spirit of forbear- ance and moderation. It was hoped, that after the surrender of Vera Cruz and the castle of San Juan d'Ulloa, the Mexican gov- ernment would be willing to listen to the counsels of peace. The terms, therefore, to which you were authorized to accede, were of the most liberal character, considering our just claims on Mexico and our success in the war. New Mexico, the Californias, several of the northern States, and most of the important ports of Mexico, were then in our possession; and yet we were at that time willing freely to surrender most of these conquests, and even to make an ample compensation for those which we retained. ; Circumstances have entirely changed since the date of your origi- nal instructions. A vast amount of treasure has since been ex- pended; and, what is of infinitely more value, the lives of a great number of our most valuable citizens have been sacrificed in the prosecution of the war. In the annals of history never has there been a war conducted in the same manner by invading forces. Instead of levying military contributions for the support of our armies in the heart of our ene- my's country, we have paid fair, and even extravagant prices, for all the supplies which we have received. We have not only held sacred the private property of the Mexicans, but on several occa- sions have fed their famishing soldiers, and bound up their wounds. And what has been the return'? Treachery and cruelty have done their worst against us. Our citizens have been murdered, and their dead bodies mutilated, in cold blood, by bands of savage and cow- ardly guerillas; and the parole of honor, sacred in all civilized warfare, has been habitually forfeited by Mexican officers and sol- diers. Those paroled at Vera Cruz have fought against us at Cerro Gordo; and those paroled at Cerro Gordo have doubtless feofi ~ n 93 L 52 ] the ranks of the enemy in the battles so glorious to our arms at and near the city of Mexico. After the battle of Cerro Gordo, the President entertained serious thoughts of modifying your instructions, at least so far as greatly to reduce the maximum sums which you were, authorized to pay for portions of the Mexican territory; but, wishing to afford to the world an example of continued moderation and forbearance in the midst of victory, he suffered them to remain unchanged. And what has been the consequence'? After a series of brilliant victories, when our troops were at the gates of the capital, and it was completely in our power, the Mexi- can government have not only rejected your liberal offers, but have insulted our country by proposing terms the acceptance of wbich would degrade us in the eyes of the w T orld, and be justly condemned by the w T hole American people. They must attribute our liberality to fear, or they must take courage from our supposed political di- visions. Some such cause is necessary to account for their strange infatuation. In this state of affairs, the President, believing that your continued presence with the army can be productive of no good, but may do much harm by encouraging the delusive hopes and false impressions of the Mexicans, has directed me to recall you from your mission, and to instruct you to return to the United States by the first safe opportunity. He has determined not to make another offer to treat with the Mexican government, though he will be always ready to receive and consider their proposals. They must now first sue for peace. What terms the President may be willing to grant them will de- pend upon the future events of the war, and the amount of the pre- cious blood of our fellow citizens and the treasure which shall in the mean time have been expended. Should the Mexican government desire hereafter to open negoti- ations, or to propose terms of peace, their overtures will be imme- diately transmitted to Washington by the commanding general, where they will receive the prompt consideration of the President. Should you have concluded a treaty before this despatch shall reach you, which is not anticipated, you will bring this treaty with you to the United States, for the consideration of the President; but should you, upon its arrival, be actually engaged in negotiations with Mexican commissioners, these must be immediately suspended; but you will inform them that the terms which they may have pro- posed, or shall propose, will be promptly submitted to the Presi- dent on your return. You are not to delay your departure, however, awaiting the communication of any terms from these commissioners, for the purpose of bringing them to the United States. I am, sir, very respectfully, your obedient servant, JAMES BUCHANAN. To Nicholas P. Trist, Esq , [ 52 ] 94 Mr. Buchanan to Mr. Trist. [No. 6.1 Department of State, Washington, October 25, 1847. Sir: Your despatches, either in original or duplicate, to No. 16 inclusive, with the exception of Nos. 5 and 8, have been received at the department. From your despatch No. 15, of the 4th September, received on the 21st instant, it appears that you had offered to the Mexican commissioners, that if they would propose to you to establish the boundary between the two republics by a line by which the United States would surrender that portion of the State of Texas between the Rio Grande and the Nueces, and also that portion of Upper California south of the thirty-third parallel of latitude, between the Colorado and the Pacific ocean, you would transmit such a propo- sition, proceeding from them, to Washington, and would propose to General Scott to continue the then existing armistice until you should receive the answer of your government. You will have learned from my despatch No. 5, of the 6th inst., that we did not believe there was any truth in the statement of the Mexican commissioners that you had made such a proposal. As this fact is now placed beyond a doubt, the President has instructed me to express to you his profound regret that you should have gone so far beyond the carefully considered ultimatum, to which you were limited by your instructions. The State of Texas is in the exercise of peaceable and undisturbed jurisdiction over the country between the Nueces and the Rio Grande. She has made extensive grants of land within its limits; divided it into counties, which have been represented in her convention and legislative assemblies; established courts of justice therein; and, in short, has exercised the same sovereign rights over it as over any other portion of her territory. Congress, acting upon these incontestable facts, as well as upon the clear right of Texas to extend to the Rio Grande, in December, 1845, created a port of delivery west of the Nueces, at Corpus Christi, and in May, 1846, established post routes between these two rivers. This region, also, constitutes a part of one of the con- gressional districts of Texas, and its people are now represented in the Congress of the United States. Under these circumstances, the President could not for a single moment entertain the question of surrendering that portion of Texas, even if this were practicable. But such is not the case. Consid- ering the enterprising and energetic character of the American peo- ple it would be impossible to expel by force the inhabitants between the Nueces and the Rio Grande from their possessions, and to con- vert this territory into a desert, for the security of the Mexican frontier. The President has also directed me to express his regret that you should have been willing to entertain the question of surrendering any portion of Upper California to Mexico. By running the divi- 95 [ 52 ] jjion line from the Colorado to the Pacific, along the thirty-third parallel of latitude, the bay and harbor of San Diego would be re- stored to the Mexican republic. This port, being nearly five de- grees further south, is, for every commercial purpose, of nearly equal importance to the United States with that of San Francisco. It was to secure to us the bay and harbor of San Diego beyond all question, and to prevent the Mexican government from hereafter i contesting the correctness of the division line between Upper and 'Lower California, as delineated on the map which you carried with you, that your original instructions directed that if you could not obtain Lower California, the fourth article of the projet should in terms fix this line as running "north of the parallel of 32 p , and south of San Miguel, to the Pacific ocean." To have arrested our victorious army at the gates of the capital for forty or fifty days, and thus to have afforded the Mexicans an opportunity to recover from their panic, to embody their scattered forces, and to prepare for further resistance, in order that in the meantime you might refer such proposals to your government, would, in the President's opinion, have been truly unfortunate. With these considerations in view, the President has directed me to reiterate your recall. The date of the last despatch received at the War Department from General Scott is the 4th June. The President is now becom- ing apprehensive that he may not receive despatches from him be- fore the meeting of Congress. I transmit herewith a copy, in triplicate, of my despatch No. 5. Yours, very respectfully, JAMES BUCHANAN. To N. P. TRisT,Esq., 4rc, #c, 8rc. MrrDe la Rosa to Mr. Trist. [Translation.] Q.ueretas.0, October 31, 1847, Th* undersigned, minister of foreign relations of the Mexican repub ic, has had the honor to receive the note under date the 20th ultimt j* addressed to him by his excellency Nicholas Trist, com- missioner of the United States of America, clothed with full powers to conclude a treaty of peace with the said republic. The under- s : ;ned has received, also, the note of his excellency Mr. Trist, in jly to that addressed to him under date the 6th September! by lir excellencies the commissioners, on the part of Mexico, for gotiating a peace. This note has not been received at the Department of State. A copy of thi-i note has been ommunieated to the Senate in legislative session. [ 52 ] 96 Although the two documents referred to leave but little hope that peace may be re-established, the undersigned can assure his excellency Mr. Trist that the government of Mexico is animated by the same ardent wish as his excellency for tne cessation of a war, the calamities of which now bear heavily upon this republic, and the consequences of which will, sooner or later, make themselves felt by the United States of America. The undersigned will in con- sequence have the honor, in the course of a few days, to advise his excellency Mr. Trist of the appointment of commissioners to con- tinue the negotiations for peace, to whom will be given instructions for the previous adjustment of an armistice, which the government of the undersigned believes will conduce greatly to the good result of the said negotiation. The undersigned offers to his excellency Nicholas Trist the assu- rance of his very distinguished consideration. LUIS DE LA ROSA. Mr, Trist to Mr. Buchanan. [No. 21. J Head-quarters of the U. S. Army, Mexico, November 27, 1847. Sir: I have the honor to acknowledge the receipt, on the 16th instant, by a courier from Vera Cruz, of your despatch of the 25th ultimo, accompanied by the triplicate of that of the 6th of the same month, the original of which was delivered to me on the evening of the next day, by Mr. Smyth, the bearer of despatches. The dupli- cate has not yet come to hand. It probably forms part of the large mail which, agreeably to the intelligence received here, left Vera Cruz in company with General Patterson, who had stopped at Ja- lapa. On a future occasion, perhaps, should I ever find time to employ on a theme so insignificant with respect to the public interests, and so unimportant in my own eyes, so far as regards its bearings upon myself personally, 1 may exercise the privilege of examir ">g the grounds for the censure cast upon my course by the Presi , and explaining those upon which rests the belief still entertaine »y me, that that course was calculated to attain the end contempl ed by our government, and was the only one which afforded the ^ ^htest possibility of its being attained; the end, I mean, of bringin* about a treaty of peace on the basis, in all material respects, of t? 2 pro- ject entrusted to me. For the present I will merely call attention to the fact, that a mere offer to refer a question to my government constitutes the only ground on which I can be charged withh^B *■. u gone so far beyond the carefully considered ultimatum tc re I n I was limited by my instructions." Whether this offer, urn * nt j a circumstances and prospects of the crisis when it was mai ni wise or unwise — I mean with reference to the end desired — government — is a question which no longer possesses any pi importance; thoughthe time was, when it constituted with me , 97 [ 52 ] jcct of the most careful and the most anxious deliberation; not be- cause of the personal responsibility attaching to the decision in which that deliberation resulted — for that never occupied my mind for an instant — but because I knew, and I felt ^ that upon my own decision depended, according to every human probability, the early cessation of the war, or its indefinite protraction. The alternative presented by the position in which I found myself was, on the one hand, to keep on safe ground so far as I was personally concerned, and destroy the only possible chance for a peace; on the other hand, to assume responsibility, and keep that chance alive, with some prospect, at least — and, all things considered, as perhaps I may hereafter take the trouble to show, by no means a prospect to be despised, under such circumstances — that the adoption of our projet might come to pass. * * * * **#*####$ Upon perusing your two despatches above referred to, my first thought was immediately to address a note to the Mexican govern- ment, advising them of the inutility of pursuing their intention to appoint commissioners to meet me. On reflection, however, the depressing influence which this would exercise upon the peace par- ty, and the exhiliration which it would produce among the opposi- tion, being perfectly manifest, I determined to postpone making this communication officially, and meanwhile privately to advise the leading men of the party here, and at Queretaro, cf the instruc- tions which I had received. Their spirits had, for the last few days been very much raised by the course of events at Queretaro; and one of them (the second of the two heads mentioned in a late despatch) called on me on the very day after your despatches came to hand, for the purpose of communicating the "good news," and making known u the brightening prospects." Upon my saying that it was all too late, and telling what instructions I had received, his countenance fell, and flat despair succeeded to the cheeriness with which he had accosted me. The same depression has been evinced by every one of them that I have conversed with, whilst joy has been the effect with those of the opposite party who have ap- proached me to inquire into the truth of the newspaper statement from the Union. By both parties the peace men were considered as floored; this was the coup de grace for them. Mr. Thornton was to set out (as he did) the next morning for Queretaro; and I availed myself of this privately to apprize the members of the government of the state of things, with reference to which their exertions in favor of peace must now be directed, and to exhort them not to give up, as those here had at first seemed strongly disposed to do, and as it was believed here that those at Queretaro would at once do. Fortunately, however, when the news reached there, they had just taken in a strong dose of confi- dence — the result of the meeting of the governors — which has served to brace them against its stunning effect. Mr. Thornton left here on the 17th, and was to complete his journey on the evening of the 21st. Before he had reached there, I was privately advised here of the appointment of the commissioners named in the official 7 [52] 98 note from the minister of relations, under date22d, herein enclosed, together with a copy of my reply to the same, which was despatched from Queretaro on the morning of that day. Their extreme anxi- ety on the subject may be judged from the fact, that I have re- ceived already the same communication in duplicate and triplicate. The peace men did not cease for several days to implore me to re- main in the country, at least until Mr. Parrott shall have arrived with the despatches of which report makes him the bearer. To these entreaties, however, I have turned a deaf ear, stating the ab- solute impossibility that those despatches should bring anything to change my position in the slightest degree. General Scott at once said that he would despatch a train at any time I might name. And I should have set out before this, but for two considerations: one, that the garrison here is already so small that its duties are exceed- ingly oppressive to both officers and men, and the matter would be made still worse by the detachment of another escort; the other, that General Scott * * * * # * # , # ♦ # * # - * # For these reasons I have determined to postpone my departure until the return of the train under Lieutenant Colonel Johnson, which is expected on the 4th or 5th of next month. Should it be delayed beyond that time, and should any reinforcements have arrived here or be near, I will set out immediately after. It will take us twelve days at least to reach Vera Cruz. I recommend to the peace men to send immediately, through General Scott, whatever propositions they may have to make, or to despatch one or more commissioners with me. After full conver- sations on the subject, however, I became thoroughly satisfied of the impracticability of either plan: it would, to a certainty, have the effect of breaking them down. The only possible way in which a treaty can be made is, to have the work done on the spot; nego- tiation and ratification to take place at one dash. The complexion of the new Congress, which is to meet at Queretaro on the Sth of January, is highly favorable. This will be the last chance for a treaty. I would recommend, therefore, the immediate appointment of a commissioner on our part. I am, sir, in great haste, and very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. Mr. Peha y Pena to Mr. Trist. [Translation.] Qteretaro, November 22, 1S-47. The undersigned, minister of relations of the Mexican govern- ment, has the honor to address the present note to his excellency 99 [ 52 ] Don Nicholas Trist, commissioner of the United States of the north, and to acquaint his excellency that the provisional government of the president of the supreme court of justice of Mexico being ended, by the election of General Don Pedro Maria Annaya as President of the republic ad interim^ and his excellency having appointed the undersigned the head of this department of relations, the new President at once began to inform himself respecting the last discussions which took place between his excellency Mr. Trist and this department. Seeing in them the ardent desire which his excellency states he entertains to cause an end ^to be put to the calamities of the war which unfortunately severs both republics, and that for this pur- pose the appointment of commissioners on the part of Mexico was pending, which appointment the president of the supreme court of justice did not make on account of the temporary character of his government, the present President has decided to choose anew the same two gentlemen who had already been appointed — Don Ber- nardo Conto and Don Miguel Atristain; and Don Jose Joaquin Her- rera and Don Ignacio Mora y Villamil not having it in their power to continue upon the commission — the first in consequence of being seriously ill, and the second in consequence of being appointed mi- nister of war — Don Manuel Rincon and Don Luis Gonzaga Cuevas have been appointed instead of those two individuals, and have been duly informed thereof by the undersigned. But as those gentlemen are in different parts of the republic, al- though not very far from this city, they have been requested to repair hither forthwith, to receive their appropriate instructions; and, when received, they will communicate with his excellency Mr. Trist, in order that, upon proper conditions, the conferences which remain pending may be continued, and may lead to the happy re- sult of an honorable and useful peace. The undersigned sincerely unites his desires to those of his ex- cellency Mr. Trist, that the powers conferred may not be vain or useless; and, with that view, he has the satisfaction of offering to his excellency the assurances of his very distinguished considera- tion. MANUEL DE LA PENA Y PENA. Mr. Trist to Mr. Pena y Pena. Mexico, November 24, 1847. The undersigned has the honor to acknowledge the receipt of the note, under date the 22d instant, of his excellency Don Manuel de la Pena y Pena, minister of relations of the Mexican government, acquainting him of the appointment of the commissioners therein named, to negotiate for the restoration of peace. The undersigned regrets to say, in reply, that the powers conferred upon him for that purpose have been revoked, and that, agreeably to the instruc- [52] 100 tions received by him, he is under the necessity of returning, with- out delay, to the United States. At the same time, he has been instructed to say that any communication from the Mexican gov- ernment, having for its object the opening of negotiations or the restoration of peace, will be immediately transmitted by Hie com- manding general of the United States forces in this republic, to Washington, where it will receive the prompt consideration of the President. The undersigned still cherishes, therefore, the hope that the sig- nature of the treaty, which has been reserved for another hand than his, is destined to take place at an early day. In this hope, he ten- ders, &c., &c. N. P. TRIST. To his excellency Don Manuel de la Pena y Pena, Minister of Relations of the Mexican government. Mr. Trist to a confidential friend at Queretaro. [confidential.] Mexico, December 4, 1847. My dear Mr. : This letter will occasion you great sur- prise, but no greater than I should myself have experienced a few hours ago, had a seer, in whose prophetic powers I put faith, fore- told to me that I was to write it. Down to that moment, I have, from the time when I last wrote to you, considered it as a thing fixed and unchangeable — as absolutely fixed as any thing can be — that the treaty of peace, which I yet hoped might take place at an early day, was not to be signed by my hand. True, every time the subject presented itself to my mind, my fears had become greater and greater that the opportunity would be lost. The critical* position of the peace party — whose difficulties and whose peril, as we fully know, cannot but augment with every revolving hour, until their object shall have been consummated — had seldom been absent from my thoughts; and every time it occurred to me, I became more and more deeply and anxiously impressed with the probability that, through mere delay, through the mere loss of a few weeks, all their efforts were to prove vain; that the incessant exertions, the inde- fatigable industry, and the patriotic courage on their part, by which the present state of things has been brought about, were, after all, to result in nothing; nay, in something far worse than nothing: their own entire prostration and dissolution, through flat despair and death to the sentiment of peace, in every bosom which has cherished it. Still, although this has constantly been the state of my mind on the subject, I have never, until a few hours ago, for an instant wavered from the determination expressed in my reply to your letter; never once conceived the possibility of a change in that determination. So convinced had all become, that it was fixed, be- yond the possibility of change, that all entreaties and arguments to move me had long ceased. Nevertheless, it now stands reversed. 101 [ 52 ] For good or for evil, this reversal has occurred, and has been made known in the proper quarter. I am now resolved, and committed, to carry home with me a treaty of peace, if the Mexican govern- ment feel strong enough to venture upon making one on the basis, as regards boundary, of the projet originally presented by me, modified according to the memorandum which I subsequently gave to one of the commissioners: that is to say, running'up the middle of the Rio Bravo from its mouth to the thirty-second degree of lati- tude, and thence along that parallel to the Pacific ocean; with free access to and from the ocean, through the gulf of California, from and to our possessions. If they feel able to make and carry through a treaty on this basis, it would be utterly idle to talk or to think for an instant of any other, and I cannot listen to a single word on the subject: let thera say the word, and the treaty shall be made. If they do not feel thus able, let them surrender at once to the Puros, and dismiss forever all thought of a treaty; for it is the best chance that Mexico can have for one equally favorable to her, or indeed for one which any party in this country can accept. I am fully persuaded that its terms would not, by any means, meet the views now entertained by my government. So decided is my belief , on this point, that even if I were clothed with discretionary powers to make any treaty which I deemed compatible with those views, I could not consistently with this limitation offer the terms I now propose; and I should not now make the offer "but for my clear and perfect conviction on these three points: First. That peace is still the desire of my government. Secondly. That if the present oppor- tunity be not seized at once, all chance for making a treaty at all will be lost for an indefinite period — probably forever. Thirdly. That this is the utmost point to which the Mexican government can, by any possibility, venture. It is my conviction on the second of these points particularly — a conviction which has been becoming clearer and stronger evf ry day for the last fortnight — that causes me to depart from the de- termination I had taken; a determination which, in any other posi- tion than the one wherein this most extraordinary, this altogether unprecedented combination of circumstances, places me with refer- ence to the known wishes of my government and country — places, indeed, that very country itself — it would be so obviously my duty to allow nothing to shake. In my last despatch home I represented the nature of the crisis, and recommended the immediate appoint- ment of a commission. I then hoped that this step might be taken in time. I then considered that whether it should or should not so turn out, and whatever might be the consequences of its turn- ing out otherwise, I had nothing, to do but to close my eyes to those consequences; for they had passed entirely beyond my control. I did so close my eyes, and I believed for the moment that the sub- ject was dismissed forever from my thoughts. But ever since then, the hope that the step referred to can be taken ere it will be too Jate, has been becoming fainter and fainter every day; and as it has thus waned, so have the consequences presented themselves under [52] 102 a more and more threatening and disheartening aspect, as they loomed up through the dim future in their as yet indistinct and ill- defined character, but plainly incalculable immensity. Thus has the question whxh your letter had raised in my mind, and which, on concluding my reply, I had considered as dismissed for once and all, again come up, and brought itself home to me. What is my line of duty to my government and my country, in this most extraordinary position in which I find myself? Knowing, as I do, that peace is the earnest wish of both, is it, can it be my duty to allow this last chance for peace to be lost, by my conforming to a determination of that government, taken with reference to a sup- posed state of things in this country entirely the reverse of that which actually exists? Upon full reflection, I have come to the conclusion that my duty'is, to pursue the opposite course; and upon this conclusion I have taken my stand. It remains to be seen whether the Mexican government can come up to the ma>k, and give effect to my resolve. u JYow or never' 1 '' is the word; and I need not say to you that this word is uttered in all sincerity, and with as total an absence of all diplomatic reserves behind it as ever oc- curred in the most solemn vow pronounced by man. I have had no new instructions, no hint of any kind from Washington or else- where, in or out of the United States. The case stands in this re- spect precisely as when we parted. I am, &c.j N. P. TRIST. Mr. Trist to Mr. Buchanan. [No. 28.] Head-quarters or the U. S. Army, Mexico^ February 2, 1848. •Sir: I transmit herewith the treaty of peace, friendship, limits, and settlement, signed one hour ago at the city of Guadalupe; a spot which, agreeably to the creed of this country, is the most sa- cred on earth, as being the scene of the miraculous appearance of the Virgin, for the purpose of declaring that Mexico was taken under her special protection. During the negotiation — which has been an exceedingly laborious one, and has kept me closely employed for several weeks past, during every day and night, for ,as many hours as I could possibly give to labor — I have written many notes which would serve as an explanation of the treaty in all its stipulations; and I have also written a long despatch on the subject. But it has proved impos- sible for me to find time to copy these papers, or to get them copied, for transmission. They will go some days hence with the dupli- cate of the treaty. Meanwhile, this must speak for itself. It will be delivered to you by Mr. James L. Freaner, the corres- pondent of the New Orleans Delta, who has given such celebrity to the signature of "Mustang." For a service of this kind he would be my first choice, by far, of all the men whom I have ever 103 [ 52 ] known; as he would be among the first for any service which a man may be qualified for by high integrity of character, strong, manly gpod sense, extraordinary sagacity and presence of mind, perfect fearlessness, and many other noble qualities; all united with a frame of steel, and the sinews of a mountain deer. He had made his ar- rangements for leaving this place, on his return to the United States, with the train which I had myself intended to accompany, and which set out*from hence on the 9th of December last. Aware of his great value in such a capacity, at a juncture like the present, when the loss of a single hour might be attended with consequences the most momentous, I obtained his consent to remain here, with a view to the contingency which has occurred. I consider him, there- fore, as having been in the employment of the government as a spe- cial bearer of despatches, from the 9th of December. As generous and disinterested in his disposition as he is brave and upright, he would be perfectly content with the consciousness of having been useful to our country, without any other reward; but I have told him that I should insist upon this matter being placed upon the footing just stated. With respect to the ratification of the treaty, I believe the chances to be very greatly in its favor; although it cannot be counted upon in less than two months from the date of the proclamation which will be issued by the executive, summoning the new Congress. The elections have not yet been held in the States of Vera Cruz and Puebla. In the former the Puros (war party) never had any strength whatever; and in the latter not enough to Counteract a vigorous and concerted effort on the part of the Moderados. These elec- tions will now speedily take place under the arrangements for fa- cilitating them which will be entered into in pursuance of the sec- ond article of the treaty, (inserted with a special view to this ob- ject;) and the result will, according to every probability, give to the peace party in Congress a preponderance so decided as to in- sure its prompt ratification. I am, sir, very respectfully, your obedient servant, ' ' * N. P. TRIST. Hon. James Buchanan, Secretary of State. 30th Congress, > £x [CONFIDENTIAL.] 1st Session. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, COMMUNICATING A letter from JV*. P. Trist, with authenticated maps connected with the treaty with Mexico. March 7, 1848. Read. To the Senate of the United States: I lay before the Senate a letter of the 12th of February, 1848, from N. P. Trist, together with the authenticated map of the Uni- ted Mexican States, and of the plan of the port of San Diego, re- ferred to in the fifth article of the "treaty of peace, friendship, limits and settlement between the United States of America and the Mexican republic;" which treaty was transmitted to the Senate with my message of the 22d ultimo. JAMES K. POLK. Washington, March 7, 1848. [Original received at the Department of State 6th March, 1848.] Mr. Trist to Mr. Buchanan. [No. 29.] Head-quarters, U. S. Army, Mexico, February 12, 1848. Sir: I transmit, herewith, the maps referred to in the fifth article of the treaty of peace, friendship, limits, and settlement between the United States and the Mexican republic, which was signed in quintupiicate on the 2d instant, and despatched immediately after. The duplicate of the treaty was transmitted on the 9th, together with my despatch No. 27, which had been written in the days im- mediately preceding the signature of the treaty, but which it had proved impossible for me to get copied out for transmission, or to find time for copying myself. The same remark still applies to enclosures A and B of No. 27, although it went accompanied by its enclosure C. 105 [ 52 ] I take great pleasure in stating, that the probabilities of the rati- fication of the treaty by Mexico, which were previously very good, have been becoming stronger and stronger every hour for several days past, and that there is good reason to believe that it may take place within two months from its date. In the accompanying "Monitor Republicano," of the 11th in- stant, will be found the circular of the Minister of Relations to the governors of States, informing them of the signature of the treaty. I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. 30th Congress, i [ CONFIDENTIAL. ] 1st Session. ( Ex. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, ' IN ANSWER To the resolution of the Senate of the 8th instant, in relation to the terms of 'the authority given to Mr. Trist to draw the three mil- lions of dollars. March 9, 1848. Read. To the Senate of the United States: In answer to the resolution of the Senate of this date, requesting the President " to inform the Senate of the terms of the authority given to Mr. Trist to draw for the three millions of dollars author- ized by the act of the 2d of March, 1847," I communicate herewith a report from the Secretary of State, with the accompanying docu- ments, which contain the information called for. JAMES K. POLK. Washington, March 8, 1848. Department of State, Washington, March 8, 1848. Sir: The Secretary of State, to whom was referred the resolu- tion of the Senate of this date, requesting the President to " inform the Senate of the terms of the authority given to Mr. Trist to draw for the three millions of dollars authorized by the act of the 2d of March, 1847," has the honor to lay before the President the papers specified in the subjoined list, which contain all the information upon the subject of the resolution that can be furnished by this de- partment. Respectfully submitted, JAMES BUCHANAN. To the President of the United States. 107 [ 52 ] LIST. Mr. Buchanan to Mr. Walker, 15th April, 1847. Mr. Walker to Mr. Buchanan, 15th April, 1847. Mr. Walker to Mr. Trist, 15th April, 1847. Mr. Buchanan to Mr. Walker, 23d February, 1848. Mr. Walker to Mr. Buchanan, 23d February, 1848. Mr. Walker to General Batler, 23d February, 1848. Mr. Buchanan to Mr. Walker. Department or State, Washington^ April 15, 1847. Sir: The President, as you are aware, has appointed Nicholas P. Trist, esquire, commissioner to conclude a treaty of peace with Mexico, who will immediately proceed upon his mission. As it may become necessary for him whilst abroad to draw upon the treasury, in favor of the Mexican government, for the whole or a part of the sum of three millions of dollars appropriated by the act of Congress approved March 3, 1847, entitled "An act making fur- ther appropriation to bring the existing war with Mexico to a speedy and honorable conclusion," I deem it expedient that he should carry with him some testimonial from yourself, to show that his draft will be honored. I would thank you, therefore, to pre- pare and transmit to me such a testimonial. Yours, very respectfully, JAMES BUCHANAN Hon. Robert J. Walker, Secretary of the Treasury. Mr. Walker to Mr. Buchanan. Treasury Department, April 15, 1847. Sir: I have the honor to acknowledge the receipt of your com- munication of .this date; and, in compliance with your request, the testimonial from this department for Mr. Trist, desired by you, is herewith transmitted. Yours, very respectfully, R. J. WALKER, Secretary of the Treasury. Hon. James Buchanan, Secretary of'State. [52] 108 Mr Walk* to Mr, hist. TREASti uv D&P m; imknt, Wi i 1847. Siu: In the event of yoilr concluding i treaty of peace and limits with the government of Mexico, in conformity with your instruc- tions of this date from the Hon. James Buchanan, Secretary of State of the United States of America, and the ratification of such treaty by the government o Mexico, you are authorised to draw upon the S retary of the Treasury of the United States of America for any sum not exceeding three millions of dollars, to be paid under your instructions aforesaid, given in pursuance of the provisions o( the act of Congress of the 3d March, iSiT, entitled "An act making further appropriation to bring the existing war with Mexico to a speedy ami honorable conclusion." Very respectfully, your obedient servant, SttloJ ( -...v i K. J. W A.LKER, Depwtmwi s jj tc , iswry* Nu-uoi vs F Trist, Esq., Coi fc. Walker. Department of State. W ■ ,: -: 23, IS IS. Sir: On the 15th April last, upon my request, you furnished Nich- olas P. Tris . esqui e, the late commissioner to Mexico, an author- ity to draw upon you for three millions of dollars, in pursuance of the provisions of the act of Congress of 3d March, IS 17, entitled " An act making further appropriation to bring the existing war with Mexico to a speedy and honorable conclusion." As Mr. Trist has been recalled from his mission, and consequently his power has ceased to draw any Such draft, 1 respectfully request that you would confer a similar authority upon Major General William O. Butler to draw upon the treasury of the United States for the sum of three millions of dollars, in pursuance oi the provisions of said act. Tours, vcv;. 5] '.fully. Hon. Robert .' . Walker, sv. JAMES BUCHANAN. Mr, Wei T B E A S V K V P V" P A R r M V N I . Fei 83, 1848, Sir: I have the honor to acknowledge the receipt of your com- munication oi this d d, in compliance with your request, the 109 { [52] monial from thi§ department for Genera] William O. ii «j t. J e r , ■ ed by you, 11 herewith tram m itted Yours, rei v respectfully, a. J. WALKER. Hon. James Bi - Secretary of Slat a. Mr. Walket to General Butler. Tbi Di srij Washington City, February 23, I Sii<: Upon the ratification of a treaty of peace bytt >lieof Mexico, m conformity with the pro of the act of the Con- gress of the United States of America, approved March 3, L847, en- titled "An act making furthei appropriation to bring I ing war with Mexico t< dy and honorable conclusion," you are authorized u > draw on this dep: foi any sum not exceeding three millions of dollars, to be paid in pursuance of the provision of said act. Very respectfully, your obedienl s< [l, s.j R. J. WALKER, » V e c r e tf a r y '(/ I h ^ 7 V e a ; u r y , To Major General William O. Butleb.. 30th Congress, ) ^ x [CONFIDENTIAL.] 1st Session. \ MESSAGE FEOM THE PRESIDENT OF THE UNITED STATES, COMMUNICATING Certain correspondence of JV\ P. Trist and General Scott, relative to affairs with Mexico, in answer to the resolution of the Senate of the 28th of February, 1848. February 29, 1848. Read, and with the documents ordered to be printed in confidence for the use of the Senate. [confidential.] To the Senate of the United States: In compliance with the resolution of the Senate, passed in " ex- ecutive session" on yesterday, requesting the President " to com- municate to the Senate in confidence the entire correspondence be- tween Mr. Trist and the Mexican commissioners, from the time of his arrival in Mexico until the time of the negotiation of the treaty submitted to the Senate; and also the entire correspondence between Mr. Trist and the Secretary of State, in relation to his negotiations with the Mexican commissioners; also, all the correspondence be- tween General Scott and the government, and between General Scott and Mr. Trist, since the arrival of Mr. Trist in Mexico, which may be in the possession of the government," I transmit herewith the correspondence called for. These documents are very voluminous, and presuming that the Senate desired them in refer- ence to early action on the treaty with Mexico, submitted to the consideration of that body by my message of the 22d instant, the originals of several of the letters of Mr. Trist are herewith com- municated, in order to save the time which would necessarily be required to make copies of them. These original letters it is re- quested may be returned when the Senate shall have no further use for them. The letters of Mr. Trist to the Secretary of State, and especially such of them as bear date subsequent to the receipt by him of his letter of recall as commissioner, it will be perceived, contain much matter that is impertinent, irrelevant, and highly exceptionable. Four of these letters, bearing date respectively the 29th December, Ill [ 52 ] 1847, January 12, January 22, and January 25, 1848, have been re- ceived since the treaty was submitted to the Senate. In the latter, it is stated that the Mexican commissioners who signed the treaty derived "their full powers bearing date on the 30th December, 1847, from the President ad interim of the republic, (General Anaya,) constitutionally elected to that office in November by the sovereign constituent Congress" of Mexico. It is impossible that I can ap- prove the conduct of Mr. Trist in disobeying the positive orders of his government, contained in 'the letter recalling him, or do other- wise than condemn much of the matter with which he has chosen to encumber his voluminous correspondence. Though all of his acts, since his recall, might have been disavowed by his govern- ment, yet Mexico can take no such exception. The treaty which the Mexican commissioners have negotiated with him, with a full knowledge on their part that he had been recalled from his mis- sion is binding on Mexico. Looking at the actual condition of Mexico, and believing that, if the present treaty be rejected, the war will probably be continued, at great expense of life and treasure, for an indefinite period, and considering that the terms, with the exceptions mentioned in my message of the 22d instant, conformed substantially, so far as re- lates to the main question of boundary, to those authorized by me in April last, I considered it to be my solemn duty to the country, uninfluenced by the exceptionable conduct of Mr. Trist, to submit the treaty to the Senate, with a recommendation that it be ratified with the modifications suggested. Nothing contained in the letters received from Mr. Trist since it was submitted to the Senate has changed my opinion on the subject. The resolution also calls for " all the correspondence between Gen- eral Scott and the government since the arrival of Mr. Trist in Mex- ico." A portion of that correspondence, relating to Mr. Trist and his mission, accompanies this communication. The remainder of the "correspondence between General Scott and the government" relates mainly, if not exclusively, to military operations. A part of it was communicated to Congress with my annual message, and the whole of it will be sent to the Senate if it shall be desired by that body. As coming within the purview of the resolution, I also commu- nicate copies of the letters of the Secretary of War to Major Gen- eral Butler, in reference to Mr. Trist's remaining at the head- quarters of the army in the assumed exercise of his powers of commissioner. JAMES K. POLK. Washington, February 29, 1848. Department of State, Washington , February 29, 1848. Sir: I herewith transmit to you the originals of all the despatches which have ever been received at the department from Mr. Trist, [ 52 ] 112 since he was appointed commissioner to Mexico. They were too voluminous to have copies made in any reasonable time. I also transmit you copies of all the despatches which I ever transmitted to Mr. Trist since his appointment, except of those which were submitted by you to the Senate with the treaty, and which have already been printed in confidence. I ought, perhaps, to make an- other exception of a letter of mine to him, dated on the 21st Decem- ber last, making an inquiry of him which has not yet been answered, which, until it shall be answered, ought not, in justice to him, to be communicated. That inquiry, as you know, has no relation to the treaty. Yours, very respectfully, JAMES BUCHANAN. To the President of the United States. Mr. Buchanan to Mr. Trist. [No. 2] Department or State, Washington, June 14, 1847. Sir: Your despatch of the 21st ultimo, which you have numbered 4, was received on the 3d instant. None of a later date from you has yet come to hand. The original letter from General Scott to yourself, dated at Ja- lapa, May 7, 1847, which you have transmitted with your despatch, is certainly of a most extraordinary character. It was well calcu- lated to wound your feelings and excite your indignation. This letter, surely, never would have beenwritten had he awaited your arrival at his headquarters, and read the instructions and the projet of a treaty with Mexico, which you were authorized to communicate to him confidentially. The perusal of these documents must have put to flight the unfounded suspicions in regard to your mission which seem to have preoccupied his mind and influenced his con- duct. You were intrusted with no further agency in regard to my com- munication of the 15th April last, addressed to the Mexican minis- ter for foreign relations, after it was placed in the hands of Gene- ral Scott. Your whole duty respecting it was then performed. If he has either refused or neglected to transmit that important docu- ment to the minister to whom it was directed, and thus violated a military order of the President, issued to him through the Depart- ment of War, he has incurred a heavy responsibility; but for this he is neither answerable to the Department of State nor the com- missioner to Mexico. The question belongs exclusively to the mili- tary branch of the government. You might safely have relied upon the government here for the vindication of your character and conduct. Indeed, General Scott's letter to you had, upon its face, placed him so clearly in the wrong, that no commentary upon it, however able, which you may have written, can hive mode the case plainer. Some days before the 113 [ 52 ] arrival of your despatch, the War Department had received a des- patch from the general enclosing a copy of his letter to you; and a judicious and appropriate answer, dated on the 31st of May, was returned to him by the Secretary of War. Whilst our armies are in the country of the enemy, and our min- ister of peace is at the head-quarters of the commanding general, this is no time for personal altercations between them, if these can possibly be avoided. Under such circumstances, the greater the sacrifice of private griefs, however well founded, which you may make upon the altar of your country, the more will this redound to your honor hereafter. You have been despatched to Mexico by your government as a minister of peace; and to accomplish the great object of your mission, a hearty co-operation between the general and yourself may be indispensable. Under these considerations I am directed by the President, in case amicable relations shall not in the meantime have been restored, to instruct you to call upon General Scott and offer to communicate to him, confidentially, the instructions and the projet of a treaty with which you have been intrusted, and to report to this department without delay the cir- cumstances and result of your interview. Governor Marcy has again written to General Scott by the mes- senger who will bear you this despatch. Enclosed I transmit you a copy of the orders issued on the 11th instant, by the President, to the Secretaries of War and of the Navy, upon the report of the Secretary of the Treasury of the day pre- ceding, in relation to the Mexican tariff. From these you will perceive it has been announced to the world that the government intend to provide, by the treaty with Mexico, that goods imported into any of the ports of that country whilst in our military posses- sion, shall be exempt from any new import duty or charge after the conclusion of peace. This will render it necessary for you to insist upon the insertion of the ninth article of the projet of the treaty. Indeed, you may consider this as a sine qua non. : Yours, very respectfully, JAMES BUCHANAN. N. P. Trist, #c, #c, Sfc. Mr. Buchanan to Mr. Trist. ' [No. 3.] Department of State, Washington, July 13, 1847. \ Sir: A duplicate of your No. 4, dated 21st of May, 1847, to- gether with a copy of the first ten pages of your letter to General Scott of the 9th of May, and of your letter to him of the 20th of May, was received at the department on the 28th ultimo. Your No. 6, of the 3d of June, 1847, was also received on the 29th ulti- mo; but your No. 5, (if indeed there be such a number) has not yet come to hand. It is much to* be regretted that you could not have 8 [ 52 ] 114 found time to prepare and transmit copies of your letters to General Scott of the 9th and20th of May, with the original of your despatch, No. 4. In that event they would h*ve been received nearly a month earlier; and even now we have only a part of your letter to him of the 9th of May. General Scott's answer to these letters, dated at Pueblo on the 29th of May, has been received at the War Depart- ment, from which I have obtained a copy. These documents have produced feelings of deep mortification and disappointment in the mind of the President. It is lamentable to reflect that the restoration of p. ace may have been defeated or delayed by a violent and embittered personal quarrel between two functionaries of the government in the enemy's country, and whilst the war is raging. You do not seem sufficiently to have reflected that you were en- trusted with no power whatever over the disposition of my communi- cation of the 15th of April last, to the Mexican minister for foreign affairs, except that of a mere bearer of despatches. After it had reached the hands of General Scott, your agency in regard to it should have terminated, and ought never to have been resumed. His refusal or omission to forward that communication to the place of its destination, in obedience to the military order of the Presi- dent through the Secretary of War, was a question in no manner connected with your mission. It was therefore, with regret that the President discovered from your letter to the general of the 20th of May, that you had consented to take back this communicatioji from his possession, and to assume a discretion which had not been delegated, in regard to the appropriate time for forwarding it to the Mexican minister for foreign affairs. You say to the general that, "so soon as I shall be enabled to ascertain that the condition of the government of this country is such as to admitof its delivery, it will be again placed in the hands of the general-in-chief of our forces for that purpose." You have thus done much to relieve General Scott from the re- sponsibility of disobeying the order communicated to him through the Secretary of War; and have, in effect, without any authority, undertaken to decide that it was not proper, under existing circum- stances, to transmit my letter to the Mexican minister for foreign affairs. In this decision the President cannot concur. That letter "was an answer to the letter of Mr. Monasterio to myself, dated on the 22d of February last, and was required, not only by courtesy, but the highest public considerations. Its immediate delivery to the Mexican minister for foreign affairs could have done no possi- ble harm, and might have been productive of much positive good. Indeed, had it reached its destination soon after the victory of Cerro Gordo, from the state of public feeling then existing in the city of Mexico, it might and probably would have been productive of the happiest consequences. But, whether or not, the time of its de- livery was a question not left to your discretion. The greatest pains were taken, in framing your instructions, to prevent all possible interference on your part with the appropxiate military duties of General Scott. It was partly to convince him of 115 [ 52 ] this fact that you were authorized to exhibit these instructions to him, together with the projet of the treaty. Your authority, so far as he was concerned, was limited to the single point of giving him notice that the contingency had occurred, to wit, the ratification of the treaty by the Mexican government, " on the happening of which, as provided by the third article, hostilities are required to be sus- pended." The ratification of such a treaty by Mexico, according to the spirit of the act of Congress of the 3d of March, 1847, ^'making further appropriation to bring the existing war with Mexi- co to a Speedy and honorable conclusion," was to be the signal for the termination of hostilities. As the negotiator of the treaty, from his position, must necessarily be first informed of this event, he was required "without delay to communicate the fact to the comman- ders of our land and naval forces respectively." All the rest was left to the instructions issued by the Secretaries of War and of the Navy to our military and naval commanders. Up to this last mo- ment your duties were wholly unconnected with General Scott, and then they were limited to a mere official communication, that the Mexican government had concluded and ratified a treaty of peace with the United States. Under these circumstances, it was with deep regret that the Pre- sident learned, from your letter to the general of the 20th of May, that you had undertaken, in his name, to become the medium of giving to that officer an order in advance, to be executed when you should think proper again to deliver into his hands my communica- tion to the Mexican minister for foreign affairs; and, to enforce obedience to this order, you declare that, for this special purpose, you stand in precisely the same relation to the President that one of his aids-de-camp bears to himself, when entrusted with a verbal order from him to his subordinate officer. It is a most disagreeable task thus to criticise your conduct. General Scott, by his letter to you of the 7th of May last, had placed himself clearly in the wrong. Whether any pretext existed for writing such a letter — justification he could have had none — can only appear from your letter to him of the 6th of May, to which his was a response. It is therefore much to be regretted that you have kept no copy of this letter, which has now become so important, and the general has not furnished the War Department with a copy. I purposely forbear to express any opinion of your reply to Gen. Scott of the 9th of May, until I shall have an entire copy of it before me; and his rejoinder to you of the 29th of May, I leave in the hands of the Secretary of War, to whom he is directly respon- sible. Your mission was a mere precautionary measure. In the then existing relations between the two countries the President could not have appointed public commissioners to treat with Mexico, because it was morally certain they would not be received. At the same time it was foreseen that in the progress of our arms a favorable juncture might occur for the conclusion of a treaty, which, if not seized at the moment, might not again speedily return. The Pre- sident would have been inexcusable had he not provided for such [52] 116 a contingency. For this purpose you were employed as a confiden- tial agent, to proceed to the head-quarters of the army with the projet of a treaty already prepared; and in case the Mexican govern- ment should refuse to conclude this treaty, you were authorized to make the necessary preliminary arrangements for the meeting of commissioners. It was almost essential to the success of your mis- sion, that you should cultivate a good understanding with the com- mander-in-chief of the army. It was, therefore, unfortunate that you had not in person delivered to him the despatches with which you were entrusted, and at the same time made him fully acquainted with the character and objects of your mission, as well as with the nature of my communication to the Mexican minister of foreign affairs. For these reasons, therefore, although the letter of General Scott was well calculated to irritate your feelings and excite your indignation, you would have best performed your duty to your country had you stifled your resentment, and entrusted your vindi- cation to the Secretary of War, acting under the order of the Pre- sident. Indeed, for this purpose the letter required no studied reply. It is on its face the production of unfounded jealousy, which the author's own sober reflection, if left to itself, would most probably have corrected. The President trusts that ere this, in obedience to my instructions of the 14th ultimo, (of which I now transmit you a duplicate,) you have called upon General Scott and communicated to him the instructions and projet of a treaty with which you have been entrusted, and that even if friendly relations have not been restored, neither you nor he will suffer your personal feud to defeat or to delay the conclusion of a treaty of peace with Mexico. According to the suggestion in your despatch No. 6, you are au- thorized to modify the boundary contained in your instructions so as to make it read, " up the middle of the Rio Grande to the thirty- second degree of north latitude;, thence due west to a point due south of the south-western angle of New Mexico; thence due north to the said angle; thence northward along the western line of New Mexico," &c, &c, &c. This modification, which would embrace the Paso del Norte within the limits of the United States, is deemed important; still you are not to consider it as a sine qua non, nor suffer it to delay the conclusion of a treaty. I would suggest another and more important modification of the line: and this is, to run it along the thirty-second parallel of north latitude, from the Rio Grande to the middle of the gulf of Califor- nia, and thence down the middle of the gulf to the Pacific ocean; or, if this cannot be obtained, to run it due west from the south- west angle of New Mexico to the middle of the gulf. Either of these line's would include within our limits the whole course of the Gila. From information derived from Major Emory, the valley of that river presents a favorable route for a railroad to the Pacific; "but this would sometimes, pass on the one side and sometimes on the other of the bed of the stream. For this reason it is deemed important that the whole valley of that river should be included within the boundary of the United States. You are therefore au- 117 [ 52 ] tborized and instructed to make the first, or, if this cannot be ob- tained, the second modification above suggested, in the line; but still with the understanding that neither of these two changes is to be considered as a sine qua non, nor is it to delay the conclusion of a treaty. In case Lower California cannot be obtained, then the line might be run on the parallel of thirty-two degrees, or due west from the southwest corner of New Mexico to the Pacific ocean. If the latter line should be adopted, care must be taken that San Miguel shall be included within our limits. Yours, very respectfully, JAMES BUCHANAN. To N. P. Trist, Esq., #c, #c, fyc. Mr. Buchanan to Mr. Trist. [No. 4.] , Department of State, Washington, July 19, 1847. Sir: I enclose you a duplicate of my despatch No. 3, of the 13th instant. The more I reflect upon the subject, the better am I convinced of the importance of running the boundary line between the Rio Grande and the gulf of California along the thirty-second parallel of north latitude. We cannot learn that the boundaries of New Mexico have ever been authoritatively and specifically determined; and difficulties might hereafter arise between the two governments in ascertaining where the south-western angle of New Mexico is situated. A conversation with Major Emory since the date of my last despatch has convinced me still more of the importance of this modification. You will, therefore, in the copy of the projet of a treaty which you are instructed to present to the Mexican plenipotentiary, if this be not too late, substitute the following instead of the fourth article: Article 4. — The boundary line between the two republics shall commence in the gulf of Mexico, three leagues from the land, oppo- site the mouth of the Rio Grande; from thence up the middle of that river to the thirty-second parallel of north latitude; from thence due west along this parallel of latitude to the middle of the gulf of California; thence down the middle of the same to the Pacific ocean. It is not intended that you shall make the parallel of 32°, instead of the river Gila, a sine qua non; but yet it is deemed of great im* portance that you should obtain this modification, if it be practi- cable. If Lower California cannot be obtained, then the line on the par- allel of 32 Q might be extended to the Pacific ocean; taking care, in that event, to secure to our citizens, in accordance with your ori- ginal instructions, "in all time to come, a free and uninterrupted [52] 118 access to and from the ocean through the gulf of California, from and to their possessions north of the said division line." Major Emory, whilst in California, has accurately ascertained the latitude of two important noints in that country. v The latitude of the town of San Diego is 32° 44' 59". The harbor is some miles south of the town. The latitude of the mouth of the Gila, where it empties into the Colorado, is 32° 43'. Your interesting and important despatch, No. 7, of the 13th June, was received at the department on the 15th instant. Although it had not been in the contemplation of the President to invoke the aid of the British minister in Mexico, for the purpose of forward- ing my communication to the Mexican minister for foreign affairs, yet the necessity of the case, under all the circumstances, consti- tutes a sufficient justification for your conduct. Indeed, it does not seem that you had any other mode of transmitting it, after the re- fusal of General Scott to perform this duty, in obedience to the order of the Secretary of War. The Secretary of War received last night an extra from the ll Re- publicano," of the date of 28th June, containing the letter of the Mexican minister for foreign affairs to the secretaries of the con- gress, my letter to that minister, and his answer. Your despatch No. 5, if such an one existed, has not yet reached the department. Yours, very respectfully, JAMES BUCHANAN. To N. P. Trist, Esq. War Department, Washington, February 29, 1848. Sir: I herewith transmit to you all the correspondence between Major General Scott and this department which has any relation to Mr. Trist's mission to Mexico as a commissioner, to his proceedings there, and to his recall; and also, three Jetters to Major General Butler on the same subject. I have the honor to be, with great respect, your obedient servant, W. L. MARCY, Secretary of War. To the President of the United States. [confidential.] War Department, Washington, Jipril 14, 1847. Sir: The signal successes which have attended our military ope- rations since the commencement of the present war, would seem to justify the expectation that Mexico will be disposed to offer fair terms of accommodation. With a view to a result so desira- ble, the President has commissioned Nicholas P. Trist, esq., of the State Department, to proceed to your head-quarters, or to the 119 [ 52 ] squadron, as to him may seem most convenient, and be in readiness to receive any proposals which the enemy may see fit to make for the restoration of peace. Mr. Trist is clothed with such diplomatic powers as will author- ize him to enter into -arrangements with the government of Mex- ico for the suspension of hostilities. Should he make known to you, in writing, that the contingency has occurred in consequence of which the President is willing that further active military ope- rations should cease, you will regard such notice as a direction from the President to suspend them until further orders from the department, unless continued or recommenced by the enemy; but in so doing you will not retire from any place you may occupy, or abstain from any change of position which you may deem necessary to the health or safety of the troops under your command; unless, on consultation with Mr. Trist, a change in the position of your forces should be deemed necessary to the success of the negotiation for peace. Until hostilities, as herein proposed, shall be intermit- ted, you will continue to carry on your operations with energy, and push your advantages as far as your means will enable you to do. Mr. Trist is also the bearer of a despatch to the secretary of for- eign affairs of the government of Mexico, in reply to one addressed to the Secretary of State here. You will transmit that despatch to the commander of the Mexican forces, with a request that it may be laid before his government, at the same time giving information that Mr. Trist, an officer from our department for foreign affairs, next in rank to its chief, is at your head-quarters, or on board the squadron, as the case may be. You will afford Mr. Trist all the accommodation and facilities in your power, to enable him to accomplish the objects of his mission. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War. Major General Winfield Scott, Commanding U. S. Army^ Mexico. P. S. — Should a suspension of hostilities take place, you will lose no time in communicating the fact to Major General Taylor. [No. 27. J Head-quarters of the Army, Jalapa, May 7, 1847. Sir: I have just received from Mr. Trist, chief clerk of the De- partment of State, a letter dated yesterday, at Vera Cruz, with which he has sent me two from you dated the 12th, and a third the 14th ultimo. I enclose herewith a copy of my reply to Mr. Trist, and send one of your letters of the 12th — that relating to the custom-houses of Mexico — to Colonel Wilson, commanding at Vera Cruz, with in- structions that he send a copy to Colonel Gates, commanding at [52] 120 Tampico, in order that your instructions relative to the collection of duties at the two ports may be duly executed. I am too distant from the coast, and too much occupied with the business of the campaign, to charge myself with the execution of that letter. I have the honor to remain, sir, with respect, your most obedient servant, WINFIELD SCOTT. Hon. W. L. Marcy, Secretary of War. Head-quarters of the Army, Jalapa, May 7, 1847. Sir: I have just received your note of yesterday, accompanied by communications to me from the Secretary of War, and one (sealed!) from the Department of State to the minister of foreign affairs of the republic of Mexico. You are right in doubting whether there be a government, even de facto, in this republic. General Santa Anna, the nominal presi- dent, has been, until within a day or two, in the neighborhood of Oriziba, organizing bands of rancheros, banditti, or guerillas, to cut off stragglers of this army, and, probably, the very train, all im- portant to us, which you propose to accompany into the interior; the safety of which train has detained me here and caused me a high degree of solicitude. Hence I regret that Colonel Wilson, commanding at Vera Cruz, has allowed himself, a second time, to be persuaded to detach, to bring up despatches, (for your accommo- dation,) a material portion of the force I had relied upon as the escort of that train. The other detachment to which I allude came up some days ago to escort Lieutenant Semmes, of the navy, duly accredited by Commodore Perry, to the Mexican minister of for- eign affairs, to negotiate the exchange of Passed Midshipman Rogers, now a prisoner of war. That matter, also, seems to have been considered too important to be entrusted to my agency! But, to return to the actual government of Mexico. Senor An- aya is, I believe, president, ad interim. But you may have learned that the Congress, after hearing of the affair of Cerro Gordo, passed many violent decrees, breathing war, to the uttermost, against the United States; declaring that the executive has no power, and shall have none, to conclude a treaty, or even an armistice, with the United States, and denouncing as a traitor any Mexican func- tionary who shall entertain either proposition. I have communicated a copy of those decrees to the War Department, and, until further orders thereupon, or until a change of circumstances, I very much doubt w r hether I can so far commit the honor of my government as to take any direct agency in forwarding the sealed despatch you have sent me from the Secretary of State of the United States. On this delicate point, however, you will do as you please; and when, if able, I shall have advanced near to the capital, I may, at 121 [ 52 ] your instance, lend an escort to your flag of truce; and it may re- quire a large fighting detachment to protect even a flag of truce against the rancheros and banditti who now infest the national road, all the way up to the capital. I see that the Secretary of War proposes to degrade me, by re- quiring that I, the commander of this army, shall defer to you, the chief clerk of the Department of State, the question of continuing or discontinuing hostilities. I beg to say to him and to you, that here, in the heart of a hostile country, from which, after a few weeks, it would be impossible to withdraw this army without a loss, probably, of half its numbers by the vomito, which army, from necessity, must soon become a self-sustaining machine, cutoff from all supplies and reinforcements from home until, perhaps, late in November — not to speak of the bad faith of the government and people of Mexico — I say, in re- ference to those critical circumstances, this army must take military security for its own safety. Hence, the question of an armistice or no armistice is, most peculiarly, a military question, appertaining, of necessity, s if not of universal right, in the absence of direct in- structions, to the commander of the invading forces; consequently, if you are not clothed with military rank over me, as well as with diplomatic functions, 1 shall demand, under the peculiar circum- stances, that, in your negotiations, if the enemy should entertain your overtures, you refer that question to me, and all the securities belonging to it. The safety of this army demands no less, and I am responsible for that safety, until duly superseded or recalled. Indeed, from the nature of the case, if the enemy, on your petition, should be willing to concede an armistice,' he would, no doubt, demand the military guaranty of my signature, for his own safety. ' Should you, under the exposition of circumstances I have given, visit the moveable head-quarters of this army, I shall receive you with the respect due to a functionary of my government; but whether you would find me here, at Pe.rote, Puebla, or elsewhere, depends on events changeable at every moment. The sealed despatch from the Department of State I suppose you to desire me to hold until your arrival, or until I shall hear farther from you. I remain, sir, respectfully, your obedient servant, WINFIELD SCOTT. N. P. Trist, Esq., £c, #c, #c. War Department, May 31, 1847. Sir: I have received your letter of the 6th instant, with copies of instructions to Generals Worth and Quitman, and Colonel Wilson. By these I learn that the volunteers whose term of service is lim- ited to twelve months are on their return home. They have been discharged at an earlier period than was anticipated. The addi- tional troops for your column will soon be with it in sufficient num.- [ 52 ] 122 i bers to supply, and more than supply, the place of the discharged volunteers. The reason for a temporary diversion of a part of these troops, of which you complain, has been explained, and I trust in a sat- isfactory manner, in a former communication from this department. I am gratified by the intelligence of your extended progress into the enemy's country, and hope that your successful operations will accelerate the conclusion of a peace. • Your course hitherto, in relation to prisoners of war, both men and officers, in discharging them on parole, has been liberal and kind; but whether it ought to be still longer continued, or in some respects changed, has been under the consideration of the Presi- dent, and he has directed me to communicate to you his views on the subject. He is not unaware of the great embarrassment their detention, or the sending of them to the United States, would oc- casion; but so far as relates to the officers, he thinks they should be detained until duly exchanged. In that case, it will probably be found expedient to send them, or most of them, to the United States. You will not, therefore, except for special reasons in par- ticular cases, discharge the officers who may be taken prisoners, but detain them with you, or send them to the United States, a& you shall deem most expedient. It is an unpleasant duty to advert, as I feel constrained to do, to your letter of the 7th instant, and more particularly to the copy of one of the same date, therewith enclosed, addressed by you to Mr. Trist. With me it is a matter of sincere regret that a letter of such an extraordinary character was sent to that gen- tleman; and I cannot doubt it will be' no less regretted by your- self on more reflection and better information. Such information you would have received had Mr. Trist delivered in person, as I did not doubt he would, my letter to you of the 14th instant, [ultimo,] with the despatch from the State Department to the Mexican Min- ister of Foreign Relations. My letter should have secured you from the strange mistake into which you have fallen, by regarding him as the bearer of that despatch to the Mexican government, and yourself called on to aid in transmitting it. Had such been the true state of the case, I cannot perceive that you would have had any just ground of complaint, or any sufficient excuse for with- holding the assistance required; but by looking at my letter you will discover your misapprehension. Mr. Trist was the bearer of that despatch to yourself — not to the Mexican government — and when he had delivered it into your hands his agency ceased; he had no discretion or judgment to exercise in regard to sending on or withholding it. This was a matter committed solely to your- self. I refer to the language of my letter, to show the entire correctness of this view of the subject: "You will transmit that despatch to the commander of the Mexican forces, with a request that it may be laid before his government, at the same time giv- ing information that Mr. Trist, an officer from our department for foreign affairs, next in rank to its chief, is at your head-quarters, or on board the squadron, as the case may be." This is a posi- 123 [ 52 ] tive instruction to yourself to send that despatch forward; and it is expected you will have acted up">n it without waiting for the arrival of Mr. Trist at your head-quarters, if thereby any unneces- sary delay was likely to result. If you infer that the succeeding sentence in ray letter controlled, or in any manner qualified, the President's order in regard to for- warding that despatch, you have been led into an error. Mr. Trist was directed to exhibit to you not only his instructions, but the projet of a treaty with which he had been furnished by his gov- ernment. These documents would have fully disclosed to you "the object of his mission," for the accomplishment of which you were requested to afford facilities. None of these objects had re- lation to the transmission of the despatch in question. You have marked with a note of admiration the fact that the despatch was sealed. True, it was sealed; but the bearer who was charged with the delivery of it to you had a copy; and had he handed that despatch in person to you, as it was expected he would do, he would no doubt have exhibited that copy to your inspection. A still more serious misconception has seized your mind in re- gard to an armistice. Before this time it is quite probable you will have read the instructions to the commissioner, whom you see fit to denominate " the chief clerk of the State Department;" and I trust that a knowledge of what they contain has dissipated all your distressing apprehensions of being degraded by me. My letter informed you that Mr. Trist was " clothed with diplomatic powers," and his instructions and the projet of a treaty which he carried with him have ere this apprized you that he is a commis- sioner, with full power to negotiate a peace. The treaty which he was authorized to conclude contains an article, as you will have perceived, which provides for a suspension of hostilities, but not until the treaty shall have been ratified by the Mexican gov- ernment. Neither the considerations of humanity, nor sound policy, would justify the continuance of active military operations after a treaty of peace had been concluded and ratified on the part of Mexico, until the information of that fact could be communicated from Mexico to this place, and an order for the suspension of hostilities hence transmitted to the commanding general in that country. It will not be questioned that a commissioner of peace may be properly vested with the power of agreeing to a suspen- sion of hostilities in a definitive treaty, negotiated and already ratified by one party, while waiting the ratification of the other. As the negotiator is the first to know the fact that a treaty has been concluded and so ratified, it is beyond dispute, proper that he should be directed to communicate the knowledge of that fact to the commanding general; and it cannot, in my view of the case, be derogatory to that officer to be placed under instructions to act with reference to that fact, when duly notified of it by the com- missioner. The case cannot be made plainer, or your misappre- hensions in regard to it more clearly pointed out, than by simply stating it as it must* exist, if the contingency should fortunately [52] 124 happen on which you will be required to suspend hostilities. A commissioner of peace is sent by the President to your head-quar- ters, and he makes known to yo:i his authority to receive from Mexico offers for concluding a peace. You are informed, by his instructions and the projet of a treaty which he is required to ex- hibit to you, that on the conclusion and ratification of a treaty of peace by Mexico, hostilities immediately thereafter are to cease. With all these facts fully made known to you in advance, you are directed by the President to suspend hostilities on receiving writ- ten notice from the commissioner that the contingency — the con- clusion and ratification of a treaty of peace by Mexico — has hap- pened. Under these circumstances, can you conceive that, as com- manding general of the force in Mexico, you have the right to raise a question upon your duty to obey this direction, coming, as it does, through a proper channel, from your superior — the com- mander-in-chief? In my opinion, you could not have wandered further from the true view of the case, than by supposing that the President or myself has placed you in the condition of deferring "to the chief clerk of the Department of State the question of continuing or discontinuing hostilities." I cannot conceive that any well-founded exception can be taken .to the order you have received in relation to suspending hostilities; and I am fully per- suaded that if the contingency requiring you to act upon it shall ever occur, you will promptly carry it into full effect. I am, very respectfully, your obedient servant, W. L. MARCY, Secretary of War. Major General Winfield Scott, Commanding U. S. Army, Mexico. [No. 28.] Head-quarters of the Army, Jalapa, May 20, 1847. Sir: Less than half the train, and less than a third of the sup- plies, expected up about the 14th instant, at the date of my report No. 26, arrived. The quartermaster at Vera Cruz had over-es- timated his number of wagons and animals, and the latter were found too feeble to transport full loads through the heat and sands of the low country. No money came by that train to the quarter- master or commissary, as none had arrived for either, at Vera Cruz, from New Orleans. The paymaster here received about two hun- dred and eighty thousand dollars — the half of his estimate for Jan- uary, February, March, and April. If it be expected, at Washington, as is now apprehended, that this army is to support itself by forced contributions levied upon the country, we may ruin and exasperate the inhabitants, and starve ourselves; for it is certain they would sooner remove or destroy the products of their farms, than allow them to fall into our hands without compensation. Not a ration for man or horse would be brought in, except by the bayonet, which would oblige the troops 125 [ 52 ] to spread themselves out many leagues to the right and left, in search of subsistence, and to stop all military operations. Of money, there is but little in any part of the country, except in the hands of foreign miners and merchants, intended for ex- portation. None has come down as low as Jalapa, since we in- vested Vera Cruz; but we suppose that at Puebla, and beyond, we shall be able to sell drafts on the United States readily at par, or perhaps at a premium. I know nothing of the receipts at the custom-houses of Vera Cruz, Tampico, &c. Probably they are but inconsiderable; but, if great, we could not, after this date, and when further advanced, •draw upon them for the uses of this army. Another train of wagons (one hundred and seventy) is just en- tering this city from Vera Cruz, under the escort of Captain Walker and Ruff's riflemen. If it has a second third of the es- sential supplies now long waited for — medicines, ammunition clothing, salt, &c. — I shall advance, having lost the hope of re- ceiving further reinforcements, except some nine hundred recruits for the old regiments of this army, of which we have notice from the adjutant general at Washington. I shall send down, by conva- lescent officers and men principally belonging to the discharged volunteer regiments, a small train of wagons to meet these recruits and to be added to any new means of transportation the quarter- master may have at Vera Cruz. When they come up, we shall lose, for months, all connexion with that depot. I shall leave in garrison here the 1st artillery (five companies) serving as infantry, one troop of horse, the whole of the 2d Penn- sylvania, and three companies of the 1st Pennsylvania regiments. Brevet Colonel Childs is designated as the governor and comman- der of the place. The garrison of the castle of Perote will continue as at present* a detachment of artillerists to serve the batteries, a troop of horse and seven companies of the 1st Pennsylvania ^volunteers- with Colonel Wynkoop, of the latter, as governor and commander. Worth's and Quitman's divisions entered Puebla the 15th instant, Santa Anna, from Orizaba, preceded them a short time, and has it is said, taken up a defensive position near Rio Frio, equidistant (14 leagues) from Puebla and the capital, with a force (variously reported) of from two thousand to four thousand men. If he stand, we shall assault him, with confidence, no matter what may be his numbers. The advance at Puebla has instructions, as I have heretofore reported, to wait there for the arrival of the reserve, (Twigg's division,) or until further orders. I find that the train just in has brought up but a small part of the ammunition needed. Nevertheless, we shall advance without further delay. I enclose herewith copies, in English and Spanish, of a procla- mation I was induced to issue on the 11th instant. It was original- ly, under my directions, written in Spanish, at the instance of per- sons of very high standing and influence, some of them of the church; who suggested the topics and sentiments the most likely [52] 126 to find a response in the bosoms of the Mexicans, and to promote the cause of justice, moderation, and peace. To the cast of the proclamation I saw no American objection. Its effects, as far as we have heard, are very favorable; but the express (a Mexican) en- gaged by the deputation to take the printed copies to the capital was intercepted near Puebla. Mr. Trist arrived here on the 14th instant. He has not done me the honor to call upon me. Possibly he has thought the compli- ment of a first visit was due to him! I learn that he is writing a reply to my answer to him dated the 7th instant. A copy of that answer I enclosed to you the moment it was written. It is not pro- , bable that I shall find leisure to read his reply, much less to give a rejoinder. When I wrote to you and Mr. Trist late in the .night of the 7th instant, to go down by a detachment of horse that I was obliged to despatch early the next morning, I had not time to defend the po- sition you had forced me to assume; I shall now but glance at that position. The Hon. Mr. Benton has publicly declared, that if the law had passed making him general-in-chief of the United States armies in Mexico, either as lieutenant general or as junior major general over seniors, the power would have been given him not only of agreeing to an armistice, (which would, of course, have ap- pertained to his position,) but the much higher power of concluding a treaty of peace; and it will be remembered, also, that in my let- ter to Major General Taylor, dated June 12, 1846, written at your instance, and, as I understood at the time, approved by the cabinet, his power to agree to an armistice was merely adverted to in order to place upon it certain limitations. I understand your letter to me of the 14th ultimo as not only taking from me, the commander of an army under the most critical circumstances, all voice or advice in agreeing to a truce with the enemy, but as an attempt to place me under the military command of Mr. Trist; for you tell me that u should he make* known to you, in writing, that the contingency has occurred in consequence of which the President is willing that further active military operations should cease, you will regard such notice as a direction from the President to suspend them until further orders from this department." That is, I am required to respect the judgment of Mr. Trist here on passing events, purely military, as the judgment of the Pres- ident, who is some two thousand miles off ! I suppose this is to be the second attempt of the kind ever made to dishonor a general-in-chief in the field, before or since tl^e time of the French convention. That other instance occurred in your absence from Washington, in June, 1845, when Mr. Bancroft, acting Secretary of War, in- structed General Taylor in certain matters to obey the orders of Mr. Donaldson, charge d'affaires in Texas; and you may remember the letter that I wrote to General Taylor, with the permission of both Mr. Bancroft and yourself, to correct that blunder. The letter may be found on record in my office at Washington. Whenever it may be the pleasure of the President to instruct me 127 [ 52 ] directly, or through any authorised channel, to propose or to agree to an armistice with the enemy, on the happening of any given contingency or contingencies, or to do any other military act, I shall most promptly and cheerfully obey him; but I entreat to be spared the personal dishonor of being again required to obey the orders of the chief clerk of the State Department as the orders of the constitutional commander-in-chief of the army and navy of the United States. To Mr. Trist, as a functionary of my government, I have caused to be shown, since his arrival here, every proper attention. I sent the chief quartermaster and an aid-de-camp to show him the rooms I had ordered for him. I have caused him to be tendered a sentinel to be placed at his door and to receive his orders. I shall from time to time send him word of my personal movements, and I shall con- tinue to show him all other attentions necessary to the discharge of any diplomatic functions with which he may be entrusted. I have the honor to remain, very respectfully, your most obedi- ent servant, WINFIELD SCOTT. Hon W. L. Marcy, Secretary of War. P. S. May 21. — I put under cover portions of an unofficial letter just received from Major General Worth. They are highly interesting. But one company, mounted, under Captain Wheat, was re-enlisted (for the war,) out of the whole of the old volunteers. It has just arrived from Vera Cruz. The reserve will positively advance to-morrow. The deficiency in supplies from Vera Cruz has resulted not so much from the want of wagons and animals there, as from the want of drivers and conductors. Some 400 old volunteers engaged here for the wagons and pack mules broke off at Vera Cruz, and embarked with their respective companies. W. S. War Department, June 15, 1847. Sir: I have received your letter of the 20th of May, and regret to learn that you have been disappointed in your expectations in regard to receiving supplies and munitions f, om the depot at Vera Cruz. This disappointment was caused, as appears by the last par- agraph in that letter, by the failure of the arrangement made with persons who engaged to accompany the train as teamsters. I have received and laid before the President the copy of your proclamation to the Mexican nation of the 11th of May. The con- siderations you have presented to the people of Mexico as induce- ments to them to wish for peace, and to concur in measures for the accomplishment of that desirable object, are well selected and ably enforced. As it could not have been your design to enter into a full discussion of the causes which led to the war, it is not to be taken as an authoritative exposition of the views of the Executive [ 52 ] 128 in this respect, but he regards it as a document containing " topics and sentiments the most likely to find a response in the bosoms of the Mexicans, and to promote the cause of justice, moderation, and peace." Such were properly the scope and end of the proclama- tion, and most ably have they been carried out. You again advert to the subject presented in your letter of the 7th ultimo to Mr. Trist, and appear still to be laboring under an unaccountable misconception in regard to it. My letter of the 31st of May (a copy of which I herewith transmit) presents this matter in its true light. It will show you how far you have misled your- self, and how causelessly you have indulged in complaints, better characterized as reproofs, against the President and this department. | The President would not have deemed it proper that I should advert again to this subject, but for the apprehension he has that your course may obstruct the measures he has taken to procure a peace. It does not appear, from any communication made by you to this department, that you have executed or attempted to execute the order which you have received to forward the despatch from the Secretary of State addressed to the Mexican secretary of foreign affairs. The President is, however, unwilling to believe that you have not done your duty in this respect. If it has not been sent, he presumes that you have not been able to send it, and that you will, in due time, explain the causes which compelled you to de- tain it. My letter, taken by itself, neither sustains nor excuses such an interpretation as you 'have given to it; and, taken in connexion with the facts which Mr. Trist was directed to communicate to you, and which it was expected would have been communicated with that letter, shows how idle it is to imagine that there was any at- tempt to place you " under the military command of Mr. Trist," or that you were " required to respect the judgment of Mr. Trist here (in Mexico) on passing events purely military, as the judg- ment of the President, who is some two thousand miles off." The respect due to yourself as well as that due to the President, who had placed you in chief command of our armies in Mexico, should have made you extremely reluctant to adopt such a conclusion, even on adequate proof of the fact; and to me it seems, as I am sure it will appear to others, strange indeed that you have been able to extract any such inference from my letter. You and Mr. Trist are both functionaries of the government of the United States, with important public interests confided to each in his re- spective sphere of action; cordial co-operation was expected; duty imposed it; the public good, the cause of humanity, demanded it. If there has been a failure in this respect — and from the tenor of your despatch the President fears that there has been — a high re- sponsibility rests somewhere. In relation to the direction of an armistice, or the suspension of hostilities, the President, after duly considering all you have said on the subject, does not doubt that it was an order proper and right for him to give, and consequently one which you were bound to obey. He sincerely regrets your strange misapprehension of it; 129 [ 52 ] and he is wholly unable to conceive how you can reconcile with, duty and subordination the making of it a topic of remark, I may say of incidental reproof of your common superior, in an official com- munication to a subordinate officer in another branch of the public service. The information recently received here has caused a painful ap- prehension that Colonel Sours, who was bearer of despatches from this department to you, was murdered between Vera Cruz and Ja- lapa. I herewith send copies of the communications from this de- partment which were entrusted to him. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War. Major General W. Scott, Commanding U. S. A. in Mexico. N. B. — The following is an extract from a copy of an official letter purporting to have been written by you to Lieutenant Semmes, of the navy, dated headquarters, Jalapa, May 9. 1847. [Extract.] " But there is at hand another functionary, who, under very re- cent instructions from the President of the United States, may per- haps claim to supersede me in the business of exchanging priso- ners of war, as in other military arrangements. Mr. Trist, chief clerk of the Department of State, appointed minister or commis- sioner to Mexico, has arrived at Vera Cruz, and may be at this place with the train expected up in a few days. Perhaps you had better refer the business of your commission to him. I only make the suggestion." if No. 29.] Head-quarters of the Army, Puebla, June 4, 1847. Sir: I arrived here, with four troops of horse, on the 28th ult. Twigg's division came up the next day. I enclose herewith a copy of Bre ret Major General Worth's re- port, dated the 15th ultimo, (the ©riginal was intercepted by the enemy,) of an affair he had with General Santa Anna at Amosoque, some eight miles from this place. The effective strength of this army has been surprisingly re- duced. Besides the discharge of seven regiments and two inde- pendent companies of old volunteers, we had to leave in hospital about 1,000 men at Vera Cruz, as many sick and wounded at Ja- lapa, and 200 sick at Perote. Here we have on the sick report ; 1,017. Not a cerps has made a forced march except in the pursuit ■after the battle of Cerro Gordo, and every possible attention has been given to the health of the troops. The general sickness may- be attributed to several causes: 1. The great contrast in climates 9 [ 52 ] 130 above and below Cerro Gordo; 2. The insufficiency of clothing, but little having arrived when the army marched from Vera Cruz; and, 3. The want of salt meats, the troops not having had any oftener than one day in nine since we reached the elevated country, as our insufficient means of transportation allowed us to bring up only small quantities of bacon and no mess pork. The prevailing diseases have been chills and fevers, and diarrhoea. Making the further deductions of the killed and wounded, the garrisons of Vera Cruz, Jalapa and Perote, and we have here but 5 820 effective non-commissioned officers, artificers, musicians and privates; a force evidently insufficient to garrison this large open city, and to march upon the capital, where, 6r near it, we may pro- bably have to beat an indifferent army of from 12,000 to 25,000 men. This we could do with 4,000, but at a loss, probably, of one- fourth of our numbers; whereas with 8,000, our loss would not ex- ceed some 300. Not having heard of the approach of reinforcements from any quarter — not even of the 960 recruits for the old regiments, who were to embark at New York, and Newport, Kentucky — I have at length determined to abandon Jalapa, and to bring up to the head of the army the garrison of that city, with a part of the garrison of Perote, in order to be in a better condition to advance upon and to occupy the capital. See, herewith, my instructions of yesterday to Colonel Childs, the governor and commander of Jalapa. It is ascertained that any sick or wounded men left in the road, or in small villages, would be certainly murdered by guerilla par- ties, rancheros, or banditti, and I am not absolutely certain that threats of punishment will render oar hospitals safe, even in large cities. The want of reinforcements long promised and expected has driven me to this painful experiment. The delay here until aboutthe 22d instant may, however, be com- pensated by one important advantage. General Santa Anna has renounced the presidency; (see his printed letter herewith.) It is understood that a new government will be installed on the 15th in- stant, and there is good ground to hope under Herrera or Trias, both supposed to be desirous of peace with the United States. If we were previously to occupy the capital, the friends of peace (most of the leaders of the party belong to the capital) would be dispersed; or if they remained and organized under our colors, their government would be denounced and decried as set up by their army, and lose all credit and weight with the Mexican people. We are still much embarrassed by the want of money. But little can be obtained on drafts this side of the capital; and we have not heard of the arrival of a dollar at Vera Cruz for this army. The attempt to subsist it by living at free quarters, or on forced contri- butions, would be the end of military operations. I take the liberty to enclose a copy of my rejoinder to Mr. Trist. No doubt he has forwarded a copy of hi most extraordinary epistle to me. To have such a flank battery planted against me, amidst critical military operations, is a great annoyance. . Considering the many cruel disappoiatm^nts and mortifications I 131 [52 j have been made to feel since I left Washington, or the total want of support and sympathy on the part of the War Department which I have so long experienced, I beg to be recalled from this army the moment that it may be safe for any person to embark at Vera Cruz, which I suppose will be early in November. Probably all field operations will be over long before that time. I have the honor to remain, sir, with high respect, your most obedient servant, WINFIELD SCOTT. Hon Wm. L. Marcy, Secretary of War. War Department, Washington, July 12. 1847. Sir: Since my letters of the 31st of May and 14th [15th] of June, pointing out your entire misapprehension in regard 'to the mission of Mr. Trist, so far as it was assumed by you to be an interference with your military command, a part of his communications to you, as well as your letter to him of the 29th of May, has been received. This correspondence discloses a state of things between yourself and him most deeply regretted, as it is much to be feared that your personal relations are such as may compromise the most important national interests. My previous letters on this subject, if received, must have con- vinced you of the groundlessness of your suspicions and the pre- cipitancy of your conduct in this whole affair. You cannot fail to perceive that, so far from having cause to complain and indulge in disrespectful reproaches against your government on account of this mission, the utmost care was taken to secure to you all the rights and authority of your command, and to yield to all the pretensions you could properly set up as in anywise belonging to it. Regarding, as the President feels compelled to do, your course in this matter as the result of an entire mistake as to the powers and duty of Mr. Trist, he regrets to perceive that the conduct of Mr. T., on the other hand, has not been free from error. No two agen's of the government could have been charged with duties more distinct and non- conflicting — duties less likely to bring on personal collision, where any sort of communication was required. To you was intrusted the conduct of military operations — to him the business of negotiating a peace, if a favorable opportunity should occur. Only a very limited official intercourse between you and him was required, and that was of such a character as to preclude, as it was supposed, the possibility of any misunderstanding. He was required, in the first place, to deliver to you a despatch from your government to the minister of foreign relations of Mexico. When thus delivered, all his agency in regard to it was ended. It was com- mitted to you to be forwarded: not even the President's order to you to send it forward was communicated through him, but through this [ 52 ] 132 depa tment. To this course the most overwrought sensitiveness could not properly take the slightest exception. Your false alarm in re- gard to the power of the commissioner, and the misstep consequently taken — the first in the series of blunders — led him to interfere, in an unauthorized and improper manner, with an affair exclusively your own — the transmission of that despatch to the Mexican authorities. From this department Mr. Trist had no instructions whatever, and I am well assured that he had none from the President or the State Deoartment, relative to this despatch, beyond the simple direction to place it in your hands. Whatever he may have done further than barely delivering it to you, was unauthorized. In undertaking, as he appears to have done in his letter to you of the 20th of May, to be the medium through which orders to you were to be trans- mitted, he has assumed authority not conferred on him, and the act is disavowed and disapproved by the President. He had no au- thority to give you any order whatever. The only orders from your government to you, relating to this subject, were issued through this department, and are contained in my despatches of the 14th of April,. and these orders the President confidently expected you to execute. It is proper that I should say, in concluding my remarks on this point, that the President trusts that you have dis- covered your mistake in returning the despatch to Mr. Trist; that you have withdrawn it from him and executed the order to forward it from this department to the Mexican authorities. Should you receive from these authorities an intimation of a willingness to en- ter upon negotiations, you will, as a matter of cou>se, apprize Mr. Trist of that fact, and do what may be deemed proper to facilitate the conclusion of a peace. It is not expected that you still continue, under your first strange delusion as to Mr. Trist's instructions to interfere in any manner with your military operations. My previous letters, and the ex- tract furnished you from those instructions, must have put to flight all your misconceptions on that subject. The utmost extent of the commissioner's authority bearing on this point, was to give you written notice of the happening of a contingency on which a sus- pension of hostilities was to follow: not by Mr. Trist's order — not by an order communicated through him — but by the order of the President, your superior officer, conveyed to you directly by the Secretary of War. This suspension of hostilities was not, as you saw fit to assume, to be a preliminary to, but to result from, negotiations conducted to a successful issue. Your course on receiving the first communi- cation from Mr. Tri?t shut you out, for a time at least, from the information which would have secured yon from the false position in which you so precipitately placed yourself. You would have learned from Mr. Trist, if an interview with him had net been ob- structed, that the contingency referred to in my letter was a dis- tinct event — not an undefined condition of to % be determined by discretion: it was a certain tact — the actual ratification of a de- finitive treat, of peace by the Mexica.'. nt, containing in. one of its articles a stipulation for the suspension of hostilities to • 133 [ 52 ] follow immediately such ratification; and it should not be forgotten that it was the 'intention and expectation of your government that you should be as well acquainted with what constituted that contingency as the commissioner himself, before you could be re- quired to act in reference to it; for Mr. Trist was authorized, on arriving at your head-quarters, to show you his instructions and the ptojet of the treaty he was empowered to make. Had you been less impetuous in taking umbrage at the course pursued in this matter, and less inclined to conclude, without the least war- rant for it, that your government intended disrespect to you, or was unmindful of what was due to the safety of the gallant army under your command, the dearest interests of the nation would not have- been exposed to receive detriment from an ill-tempered personal altercation between two high functionaries, intrusted with impor- tant public concerns in a foreign country. As past errors must have been discovered, the President expects that false steps on both sides have been retraced and that you and Mr. Trist are now co- operating, so far as co operation is required, in your respective spheres of duty, to bring the war to a successful close by an honorable peace. Your letter from Puebla, of the 4th of June, has been received and laid before the President. Considering that you had claimed, as a matter of right due to your superior rank, to be placed at the head of our armies in the field, in a state of actual war, and had earnestly besought that position as a matter of favor, the President was not a little surprised that, alter so brief a period of service, you should ask to be recalled. The grounds put forth for this change of purpose have not probably had with him the influence you expected/ They are of such an extraordinary character as to claim a passing notiee. Of " the many cruel disappointments and mortifications I (you) have been made to feel since I (you) left Washington," you have omitted to specify a single one, and whether they are real or imaginary is left in great uncertainty. The sending of Mr. Trist to Mexico as a commissioner of peace, and the suspicion you cherished that you had been degraded by his being clothed with military authority to interfere with your right- ful command, are proba.bly prominent among these "cruel disap- pointments and mortifications." The exposition which has been made of that case, shows the lamentable extent to which error may prevail in personal matters when prejudice and suspicion preoccupy the mind. Should your other undisclosed " cruel disappointments and mortifications " be of a like unsubstantial character, as it is presumed they are, you may well conclude that they constitute no sufficient motive with the President to grant the indulgence you ask. I am unwilling to believe that the grave charge, that you have experienced so long " the total want of support and sympathy on the part of the War Department," was thrown in as a provocative to insure success to your application, and I certainly cannot con- cede that it rests on the slightest foundation of fact. In view of the vast diversity of human character, I ought not, perhaps, to be [ 52 ] 134 surprised at any extravagance of self-delusion, yet I should be so in this instance if this is to be regarded as a well considered allega- tion, reflecting the settled convictions of your mind. That it indi- cated the true state of your feelings at the moment it was written, I will not question; but that it is at all just towards the War De- partment, I must most positively deny. It is an assertion unac- companied by facts to support it; it relates to a matter in regard to which my information must be at least as full and accurate as your own; and I feel bound, by the most solemn convictions of truth, to say that you are mistaken in the entire length and breadth of the allegation. That you have been disappointed in some of the arrangements made here, as you have in some of your own which did not depend upon the action of the War Department, is undoubtedly true ; but such disappointments do not war- rant or sustain the charge you have made — ;they do not even show that you have not had all the support from this de- partment which was within its competence to give. The de- partment cannot, by the mere fiat of its will, call into in- stant existence the means it may require, and place them where they are needed. Human agency cannot control the elements so as to make them subservient to its wishes, or to prevent them from sometimes frustrating its best concerted plans. In conducting a war such as that in which we are now engaged, the scene of operations, as you well know, is of the widest range; the machinery necessarily of vast extent and complexity; the agencies exceedingly numer- ous and dispersed over vast regions. That all this complication of means and agencies should respond with promptness and punctu- ality, in every instance, to any directing will, cannot be reasonably expected; that one failure, whether by accident, necessity, or neg- ligence, should involve others, is inevitable; and that unforeseen disappointments should occasionally happen in working out re- sults, should surprise no man who takes a sensible view of human affairs. That the War Department has not realized all that may have been expected in its arrangements, may be safely admitted, without laying itself open to the charge of having failed to act with energy and effect, or of having neglected any one of its es- sential duties, or to the still more unfounded and reckless charge of having failed to afford any support whatever to the general at the head of our armies in the field. The War Department, most deeply interested as it is in carrying the war to a successful issue, could have no motive — and by any other than a mind strangely deluded, it could not be suspected of having any motive — to do 1'ess than its utmost to insure triumph and glory to our arms; and to a charge of failure of duty in this respect, unaccompanied with any specification, it will only oppose, in its vindication on this oc- casion, its anxious, incessant, and strenuous efforts, zealously de- voted to the conduct of the war. Regarding the inducements you have assigned for begging to be recalled as deserving to have very little influence on the question, it will be decided by the President with exclusive reference to the public good. When that shall ren- der it proper, in his opinion, to withdraw you from your present 135 [ 52 ] command, his determination to do so will be made known to you. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War. Major General Winfield Scott, Commanding U. S. Army, Mexico. [No. 30.] Head-quarters of the Army, Puebla, July 25, 1847. Sir: My last report was dated the 4th ultimo, from this place, enclosing a copy of my instructions (June 3) to Colonel Childs, ordering up the garrison of Jalapa, and a copy of a letter from me to Mr. Trist, of May 29. Although daily in expectation of something of special interest to communicate, nothing has occurred of that character save a happy change in my relations, both official and private, with Mr. Trist. Since about the 26th ultimo, our intercourse has been fre- quent and cordial; and I have found him able, discreet, courteous, and amiable. At home, it so chanced that we had the slightest possible acquaintance with each other. Hence more or less of re- ciprocal prejudice, and of the existence of his feelings towards me, I knew, (by private letters,) before we met, that at least a part of the cabinet had a full intimation. Still the pronounced misunderstanding between Mr. Trist and myself could not have occurred but for other circumstances: 1st, his being obliged to send forward your letter of April 14th, instead of delivering it in person, with the explanatory papers which he desired to communicate; 2. His bad health in May and June, which, I am happy* to say, has now become good; and, 3. The ex- treme mystification into which your letter, and particularly an in- terlineation, unavoidably threw me. So far as I am concerned, I am perfectly willing that all I have heretofore written to the department about Mr. Trist should be suppressed. I make this declaration as due to my present esteem for that gentleman; but ask no favor, and desire none, at the hands of the department. Justice to myself, however, tardy, I shall take care to have done. Since my acknowledgment of May 7, (report No. 27,) I have had but two letters from you, dated, respectively, April 30 and May 31; received here, in ti.e order of their date, June 6 and July 7. The duplicate of the former, borne by a special messenger from Washington, had been previously, by his imprudence, captured be- low Cerro Gordo, and p iblished, with other letters found on his person, in the papers of the Mexican government. I do not acknowledge the justice of either of your rebukes con- tained in the letter of May 31; and that [ do not here triumphantly vindicate myself is not from the want of will, means, or ability, but time. The fi.rst letter (dated February 22) received from you, at Vera .[52] 136 ^Crnz, contained a censure; and I am now rebuked for the unavoid- able — nay wise, if it had not been unavoidable — release, on parole, of the prisoners taken at Cerro Gordo — even before one word of commendation from government has reached this' army on account of its gallant conduct in the capture of those prisoners. So, in regular progression, I may — should the same army gallantly bear me into the city of Mexico in the next seven or eight weeks, which is probable, if we are not arrested by a peace or a truce — look to be dismissed from the service of my country. You will perceive that I am aware (as I have, long been) of the dangers "which hang over me at home; but I, too, am a citizen of the United ••States, and well know the obligations imposed under all circum- stances by an enlightened patriotism. Having,. June 3, lost all hope of being joined by other troops than the nine hundred and odd men belonging to the old regiments of this army, and of whose approach I had had notice from the adju- tant general, I ordered up Colonel Childs, with the garrison from Jalapa; but instructed him to await for that body, and any other (I was thinking only of some other party of recruits) he might chance to hear of. He waited, first, for Colonel Mcintosh; next for Brigadier General Cadwalader; who, in turn, heard of, and * "waited for, Major General Pillow. The latter arrived here, with all those detachments, the 8th instant. But, in the meantime, I had lit at d that Brigadier General Pierce had reached Vera Cruz on the 28th June, and was to take up his line of march, at the latest, the 3d instant. Consequently, I expected him here, with much confi- dence, by the 17th, but the day before, I learned, with great dis- appointment, that the want of transportation, and an accident would detain him at Vera Cruz till the 16th. Of course I cannot now look for him before the end of this month. I shall be obliged to "waL his certain and near approach; 1st, because we need the strong reinforcement he will bring up; and, 2d, the money supposed to be with him is indispensable. i In respect to money, I beg again to report that the chief commis- sary (Captain Grayson) of this army has not received a dollar from the United States since we landed at Vera Cruz, March 9. He now owes more than $200,000, and is obliged to purchase on credit, at great disadvantages. The chief quartermaster (Captain Irwin) has received, perhaps, $60,000, and labors under like in- cumbrances. Both have sold drafts, to small amounts, and borrowed largely of the pay department, which has received about half the money estimated for. Consequently, the troops have some four months' pay due them. Our poverty, or the neglect of the dis- bursing departments at home, has been made known, to our shame, in the papers of the capital here, through a letter from Lieuten- ant Colonel Hunt, that was found on the person of the special mes- senger from Washington. The army is also suffering greatly from the want of necessary -clothing, including blankets and great coats. The new troops, (those who have last arrive*!,) as destitute as the others, were first told that they would find abundant supplies at New 'Orleans; next, at Vera Cruz, and, finally, here; whereas we now have 5 137 [ 52 1 perhaps, a thousand hands engaged in making shoes and (out of bad materials and at high cost) pantaloons. These articles, about 3,000 pairs of each, are absolutely necessary to cover tlie nakedness of the troops. February 28, off Lobos, I wrote to Brigadier General Brooke to direct the quartermaster at New Orleans to send to me large supplies of clothing. March 16, (23,) General Brooke replied that the quartermaster' at New Orleans had "neither clothing nor shoes," and that he was "fearful that unless they have been sent out to you direct, you will be much disappointed." Some small quantity of clothing, perhaps one-fifth of our wants, came to Vera Cruz from some quarter, and followed us to Jalapa and this place. May 30, the number of sick here was 1,017; of effectives, 5,820. Since the arrival of Major General Pillow, we have, effectives, (rank and file,) 8,061; sick, 2,215, besides S7 officers under the latter head. The arrival of Brigadier General Pierce may add about 25 per cent, to our effective strength, and I hope to advance, after leaving a competent garrison here, at the head of 9,500 men. The enemy in the capital may amount to some thirty odd thousand, including good, bad and indifferent. The health of our troops has been improving since the 20th instant. I have been obliged to detain Major General Quitman here in the command of the volunteer division, not only on account of bis very valuable services with that corps, but because I cannot tend him in safety and with honor either direct to Saltillo, or via Vera Cruz, without a heavy detachment of troops, which would be; of itself quite a military operation. Brigadier General Shields com- mands a brigade in that division. I have large masses of papers, some of them of considerable in- terest, to forward; but the messenger about to depart can only take two or three letters in a small compass. Mr. Trist writes by him, and to his report I beg to refer for his prospects of opening negotiations. I have no news from Major General Taylor later than May 23, and none of the approach of additional troops. I have the honor to remain, with high respect, sir, your most obedient servant, Hon. W. L. Marcy, Secretary of War. WINFIELD SCOTT. Endorsement. « ("Placed, sealed, in the hands of Mr. Trist, the night of its date, to go by a private express, frequently before employed by him, (Mr. T.;) the express rider never before, as far as was known, having failed to deliver letters as he was directed. WINFIELD SCOTT. Mexico, November, 1847.] [52] 138 War Department, Washington, October 6, 1847. Sir: No official despatch has been received from you at this de- partment of a later date than that of the 4th of June, though we are not without authentic information of your operations to the 20th of August, and of the signal victories obtained by you and the gallant army under your command, on that and the prece- ding day. Accounts upon which reliance is placed have recently reached us that the negotiations for peace have terminated unsuccessfully, and. that hostilities re-commenced on the 8th or 9th ultimo. We have also the gratifying intelligence that you have succeeded in capturing the city of Mexico; and are waiting with deep anxiety for the particu- lars of your operations up to and including that important event. The terms insisted on by Mexico, on which only she will consent to conclude a peace, (which. also have been received here,) are so extravagant and inadmissible that there is no alternative left but to prosecute the war. It is quite evident that the authorities of Mexico would not pre- sent and insist upon, as a basis for peace, terms which could not be entertained for a moment by us without national dishonor, were they not encouraged to continue the war by that portion of the population, as well as others, upon which the burdens of the war ought to fall, and upon which, in the further prosecution of it, they must be made to fall, as the only means now left of bringing it to a close. We have hitherto been far more forbearing than is customary in exercising the extreme and even some of the ordinary rights of belligerents. It is now evident that our leniency h'as not been appreciated, nor reciprocated, but, on the contrary, has been rep'aid with bad faith and barbarity; and is only met by a blind obstinacy, and a reckless determination to prolong the conflict. However unwilling we may be to modify our humane policy, a change now seems to be required even by the considerations of humanity. We must take the best measures within the clearly admitted course of civilized warfare, to beget a dis- position in the people of Mexico to come to an adjustment upon fair and honorable terms. It should be borne in mind that the peo- ple of Mexico, indulging, as it is evident they do, the most hostile feelings, are not less parties to the war than the Mexican army; and as a means of peace, they must be made to feel its evils. The guerilla system which has been resorted to is hardly recog- nized as a legitimate mode of warfare, and should be met with the utmost allowable severity. Not only those embodied for the pur- pose of carrying out that system, but those who at any time have been engaged in it, or who have sustained, sheltered and protected them, are much less entitled to favorable consideration than the soldiers in the ranks of the regular Mexican army. They should be seized and held as prisoners of war, and sent to the United Slates if it is not convenient to hold them. Their "haunts and places of 139 [ 52 ] rendezvous should be broken up and destroyed. Those Implicated in the murder of non-combatants, or in robbery and plunder, should be subjected to a severer treatment. Independent of restraints, &c, upon their persons, all their property and effects within our reach should be unhesitatingly seized and devoted to public use. In re- lation to other prisoners and officers, I refer you to my despatch of May 31. I herewith send you an extract from it relating to that subject. Permit me to invite your attention to the despatch from this de- partment of the 1st ultimo, (a copy of -which is herewith sent,) and urge the suggestions therein contained upon your particular consid- eration. The burden of sustaining our forces in Mexico must be thrown, to the utmost extent, upon the people of that country — its resources should be resorted to in every manner consistent with the usages of civilized war, for that purpose; and it is hoped that your situation is; such as will warrant you in making this resort, at least to the extent required for the support of our army. The men of means who have willingly contributed aid to support the Mexican army, should be forced to contribute to the support of ours. Without a particular knowledge of your situation, of the availa- ble force you now have at your command, or of the resistance the enemy are still capable of making, nothing more than suggestions, in regard to your future proceedings, will be submitted for your consideration. I need not urge upon you the adoption of all meas- ures necessary for "holding the city of Mexico, and the principal places between that city and Vera Cruz. To open and keep open the way between these two cities would seem to be required for holding securely what is already conquered, and for -future opera- tions. For this purpose a considerable increase of your force, it is presumed, will be indispensable. Additional troops are now on the way to join your, column. A force of about 3,000 men, besides Colonel Hays's mounted volunteers, has been sent from General Taylor's command, and we are advised that about 1,800 of these are now en route between Vera Cruz and your head-quarters, (if they have not already reached there,) under the command of Briga- dier General Lane. A large number under General Gushing w T ill soon follow. One new regiment of Ohio volunteers is now en route, and five more are nearly organized, and will be sent forthwith to Vera Cruz, with orders to join you. There is also a considerable volunteer force which was called out many months since, and had been slow in organizing, now on its way to your column. The adjutant general's estimate herewith of the total number of these troops, and other detachments, make the aggregate force en route under orders, and being mustered into service, about 15,000, since General Pierce's advance from Vera Cruz on the l4tL July. How far this amount of force will be reduced by casualties before it reaches you, cannot be estimated. With this augmentation of strength it is hoped that you will be able to accomplish not only the objects before indicated, (should you deem them preferable to others,) but to carry on further aggressive operations; to achieve new conquests; to disperse the remaining army of the enemy in [ 52 ] 140 your vicinity, and prevent the organization of another. Left as you are to your own judgment as to your military operations, the fullest codfcdence is entertained that you will conduct them in the most effective way to bring about the main and ultimate object of the war: namely, to induce the rulers and people of Mexico to de- sire and consent to such terms of peace as we have a right to ask ami expect. ' The views of the government in relation to propositions and ne- gotiations for concluding a peace, are disclosed in a despatch from the Department of State to Mr. Trist, a copy of which accompanies this communication. By it you will perceive that he is recalled. You will embrace a proper occasion to notify the Mexican authorities of this fact. Should they offer through you terms of accommodation, or pro- pose to enter on negotiations, the President directs that such propo- sitions be forwarded without delay to him; but it is not expected that your movements or measures for carrying on hostilities will be thereby relaxed, or in anywise changed. I have the honor to be, very respectfully, your obedient ser- vant, W. L. MARCY, Secretary of War. Major General Winfield Scott, Commanding II. S. Army, Mexico. [No. 36. j Head-quarters of the Army, Mexico, November 27, 1847. Sir: Since the letter recalling Mr. Trist was received, we have certain information that the Mexican government had, about the same time, appointed commissioners to meet him for negotiating the terms of a peace; and, if we had a commission here to receive thera, it is believed that a satisfactory treaty might soon be agreed upon between the two belligerents. Those commissioners are understood to be now in this city, but they have not called on me or submitted, to me any proposition whatever, although the government at Quere- taro has been informed that I shall at all times be ready to send home any communication, looking to a renewal of negotiations; from that government. It is doubtful, however, I learn indirectly, whether the Mexican government, or its commissioners, will adopt that course. I have now been waiting with anxiety, for nearly a month, the arrival of the reinforcements with Major General Patterson, and. others, coming up from Vera Cruz. That general, in an official report dated the 10th instant, informs me that he had halted with some 2,600 men "for duty," at Jalapa; had sent his wagons back to 'he seaport, and expected to renew his march, in this direction, about the 20th instant. He had received my instructions of the 13th and 28th ultimo, (others await hirn at Puebla,) directing the rtgarrisoning of Jalapa with some 1,200 men, and the establishment 141 [ 52 ] of at lea,st two new posts between that city and Vera Cruz. Tue latter he had established at the bridge over the San Juan, and at the national bridge; but whether the 2,600 men "for duty" be a sur- plus over and above the new garrison at Jalapa, the report does not inform me. The instructions waiting at Puebla direct that an- other new post of from 400 to 500 men shall be established at Rio Frio, O!! the national road, about 36 miles from Puebla, and the , same from this city. v Major Geneial Patterson complains, I have no doubt justly, of Ihe unfitness, from the want of experience, of the officers" and men with him, for the service of separate posts, whence are to be feared many disorders and much waste of public property. We are here also, very deficient in the number of field and company officers needed even for ordinary duties; and the force present is barely sufficient to garrison this large city and the castle of Chapultepec. One strong detachment is now out with the train despatched hence to Vera Cruz on the 1st instant, and before its return (about the 5th proximo) I shall have sent down another for certain supplies, not to be obtained here on advantageous terms, and in order, as in the other instance, that a portion of the wagons may be serviceable in bringing reinforcements from Vera Cruz. I am happy to learn that Major General Butler was hourly ex- pected at Vera Cruz early in this month. On his or Major General Patterson's arrival here, with 4,000 or more reinforcements, over and above the eastern garrisons, I shall despatch that surplus, or a force equal to it, to occupy the mining districts within miles of Zacatecas; and, should the surplus be sufficient, I shall also oc- cupy the mining district of San Luis de Potosi, unless propositions of peace, on the part of Mexico, of such a character as to give a strong probability of their acceptance by our government, combined with an evident steadiness of purpose at Queretaro, may possibly cause me not to disturb the government at that place, but to pass it at, some distance to the right or left. An indirect overture for an armistice I have already declined. In making the proposed distant detachments, I shall endeavor to send together about equal portions of regulars and new volun- teers. The new York, South Carolina, and Pennsylvania regiments (the 2d Pennsylvania,) with me, have been exceedingly reduced in numbers, as are also all the regular regiments. I invite attention to the accompanying order, No. 358, respecting bullion and coins. I am engaged in collecting the statistics of finance in this country for the period a little before the commence- ment of this war. It is possible that if we should be able to oc- cupy the principal mining districts and seaports of Mexico, and keep the great highways clear of guerilleros and other robbers, the per centage on the precious metals — coinage and exports — and du- ties on increased imports of foreign commodities, might amount to ten or twelve millions a year; but on the approach of even Mexican troops, in periods of revolution, the miners always run away from their work, and are rarely brought back in months. The some dif- ficulty may be apprehended from the approach of our troops. Be- [52] 142 sides, the mints, (some seven or eight,) by payments in advance^, have, I learn, hired the privilege of coinage for a term of years, and they are mostly, if not entirely, in the hands of neutrals. And in respect to other internal resources of ordinary revenue, I suppose they cannot be made available towards the support of this army, except by the occupation of the State capitals and through the State authorities. To collect such revenue directly, by means of agents of our own — Mexican or American — would require a host of civil employes, involving much extortion, waste, and corruption. The superintendence of the latter system would be extremely repugnant to my habits and feelings. But, I repeat, I have but recently com- menced the study of the subject. By the arrival of adequate rein- forcements, I hope to be better informed, and, under a general system to be devised, to be able to collect, in the interior, at least a part of the means necessary to support the occupation. I have to acknowledge despatches from the department dated July 12 and 19, both received October 31; September 1, received November 17; October 6, received November 18; and October 24, received November 16. In the despatch of the 19th July, it is said a duplicate of one dated "the 14th ultimo" is herewith enclosed. Neither copy has been received, and only the duplicate of that dated July 12. In respect to the latter, I have only time to say, that I have ample topics for reply and self-justification, but waive them for the present. I shall probably, in three or four days, write again by the down- ward train. I now avail myself of a messenger who can only take a few letters and packages. I have the honor to remain, sir, with high respect, your most obedient servant, WINFIELD SCOTT. Hon. W. L. Marcy, Secretary of War. Head-quarters of the Army, Mexico, November 25, 1847. General Orders — No. 358. Under instructions from the government at home, requiring that this army shall, as soon as practicable, begin to raise, within the country it occupies, the means, in whole or in great part, of main- taining the expenses of the occupation, until the federal govern- ment of Mexico shall submit terms of peace which the United States may honorably accept, it is ordered that no uncoined bullion, bars or ingots, either of gold or silver, shall be shipped from any port of Mexico, until the further orders of the government at home shall be made known on the subject, so as to give time for said government'to fix the rate of export duty on such bullion, and per- haps a smaller duty on gold and silver coins. As the beginning of the change of system intimated above, all rents for houses or quarters occupied by officers or troops of the army, in any city or village in Mexico, will cease as soon as con- 143 [ 52 ] Tacts may permit, and absolutely from and after the end of this month, wherever this order shall be received in time; and, in fu- ture, necessary quarters, both for officers and troops, where the public buildings are insufficient, will first be demanded, as required, of the civil authorities of the several places occupied by the troops, so as to equalize the inconvenience imposed upon the inhabitants, and diminish the same as much as possible. If the authorities fail to put the troops promptly in possession of such quarters, then the commanding officer, in every such case, fol- lowing out the same principle of giving the least distress practica- ble to the unoffending inhabitants, will cause the necessary build- ings to be occupied. Subsistence, forage, and other necessaries, for the army, will be purchased and paid for as heretofore; and the injunctions and pen- alties of the martial law order, dated February 19, 1847, originally published at Tampico, and republished several times since, with additions, will, as from the first, be strictly enforced, as also, in general, all the obligations of good morals and the most exact discipline. By command of Major General Scott: H. L. SCOTT, A. A. A. G. [No. 37.] Head-quarters of the Army, Mexico, December 4, 1847. Sir: I had designed to send down to Vera Cruz, some five days ago, another, or a second train of wagons, under an escort, princi- pally to furnish means of transportation, in part, for reinforce- ments at that city destined for this place; but learning nothing of the approach of Major General Patterson's column (or of any other) since his report from Jalapa of the 10th ultimo, and hearing unof- ficially that the train (400 wagons, 150 for reinforcements) de- spatched hence the first of that month was likely to be detained by some unknown cause at Vera Cruz, till the 1st or 5th of the pre- sent month, I have been obliged to delay the second train, as the force here and at Chapultepec " fit for duty" is only about 6,000 rank and file; the number of " sick," exclusive of officers, being 2,041. What has detained Major General Patterson so long at Jalapa, I am at a loss to conjecture. He reported on the 10th ultimo that he would renew his march in ten days, in which case he would now have been here, but very late unofficial news from Puebla is silent on this subject. Lieutenant Colonel Johnson, who will command the first train returning yp, has probably been detained at Vera Cruz, waiting for the arrival of essential articles of clothing from New Orleans. All the reinforcements which have joined me via New Orleans, since I left Vera Cruz, have reported that they were officially told, before leaving their respective rendezvous, they would find abundant clothing at New Orleans, and there; that the [52] 144 depot at Vera Cruz would be found ample; whereas not a sixth, perhaps an eighth part, of the clothing needed by this army has reached the latter depot since we landed early in March, except, perhaps, very recently; and that little, it is now reported, has been issued to the troops that have arrived there since about the middle of September; they also, it is presumed, having left home with in- sufficient clothing. Please recur to a notice on the same subject, in my report to the department (No. 30) dated July 25. If, there- fore, Lieutenant Colonel Johnson be waiting at Vera Cruz for the article so much needed hero, he will, in the end, probably learn that one clothing depot is as empty as the other. We have caused a great number of garments of absolute necessity to be made here, but of inferior materials and at high prices compared with those of Philadelphia. Mr. Trist will go down with the next train. No proposition has been made to me, looking to peace, by the federal government of this republic, or its commissioners; the latter understood to be still in this city. I have not seen them. In the act of writing, I learn through a merchant that Major General Patterson was, on the 2d instant, expected at Puebla the following day. I have the honor to be, sir, with high respect, your obedient servant, WINFIELD SCOTT. To the Hon. Secretary of War. P. S. — T he foregoing letter was despatched the day of its date, by a hired Mexican. I have just learned that he was robbed of his despatches and horse, near and in sight of our new post at Rio Frio, occupied by new troops. I send this duplicate with copies of the same papers which ac- companied the original, to overtake the second train that left here fur Vera Cruz yesterday, under the orders of Brigadier General Twiggs, who will assume command of the Vera Cruz department, after inspecting the intermediate garrisons of Rio Frio, Puebla, Perote, Jalapa, National Bridge, and San Juan. Colonel Hays, with five companies of rangers, and Major Lally, with a detachment of regulars, arrived here the 7th instant. Major General Patterson came up the following day, and Brigadier Gen- eral Gushing and brigade were close behind. I have not yet been able to obtain a return of those reinforcements; but Major General Patterson thinks they may in all amount to 3,500, officers and men. I have nothing else to add of interest, .except that Major General Butler's column, as well as the train sent hence the first of Novem- ber, are both expected hpre in about a week. WINFIELD SCOTT. Mexico, December 10, 1847. 145 [52] War Department, Washington, December 14, 1847. Sir: You will herewith receive a copy of the President's mes- sage to Congress, and also a copy of the annual report from this department. The message will make you acquainted with the views of the President in regard to the future prosecution of the war. It is expected that you will use the force under your command to hold the city of Mexico, and other places now in your possession, and to keep open the communication from that place to Vera Cruz, so that supplies, munitions of war, and merchandise, can be safely conveyed along that line with only a small force to escort and pro- tect them. Should robbers and guerilleros continue to obstruct the road, to plunder and murder as heretofore, the most vigorous measures should be pursued to punish them, and prevent their depredations. It is desirable to open the country to the ingress of merchandise from the ports in our possession to the utmost practicable extent. In this way it is anticipated that considerable assistance will be derived towards meeting the expenses of the war. You will perceive that the government here contemplate that the resources of the country are, to a considerable extent, opened to us, and that they are to be resorted to for the purpose of diminish- ing the burden of our expenses. It is also expected you will make them available for this purpose as far as practicable. The internal revenues to the extent, at least, to which they were levied by the Mexican government, are to be kept up and paid over to the use of our army, so far as it is within our power to control them, with the exception of the departmental or transit duties, men- tioned in a -former communication. For this purpose, and to de- prive the enemy of the means of organizing further resistance to protract the war, it is expedient to subject to our arms other parts of his country. What those parts shall be is left to your judgment. Our object is to obtain acceptable terms of peace withia the ear- liest practicable period, and it is apprehended that this object can- not be speedily obtained without making the enemy feel that he is to bear a considerable part of the burden of the war. Should there not be at this time a government in Mexico of suffi- cient stability to make peace, or should the authority which there exists be adverse to it, and yet a large and influential portion ef the people really disposed to put an end to hostilities, it is desira- ble to know what prospect there is that the latter could, with the countenance and protection of our arms, organize a government which would be willing to make peace, and able to sustain the re- lations of peace with us. It is presumed that your opportunities of knowing the disposition of the people of Mexico will enable you to furnish your government with correct information on this subject; and the President desires to be furnished with your views thereon. Major General Taylor has obtained leave of absence from his command to visit his family. He will remain in the United States 10 [52] 146 for six months from the first instant, unless the exigencies of the public service shall require his earlier return to Mexico. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War. Major General Winfield Scott, Com?7ianding United States Army, Mexico. [confidential.] Wa4 Department, January 26, 1848. Sir: I presume that the correspondence of this department with. Major General Scott is already in your hands, and that you are in discharge of the duties devolved on you by the order of the 13th instant. You are therefore fully apprized of the character in which N. P. Trist, esq., was sent to Mexico, and of his recall by the President. The recall of the commissioner was accompanied by an order that the general in command should receive and transmit, for consideration here, any overtures or propositions for peace which the Mexican government might think proper to submit through him. From despatches recently received from Mr. Trist, acknowl- edging the receipt of his letter of recall, it is understood, that since its receipt he has been engaged in negotiations with the Mexican government. This assumption of power imposes on the President the painful necessity of maintaining the authority of his office, and of enforcing obedience to his orders. If, on the receipt of this despatch, Mr. Trist shall not have signed a treaty, it is the order of the President that you communicate to the Mexican government that he will no longer be recognised by this government, as author- ized to continue the negotiation. In communicating this fact, the President directs that you will make k%o\vn to the Mexican government that his desire for the restoration of peace and for a just and honorable adjustment of the matters in controversy between the two republics, is unabated; and that any proposition for this desirable consummation which the Mexican government may think proper to submit or place in your hands to be transmitted, will be considered by this government with an anxious desire to promote a pacific result. If Mr. Trist shall have actually signed a treaty, you will make no communication on the subject to the Mexican government; the President will dispose of the subject when communicated to him, as of course it will be, in such a mode as the great public interests involved may require, giving due weight to the circumstances un- der which Mexico may have acted, and uninfluenced by the unpre- cedented conduct of our late commissioner. If, when you receive this despatch, the circumstances are such that you make to the Mexican government the communication as herein directed, you will inform Mr. Trist of this order and of its execution on your part; and that he will no longer regard himself 147 [ 52 ] as being at the head-quarters of the army, under the orders of his government. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War. Major General W. O. Butler, Commanding U. S. Army^ Mexico. [Written in pencil on a slip of paper.] [Private ] Dear General: You may infer that it is intended that you should give the notice, if necessary to be given, by sending copies of the despatch; but such is not the case. Stating the substance will suffice. W. L. M. General Butleb. [confidential.] War Depa rtment, Washington , February 24, 1848. Sir: A treaty of peace negotiated by Mr. Trist and certain Mex- ican commissioners has been received by the President, and he has sent it to the Senate for ratification, with the exception of the tenth w article, which has reference to the title of lands in Texas. This article is so entirely inadmissible, that any treaty containing it can never be ratified by the United States. Rejecting this tenth arti- cle, and perhaps " the additional and secret article," it is probable that the treaty will be approved by the Senate and President. One of the stipulations of the treaty provides for the payment of three million dollars in Mexico, on its ratification by the Mexican government. If the Mexican government should ratify the treaty in its present shape, and thereupon claim the first insta'ment, it is very impor- tant that the payment should be withheld until the action of the government here is made known in Mexico; for, should the money be paid, and the treaty be here modified, as it certainly will be, and the Mexican government refuse to adopt the modification, the amount so paid will be lost. It is proper to guard against such an occurrence. Mr. Trist took out with him an authority from the Secretary of the Treasury 1o draw for three millions, to be paid on the ratifica- tion of a treaty by Mexico, and he may assume to act on that au- thority, notwithstanding his recall, No doubt is here entertained that his recall is a revocation of his power to draw on his govern- ment; yet, considering the extraordinary course of his conduct, it would not be very surprising if he should persist in claiming the [52] 148 right to act on the revoked power. If the Mexican government should ratify the treaty in the form in which it may be ratified by the government here, it will be necessary that we should be pre- pared to pay, in the city of Mexico, the first instalment of three millions. For that purpose I herewith transmit to you authority from the Secretary of^ the Treasury to draw for that sum, to be used when the Mexican government shall have ratified the treaty in the shape and form in which it shall be ratified by this govern- ment. To remove all question or cavil as to Mr. Trist's authority to act in the matter, I herewith enclose to you the evidence of the revocation of his power to draw on the treasury, and you are re- quested to deliver a copy of it to him, in the event that the Mexi- can government should ratify the treaty as it was made by Mr. Trist and the commissioners. On exhibiting to him the enclosed evidence of the revocation of his power to draw, you will ask the surrender of that power to you. Should he refuse to surrender it, you will notify the Mexican government that his power to draw on this government has been revoked, and that you are vested with authority to do what is required in regard to the payment of the first instalment provided for in the treaty. From the information here received, it is not probable that th* Mexican Congress can be assembled, and the treaty be ratified in Mexico, before the course f our government on it will be known. Should you be sure of this fact, there will be no occasion for you to act on this communication or to apprize any one of its import or object. As soon as the government of the United States shall have acted on the treaty, the result will be immediately transmitted to Mexi- co, and all the necessary arrangements made to carry the treaty into effect, in all its stipulations, as soon as it is mutually ratified. The sole object of this communication is, to prevent the payment of any part of the sum stipulated to be paid on a treaty ratified by Mex- ico, one article of which (the tenth) cannot be accepted by the United States. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War. Maj. Gen. Wm. O. Butler, . Commanding U. S. Army in Mexico. War Department, Washington^ February 25, 1848. Sib: You were informed, in my despatch of yesterday, that a treaty signed by Mr. Trist and commissioners on the part of Mexico, and transmitted to this government, has been submitted to the 149 [ 52 ] Senate with a view to its ratification. In the conduct of Mr. Trist in remaining in Mexico after his recall, in assuming to himself powers which had been revoked, in arrogating to himself the right to judge of the best mode of conducting the negotiations with Mex- ico, which the constitution has devolved on the President, and in inserting in the treaty a provision unjust to Texas, which his in- structions never authorized, but especially in his despatches to the State Department, the President saw such flagrant violation of duty and of decency, that if he had yielded to personal considerations, he would have refused to recognise any act of his after he had so far disregarded his duty. But looking at the subject with a dis- passionate sense of public duty, the President has submitted the treaty to the Senate, with a view to its ratification with an amend- ment. If the Senate shall approve the treaty with amendment, the question will be for the Mexican government and Congress to de- termine whether they will concur, and thus terminate the war. No public interest can require that Mr. Trist should longer remain at the head-quarters of the army. The President feels that he owes it to his country and its constitution not to suffer the authority and dignity of the high office in which his fellow-citizens have placed him to be contemned and insulted by one whose authority as a dip- lomatic agent he has deemed it best for the public interest to re- voke, and who has proved unworthy of the confidence reposed in him. Judging from his past conduct, Mr. Trist, in his contempt of the instructions of his government, may feel disposed rather to prevent than promote the adoption by Mexico of the modifications deemed indispensable by the President, as those modifications, when adopted, will effect changes in the treaty signed by him. The tone of two despatches addressed by him to the Secretary of State, and which, although they came with the treaty to Washington, were, by inadvertence, not delivered to the Secretary of State, nor brought to the notice of the President, until after the treaty was sent in to the Senate, is so objectionable, that while they would not have prevented him from pursuing the course which he has taken in regard to the treaty, yet he cannot countenance Mr. Trist longer occupying a position in which he appears to the world as the representative of his government, and of which he avails him- self to defy and insult the authority of that government. It is not deemed to be necessary to characterize these and other despatches from him since his recall, further than to say that they are grossly insulting, abound in extraneous and impertinent matter, and present such a commentary upon the course of his government as could result only from great ignorance or a design to put forth perversions and misrepresentations. You will therefore require Mr. Trist to leave the head-quarters of the army, and will furnish the necessary escort for him to Very Cruz. But if, as has been inti- mated, his testimony shall be required in the judicial proceedings conducted by the court of inquiry of which General Towson is president, you will interpose no objection to his going to and re- maining at the place where the court is in session, until his at- [ 52 ] 150 tendance shall be no longer necessary; at which time he must be required to leave the country and return to the United States. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War. Major General W. O. Butler, Commanding the Army of the U. S. in Mexico. [private.] New Orleans, (Sunday morning,) April 25, 1847. My Dear Sir: I reached here from Mobile yesterday morning, one day later (as it happened) than ii* I had kept with the mail from Montgomery; but every body concurred in representing this land route — nominally of 36 hours, but in reality of 48 hours staging, without rest — as so excessively fatiguing, that I made up my mind, on reaching Montgomery, to take the steamer which was then there waiting for us. This was strongly recommended by Dr. Gwinn, who had just come up in her, and whom I met at Notasulga, 50 miles from Montgomery, on his way to New York via Washington. He represented the land route as the most fatiguing in the United States, and considered it next to certain that the steamer would reach Mobile before the mail; as would have happened, had she not lost about five hours on the river, in consequence of the ex- treme darkness of the nights. Anticipating the possibility of this determination on my pa.t, I had, during the hour that we had stopped at Atlanta, in Georgia, written a letter to Mr. Prieur, requesting him to take the necessary steps for holding the best of the cutters in readiness for sailing at a moment's warning on Saturday. This letter I mailed at Mont- gomery, and Mr. P. received it on Friday, the day that I should have reached here, had I remained with the mail. Unfortunately, however, Captain Foster (who has the direction of the cutter ser- vice here) had put to sea a few days previously, in the only steam cutter on the station at present, for the purpose of regulating her .compass, &c. But for this contretemps, I should have gone down the river yes- terday afternoon, and been fairly out at sea before' this time. It will not, however, cause me to lose more than two days; at least, there is no probability that it will, as you will see from the follow- ing statement of the circumstances of the case: Independently of my movements, one of the lieutenants of the revenue service, (Rogers,) had been detailed to set out yesterday, at one o'clock, (in the same steamer that brought me from Mo- bile, and which starts back at that hour,) to carry to Captain Fos- ter at Cat isjand or Ship island, where he would be lying, des- patches received the day before from the Treasury Department. My first thought was to go with him; but upon reflection, I per- ceived various conclusive reasons against my taking this course. 151 [ 52 ] One of these was, that to go back in that way in the very same steamer that brought me. to be dropped on a desert island with my baggage, in quest of a chance to get to a revenue cutter, would be to give immediate publicity to the whole affair. I therefore got Mr. Prieur to write to Captain Foster, (enclosing a copy of the Secre- tary of the Treasury's letter, as a full warrant for such an order,) desiring him to proceed instantly to the mouth of the river, and there await the gentleman mentioned in the Secretary's letter. Should Lieutenant Rogers lose no time in reaching Captain F., and should every thing prove favorable, the captain will be at the mouth of the river early to-morrow. Secrecy has been enjoined upon him. This order having been despatched, I considered the whole mat- ter settled, and intended to go down last evening in one of the tow boats. But reflecting on what Mr. Prieur had told me respect- ing this steamer, (the " Bibb," I think she is called,) and then con- sulting with him upon the subject, I came to the conclusion that I might find myself at the mouth of the river without a vessel to pro- ceed in. This is the steamer's experimental trip, and it may have been found that she is not fit for the sea. Mr. P. says our navy officers pronounced her unfit, from the size of her masts and spars; and although she has undergone alterations to the amount of some $800, she may have proved unfit from other causes. She was built up the river somewhere, (Cincinnati or Pittsburg,) and is, I think, the twin sister, or the cousin german, of the very vessel which was lost in the gulf a few weeks ago, and was so near proving the cof- fin of her whole crew, including Lieutenant McLaughlin, her con- triver. So, after taking all this into consideration, I got Mr. P. to give a second order; to the effect, that one of the sailing cutters, now here, is to proceed immediately to the mouth of the river, take in a month's provisions, and await further orders. If, on see- ing Captain Foster, I find that he has any doubt whatever about his vessel's being a safe sea boat, I shall go in the sailing cut- ter; for, to say nothing of considerations more peculiar to myself, the object of my mission would be but very little furthered by your letter's going to Davy's locker, instead of the city of Mexico. What I have given you above, tediously detailed as it is, is but a slight sketch of the matters that I had to take into consideration before concluding upon the course I have adopted. For instance: so soon as I learned that the steamer was not nere, I determined at once to go in one of the others, and I requested Mr. P. to give the order for her to be got ready to go down with the tow (or tug, as they call them in England) of last evening. I qualified this re- quest, however, by desiring him not to give the order until he should have ascertained that I should gain time by sailing at once, instead of waiting until the steamer could be brought round. He came back and told me that Captain Nones said that the steamer is now a perfectly safe sea-boat, and would go, with certainty,, to Vera Cruz in three to four days, whilst it would take the sailing cutters eight or ten. It was on learning this, that I concluded to send the order to Captain Foster to repair instantly to the south- [52] 152 west pass. I shall go down this evening, if there be an opportunity; and if not, certainly to-morrow evening, for there is no doubt about opportunities then. According to present probabilities, therefore, I shall put to sea in the course of the forenoon of to-morrow or of the day after. On reaching the railroad depot, (the steamer from Mobile lands its passengers on the shore of Lake Pontchartrain, whence they are brought by a short railroad to the city,) which is fortunately in the lower end of the city, I inquired for a Spanish or French tavern in that quarter, but was told that there is nothing of the kind there except sailor boarding houses. I was compelled, therefore, to come up to within a half a square of the St. Louis — the great French exchange and hotel combined — and within sight of the St. Charles, into neither of which could I venture without the certainty (besides having my name gazetted) of meeting within the first five minutes some one who would be sure to say, "You here! Oh, you are going to Mexico, I suppose." Then there would be Slidel), and Soule, and dozens of others, calling, and making remarks, which, in whatever way they might be treated, woula have the effect of disclosing everything to all practical in- tents. I am, therefore, at the Hotel d' Orleans, a well-thronged French auberge, of the economical order, where the old lady writing my name in her book "Docteur Tarreau," I corrected her by making her substitue a round o in place of the eau, saying, "c'est un nom espagnol." Having put my baggage under her charge, I sallied forth in quest of a hack, and it was some time before I could find a close carriage, almost all their hacks here being (under the name of cabs) open chaises on four wheels. Having at last found one, I drove off to Mr. Prieur's house with a note I had written him; but he had just gone out; and though I pursued him successively to two other houses, it was with the same result; and I had to return to my auberge breakfast at 8 o'clock, and there to await patiently the fruit of my bargain with the French-Creole- negro-hackman, whom good fortune had thrown in my way, for he knew Mr. P. personally. He went and took his station at the cus- tom-house, watching for his arrival there, and brought him to me about half past 10, from which time he devoted himself to me with all possible kindness and cordiality, touching upon the subject which brings me here but once, and then merely to observe that he had immediately inferred what the object of my mission must be. This is all that has passed between us in regard to it. By means of his acquaintance with the old Spanish merchants, I have obtained a Catalan as a criado de mano, or body servant. He is well recommended, and, fiom his appearance, I am strongly dis- disposed to think he will justify the recommendation. It is the first time in my life that I have ever thought of indulging in such an expensive luxury, (and it will be quite an expensive one in this case: his wages, which he has left to me to fix, "after he shall have served me the two, three, six, eight, or ten months, or whatever the term may be," will probably be $25 or $30, graduating them by what men of that class can earn here;) and if I do indulge in it, it is not at all with reference to the personal comfort attending 153 [ 52 J it, but to more important considerations. It is not at all impos- sible that I may be, for a time, so situated as to make it quite im- portant to the object of my mission to have some one person at least connected with me, and gathering the small news for me, whilst I shall be surrounded on all sides by the enemy: and in case of illness, I shall have a faithful servant to watch over me; and though I do not apprehend being sick, it is quite a comfort to me, and will be a far greater one to Mrs. T., to know that I am thus provided beforehand. The inquiry for such a servant was made on behalf of a French merchant, who is going to Mexico for a term which may prove very short, or last several months, according to circumstances; and this is the character in which he knows me. I have written until I am tired, and fear that you will tire be- fore you reach the same point; but I thought it best to go into de- tails, knowing the anxiety which both the President and yourself will feel in regard to my making headway. With faithful esteem and friendship, yours, N. P. TRIST. Hon. James Buchanan. United States Revenue Cutter, "Ewing," Vera Cruz, May 6, 1847. Sir: We have this moment cast anchor in this harbor, after a passage of eight days from the mouth of the Mississippi; and hav- ing been boarded by Captain Stringer, of the navy, I have learned from him that a large escort is to leave this day for head-quarters, under circumstances which will probably determine me to set out with it. I had intended, in my first communication, to give you the result of my reflections, since my departure from Washington, with reference to the isthmus of Tehuantepec, and the state of things which I may possibly find existing at the city of Mexico in regard to that subject. These have led me to the conclusion, that not only may my success in making a treaty of peace be promoted, but a most important collateral object secured, by means of a secret additional article to that treaty, totally distinct therefrom, so far as regards ratification or non-ratification by our government, on the subject of the isthmus. You will excuse this hurried scrawl, in consideration of the cir- cumstances under which it is written; the state of things mentioned by Captain S. having determined me to send by him a message to the governor of ^era Cruz, requesting him not to allow the escort to depart until he shall have seen me. My health is perfect. I learnt from our Mexican pilot that there is a good deal of fever among our troops here, but no vomito as yet. I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. You will deeply regret to learn i^ at our friend General Shields is considered in great danger from a wound received at Cerro Gordo. [52] 154 [confidential.] Vera Cruz, (Friday night,) May 7, 1847. Sir: A hasty scrawl written yesterday on board the "Ewing," immediately upon entering port, (and erroneously dated the 7th, from my not adverting to the difference between "sea time" and the way of counting the days on shore,) will have apprized you of my safe arrival here; and I now, at 11, p. m., after having passed the day in making the necessary arrangements for my departure to- morrow morning, sit down to write a few lines in addition to those of yesterday. This I should have postponed doing until my arrival at Jalapa, but for the fact that General Scott expects (as I was confidentially informed yesterday by Colonel Wilson, the governor of this place) that all communication between himself and the seaboard will be for a time cut off, after the opportunity afforded by the large train which is to leave to-morrow,- under a strong escort of somewhere about one thousand men, all told. This will consist in part of the "Tennessee dragoons," under Lieutenant Colonel Allison, of whom I have formed a very favorable opinion. The colonel of the regi- ment is in the upper country with General Scott. This train carries, among numberless other things, a large amount in specie; and the universal impression here yesterday (entertained by Colonel Wilson himself) was, that it would be attacked on the road; though no one considered it at all uncertain what the result would be. Tins evening, however, the conjectures seem to incline somewhat decidedly the other way, and I myself consider the pro- bability to be that it will not be assailed. General Scott had sent orders that it should not move until after the arrival of a downward train, which was expected here somewhat anxiously when I landed yesterday. It came in last night, having passed unmolested, al- though under a guard of ninety men only. This guard, consisting of a detachment of the United States rifle regiment, (Persifor Smith's,) which is the terror of the Mexicans, under the appellation of the "Malditos rifleros," will form part of the escort of the train to-morrow; the greater part of which has already gone off during the day, and will await the rest at Santa Fe, to make a fair start day after to-morrow morning. We shall probably be overtaken by Captain Ruff, (whose appearance is every way promising,) with a full company of the "United States rifles," the greater portion of which is here ready to move, and the remainder momentarily ex- pected. • You will readily conceive that my determination to go up with this body has been taken in consequence of the utter uncertainty as to the time when another equally safe opportunity might occur, however favorable the state of things above might be to the object for which I have been sent. It is impossible to obtain any satisfac- tory information in regard to what this state of things now is; (every man here, without exception, from the governor down — at Jeast among the officers holding responsible stations — having every moment of his time too urgently engrossed to permit to give his 155 [ 52 ] attention to anything but the duties of the moment.) I am induced, however, to believe that it would at the present instant have been favorable in a very high degree, if Santa Anna's defeat at Cerro Gordo could but have been a little less inglorious to himself per- sonally. And whether he be or be not forever prostrate, (which he is generally considered to be,) some other tangible head of the nation may at any moment arise, and the opportunity be lost if I iremain down here, particularly with the communications cut off. ' Colonel Wilson left it entirely to me to determine every point in regard to the despatches for General Scott; and the result of my consideration of the various alternatives that present themselves was, that they left here (including of course the letter to the min- ister of foreign relations) yesterday, about 5, p. m., in charge of Lieutenant Lacey, of the Tennessee dragoons; a picked officer, of most prepossessing appearance, accompanied by 40 picked men of the same regiment. This force I considered the proper medium for reconciling perfect safety with expeditious travelling; and the des- patches are before this time doubtless in the hands of Gen. Scott, (at Puebla, in all probability,} together with a letter from me, of which I had no time to take a copy. I was never more pleased with any man, on so short an acquain- tance, than I am with Colonel Wilson. The selection of him for this post was manifestly a most judicious one. It is, however, immensely arduous. One must be here to conceive how very ardu- ous — and not only be here, but be acquainted with the character and ways of the race over which he is governor. The remark is applicable to most other officers here, in any post of responsibility. With respect to the amount of toil they have to undergo, their position, compared with that of those in the field, is like the base of a pyramid compared with the top layers. Some of them are evidently overtasked; for instance, I deem it next to impossible that Captain Hetzell should hold out long in this climate, where head labor, (and, above all, head distraction, from numberless things claiming the attention in rapid succession,) when carried beyond a certain point, is the most killing thing that a man can be" exposed to — if he is not relieved from a portion of the labors by which I see him oppressed. I have not exchanged a word with him on the subject; but it is evident to me that they are entirely too much for any one man to stand up under long, in any climate. The only remedy for this would be to send out two or three truly capable and efficient men, really competent to subdivide the duties amongst themselves, and to discharge them. As to "quartermas- ters," there is no lack of them; but I have most sorry accounts of them, of which strong corroboration stares one in the face, all round. The new tariff went into operation yesterday. The plan of hav- ing the duties discharged by officers of the army, or persons at- tached to it, it, so far as regards this place, (and 1 believe it must de so at every base of operations,) entirely out of the question — a physical impossibility., for the present at least. On being consulted by Colonel W. — who appeared very much disheartened at this un- [52] 156 expected addition to his burden — I advised him to consider the sub- ject as being only in an especial manner under his control and supervision, and to let the work under the new tariff be done by the same persons as under the existing arrangements. That the au- thority to employ all necessary agents and instruments for their collection and safekeeping upon just and favr principles, (provided only they really be necessary,) is necessarily involved in the power to levy military contributions, js too manifest to my mind to admit of a word of rational argument on the subject. I was also con- sulted by Commodore Perry upon some new points intimately con- nected with the raising of a revenue from these people, which I will explain hereafter; and I unhesitatingly advised him to take the responsibility, or, in other words, to exercise, until he can re- ceive instructions on the subject, the power which is necessarily attached to his position. I am, sir, very respectfully, your obedient servant,* N. P. TRIST. Hon. James Buchanan, Secretary of State. P. S. — More recent intelligence respecting General Shields, as I am most happy to say, is every way satisfactory. He is at Jalapa, out of danger. [No. 4.] Jalapa, May 21, 1847. Sir: I have the honor to transmit herewith a very extraordinary letter, (if, indeed, anything from his pen can properly be so desig- nated,) received by me from General Scott, together with a copy of my reply and of a letter enclosing that reply. Although the explicit order delivered to him in the latter, on behalf of the President, with respect to the transmission of the communication from yourself to the minister of foreign affairs, may perhaps prove effectual, I beg leave to suggest for consideration whether it would not be advisable to despatch to General Scott a special order, through the War Department, confirming the one thus delivered by me; for, from the officer capable of writing such a letter, under any circumstances — and, above all, such as it was written in, so totally wanting in anything like provocation — I do not know what to anticipate or not to anticipate. Excepting a report which came in here last evening that Gen- eral Herrera had been elected President, and that thi^ event is con- sidered favorable to peace, no news whatever has been received here since my arrival. When we reach Puebla — for which I shall set out to-morrow afternoon with General Twiggs's division — I hope to have it in my power to give at least some account of political affairs and prospects, whether favorable or unfavorable. A youth from Guadalajara, who is here on his way to Vera Cruz to embark 157 [ 5.2 ] for England, tells me that in his native place (some 300 leagues nearly from Mexico) all are in favor of continuing the war, at least there is but a handful of trie opposite sentiment. But in the city of Mexico, where he passed a month, there is a very strong party in favor of peace. This I consider good evidence of the state of public opinion, on that face of it which is likely to catch the eye of persons of his class — intelligent and modest lads of the age of 17 or 18. I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. P. S. — On the occasion of transmitting this correspondence with General Scott, I should do him injustice, although he could not be injured thereby with any person at all conversant with his charac- ter, were I to omit to mention that, so far as " respect" for the government can be proved by such outward acts as bear the same relation to this sentiment which genuflexions and upturnings of the eyes bear to religion, nothing could have been more perfect than the proof afforded in my case of the sincerity with which he pro- fesses the established creed upon this point. Not only was I met on the road, as we approached the city, by General Scott's aid-de- camp and the chief of the quartermaster's department, deputed by him to conduct me to the quarters which he had caused to be se- cured for roe, but I was subsequently called upon by the governor, in compliance with orders from the general-in -chief, to offer me a guard, (which I declined, there being no necessity for it.) So far, therefore, as ceremonial goes, and attentions to my person, as that of M a functionary of the government," nothing could be added to the proof, which it receives in this shape, of respect for its authority. Head-quarters of the Army, Jalapa, May 7, 1847. ] Sir: I have just received your note of yesterday, accompanied by communications to me from the Secretary of War, and one (sealed!) from the Department of State to the minister of foreign affairs of the republic of Mexico. You are right in doubting whether there be a government, even de facto, in this republic. General Santa Anna, the nominal presi- dent, has been, until within a day or two, in the neighborhood of Oriziba, organizing bands of rancheros, banditti, or guerillas, to cut off stragglers of this army, and, probably, the very train, all im- portant to us, which you propose to accompany into the interior; the safety of which train has detained me here and caused me a high degree of solicitude. Hence I regret that Colonel Wilson, commanding at Vera Cruz, has allowed himself, a second time, to [52] 158 persuaded to detach, to bring up despatches, (for your accommo- tion ) a material portion of the force I had relied upon as the be escort of that train. The other detachment to which I allude came up some days ago to escort Lieutenant Semmes, of the navy, duly accredited by Commodore Perry, to the Mexican minister of for- eign affairs, to negotiate the exchange of Passed Midshipman Rogers now a prisoner of war. That matter, also, seems to have been considered too important to be entrusted to my agency! Eut, to return to the actual government of Mexico. Sefior An- aya is, I believe, president, ad interim. But you may have learned that the Congress, after hearing of the affair of Cerro Gordo, passed many violent decrees, breathing war, to the uttermost, against the United States; declaring that the executive has no power, and shall have none, to conclude a treaty, or even an armistice, with the United States, and denouncing as a traitor any Mexican func- tionary who shall entertain either proposition. I have communicated a copy of those decrees to the War Department, and, until further orders thereupon, or until a change of circumstances, I very much doubt whether I can so far commit the honor of my government as to take any direct agency in forwarding the sealed despatch you have sent me from the Secretary of State of the United States. On this delicate point, however, yau will do as you please; and when, if able. I shall have advanced near to the capital, I may, at your instance, lend an escort to your flag of truce; and it may re- quire a lar.ge fighting detachment to protect even a flag of truce against the rancheros and banditti who now infest the national road, all the way up to the capital. I see that the Secretary of War proposes to degrade me, by re- quiring that I, the commander of this army, shall defer to you, the chief clerk of the Department of State, the question of continuing or discontinuing hostilities. I beg to say to him and to you, that here, in the heart of a hostile country, from which, after a few weeks, it would be impossible to withdraw this array without a loss, probably, of half its numbers by the vomito, which army, from necessity, must soon become a self-sustaining machine, cutoff from all supplies and reinforcements from home until, perhaps, late in November — not to speak of the bad faith of the government and people of Mexico — I say, in re- ference to those critical circumstances, this array must take military security for its own safety. Hence, the question of an armistice or no armistice is, most peculiarly, a military question, appertaining, of necessity, if not of universal right, in the absence of direct in- structions, to the commander of the invading forces; consequently, if you are not clothed with military rank over me, as well as with diplomatic functions, 1 shall demand, under the peculiar circum- stances, that, in your negotiations, if the enemy should entertain your overtures, you refer that question to me, and all the securities belonging to it. The safety of this army demands no less, and I am responsible for that safety, until duly superseded or recalled. Indeed, from the nature of the case, if the enemy, on your petition, 159 [ 52 ] should be willing to concede an armistice, he would, no doubt, demand the military guaranty of my signature, for his own safety. Should you, under the exposition of circumstances I have given, visit the moveable head-quarters of this army, I shall receive you with the respect due to a functionary of my government; but whether you would find me here, at Perote, Puebla, or elsewhere, depends on events changeable at every moment. The sealed despatch from the Department of State I suppose you to desire me to hold until your arrival, or until I shall hear farther from you. I remain, sir, respectfully, your obedient servant, WINFIELD SCOTT. N. P. Trist, Esq., #c, #c, 8fc. Jalapa, May 20, 1847. Sir: The enclosed reply to the tirade against our government, which you saw fit to put into the shape of a letter to me, (I regret exceedingly that it did not receive a more appropriate form and direction, by being made up, at once, into an "article" to adorn the columns of some reckless partisan press,) was commenced at San Juan del Rio; where, after taking time to recover f*oni the amazement which your letter occasioned, and coolly to reflect upon its extraordinary character — as I have repeatedly done since on the journey — I passed nearly the whole night in writing, so desirous did I feel to dismiss the unpleasant subject from my mind. Hav- ing motives also for wishing that my reply should reach you be- fore my arrival here, I purposed finishing it at the first place where it could be resumed. With this view, when we reached El Encero, I got out my writing materials, intending to pass the greater part of the night in this labor, and that of taking a copy. This design having, however, been defeated by the alette, which we had there just about sunset, causing Col. Riley to order the advance of the train with which I was to retire from its position in and around the house and out-buildings; the completion of my task has, from this and subsequent causes, been unavoidably delayed until now. I was, most assuredly, not sent to Mexico for any such purpose as that of engaging in a correspondence with you; above all, in one of the nature of that which I have so unexpectedly found forced upon me; and I doubt whether the government will approve of my having allowed myself to employ any portion of my time in it. Certain I am that this would be censured, but for the fact that your letter found me under circumstances rendering it impossible that I should occupy myself upon the object for which I was sent here. The same excuse will not exist hereafter; and even if it should, num- berless other good and sufficient reasons will always exist to com- pel me to decline the honor of maintaining a correspondence with you. The communication from the Department of State to the Mexi- [ 52 ] 160 can minister of foreign relations, transmitted to you by me from Vera Cruz has been returned to me, since my arrival at this place, by your military secretary, Lieut. Lay. So soon as I shall be en- abled to ascertain that the' condition of the government of this country is such as to admit of its delivery, it will be again placed in the hands of the general-in-chief of our forces, for that purpose. Upon recurring to your letter, I find both its tone and its matter, with respect to the transmission of this communication, so perfectly in keeping with the rest of it, and especially with the light in which you have seen fit to consider me — that of an emissary of the Secretary of War, through whom and to whom you may "say" whatever your honor suggests — that I deem it necessary to make a special endeavor, in regard to this very important point, to bring down your thoughts from the lofty regions into which they have soared, to the one alone appropriate to such plain matters of" busi- ness as I am charged with. You say that some time hence, perhaps, "I (you) may, at your (my) instance, lend an escort to your (my) flag of truce; and it may require a large fighting detachment to protect even a flag of truce against the rancheros and banditti," &c. Now, sir, in reply to this, all I have to do is to deliver to you — as I hereby do in writing — (and this for the second time, unless my firSt letter was far more" enigmatical than I believe it could seem to any honest men, who, upon their conscience and honor should be called to respond to the questions, whether you had or had not, in this instance, been guilty of a wanton contempt of orders; and whether this offence had or had not been aggravated by the character of the pretences under which the contempt was indulged in, and the contumacy sought to be covered up)— I have, I say, sir, to deliver to you this message from your commander-in-chief, the President of the United States, to wit: u When the communica- tion, bearing the seal of the Department of State, and addressed ( to his excellency the minister of foreign relations of the Mexican republic,' shall be placed in the hands of the general-in-chief of the United States army in Mexico, it is the will, order, and com- mand of the President of the United States, that the said commu- nication shall forthwith be transmitted to its destination under a fag of truce; which flag of truce is to proceed from the head- quarters of the army, and is to be a flag of truce from the ger.eral- in-chief. It is to be protected by such escort as the general-in- chief shall deem, necessary and proper for its security against all dangers of the road in general, (i?icluding those from 'rancheros and banditti,'' in particular.} Whether the escort necessary and proper for the purpose shall, in the judgment of the general-in- chief, be a corporal's guard, a company, a regiment, or a brigade; such necessary and proper escort, whatever it may be, is to be fur- nished. The President, at the same time, commands that the general-in-chief shall not, for the sake' of carrying out this order, do aught which may jeopard the existence of the army, or interfere with any movements or operations whatever which he may deem necessary or expedient for the most vigorous possible prosecution of 161 [ 52 ] the war. The transmission of the communication above referred to is at all times to be deemed a secondary consideration to any of those just mentioned; but it is also to be deemed at all times para- mount to every thing else, and, so far as may be compatible with them, the utmost attention is demanded to it. ,J This, sir, is the order and command of the President of the Uni- ted States, which — standing as I do to him, for this special purpose, in precisely the same relation that one of your aids-de-camp bears to yourself, when entrusted with a verbal order from you to a sub- ordinate officer — I do hereby convey to the general-in-chief of the army. You will now, sir, I trust, understand, when the communication referred to shall again be placed in your hands, that greatly de- ficient in wisdom as the present (and indeed any democratic) ad- ministration of the government must necessarily be, it has not, in this particular instance, fallen into so egregious a blunder as to make the transmission and delivery of that communication depen- dant upon the amiable affability and gracious condescension of General Winfield Scott. I am, sir, very respectfully, your obedient servant, N. P. TRIST, To Major General Winfield Scott, General in-chief of the U. S. Army in Mexico. Bivouac at San Juan del Rio, May 9, 1847. Sir: Your letter of the 7th instant, directed to me at Vera Cruz, and transmitted by Captain Kearney, has met me at this place, on my way to the head-quarters of the United States army in Mexico, where my instructions require me to be, and for which 1 set out from Vera Cruz yesterday, in company with Captain Gray- son, of your staff, a gentleman to whose kind attentions I am already much indebted. In the exercise of the discretion left me, as to the precise time for proceeding to head-quarters, I should probably have decided upon remaining at Vera Cruz, until I could obtain some definite information respecting the aspect which things now wear with reference to the object of my mission, had it not been for the infor- mation confidentially communicated to me by the governor of Vera Cruz, confirming, (as your letter again does,) the correctness of the impression which I found generally prevalent there, that, after the passage of this well guarded train, all communication between our army and the seaboard would probably be cut off, and remain closed for some time. This consideration, joined with my utter- want of all means of judging at what moment a juncture might be likely to occur, when every thing, so far as regards the re-estab- lishment of peace between the tw T o countries, would depend upo& my being on the spot, ready to carry out my instructions, with* 11 [ 52 ] 162 the loss of a single day, determined me to set out forthwith. My short slay at Vera Cruz had, consequently, to be employed in making the requisite arrangements for leaving with the train, (the departure of which was to take place on the morning after my arrival, though it did not occur till a day later,) instead of being o-iven, as it otherwise would have been, to the examination of files of the Mexican papers for the last five or six weeks; whereby alone my entire ignorance of all political events since the capture of Vera Cruz, and indeed for some time previous, could have been dispelled; for I found all our officers at that city so engrossed by tbe urgent demands upon their attention which are every instant arising, that the only intelligence elicited by my inquiries was, that every thing was in the utmost confusion, and that a new presi- dent had been elected in place of Santa Anna, and in utter disre- gard of his title to the office, under the election of last year. No one acquainted with the history of this country could be sur- prised at such a proceeding, and I took for granted that it had happened exactly so, until I learned from your letter that this new president is merely a "president ad interim," not intended to supersede Santa Anna, the latter being still "the nominal presi- dent," in other words, the recognised head of the government. The frantic decrees of the Mexican Congress which you mention, I had never before heard of, although, if your letter had found me still at Vera Cruz, it would most certainly not have had any such effect as that of deterring me from proceeding into the interior, and causing me to abandon all idea that my presence there might possibly W of use. In themselves, such insane proceedings could have had no force whatever upon my mind in forming an estimate of the probabilities of peace, and, in my endeavors to judge of the weight to which they might be entitled from concurrent circum- stances, I should not have lost sight of the fact, that it was from the Mexican Congress that these brute fulminations had proceeded; the same body, who, calling themselves the representatives of the people, and with "God and liberty" for their motto, had allowed their country to be crushed under a domestic military tyranny, "ar more grinding than the Janissary oppression inflicted upon the Greeks by their Moslem conquerors. Upon despatching to you the hurried note written a few hours after my arrival at Vera Cruz, I did not at all anticipate, sir, that a written correspondence was to arise between us, or that any communication whatever would be made on your part until I should have the pleasure of congratulating you in person upon the bril- liant success which has attended your movements. Your letter, however, is one which cannot remain unanswered. It imposes upon me the duty at once to reply to it by a written correction of the misconceptions which, to my very deep regret, no less than exceeding surprise, have, from some cause or other, taken posses- sion of your imagination upon the receipt of my letter. The first of these in importance is the one evinced by the re- marks, in the course of which you say: "I see that the Secretary of War proposes to degrade me, by requiring that I, the commander 163 [ 52 ] of this army, shall defer to you, the chief clerk of the Department of State, the question of continuing or discontinuing hostilities." Upon this point, sir, I have to state that the order conveyed to you in the letter of the Secretary of War, did not originate with that officer, but emanated from him, who, if the constitution of the United States be anything but an empty formula, is "the com- mander-in-chief" of "this army," and of the whole armed force of the United States, in whatsoever quarter of the globe it may be directed to operate. In the present instance, this fact is positively known to me, and had it not been so, I should still, slight as is my acquaintance with military affairs, have taken it for granted, for I do not recollect ever to have heard of an instance, in which an im- portant order issuing from the War Department, above all 3 one manifestly founded upon executive determinations respecting our foreign relations, was ascribed to any other source, or in which a disposition to treat such order with contempt sought to shelter itself under any such cover as the pretence that it was regarded as the mere act of the Secretary of War. Commodore Perry, to whom the same identical order was issued through the Navy Department, and with whom I had a conversa- tion on the subject, did not see in it anything at all extraordinary. This, however, may have been caused by his being less habitually vigilant of, or less gifted with discernment in regard to, the honor of his branch of the public service. Or, perhaps, this want of penetration on his part may be attributable to his not having equal reason for believing his own personal consequence to be so exces- sive, and the influence of the Secretary of the Navy to be sc over- whelming, that for the mere sake of affording indulgence to the personal envy and malevolence of the latter, in the very vilest shape in which these base passions can manifest themselves, a most important measure of the government (belonging obviously to the branch of public duties appertaining to the Department of State, and having no reference to the functions of the War Department) was deliberately planned and decided upon, and a confidential diplomatic agent despatched post haste from Washington, with a communication for the Mexican government. Thus much in regard to the author of the degradation supp ned "by you to be involved in this order. With respect to the degra- dation itself, and the imagined necessity of your deferring to me on u a military question," the following passage in my instruc- tions (instructions which, in making the full explanation referred to in my first letter, it was my intention to submit for your peru- sal) will, suffice. It shows that "the question of continuing or discontinuing hostilities," so far from having been in any manner committed to my discretion, is one which ihe President, in the discharge of the duty which he owes to our country, has judged proper to reserve entirely to the chief executive authority of our government: "If the contingency shall occur, on the happening of which, as provided by the third article of the proposed treaty, hostilities are required to be suspended, you will, without delay, communicate this fact to the commanders of our land and naval £ 52 ] 1G4 forces, respectively, the Secretaries of War and of the Navy having already issued orders to them for the suspension of hos- tilities, upon the receipt of such notice from yourself." It is here seen, that the object of the order, thus provisionally issued to the commanders of our land and naval forces is, simply, that they shall cease to wage war upon Mexico, on the occurrence of a certain contingency. This contingency, as it was inttnded that you should be fully informed, by the exhibition of the pro- posed treaty, immediately upon my reaching head-quarters, is ? the ratification-, by the Mexican government, of a definitive treaty, establishing peace between the two countries. No power or discre- tion whatever — no shadow of any such thing, is vested in me, with respect to the suspension of hostilities. So far as this measure is connected with my mission, or can by any possibility grow out of my mission, it cannot take place except upon the occurrence of a "state of things strictly defined by the President. A treaty of peace and amity, such as I am empowered to make, must first be concluded, and not only concluded, but ratified by Mexico; and then, upon notice of this state of things, given by me to the re- spective commanders, the order for the suspension of hostilities is to come into force, thi3 order being the President's order, emana- ting from him, through the appropriate departments, and not my order. To represent it as mine, strikes me as being no less obvi- ously erroneous, than it would be to state that the generals of the army under your command had been subjected to the authority of your aids-de-camp, and required to "defer" to them, because you had issued an order requiring the former to execute a particu- lar movement, previously prescribed by yourself, whensoever they should receive from the latter a notice or direction to that effect. And the error would be no less palpable, if, instead of the course pursued by the government, in issuing to yourself and to Commo- dore Perry the provisional order which you have received, the President had judged it to be expedient and necessary that you. should never hear of the proposed treaty until it should have been ratified on the part of Mexico, and I had been instructed then to notify this fact to you, and to require you, in his name, to suspend hostilities. So long, then, as the two countries shall continue to be in a state of war, the operations of our forces in Mexico cannot, by the re- motest possibility, be affected by the fact that I am charged with i;he duty of making that notification. So far as those operations are concerned, the case now stands, and cannot but continue to stand, precisely as if negotiations for peace had taken place at Washington, and as if no order for the suspension of hostilities had issued until after those negotiations had been brought to a suc- cessful close. The only difference which can result from our gov- ernment's having a diplomatic representative on the spot, is, that the restoration of peace may possibly be thereby hastened. And the only difference made by this agent's being instructed tc give notice of its restoration, (instead of waiting till this could; travel from Mexico to Washington, ai,d back again from Washing- 165 [ 52 ] ton to the army,) is, that the calamities of war would be arrested a month or two, or more, the sooner; and that this very conside- ration might, in itself, be the cause of peace, by determining the enemy to conclude a treaty which, otherwise, he would be unwil- ling to enter into. On your part, sir, above all other men, this certainly could not be objected to; for, unless my memory deceives me, our batteries before Vera Cruz were, in your official despatch, reported as being in "a state of awful activity," an epithet which struck me at the moment as being a somewhat unusual one in artillery technicals, although the National Intelligencer very scon afterwards accounted for it to my entire satisfaction, by the assurance which it gave our country, that you are "distin- guished for humanity," an assurance which receives the strongest possible corroboration from the little word thus inadvertently dropped from your pen. In a word, sir, the course determined upon by omr government, respecting the suspension of hostilities, is what any man of ( plain, unsophisticated common sense would take for granted that it must be; and it is not what your exuberant fancy and over cultivated imagination would make it. The question truly presented by it, and it would require very skilful sophistry, indeed, to make our country- believe that this could be otherwise than obvious to any man oc- cupying your position, is not whether the immediate command and direction of the United States forces in Mexico is to continue to reside in the senior officer of the army present, or is to be transfer- red to some person not belonging to the army. The question is, whether the government of the United States is to be permitted by General Winfield Scott to discharge its international functions and duties in its own way, and by agents of its own selection, when he may have taken a fancy to relieve it of the trouble of attending to them, by himself settling the preliminaries of peace, in adjusting the terms of that "armistice" with regard to which he has judged proper so vehemently to assert his own exclusive competency. It may be remarked, that, even if the order thus prospectively given oy the President, instead of having reference to a notice of the happening of ? certain anticipated possibility, (which it was deeme:! expedient and necessary not to refer to specifically in the order,) had directed that hostilities should be suspended upon the receipt of a requirement from a secret and confidential agent of the government; even in this case, a genuine, as contradistinguished from a merely verbal or formalry "respect" for the authority of the constitution, would be likely to suggest to any commander receiv- ing such order and habitually entertaining such genuine sentiment, at least to abstain from all premature determinations to treat it as a nullity. He might, through love of country and forgetfulness of self, make up his mind, should the order take effect under circum- stances rendering it destructive of the public weal, then to disobey it. But he would scarcely show haste to make a parade of this de- termination, or to set to his army an example of insubordination by any unnecessary disclosure of even this contingent intention be- fore those circumstances had become matter of fact and of positive [ 52 ] 166 knowledge, and whilst they had as yet not ceased to be the coin- age of an imagination ready to impute to the chief magistrate elected by our country — aided in his deliberations by the eminent citizens whom he had called around him for the purpose — a course of proceeding so imbecile as to awaken surprise that the bare pos- sibility of its having ever been contemplated by them should sug- gest itself to any sane mind. 3 With regard to the choice made by the President of the person to be charged with the measures dictated by him for bringing about the state of things whereof notice is thus to be given, I, sir, do not entertain a doubt but that far better selections might have been made; and that it has fallen upon myself solely in consequence of the peculiar circumstances of the juncture. Among these far bet- ter selections, the best of all, perhaps, would have been the present commander of our land forces in Mexico. This would have been attended with one advantage, at least, that of precluding all danger of this attempt to restore peace being rendered abortive by collis- sions in regard to "military rank." But if the President has proved himself not duly sensible of this consideration, added to the many others, which should doubtless have weighed with him in favor of the appointment now referred to; and should he hereafter have cause to repent that he did not make it, no part of the blame can ever attach to me, for he knows that the sin thus committed by him was not in any way participated in by me, except so far as my con- sent, in reply to his own spontaneously expressed wish, no less un- desired than unsought on my part, may have made me one of the guilty. My instructions (which, as has already been stated, I am author- ized to make known to you, and had intended to exhibit to you) show that no ground exists, either for the supposition you have made, that the object for which I have been sent here is, to " petition'' 7 the enemy to " concede an armistice," or for the apprehension which you express, that the communication from the Secretary of State of the United States of Jlmerica ! to the Mexican Minister of foreign relations, may be of a nature to u commit the honor of" the gov- ernment of our country; although this patriotic solicitude, most assuredly cannot fail to be duly appreciated by that country, and most especially by all sticklers for military subordination within the army, and for the strict enforcement of the respect due from the military to the civil authority. Equally groundless will be found to be the supposition that " the chief clerk of the Depart- of State" can have been taken from his desk, and sent to the seat of war in the heart of the enemy's country, " clothed with milita- ry rank over" the senior officer of the army of the United States! The propriety of its finding a place in the reply of that senior officer to the communication which, in the discharge of the duties confided to me, I found it necessary to address to him, is a point which does not call for remark from me. The merits of this jeu d'esprit, as a specimen of delicate and refined irony, so peculiarly appropriate, too, in reply to a letter so offensive as mine, I wil- lingly leave to the good taste and good feeling of our countrymen. 167 [ 52 ] They will not fail to do justice to it also, as a model of the re- spect due by all public servants to the office and the authority of the President of the United States. The communication from the Secretary of State to the Mexican minister, in regard to which you express surprise, (or perhaps in- dignation may be the meaning of your note of exclamation,) that it should have been enclosed to you for transmission " sealed," was so sealed because it was deemed proper that it should bear the seal of the Department of State of the United States; and in this there was no departure from the established practice in similar cases. It was intended, however, that you should be made acquainted with its contents, as well as with every thing else relating to the subject, by means of the copy in my possession; and I had supposed that this intention was sufficiently expressed in my former letter, though from the haste in which it was written and despatched, (and which did not allow me to retain a copy,) it was doubtless very imperfect in more than one particular. But, had no such intimation been given, and had no such intention existed, the doctrine which should deny to the government of the United States the right to send to its agents or officers abroad, civil or military, for transmission to fo- reign governments, any communications which it might be deemed necessary to make, and in such state, sealed or unsealed, as it might be deemed appropriate to the occasion, such a doctrine would, so far as my very limited knowledge extends, be a most extraordi- nary innovation in the conduct of public affairs. Nothing is more common than to send naval commanders, of any and every rank, to sea with u sealed orders;" which, although addressed to themselves^ and relating to public interests entrusted exclusively to them, they are required not to open for weeks or months thereafter, or not at all, except upon the occurrence of a certain contingency. And if this be considered as not affecting their honor, and as not giving them the right to take their government to task, either by the de- vice of notes of exclamation or by less condensed modes of ex- pression, it strikes my poor judgment as following, a fortiori, that no such right can arise from the transmission, through them, of a sealed note to a foreign government, upon matters totally distinct from their own professional duties. The haste in which the communications for the Mexican minister of foreign relations was despatched to you, arose from the utter uncertainty in which I found myself, whether the state of things then existing in the interior might not be such as to present a crisis, rendering it of the highest importance to our country, and to Mexico likewise, that the moment should be seized for the delivery of that communication. It w r as the President's intention, when I left Washington, that it should be delivered immediately upon my arrival in this country, and that it should forthwith be placed in the hands of the general-in-chief of our forces for this purpose. By transmitting it to you, and making the intention of the President known, my duty in regard to it is fulfilled. At the same time, had I been aware that the circumstances of the moment were decidedly unpropitious for its delivery, I should have deemed it my duty^ [ 52 ] ' 168 perhaps, to retain it, or at any rate to recommend, at the moment of placing it in your hands, that its transmission should be delayed until a favorable change should occur, or at least until further in- structions could be received. L ; • ^, ,,*: Under this view of the subject, I do not regret that its transmis- sion has been delayed until I shall have reached Jalapa; although I cannot, I must confess, assent to the correctness of the ground upon which your determination thus to delay it is placed. It is impossible for me to perceive how it could have been inferred, from the extreme anxiety evinced by me to transmit that communication to you at the earliest possible moment, that it was contemplated by the instructions under which I so acted, that you were to retain it until my arrival at u the moveable head-quarters." [No. 6. J Puebla, Jane 3, 1847. Sir: To-day, about 12 o'clock, I accidentally learnt from one of the officers who visited the house where I am staying, (General PersiforSmith's head-quarters^) that a train is to leave this place for Jalapa to-morrow morning. This intelligence found me en- gaged in the examination of a number of Mexican papers, of strag- gling dates, from the 1st to the 11th ultimo, the first which I had been enabled to obtain since my arrival here on the 29th, although I had authorized a person who I knew would omit no effort to ac- complish the object, (for he has himself a deep personal interest in the matter,) to pay any price within reasonable bounds for a fileof papers embracing the last two months. He yesterday found, in a stable, and brought to me, one half of the "Republicano" of the 10th May, which he conjectured had been dropped there by some Mexicans who had just come in from that direction with horses, and from whom he subsequently succeeded, through the agency of the landlord of the inn, in obtaining, at half a dollar a piece, the papers above mentioned, eleven or twelve in number, which he brought to me late last night. They afford the only means which have come into my possession of forming an idea of what has been, or may now be, going on at the capital. The ignorance on this subject seems to be universal and entire. Even ********** ? w ho has acquaintances in all these parts among the most intelligent business men, and whose long residence in the country has qualified him for finding out and un- derstanding what is taking place, is completely in the dark, unable to tell me what is the meaning of this presidential election, which was to take place on the 15th ultimo, and which is now spoken of as not to be decided until the 15th instant. Such passages in the papers referred to, as seemed to shed a glimmer of light upon the prospect ahead, I have made translations of, which are herein enclosed, on six closely written pages. I enclose, also, a letter addressed to me by a gentleman, whose .name will be communicated hereafter. Being struck with the 169 [ 52 j clearness and comprehensiveness, as well as the justness, of the views expressed by him in conversation with me, I requested him to commit the substance to writing, which he has obligingly done. I beg leave to call your attention to the part relating to the point below the Paso del Norte, to which he attaches great importance in a military point of view. If deemed proper, the boundary de- fined in my instructions might easily be modified in accordance with this suggestion, (as far as regards that post,) by saying, "up the middle of the Rio Bravo to the 32d degree of north latitude; thence due west to a point due south of the southwestern angle of New Mexico; thence due north to the said angle; thence along the western boundary," &c. I will add, that he has not the slightest idea of what my instructions contain on this or any other subject. I have been occupying part of my time here in making a cipher, which I shall probably have" frequent occasion for. A duplicate and key can be made at the department, by sending to my daugh- ter for a copy of the smallest of the books (there are several at my house) which she packed up for me, the work of our old instructor, who was sent to Spain as consul. Let the letters o.f the prefatory address "To the British nation," (excluding this title,) be num- bered from one onwards, until every letter of the alphabet is reached except z, (which I represent by zero.) Each of the letters, with a few exceptions, has three numbers corresponding to it. I have the prospect of a confidential interview with a most im- portant personage here, through whom a knowledge (a very limited one, of course) of the object of my mission may be imparted to the most influential power of the State, and to- all disposed to co- operate with them. They are evidently beginning to be seriously ■alarmed, and a plain statement of facts, as to the certain conse- quences T orte, and then following out that parallel of latitude to the Pacific, or gulf of California, as the case may he; hut if it intersects the main stream of the river Gila, then to fellow that to the gulf. This would give us all the pons we de- sire on the Pacific; and at Paso del Norte, which is the first very fertile spot on descending the river, could be established the main post for defending that frontier: the line from that to the gulf of California, being very mountainous, would require but few troops. Another line suggested is from Tampico, by Megianetzin, San Barbara, Tula, Labradores, Sahillo. Parras, and the upper part of Siholoa: this is a strong line, by posting troops at Victoria, Linares, Monte Morelos, and Monterey, and occupying the advanced points in the mountain passes in front of them. It includes a vast and rich country, with many inhabitants. It is too much to take. The population is mostly as dark as our mulattoes, and is nominally free, and would be actually so under our government. The north would oppose taking it, lest slavery should be established there; and the south, lest this colored population should be received as citizens, and protect their runaway slaves. I do not think a treaty, inclu- ding that territory, would be ratified by the Senate; much less would the occupation and government of it, without treaty, be au- thorized by a law. I will, therefore, assume the Paso del Norte line as that to be finally taken, and now go back and inquire — When can we with "honor'" place ourselves on this line? I assume that if negotiations are not opened on the conclusion of the pending elections in Mexico, there will be no peace. I will also assume that Congress will never authorize the raising of an army of one hundred and twenty thousand men, necessary to oc- cupy and govern all the States of Mexico as a conquered territory. A force of ten thousand men, exclusive of garrisons and sick, can successively march to and occupy all the principal cities, but to no advantage to ourselves; for, occupying the territories either by the large force simultaneously, or successively by the small one, will end by debasing the morals of the soldier, and teaching habits of plunder and rapine. It remains, therefore, to fix the period at which (there being no hope of peace) we can with " honor' 1 '' abandon the plan of invasion, having obtained all the advantages it can afford, and take up the new system, less expensive and more convenient to ourselves. 1 fix that period at a proper interval after the entry of our army into the city of Mexico. When we have accomplished that act, we can say to the Mexican people — You have upbraided us with attacking your remote and thinly populated districts, and have threatened, when we approached your large cities and populous valleys, to meet us and drive us back into the sea: we have accepted your challenge: we have attacked and captured your strongest fortresses: we have met your best appointed armies, and defeated them: we have marched through your largest cities, and at 300 miles from the sea have entered your capital, and now stand with our feet on your very floors; we have done all that the honor of our name de- manded; and now, after all these successes, offer you the same lib- [52] 172 eral terms of peace that were at your disposal before you tried the fortunes of war. Will you now accept them? If you do not, we have no more proposals to make, but shall henceforward pursue a system solely dictated by our rights and our convenience. If, as would probably be the case, this offer be refused, General Taylor should be directed to send that part of his force intended to be placed on the line, by the way of Parras and Chihuahua, to Paso del Norte and Santa Fe. This army should, at its leisure, fail back so as to occupy Perote, La Hoya, and Jalapa, in Septem- ber, and, despatching all the sick and extra stores in advance, reach Vera Cruz in time to embark the beginning of November; part of the boundary line, by the way of the Rio Grande, and the rest for the different Mexican ports on the coast; all of which should be garrisoned by our troops, sustained by the navy. This boundary and these posts on the seacoast can be maintained at a cost very little beyond what the army will require if peace be made, and will be a constant pressure on Mexico, which may finally bring her to reason. But it is absolutely necessary that this change of system should be in the first place preceded by our occupation of the city, lest it be attributed to a failure on our part in the in- vasion, and should not be delayed so long after that success as to appear to have been chosen only on discovering our inability to select and execute something preferable; it must come in as part of the plan adopted from the begining, and carried out in the face of all opposition, without variation. [Referred to in Mr. Trist's No. 6.] Head-quarters of the Army, Puebla, May 29, 1847. Sir: Your long studied letters of the 9th and 20th instant, making 30 pages, in reply to my short note of the 7th, were handed to me under one cover at Jalapa. the morning of the 21st, when you knew, being on the spot, that I was about to march upon this place. Occupied as I was with business of much higher importance, I did not allow the seal of the package to be broken till the evening of the 22d, which I took care to have done in the presence of many staff officers. One of them, at my instance, read a part and re- ported to me the general character of the papers. I have not yet read them. My first impulse was to return the farrago of insolence, conceit and arrogance to the author ; but on reflection, I have determined to preserve the letters as a choice specimen of diplomatic literature and manners. The Jacobin convention of France never sent to one of its armies in the field a more amiable and accomplished instrument. If you were armed with an ambulatory guillotine, you would be the personification of Danton, Marat, and St. Just, all in one. You tell me that you are authorized to negotiate a treaty of peace with the enemy — a declaration which, as it rests upon your 173 [ 52 ] own word, I might well question; and you add, that it was not in- tended at Washington that I should have anything to do with the negotiation. This I can well believe, and certainly have cause to he thankful to the President for not degrading me by placing me in any joint commission with you. From the letter of the Secretary of War to me, of the 14th ul- timo, I had supposed you to be simply authorized to propose, or to concede to the enemy, the truce or armistice which usually pre- cedes negotiations ior a peace, and my letter to you was written on that suppusition. If the terms of military conventions are left to me, the ettrnmander of the army, I have nothing more to desire or to demand for its safety. In conclusion — for many persons here believe that the enemy, 20.000 stiong, is about to attack this place — I have only time to ask you, in your future communications to me to be brief and purely official; for if you dare to use the style of orders or instructions again, or to indulge yourself in a single discourteous phrase, I shall throw back the communication with the contempt and scorn which you merit at my hands I remain, sir, officially, &c, To Nicholas P. Trist, Esq., tfC.j Src, tyc. WINFIELD SCOTT. A true copy GEO. W. RAINES, Lieutenant, and A. A. D. C. From the " Bulletin of the Democracy," — Mexico, May 1, 1S47. [This is a new paper, violently opposed to Santa Anna. J " GENERAL BASADRE. " We have just learnt that this gentleman has set out to-day for the States of the interior, and we have heard some unfavorable comments on the subject. It is said," &c, [here some remarks upon the general's conduct on previous occasions.] " And what, it is now asked, may now be the mission of General Basadre? The replies are various, and even contradictory, al- though most of them are to the effect that he goes charged by the ministry to negotiate in certain States to bring their authorities to consent not to oppose ike foreign mediation which the government Las it in contemplation to admit; to dispel the impressions which the disaster of Cerro Gordo may have caused against General Santa Anna, so that the legislatures may elect him president; and fina!]y, if las election should prove impossible, to negotiate, in order that it ma/ fall upon some person who shall be under the exclusive in- fluence of the peace party, as are Ocampo, Elorriaga, and Anaya. Unhappy country!" [52] 174 FOREIGN MEDIATION. i( The Diario del Gobierno has recommended, in good terms, that this shall be admitted; and it is added, by public report, that Mr. Minister Baranda is the author of the article in which this mediation is indirectly recommended. Be on the alert, ye legislatures and governments of the States." From the same paper — May 4, 1847. "IMPORTANT— FOREIGN MEDIATION. " In our two last numbers we have informed the public of the advanced steps which were being taken in this most grave business, in which the ministry did not appear to be pursuing the straightest and most becoming course. The report of the committee (of which Messrs. Otero and Lafragua form part) recommending that the pro- ceedings on the subject of the mediation offered by the English government should be referred to the executive, in order that this branch of the government should determine upon the subject, in accordance with its faculties — which, in truth, amounted to saying i let the mediation be admitted.' This report having been rejected by the house, it now appears that the government, consulting nothing but its incapacity, its supineness, and its want of courage, and above all its audacity towards the Mexican people and its de- bility towards the enemy, has resolved to venture the whole, and under its own responsibility to accept the said mediation. Serior Baranda, as is affirmed, is the man who has loaded himself with this responsibility, instigated by Santa Anna; and sure that al- though he may sell and sacrifice the country, he wili enjoy the same impunity that he did for the famous decree of the 29th No- vember. " Senor Anaya has been dragged to the brink of the precipice, carrying the courtry with him. lt We knew, and we know, that Sefior Anaya cannot be a fit president for a time of war; as neither can Elorriaga or Ocampo, nor any other over whom the peace party exercises exclusive influ- ence," &c, &c, &c. From El Republicanc — Mexico, May 10, 1847.— Leading editorial. " PRESIDENCY OF THE REPUBLIC. " The popular election of the high functionaries of the State has, In some cases, the disadvantage, in others the advantage, of being the result of the impressions by which the multitude are affected at the moment," &c, &c, &c. " By the decree of the 1st of April of this year, the State legislatures are to proceed to the election of president of the republic on the 15th of the present month, (May.) The circumstances under which this important act is to be performed could not be more grave or solemn. The republic panting in a struggle of life or death, the army destroyed, the 175 [ 52 ] greater part of her territory occupied by the invader, the very capi- tal closely threatened, in no case," &c. &c. " So that if we attend solely to our critical state, the approach- ing election of president might appear a matter of great delicacy but upon taking a broader view of the subject, it is easy to per- ceive that it offers at present fewer difficulties, fewer conditions to fulfil, than under other circumstances incomparably Jess sad than the present. Because, in the first place, the signification which should be attached to the election of our first magistrate is simple, for this is the character of the great question which now pre-occu- pies all minds. Peace or war is the only thing which, at the pre- sent day, is to speak the character of the person to be elected to govern us. Peace or war is the first question now agitated, and before the urgency of which all others have disap eared. Peace or wa r . therefore, is what the result of the election is 5 sonify. '• Inasmuch as the discussion of the project of a constitution is already far advanced and about to close, the continuance in office of the President now to be elected will, according to every pre - bility, be exceedingly short; and consequently it is no- -.. rv , with reference to the future, even to take into consideration the political creed upon other points which may be held by the chief magistrate whose election is impending. Happy shovfd ice be, if, during the ephemeral existence which is allotted to him, we could be exposed to the risk of his occupying himself upon other subjects, in consequence of his having first brought to a happy end the war in ichieh we are now straitt i; 2sor must we allow ourselves to be governed by such an error as would be that of seeking for a man whose qualities should cor- rerpend to the difficulties of the circumstances. If this were the lem, we should confess that the acts oi the legislatures should come in blank; for we do not know, the nation does not know, the man wtiose high personal qualities are equal to cope with the pre- cipitancy and violence of the events of the day. But we must not deceive ourselves. They are not to be controverted bv one man, but by the whole country; and therefore what we should seek for Is a candidate who, desiring the confidence of the ceuntry, can cause it to ri^e (the whole of it) at his voice; one who will not meet with invincible resistances from any of the parties existino- among us, and who therefore shall be able to bring into play all the elements of resistance which reside in the nation. ' ; Thus it is that the signification which, according to our view of the matter, should be attached to the election of President, is sim- ple and easy to be found; for the determination in favor of war is now general, even amongst many of those who formerly were for peace," &c, &.c, &c. [52 176 From the same paper — Mexico, May 11, 1847. "National Congress, session of the 29th April, 1847. — The dele- gation from the State of Chihuahua presented the following pro- test, &c. i Pretest of the permanent delegation of the State of Chihuahua: 'The delegation from the honorable legislature of,' &c, 'with a view to saving the rights and interests of their constituents, protest before the nation and the whole world against the force of the United States, which has invaded the territory of the Slate,' &c, &c. 'They protest, in the name of' the State, against any treaty of peace whereby all or any of the citizens of Chihuahua should lose their character of Mexicans; and they recommend most earnestly that no treaty be concluded or ratified by Mexico which shall not establish a sufficient security that neither the government of the United States, nor the citizens of that nation, shall buy from the savages the plunder obtained by robberies committed within the Mexican territory; nor furnish them, on any account, with means for making war; nor drive them upon our territory by purchasing from them their lands; nor favor their incursions, directly or indi- rectly. 'Fi'ially, they declare that the State of Chihuahua, free, sove- reign, and independent in her internal government, is a constitu- ent and integral part of the Mexican republic,' &c, &c, &c. On motion of Senor Lafragua, [see his name before,] resolved, "That Congress has heard with the most profound sentiment of satisfaction the patriotic protest, which in moments so solemn the permanent delegation of, &c, has presented on the subject of the •war," &c, [order for printing and distributing amongst the Srates.] The same paper contains an address from the governor of Mich- oacan to the legislature, dated Morelia, April 29, 1847, urging them to make the following protest: [the result not given.] "May the legislature, therefore, be pleased to protest, as the Executive protests, before the republic and the world, that Bever, never, never will it recognize any treaty which may be made on the subjert of peace with the United States, unless their forces shall previously have disoccupied our entire territory; and unless that government shall recognize our right to a proper indemnity for the evils which it has caused us." In the address which thus concludes, the following passage oc- curs in regard to ;he condition on which it is supposed that peace with the United States could alone be obtained: "Peace, peace would be for Mexico, at the very moment, but the stamp of indelible ignominy, and for her new canquerer the most advantageous condition. Let us examine for a moment what would be the conditions that he would impose. To take of our territory such and such parts as might permit him to establish himself on 177 [ 52 ] the Pacific by direct communications with his Atlantic possessions; to compel us to pay him the expenses of the war, swelling the amount by interests, and charges for advances, and premiums of exchange; and finally to seize upon a guaranty for the punctual payment of such demand; and by way of guaranty, none more con- venient than that which he has already indicated, to hold in his keeping all our ports. Now, for Mexico, all this would be to lose over the hope of ever being able to pay her enormous national debt — to lose, in the proceeds of the maritime customs, the possibility of meeting, without great vexations upon her citizens, even the ex- penses of her internal administration," &c, &c, &c. 11 Renunciation of the presidency before the National Congress^ by General Don Antonio Lopez de Santa Anna. [This document, under date Mexico, 28th May, 1847, has been circulating here in the streets for two or three days, hawked about according to the custom of the country. The motive of his resig- nation is thus stated:] "The men who fearto defend the country, who aspire to peace, see that they cannot attain it so long as I shall be at the head of the government, because they know that my determination nas been to fight until death. The various parties who have torn each other to pieces, and who even at this moment forget the common peril, are playing away their aspirations and hope, by means of a change, to become lords of the power which is already escaping from the hands of the nation, unless a powerful and decisive effort be made to defend it. The views of the external enemy, the con- flicting interests of parties in the interior, have fixed their" regards upon my person — the common target of all; and I find myself placed in a position, I will not say dangerous, for I do not fear danger, but exceedingly difficult, and in which I can do nothing The endeavors at a revolution are a matter of public notoriety, and the government holds in its hands the clue to the plot; and it is also notorious that the enemy does not dare to advance from Puebla upon Mexico, in pursuance of his impudent boast, unless he be aided by a revolutionary movement of this capital. This revolu- tionary movement I can ward off by ?. word; and this word it is my duty to utter, as the last and most efficacious service which it is left me to render. It is the formal renunciation, which I make by the present note, of the presidency ad interim of the republic, with which I have been honored by the nation. My conviction is, to intimate that I do not hesitate to affirm that I ought not any longer to remain in the post, nor even retain the title of President of the republic. Accordingly, I entreat the sovereign Congress immediately to accept this renunciation at my handi, and to declare itself to be in permanent session, in order that it may appoint the person who is to take upon himself so delicate a charge," &c, &c, &c. 12 [ 52 ] 178 fOf the result of this movement on the part of Santa Anna, nothing is known, by me at least. It has been currently reported in town ever since yesterday morning, (the 2d June) that a paper of the 29th had been received at head-quarters. What this may contain I know not. It is to be remarked, that before this step was taken by Santa Anna, most if not all the ultra State-rights men and real liberals had probably left their seats in Congress. I infer this from various passages in the papers I have had access to; this being the plan resorted to by them for preventing the adoption of the new modifi- cation of the constitution of 1824, which they will not consent to, because it retains the exclusion of liberty of conscience, and the military and ecclesiastical favors.] [No. 7.] Puebla, June 13, 1847. Sir: Knowing how great must be the desire of the President to receive intelligence from this quarter, I despatched, by a courier to Vera Cruz, last Sunday night, a copy of a letter which I had just transmitted, in duplicate, to Mr. Bankhead, her Britannic Ma- jesty's minister at Mexico. It had been my intention, when the arrangement for the departure of that courier was made, conjointly with another person to write to you; but no time was left me for this purpose, and I preferred sending the copy of my letter without accompaniment,' to missing the opportunity altogether. Under the same cover was a second copy of the letter referred to in my No. 6, as having been received by rne from a gentleman of great expe- rience in this war, as well as of a very clear and comprehensive mind. The committee of Congress to which it had been referred, had re- ported in favor of referring it to the Executive, to be acted upon by it agreeably to its constitutional faculties; (and the way in which these would be exercised was looked upon as not doubtful;) but this report — which the newspaper in which I had seen it men- tioned had spoken of as having been rejected — had not been acted upon, the vote upon it having constantly been prevented by one artifice or another of the two factions, the puros and the maderados, fearful alike of the responsibility of either passing or defeating the measure. I will add, that since this conversation with ****** } I have read, in the Mexico "Courier Fractals" of the 2Sth April, General Santa Anna's letter of the 22d April, (after his Cerro Gordo defeat,) to General Anaya, the President substitute. The conclusion proves that he thought an exhortation against a "dis- graceful treaty" as not being out of place, when addressed to the government at that moment: "You must not, my friend, give us up for dead. In the name of God, above all, do not allow yourself to conclude with the enemy a disgraceful treaty, which would make our position still worse." This, in itself, is nothing; and I should have passed it over as a mere ad captandum flourish, but for the 179 [ 52 ] other evidences of a disposition, at that period, not lo enter into a "disgraceful treaty," but to abandon the position of refusal to listen to offers to negotiate. It has for some time appeared to me perfectly obvious that the advance of our army upon Mexico (or, in other words, the occupa- tion of that city) at this time, would be attended with consequences extremely adverse to peace; in a word, to the object which has constituted with our government the motive to the vigorous prose- cution of the war. Should the Mexican government remain at the capital after its occupation by us, there would then be the plea of actual duresse, to oppose as well to the doing of anything, as to the validity of anything which might be done. But they certainly would not remain. They would disperse after appointing some re- mote place at which to meet;, and this would immensely increase whatever advantages may now be possessed by those among them who are bent upon using all possible means for preventing the re- establishment of peace. This same view was expressed by ***** without any remark from me to elicit it; and being thus confirmed in its correctness, I purpose making it the subject of a communica- tion to the general-in-chief. Aware that if any such ground were afforded, it might very possibly have the effect of inducing a de- termination to pursue a course of the reverse of the one suggested by me, I shall take particular care that my communication affords no ground whatever for the pretence that he has been dictated to, or interfered with in the discharge of his duties. In my last, I stated that no intelligence of any sort had been communicated to me from head-quarters since my arrival. This still continues to be the case. My reply to General Scott, com- menced on the road between Vera Cruz and Jalapa, and concluded at the latter place, (and of which a copy has been transmitted to you,) contains this passage: "The interests of the public service require that I be kept advised of the opportunities which are to oc- cur by government expresses, or other public means, for sending communications to Washington; and this object can be fulfilled by a general direction on the subject, from the commanding general to the proper officers. The same reason may render it important that any intelligence received by the commanding general, respect- ing the political affairs of the country, be communicated to me. On the other hand, should any prospect open of the occurrence of the contingency upon which hostilities are to be suspended, no time will be lost by me in bringing it to the knowledge of the com- manding general." The intimations here conveyed proceeded from an excess of cau- tion on my part, and not from any belief that anything of the kind could be at all necessary to secure such a line of conduct between public servants possessing even the most ordinary degree of com- mon sense, and actuated by even the most ordinary degree of fidel- ity to the public interests. It appeared to me as a thing nowise admitting of doubt, that the general-in-chief, entrusted as he is with means of every kind for obtaining intelligence at the public cost, could not fail to consider himself bound in duty to the country to [ 52 ] 180 communicate to me any intelligence so obtained, which might be of the remotest interest to our government, in connexion with the object of my mission. In this expectation I am sorry to say I have been disappointed. Not even a newspaper has been communicated to m>i Here, then, is a conclusive proof that, upon the point now before us, the President is still of the some mind as when I left Washincr- ton; that now, as then, he considers the protraction of the war a great evil; that now, as then, he believes that to restore peace would be to render a great service to our country; in a word, "that feace is still the desire of my government. ." Thus has the first point become established in my mind. It is true, that since I left home the tone of the public mind of our coun- try in regard to this war has undergone a great, and in one respect a most salutary change, as no one acquainted with the patriotic sentiment which lies at the bottom of her heart could doubt that it would undergo, under the influence of the impressions produced by ihe view she has taken, altogether erroneous as that view is, and can easily be demonstrated to be, of the occurrences here im- mediately preceding the capture of this city. 'Tis true, also, that the unanimous determination now gpanifested in all parts of the Union to support the war has altogether reversed, for the moment at least, the party consequences which, down to the time when this change occurred, were universally considered as certain to ensue from the war, unless it were speedily brought to a close. Of all this I am fully aware. But it is altogether irrelevant to the point just considered; that point being, not what may be the present tone of the public mind in regard to the war, nor what party conse- quences may be likely to result from its continuance, but simply and solely whether, judging from the communications made to me, I have good and sufficient reason to believe, and am bound to be- lieve, " that peace is still the desire of my government.'''' I will, however, say that if, losing sight of the principle which requires that every public servant in the executive branch shall look to the Executive alone as the rightful and the only rightful channel through which any kno.wledge of the public will can reach him; if, losing sight of this principle, 1 had added the considera- tions just adverted to to the list of those by which it was proper that I should be governed; even in this case, I should have been brought to the same conclusion in regard to \he desire and the will of my country, that I have been brought to in regard to the desire of my government: and the conclusion would have been still the [52] 234 same in regard to party consequences, both in the broad and in the narrow view which may be taken of them, for my conviction is im- measurably deeper now than it was eight months ago that the early cessation of this war is of incalculable importance to the preserva- tion of the great principles of the democratic party, whilst, with respect to the narrow view of the subject, embracing only the in- fluence which the continuance of the war may exercise upon the jesults of the struggles for office now going on, I am satisfied, not- withstanding the very decided character of the present war fever, that the expectations to which it has given rise are destined to prove altogether transient, and that the war spirit is soon to sub- side to tiie point up to which alone, particularly with reference to such an adversary as Mexico, the high intelligence and the high civilization of our country can permit it to continue; the point, I mean, of giving to the war a sober and steady support, so long as the government, keeping, as hitherto it has done, on the right side, shall continue to prosecute hostilities with a view solely to securing a peace, so soon as this can be secured upon fair terms. However great may be the tumult of feelings occasioned at home by the events here, which crowded themselves into one short month suc- ceeding our arrival near this capital, and whatever be the thoughts which that stafte of high excitement may have occasioned, the point just indicated is one to which the war spirit cannot but subside. I consider this certain, because it is manifest that this excitement (except so far as it consists of pure, generous, patriotic joy and ex- ultation at the glorious deeds of our army) consists solely of indig- nation against this country; and because I know that the appear- ances by which this indignation has been excited are so entirely deceptive, that it cannot possibly survive a single " sober second thought" upon the truth of the matter, when that truth shall be known. One such thought is $11 that can be necessary to convert this angry feeling into one of pity and commisseration, and to make our country ashamed that she should have been betrayed into al- lowing herself to degrade her indignation by throwing it away upon such an object; to make her blush at having fallen into the error of fancying that, with reference to a country towards which such sensitiveness is far more misplaced than it would be towards any one of the Indian tribes within our borders, her honor could require her to bristle up as she would towards England, or France, or Rus- sia, upon the same affront from them: that is to say, if their gov- ernments were to pursue towards her the same line of conduct which, on this stage, has recently marked the exit of the miserable, trembling, vacillating faction, that had possessed itself for the hour of the opportunity to filch from this people, and of the pretext to speak in their name. What is the character of this country, as compared with ours? The identity between the government and people, which is our most striking peculiarity and our proudest characteristic — which, among us, is perfect, absolute, and uninterrupted for a single day or a single hour — this identity there is not the faintest shadow of here. Whilst we constitute, really and truly constitute, one being with respect 235 [ 52 ] to the rest of mankind; whilst we have a government fixed as the eternal hills — a government the stability of which is never for an instant ' disturbed, and the obedience of which to our will is constant and invariable; whilst this is the condition. in which Providence has placed us, the unhappy people of this country do not so much as constitute a nation at all: they present but an incoherent collection of fragments of the human family, among whom the principle of concerted action is so weak as to be altogether inadequate even'for the purpose of mutual protection at their very hearth-stones, against the mid-day robber and assassin. "With respect to what is called their government, they present but a helpless multitude; and this government itself, always destitute of all semblance of stability, is seldom anything but a soulless fac- tion, utterly devoid of sympathy with the people, and intent solely upon haste in robbing, ere it be ousted from" its stolen lease of a political power entirely ineffectual for the most ordinary purposes of government, as these are regularly fulfilled in all tolerably well organized communities. Whilst among the nations of the earth we are the one above all others to whom with the greatest equity may be applied, in all strictness and rigor, the international principle that every government must be regarded as the organ of the peo- ple who consent or submit to its rule, and that the acts of the one must, be regarded as the acts of the other; whilst this is our position, Mexico occupies the very lowest point of the same scale — a point beneath even the one proper to the Indian tribes within our borders; for they have a real national existence, both internally and exter- nally, whilst she has none, either for internal purposes or for ex- ternal: they always constitute one body, and are never without a head to this body — a head which truly represents the collective will; whilst the condition of the Mexican people (for, from want of a more appropriate term, the word people must be used in speaking of her inhabitants, when considered as one mass) is the reverse of this in all respects, and their existence as a nation is limited to the one single fact that their independence is recognised by the rest of mankind; in other words, that there is a general acknowledgment of the absence of right in other nations to interfere in their inter- nal concerns. Whilst the principle referred to is one of absolute necessity as a rule among nations; and while this necessity extends not only to such acts of governments as are attended with injury to the material interests of other nations, but to such also as affect only points of honor and international decorum; while this rule is necessarily of universal application, still, nowhere else upon our globe is there to be found a people whose helplessness in regard to the factions that, in endless succession, are ever preying upon them, presents equally strong appeals to every generous or good senti- ment of the human heart, in its enforcement with respect to them. Nowhere else is there to be found a people in regard to whom the the indulgence of feelings of exasperation or resentment, for any possible breach of international decorum committed by one of those factions, is equally unworthy of a christian people — equally irre- concilable with self-respect in any civilized community. Nowhere [52] 236 else does there exist a people in regard to whom the aggravation of their unhappy lot, by injury to their materia! interests, as a punish- ment for mere affronts offered by their rulers in departing from the established standard of diplomatic probity or diplomatic courtesy, would be equally abhorrent to the most ordinary justice between man and man. And does it admit of doubt that, when all this shall once have been adverted to by the American people, the war spirit which now fires the bosom of our country will instantly subside to the point above indicated? Dues it admit of doubt that (to say nothing of her civilization, her Christianity, and the generosity which becomes her) she will instantly dismiss, as incompatible with her position of pride among nations — as degrading to her dignity and honor — the thought that these could be wounded to the quick, or could be touched at all, by aught proceeding from such a source, in the shape of trembling subterfuge or impudent propositions 1 And when brought down by self-respect to this point, what will her war spirit amount to? What else can it be, other than a sober determination, free from everything like anger or resentment, steadily to prosecute the. war into which she has been reluctantly forced, with a view solely to the end so oft and so solemnly and with such perfect sin- cerity and truth asseverated by her? — the end of obtaining peace? What else can it be, other than a steady determination to secure this peace, so soon as it can be secured on just and equitable terms? — that is to say, so soon as Mexico shall consent to our retaining such portion of the territory which she has placed us under the necessity of occupying in the prosecution of this war, as our coun- try shall deem a just and fair indemnity for the cost of the v/ar, and the sacrifices into which she has thus been compelled. However unanimous and vehement the determination of our country may have become to support the government in pushing the war actively and vigorously, this determination cannot but con- tinue to be connected with the determination to establish peace so soon as it can be secured upon the terms just stated. To suppose the contrary, is to suppose the character of the war altogether changed, entirely reversed; and that, from being — as it has so often been declared to be, and has so truly be,en thus far — a purely de- fensive war on our part, it has become a war of conquest. Mere invasion, however extensive, does not make a war the less truly, and strictly, and purely defensive, so long as the intention of the party accords with the determination just referred to, as having been constantly asseverated by our government, and sincerely en- tertained both by the government and the country. But the instant this determination is lost sight of, or ceases to control and to govern every feeling to which the events of the war may give rise, fiom that instant the character of the war becomes entire. y reversed, and it becomes purely a war of conquest, a war waged through no other motive than acquisition. Whether our country will permit the character of the w T ar thus to become reversed; whether she will see in the weakness and defencelessness of Mexico, or in the de- plorable state of things which the internal condition of this coun« 237 [ 52 ] try exhibits, reasons sufficient to induce her to employ her power in subjugating it, either from motives of ambition or from motives of philanthropy; this is a question which the future alone can settle. But of two things I feel perfectly certain. The one, that this question has never yet been presented to her. The other, that her intelligence will not permit this reversal of the character of the war to ta"ke place, without her perceiving that it is taking place- her sagacity will not permit the question just stated to substitute itself unr.erceived for the question whether the war, in the charac- ter which has thus far belonged to it, shall receive a cordial sup- port. However vehement and enthusiastic' may be the response which she is now giving to the latter, this generous excitement can never so far cloud her reason as to make' her confound the two questions, or blind her to the fact that her "response to the one has »no manner of applicability to the other, cannot rightfully be taken as an answer to the other, and warrants no inference whatever in regard to the answer which she will give to that other. Such has been the result of my endeavor to seize the true cha- racter of the change now exhibited in our country's tone of mind #ith respect to the war. This is not, as I have, said before, among the considerations by which I have deemed it proper that I should be governed in the trying position in which I find myself. But, had it been so, T should have had to enumerate among those con- siderations my conviction that peace is still the desire of my coun- try, as well as of my government. I will here take leave of this first head, w r ith the remark that — as will be perfectly apparent from what I have to say under the next, with reference to the state of things in this country — this is such as to create an absolute incompatibility between a sincere de- sire for peace on our part, and any omission on our part to seize, at ffle orry instant when it may present itself, any opportunity that may occur to make peace upori. terms just to on/selves' : for, accord- ing to every human probability, this juncture is rapidly vergino- to a state of things when a treaty of any kind with this country will be an absolute impossibility. 2. " Secondly, that if the present opportunity be not seized at once, all chance for making a treaty at all will be lost for an inde- finite period — probably forever." Upon this point, the explanations of the state of parties in this country, contained in my recent despatches, will hare afforded you some means of forming a judgment. I will here repeat, that — setting aside mere personal factions — but two parties partakino- in any sense of a national character (as those both do in one sense, and the best sense; that is to say, they are governed by considera- tions having reference to what they consider the good of their country) now exist here, with respect to the question of peace or war. Both desire peace, and have peace in view: but the one de- sires peace immediately; whilst the other, bent upon making the war conducive to its views respecting the mod,' of promoting the public weal, is no less actively, and energetically, and recklessly opposed to immediate peace, than if it were .actuated alone by [52] 238 national animosity, in its very bitterest and maddest conceivable excess. In this form, and in this form alone — putting out of wew mere personal factions — does there exist in this country, at the pre- sent moment, a war party. There is no such thing as a war party, for the sake of war, nor even for the sake of resistance. All minds are satisfied of the utter inutility and hopelessness of this. The only national influence which presents — or which has presented, since the downfall of Santa Anna, and the success of the efforts of the friends of peace in organizing a government — any serious ob- stacle to the making of a treaty of peace, consists of the annexa- tionists, of those who are inflexibly resolved, cost what it may, to play out their game (commenced long before the war broke out) of forcing our country into a connexion with this. It was through dread of succumbing before this same influence — aided as it then was, and would have continued to be, by many others, of which it constituted the nucleus, but whose cohesion with it went not beyond the point of opposition to Santa Anna, actively or passively — it was through this dread solely that Santa Anna, at the crisis of his destiny, shrank from making the treaty which could alone save him, and which would have given him the power to carry out his despotic designs. Such is the character of the two parties, on whose struggle the issue to the question of peace or war really depends. And this question is not whether peace shall take place now or a year hence: it is a question between immediate peace and indefinite war. That the case stands thus, is perfectly manifest from the position of the two parties at the present moment. The efforts made by the friends of peace — and never were efforts more active or more untiring than these have been, since they aroused from the supineness in which they had been held by the apprehension of giving strength to Santa Anna if they did any- thin" - for peace whilst he remained in power — have been crowned with success far exceeding their most sanguine expectations. They first built up the "provisional government" of Pena y Pena, a gov- ernment pledged to the cause of peace, and known to be sincerely devoted to it. This government they defended and upheld against the ceaseless machinations of the puros, acting in concert with the Santanistas and all the other personal factions who could be brought into the alliance. Whilst engaged in this contest, they have succeeded in bringing the " sovereign constituent congress" together, and in obtaining at its hands the election of a president ad interim of the same complexion as the provisional president whom he replaced, and who immediately appointed that predeces- sor his minister of foreign relations, at the same time that he reap- pointed to the post of minister of war General Mora y Villamil, the avowed "apostle of peace," known to the whole country as the man who, as one of the four commissioners then treating with me, had, in full cabinet council, taken the lead (which was fol- lowed by the others) in declaring himself in favor of accepting our projet. During this same struggle, they have carried the elections of president and of the new congress which is to meet in January; 239 [ 52 ] that president being no other than General Herrera, the man of all others, perhaps, most universally respected throughout the repub- lic for the purity of his character, and one of those same four com- missioners, who, on the occasion referred to, evinced his concur- rence in the opinion of General Mora. And, finally, they have succeeded in bringing together at the seat of government the gov- ernors of the respective States; and', after full conference, in ob- taining their concurrence (with one single exception — the governor of Potosi) in the peace policy, and the pledge of their support. Such is the character and the condition, actual and prospective, of the peace party: a party the principal leaders of which are men whose talents and virtues would command confidence in any -country; men, some of whom have never before taken an ener-._ getic or an active part in public affairs, and the rest have kept aloof from the government for a long period, except during the short space when it was held by Herrera; men who recently have banded together, and have worked indefatigably to possess them- selves of the public posts, solely with a view to bring about the re- storation of peace. They are now in complete possession of the government ad interim; and this government is to be succeeded, on the 1st of January next, by a regular and permanent one, of the same complexion as itself in all its branches, and elected according to the forms of the constitution of 1824, as now restored. But this party cannot possibly stand, unless the object for which alone it has formed itself be speedily accomplished. Without this its destitu- tion of pecuniary resources must become aggravated every day; and this cannot continue much longer without sealing its fate: a ca- tastrophe which would involve a total dissolution of the federal government and of the Union. To bring about th's is now the object of the war party; and so little disguised is it, that a decree suspending the existence of the federal government during the war has actually been proposed in the constituent congress. Foiled in all their schemes, first to pre- vent the organization of any government after the abdication of Santa Anna; then, to prevent the recognition of the provisional government of Pena y Pena by the State goverraents; and, after it had been recognised by the States, to prevent its recognition by the constituent congress; foiled in its manoeuvres in congress to break up the provisional government by means of degrees of dis- qualification, and articles of impeachment against Pena y Pena and his two ministers, and foiled again in its combinations (which were very near succeeding) to carry the election of president ad interim; and after this election had been carried against them, foiled in their endless schemes for compelling the administration of Anaya to commit itself in favor of the prosecution of the war; — foiled in everything they have attempted, their determination has but become the stronger and the more energetic; and they are now at work to accomplish out of congress the object of the decree proposed by them for suspending the existence of the federal government. This can now be done only by means of a pronunciamento; and, in con- cert with the Santanistas, extensive arrangements have been making [52] 240 to have u the man," as he is called, declared dictator — a measure which they know would be an empty farce as regards any real power which it could confer upon him; whilst it would be a most substantial reality as to the subversion of the government. The storm thus brewing would have been brought to a head, and been made to burst before now, probably, but for the respite afforded them by my recall. This, which inspired universal joy among them, (a joy that has frankly *been expressed to myself personally,) has lulled their apprehensions — which down to that moment were most vivid — in regard to the early negotiation of a peace; and they ate now proceeding more deliberately, relying upon the time which must elapse before negotiations can be resumed, and count- ing with almost equal confidence upon our government sending no more commissioners, and upon the impossibility that any such step can be ventured upon by theirs without greatly weakening its al- ready feeble powers of defence, and greatly advantaging its adver- saries. In a word, they know full well that the only way in which a treaty can be possible is by its being made so suddenly that nothing shall be known of its existence until it shall be presented for ratification; and that the means which Lt will afford to the gov- ernment for self-defence shall be in its hands so soon almost as it is presented — a condition which is absolutely indispensable to its obtaining ratification. Feeling certain on this point, and considering the danger of a treaty as being entirely over for the present, they are comparatively supine. In this particular, the news of my re- call — notwithstanding the depressing influence upon the peace party, and the exhilirating effects upon their antagonists, with which it was immediately attended — is advantageous to the former? and to their cause. Bui., although thus rendered comparatively inactive, they are not the less steady in the determination which weds them to their pur- pose; and, as I have said before, nothing can prevent its accom- plishment, unless the peace party shall speedily acquire the power of permanent resistance, which nothing but the fulfilment of the end for which they have striven to obtain possession of the gov- ernment can give. Every day that this is delayed adds to the dif- ficulties of their position, by far the greatest of which is the want' of pecuniary means; which want is so great, that they find it im- possible to meet even the most trivial daily exigencies of a govern- ment. This state of things can continue but a very little while longer. It cannot but bring on the early overthrow of the govern- ment, and with it the entire dissolution of the peace party, and death to the sentiment of peace in every bosom that has cherished it. The chaotic condition which the country will then exhibit, and the nondescript character which this war will then bear, are just as manifest now as they can become after the catastrophe shall have occurred. The purpose of the party whose immediate object is to render a peace impossible, will, so far as regards this object, have been completely fulfilled; for this country will then be with- out a head, with whom a treaty of any kind can be made. It will 241 [ 52 ] then consist of a collection of separate States, considering them- selves as forming together one nation, but without a central gov- ernment — without a common organ of any sort. The military oc- cupation of the country will then go on. But to what end 1 For what purpose 1 What will be the object in view 1 Certainly not a treaty of peace, when no government will be in existence with which to treat on any subject. The only assignable or conceivable purpose for which the occupation of the country can then be per- sisted in will be one of these two: either the conquest of the coun- try, involving the subjugation of its inhabitants, by establishing over them a government such as we shall see fit to subject them to, or the use of our military power in directing and protecting the inhabitants in establishing a government for themselves. These are the only two conceivable ends, with a view to which " occupa- tion" can then continue; and the only conceivable alternatives to the explicit adoption of the one or the other of these two purposes will be, on the one hand, to act without any assignable object whatever; to continue to pour out the blood and treasure of our country, without being able to assign a single reason why they are poured out; on the other hand, to bring occupation to a close, by withdrawing to such boundary as we may see fit to select. This is the position in which our country will find herself, if the government which the peace party have succeeded in rearing be allowed to go down; as go down it must and will, unless that peace be promptly made with a view to which alone this government has been built up. And should " occupation" continue after it shall have put on the objectless character which — except upon the supposition that the one or the other of the two ends above mentioned is adopted — can- not but invest it so soon as the treaty of peace shall have been rendered impossible by the destruction of the government, what then will be the character of this war 1 I mean as to its concomi- tants', for it would be a contradiction in terms to talk in any other sense of the character of a nondescript. In previous despatches I have stated my conviction that a single word from our country is all that is requisite to raise up, or rather to bring out, a party here which would render the permanent occupation of Mexico a matter of very easy accomplishment, and at once convert it almost entire- ly into a peaceful occupation. But for any such effect to be pro- duced, this word must be pronounced. Unless this be done, the occupation must continue to bear the character of a hostile inva- sion — an invasion persisted in for the mere purpose of inflicting injury, or with a view to subjugating and enslaving the people. In this light must it be viewed by every Mexican, and his conduct must, ostensibly at least, square with the duty of the citizen of a country towards such an enemy. Even mere passiveness will, to a great extent, be impossible on the part of those most deeply inter- ested in, and most thoroughly devoted to, the cause of annexation. Everything done by them must be, or seem, compatible with the relation in which the citizen of a country finds himself towards her invader; and they cannot, except to a limited extent, evade even 16 [52] 242 the active obligations which this relation imposes. In this way, thousands will find themselves compelled to take a more or less active part in resistance, who, upon a declaration from us that the occupation is to be permanent, would at once come out and avow themselves on our side, and actively co-operate with us. The same is true, and to a greater extent, of all those who, without being pre- pared to take such a step now, would be drawn in by the examples set by the others. Without such a declaration, the whole peace party must, exactly in proportion to the patriotism which has ex- cited them to efforts in favor of peace, become — and it will be for the first time since the war began — actively and energetically de- voted to the cause of resistance. It will be manifest to all, that the war is not waged against the government, whose misconduct produced it, but against the country, against the people, with con- quest and subjugation for its end; and this being manifest, the war will become, for the first time, national — national in the best and highest sense of the word — for every heart capable of a throb at seeing a yoke held up for its country will then be fired with the fire of desperation. The character of the war thus far has been the reverse of this. The only spirit infused into it has been such as could emanate from the calculating soul of Santa Anna, with no other object in view than to bring it to a close, so soon as this could be done in a man- ner favorable to himself. Whatever he has done — and he has ac- complished things truly wonderful — has been done against the grain of the country. Every honest man in the country was his enemy, and ardently desired his downfall. Every man who had a single feeling for his country, whether from patriotism or from calcula- tion, was his enemy, and desired his downfall. The same hatred, and the same desire, animated thousands of bosoms, altogether de- void of honesty, and devoid of patriotism. Under their influence, added to the apprehension that peace would extend and confirm his power, the wish for peace lay hushed and dormant. Even in those who had been bold enough to avow it, it gave no other sign of life. Everything done by him was done in spite of all this, in spite of all the obstacles which such causes could produce. All the resources of the country which it was possible to withhold from him were withheld. But, let the feeling of national desperation once be aroused, and things will present a very different aspect from any they have heretofore borne. This country cannot effec- tually resist the power of ours; but such resistance as she is still capable of — partial as this may be, and ineffectual as it may prove — will be of a new complexion quite. By far the best fighting done in this valley, o?i the Mexican side, was done by the newly formed corps of rnilitia. If, then, the occupation is to be permanent, no time should be lost by our country in making a declaration to that effect. This is due alike to her own material interests, to regard for her own character, to justice and humanity towards the inhabitants of this country. That her position and theirs should at once be defined, is demanded by every consideration which can make a country 243 [ 52 ] otherwise than absolutely indifferent, for her can children as well as for those of another country, to the prolongation and the aggra- vation of the evils of war. 3. u Thirdly, that this (the boundary proposed by me) is the ut- most point to which the Mexican government can, by any possi- bility venture." Under this head, I can do but little else than state my perfect conviction, resulting from the best use I am capable of making of the opportunities afforded by my position, that such is the fact. The nature of the subject scarcely admits of my doing more. I will, however, call attention to the fact, that, independently of Texas, this boundary takes from Mexico about one half of her whole territory ; and upon this fact remark, that, however helpless a nation may feel, there is necessarily a point beyond which she cannot be expected to go, under any circumstances, in surrendering her territory as the price of peace. This point is, I believe, here reached. I entertain not the shadow of a doubt upon the subject. Earnest as is their desire for peace, and for the preservation of their nationality, the peace party will not go a hair's breadth fur- ther. If this does not suffice, they will let matters take their course, be this what it may. They cannot go further. It would be utterly impossible to obtain the ratification of any such treaty. I will also state my belief that they cannot maintain themselves long, after making the treaty now in question. Although they will derive from it the means of carrying on the government, and although these means will, I am convinced, be used both consci- entiously and wisely, it will, at the same time, furnish to their adversaries a weapon by whose force they can scarcely fail to be prostrated. The great object for which they have formed them- selves being once accomplished, the mere loss of power would, I believe, affect them but little, and not at all except through their desire further to benefit their country by the use of that power. But the respect and esteem which they have inspired cause me to entertain serious fears that something worse than a mere political downfall is the fate which awaits them. The same respect and es- teem I feel also for the leading men of the opposite party, whose motive and whose object are such as could not fail to command my warm sympathy. I do sympathise with them strongly, and the wish is ardent and steady that the object which they aim at, as the only* possible means of rescuing their country from anarchy and op- pression, were of possible attainment. But this very wish serves but to strengthen my confidence in the soundness of the convic- tion — which has become more and more deep and intense, in pro- portion as my knowledge of the«condition of this country has ex- tended — that the thing is altogether impossible. The more the subject has unfolded itself to my view, the more thoroughly per- suaded have I become, that, immense as would be the benefit which this' country would derive from such a connexion, it would be fraught with evil to ours, immeasurably greater; even in the eyes of the most disinterested and impartial philanthropist, the former could constitute no sort of compensation for the latter. And such, [ 52 ] 244 I have no doubt, is the conclusion to which our country will come, should the question ever be seriously discussed among us. For myself, deep as is my veneration for our Union, and impossible as I have heretofore believed it to be that I should ever cease to con- sider its dissolution as the greatest of all imaginable evils, I have been brought to look upon this terrible calamity as a great good, when compared with the annexation — the annexation in our day, I mean — of this country to ours, be it by conquest or u occupation," or be it by compact. That this incoiporation is to happen — that, in the fullness of time, it must take place — I have no doubt. But, the hour is not come when it can happen without incalculable dan- ger to every good principle, moral as well as political, which is cheriihed among us; without almost certain destruction to every- thing on the preservation of which depends the continued success of our great experiment for the happiness of our race. If this danger is to be brought on, then would it become the most fervent wish of my heart to see a part, at least, of our country preserve it- self from it, in the only way in which preservation would be pos- sible. That this might come to pass, and that thus the glorious hope, which ha,s fed itself upon the success of this experiment, should be saved from total extinction, would then be the holiest prayer that could arise from my soul. There is, however, a question totally distinct from the above, which presents a strong claim upon the immediate attention of our country; a claim founded on considerations of humanity towards this people, as well as on its bearings upon ourselves. It is, whether the very peculiar, the altogether exceptionable nature of the case, as caused by the intimate geographical relation in which this country stands towards ours, would warrant such a departure from established principles, in this regard, as would be involved in a compact that should secure to Mexico the assistance which she needs, and which is all that she needs, for the establishment of a good and stable government* The elements for such a govern- ment — although under the pressure of circumstances they have lain dormant and inactive — are by no means entirely wanting in this country; as would seem to be the case, judging merely from the facts exhibited to the eyes of the world by her past history. Pro- tection for a few years, perhaps for a shorter time, from her own enormously overgrown military class, is all that she needs to bring about a state of things strongly contrasting with that which has heretofore existed here. Upon the solution of this question de- pends her chance for presenting such a contrast; a thing which is indispensable not only to her own happiness, but to the possibility of her being a good neighbor, to the possibility of her preventing the recurrence of such misconduct on the part of her government and local authorities, as will render peace between us always pre- carious in the extreme. The offer of such aid would, I am sure, be accepted with delight and deep gratitude. 4. u That the determination of my government to withdraw the offer to negotiate, of which I was made the organ, has been taken 245 [ 52 ] with reference to a supposed state of things in this country entire- ly the reverse of that which actually exists." Under this head nothing more is requisite than a general refe- rence to what has been stated under the three preceding. I will, however, cursorily examine a few of the many points which prop- erly come under it. The determination referred to is expressly grounded on the Pres- ident's belief that the continuance of this mission might " do much harm;" that is to say, as has been shown under the first head, do much harm in the way of preventing the restoration of peace. This belief could rest upon no other basis than the supposition that the state of things here, at the time when his order would reach me, would be in the highest degree unfavorable to the cause of peace; far more unfavorable than it had been at the time when I was despatched from Washington. The true state of the case was not only different from this, but the direct reverse of it. For the first time since the war began had a peace party been formed. Santa Anna had always been strongly inclined to peace; but this inclination, like every other feeling of which his bosom is capable, was a purely selfish one, and he had been waiting for an opportunity when peace might be made with advantage to himself and to his own despotic propensities and designs. Such was not the charac- ter of the peace party which had formed itself upon that man's downfall. It consisted of the elite of the patriotism of the country; men who had the good of the country at heart, and who, in seiz- ing the opportunity at the very instant that it presented itself, and from that moment sparing no toil which could bring them to their object, had been actuated solely by an ardent desire of peace, for the sake of peace and for the sake of their native land. This party had organized itself, and built up a government, and had accomplished all that I have stated under the second head. In a word, the state of things here, in all respects, was such, that if it had been contrived and arranged for the express and sole pur- pose of giving to the discontinuance of this mission the character of a deadly blow to the cause of peace, at the very moment when that cause was on the point of prevailing, this fatal character could not have been stamped upon it more clearly and manifestly and in- dubitably than it now is — than it now is to the eye of every hu- man being in this country who ever bestows a glance upon the signs of the times. There is not one single friend to peaceherebut reeled and staggered under the blow. There is not a single enemy to peace here from whose bosom there did not burst forth the shout of joy and triumph at seeing that blow fall. Of all this the President knew nothing; and the supposition by which he allowed himself to be governed (under the influence, doubtless, of "private" representations from an intriguer who, to the deep disgrace of our country — as she will, ere long, deeply feel, on beholding the picture, faint though it will be, of the un- imaginable and incomprehensible baseness of his character — pol- lutes this glorious army by his presence,) made the state of things in this country " entirely the reverse of that which actually exists" [52] 246 and which already existed when his determination was formed. Had he known the truth — had he formed the faintest conception of it — had he so much as dreamed of the possibility of a state of things here, approaching in the remotest degree to that which actually existed, he could not have believed that the continuance of this mission could do " much harm:" unless, indeed, the indefinite pro- traction of the war was the good aimed at, and to cut it short would be to do harm. On no other supposition than this could he have believed otherwise than that his highest and most solemn duty to his country required that he should not discontinue this mission. On no other supposition than this — however great might have been his dissatisfaction, and however extreme his displeasure at the course pursued by me — ! could he possibly have failed, simultane- ously with my recall, to clothe some other person with those powers, the existence of which here was rendered by that state of things indispensable to the cessation of the war. Passing from this point, I will take up another. The state of things with reference to which the supposition which governed the President's mind has just been seen to have been the direct reverse of the truth, was contemporaneous with the decision formed by him; and, consequently, it was impossible that he should actually know anything about it. But the unfortunate characteristic is not con- fined to that particular supposition. It belongs equally to the view taken by him of events which had occurred and which had become known at Washington. Here, also, this unhappy reversal of the truth has taken place. In this view, as in the other, everything was seen upside down. In the armistice and in the negotiation nothing could be per- ceived but a ricse of Santa Anna, a mere trick to gain time. By Jthe u Union," General Scott and myself have been held up to the country as having been hoodwinked and duped — as having put trust in the good faith of Santa Anna. Such is the complexion of the balderdash with which our country has been edified upon this theme. The armistice! This was entered into by General Scott without authority, and contrary to the intentions of the government. So has the country been given to understand by the u Union." With- out authority! And he, the general-in-chief of the armies sent here to conquer a peace, sent here — so has our government solemnly as- severated to our country and the world — for the sole purpose of bringing the war to a close, in the only way that events had proved that it could be brought to a close, by beating Mexico into a dis- position towards peace. The commander of these armies, sent here for this purpose, was without authority to grant a suspension of hos- tilities, in order that peace might be made! And this, too, at a juncture when he was cut off from all communication with his gov- ernment, and when he had at his elbow an agent of that govern- ment, who found himself there solely in consequence of the earnest desire, the extreme anxiety of the chief magistrate who had de- spatched him, that peace might be made at the earliest possible moment. 247 [ 52 ] Without authority! Unhapp»y admission! Even if it had been true, most unlucky slip of the tongue! Why, the armistice is the crowning glory of this campaign, of this war, of the life of Win- ' field Scott. If the war were to last a century, nothing could occur to surpass it; nothing could occur that would approach it in its honor-giving efficacy, in its honor-giving efficacy to our country. A thousand Cerro Gordos, with a thousand Contreros, could not eclipse it for a moment, could not dim its lustre in the slightest degree. View it under whatever aspect you will, and it shines equally bright. Had it been nothing but a stroke of policy, of na- tional policy, in the broadest and most respectable sense of which the word admits, nothing could have occurred so calculated to elevate our country in the eyes of the world, to put her in the right even to those who had before deemed her in the wrong. Had it been nothing but a stroke of mere party policy, in the narrowest and least respectable sense of which the word admits, nothing su- perior to it could have been devised. The whole genius of Talley- rand might have been devoted for a twelve-month to the subject, and then he could not have contrived anything better calculated to rescue the administration, and the party that had brought that ad- ministration into power, from the peril which threatened them with quick destruction. In proof of this, see the change which has come over the land! And look at the fact that this change is owing w T holly to the armistice, because it is owing wholly to the course which matters took under the armistice. These things together have constituted the medium through which the new view of the war now taken by our country has been taken, and except through which it never would have been taken. But the armistice was no stroke of policy, of the one kind or of the other. It was something far better, far purer, far loftier. Whatever disposition there may be to repudiate it as an act of the administration, the honor of it is secured to our country. It is hers, and nothing — no chicanery, no nonsense which can be uttered about u want of authority;" no stuff, however gross, or however dexterously absurd, which can be poured out through the "Union," or through any other channel — nothing can make it otherwise than hers. The fact is unchangeable. The armistice is her work, and the honor of it belongs to her. It was her work, because it was done by a public servant who, in doing it, considered himself merely as doing what her spirit, her will, required that he should do. True, he considered himself also as doing nothing but what was required by due conformity with the intentions and strong de- sire of another of her public servants, the highest in authority, and the proper organ for the manifestation of her will. But, even al- though he should have been mistaken on the latter point, this can- not affect the truth in regard to her. It was her work, because it was the honest fruit of her honest desire for peace, operating through the bosom of the servant by whose hand the work was done. And the occasion afforded proof, too, of the high tone of the patriotism which animates that bosom, and of its superiority to the suggestions of party rancor or of "party calculation. He knew, [52] 248 as well as any one knew, the perilous position of the administra- tion, and of the democratic party, 4 with reference to this subject. No insight was clearer than his into the nature of that peril, and into the indispensableness of peace, of early peace, to avert it. At the same time he felt, keenly felt, the many wrongs which he con- sidered himself as having suffered at the hands of that administra- tion; and, above all, he was indignant at what he considered as both the injustice and the ill-faith involved in the endeavor to sup- plant him after he had been sent here to carry out — as he has done, in so beautiful, and masterly, and glorious a manner — the plan of campaign devised by himself. But all this was nothing. His na- ture is too lofty, his perceptions of high principles too clear, his obedience to them too steady and habitual, to admit of his swerv- ing, under the influence of such feelings, from his line of duty as a servant of his country; and, governed as he was by this sense of duty, no servile tool of party could have been more earnestly or more anxiously solicitous to fulfil the wish, the all-engrossing wish of the administration, than he proved himself to be on this occasion, and on every occasion, when the fulfilment of that wish could be in any degree affected by aught which he could do, or which he could omit doing. The armistice was his own act, emphatically his own. It re- quired no advice, no argument, no suggestion from me. Had any such suggestion been necessary, the high estimate which, with every possible prepossession against him, I had been forced by stubborn facts to form of his character, w T ould have become greatly lowered. Had he under the circumstances of that crisis, as known to us both, omitted to enter into that armistice, I should have considered this omission as the cause of the indefinite protraction of the war; and although it might not, and probably would not, have had the effect of shaking the confidence which my knowledge of him had inspired in his patriotic intentions, I should have denounced it as such. And we had been duped! By whom? By Santa Anna! We had innocently put trust in the good faith of — whom? Santa Annal This is the "Union's" way of accounting for the armistice and the negotiation! This is the only explanation of the deep enigma which access to high sources enables the "Union" to afford to the : country! This is the conjecture which, with the aid of such lights, is deemed rational and probable with respect to the generalin-chief of the armies of the United States, and with respect to the agent employed by their government to execute a trust, w T hich, in the eyes of that government, was one of some importance! Rational and probable as it may be, however, it is nevertheless quite erroneous. Upon this stage, whatever may be thought of the matter at Washington, it would be difficult to find a person, how- ever low in understanding, with reference to whom such a conjec- ture would be deemed otherwise than indecent. Santa Annal The most notoriously., if not the most thoroughly unprincipled man whom this country holds; a man, in regard to whom it would be scarcely possible to find a woman or a child that knew r how to read, who could be made to believe that the most solemn asseverations 249 [ 52 ] coining from him would be worth a straw. And yet, this is the man by whose assurances the American general-in-chief and the American commissioner were duped! However probable, it is all a mistake to believe that it so happened. No such proof of imbe- cility was given by either as to suppose for an instant that Santa Anna was capable of good faith for the sake of good faith, or that his word was to be trusted. And yet we did believe him sincere in his professed desire for peace. Why? For the samereason that aman who, when seen drowning, should be heard to express his desire for a plank, might, although he were the most notorious liar that ever existed, or that can be conceived to exist, even such a man might, under such circumstances, be believed to be sincere; and this with- out the believer's being a dupe. And if, upon the plank's being thrown to the drowning man, he should, in the bewilderment of the moment, fail to avail himself of it, and should go down in conse- quence, all this would amount to proof of insincerity on his part, or of imbecility on the part of the person who had believed him. It would be a proof of this, and nothing more — that he had lost his head, and become, from the circumstances of the case, incapa- ble of knowing how to act. Such precisely (as every one here saw, and as the event has proved) was the nature of Santa Anna's position, and such the ground and the sole ground of our belief that he was sincere in expressing a desire for peace. We believed this, because it was in the nature of things impossible that it should be otherwise; because nothing short of the most conclusive proof that downright madness had suddenly taken possession of him, in place of the calculating and sagacious selfishness for which he is proverbial, could have made any sane man believe that the bent of his mind could be on anything else save peace. That this actually was the case, as well as that it must be the case, everything con- spired to prove then, and everything has conspired to prove since. The sincerity of his desire proved itself — proved itself in every way in which the nature of the case rendered it possible that it should prove itself — by giving rise to acts which could not possibly proceed from any othtr motive. No such proofs were necessary, to satisfy any mind acquainted with his position and his utterly selfish character, and with the condition of the country; but still many such were afforded. No sooner had the armistice been entered into than he published the "Manifesto to the Nation," a copy of which was transmitted by me at the time. In this he asserts and demonstrates the inter- national obligation of listening to propositions of peace. Did he stop at that point? What he had done thus far did not require him to go beyond it. He could not have done so; it would have been just the reverse of craft and cunning; it would have been sheer imbecility to do so without an absolute necessity. Every pruden- tial consideration demanded that if the purpose which he then en- tertained required only a justification of the armistice, he should strictly confine himself to that topic. But he did not so confine himself. His purpose did require more — much more; for his pur- pose was to make peace. He had become fully convinced that peace [52] 250 was necessary, and that this necessity was urgent and immediate, not only for the good of his country, but for that which alone he cares about — his own good, his own safety. Thus convinced, he had made up his mind to act, to make peace; and for this purpose to cut the Gordian knot of constitutional questions, by assuming ■whatever powers might be necessary. That such was his state of mind, that such was his determination, and that he then believed this determination to be fixed beyond the possibility of change, it is impossible to doubt, after reading the following passage — al- though, to feel the full force of the proof which it affords, it is necessary to be perfectly acquainted with the nature of his position and the state of the country at that precise moment. Passing from the armistice to what he considered as. certainly to follow the ar- mistice, he said: ii A perpetual war is an absurdity; because war is a calamity, and the instinct of self-preservation, which is even stronger and more powerful in nations than in individuals, recom- mends that no means whatever be omitted that may lead to an ad- vantageous arrangement. To adopt this course the constitution gives me competent authority. Consecrated to interests so noble and highly privileged," [that is, the interests of peace,] "it is my duty to maintain at all cost the respect and reverence due to the supreme authority with which I am invested. * * * * I will be yet more explicit: sedition and attempts at subverting the government shall be exemplarily punished." Thus, in defiance of the decree of the 20th April, and of any other decree or law, or constitutional provision; thus trampling under foot every obstacle which stood or which might stand in his way to peace; and thus conquering for the moment the chief obstacle of all, (and the one before which he finally quailed,) his dread of those at whom these last words are aimed, and whom they threaten with his avenging power; thus did he proclaim his irrevocable resolve to take the whole matter into his own hands, and announce that he was then acting in pursuance of that resolve. Is such a course as this (on the part of a man of his base stamp particularly) reconcilable with the' crude notion which constitutes the germ of what I have called, and call again, (knowing no other name for such stuff,) the balderdash, the unworthy, the disgraceful balderdash, with which the " Union" has insulted the intelligence of our country upon this subject? Where is the man who is able so far to blind himself as not to see that, if no other proof existed, this manifesto stands there as a substantia] reality, the existence of which is absolutely irreconcilable with any such belief as that the armistice was a mere trick of Santa Anna's, to gain time 1 with any such belief as that he did not then intend to make peace 1 with any such belief, even, as that he possibly could, at that moment, have believed otherwise than that peace was immediately to take place ? Again, take his appointment of commissioners. Whom did he select for this office ? His own tools, who would do whatever he might bid them do in the way of chicanery and cheatery? No! He selected men of the very highest standing, from the ranks of 251 [ 52 ] the party which had always been opposed to him : men, two of whom were among the few openly-declared friends of peace in the country, and every one of whom — so great was their aversion to have anything to do with him, or with public affairs whilst he held the reins — it was a matter of extreme difficulty to prevail upon to act. With respect to these commissioners I will here repeat a passage contained in my last despatch, under date the 27th I ultimo. "Before quiting the subject, I will call attention to the letter of Don Vicente Romero, contained in the ' Razonador' of the 13th instant. It was the reading of this letter in Congress, on the 4th instant, by Don Eligio Romero, son of the writer, as the ground for the motion with which it concludes, that gave rise to the state- ment mentioned in my despatch No. 20, respecting General Mora y Villamil. The Romeros are both ultra puros. The father was a member of Santa Anna's cabinet, as minister of justice, at the time when the negotiation took place. The letter, it will be per- ceived, concludes its attack upou the Peiia y Pefia administration, by saying: 'and, in fine, General Mora y Villamil is the person appointed to the post of minister of war ; he who has been the avowed apostle of peace; and so decided in this character, that, in a meeting of the cabinet, of which I was a member, he said (he being at the time one of the commission appointed to receive pro- positions of the envoy of the north) " that he had been for many years in favor of peace; and that this ought to be made by adopting the propositions made by Mr. Trist :" in which, let it be known, by the by, the other commissioners (Couto and Atristain) concurred, except Senor Herrera, who did not say a word.' " The fact here published to the world by a member of Santa Anna's cabinet was previously well known (as such a fact could scarcely fail to be) to all the initiated here ; and that this was the disposition of the commission, of the whole commission, was, indepen- dently of what had passed in the cabinet, known to their confiden- tial friends. In addition to this fact I will state another, one of many of the same complexion well known in the select political circles here, to wit : that so late as late in the night of Saturday, the 4th of September, Santa Anna was still undecided whether he would not give to those very commissioners whose opinions had thus been declared in full cabinet, a carte blanche to negotiate with me such treaty as they might deem proper." To this latter fact, I have an amendment or addition to make here. Santa Anna's state of hesitancy ended in a determination to give the carte blanche, and a letter to that effect was actually draughted by the Secretary of State, after 3 o'clock, p. m., on Sun- day, the 5th of September. This was the state of things when Santa Anna was again made to waver by the interference of a per- son already mentioned, in former despatches, as the one who had been chiefly instrumental in alarming him at the treaty. After this, he could not again be prevailed upon to come up to the mark. In my despatch giving an account of my last meeting with the commisssioners, on the 6th of September, I mentioned the circum- i [52] 252 stance of their having come out in great haste, several hours after the time appointed, bringing with them only the rough draughts of the counter-project and the communication accompanying it. Those papers had just been prepared. The question whether our projet was to prevail had remained in suspense until that mo- ment. Thus near had we come to the attainment of our object! Thus nearly had the restoration of peace to our country come to pass, as the consequence of that armistice and negotiation, in which, through the atmosphere of Washington, nothing could be seen save a trick of Santa Anna to gain time, and, on the part of General Scott and myself, imbecility the most egregious. No ! there was no deceit practised upon either General Scott or myself. There were, it is true, two dupes in the case: but both were the dupes of their own characters — of what passed within their own bosoms, their own hearts, and their own heads — of the moral obliquity which renders them most extraordinary twin phe- nomena; although these phenomena present one most remarkable difference, to wit : that whilst the production of the one is most easily accounted for by natural and obvious causes, the other is altogether incomprehensible, for the very reason that the circum- stances under which it was produced — the circumstances with which our happy country environs every man born and bred within her bosom — are adverse in all respects to the production of such a character. Of these two dupes, the one was Santa Anna; the other, a most worthy compeer of Santa Anna, so far as he can be made so by the same low craving for distinction, and the same happy facility in deviating from the ways of truth, and in being deaf to the dictates of common justice and common honesty, while pursuing his object; a person, in fine, whose character, in regard to the reach of his mind, and the tone of his mind was most felicitously and accurately sketched by a friend of mine in these words: "It is such as to qualify him for shining at a country court bar, in the defence of a fellow charged with horse stealing; particu- larly if the case were a bad one, and required dexterous tampering with witnesses." These two were the dupes in the business, and the only dupes; the only dupes here, at least; for I cannot pretend to say how many each of them may not have made elsewhere. Of the American, 1 may have, I shall have, I know, more to say hereafter. Here, I will confine myself to the Mexican. Santa Anna, then, was a dupe in more than one particular: he was the dupe of his suspicions, the dupe of his hopes, the dupe of his fears, and, finally, my dupe, although very innocently and un- intentionally on ray part. Of his suspicions, inasmuch as he al- lowed himself to be brought to believe that the armistice was, on our part, a mere trick to "gain time" for reinforcements to arrive, a trick on our part, just precisely a match for, the very twin brother of, the one on his part, which our country has been given to under- stand by the "Union," that General Scott and myself had proved ourselves such arrant imbeciles as to be taken in by. Of his hopes, 253 [ 52 ] inasmuch as he allowed them to flatter him always with the possi- bility that the next conflict might prove favorable to the Mexican arms; and that the national honor being thus vindicated, he should be enabled to- make a treaty with far less risk to himself. Of his fears, inasmuch as he allowed them to make him believe that there would be less danger in abandoning than in carrying out the bold determination which had dictated his manifesto, and an unflinching adherence to which — as the event has proved — could alone save him, as it unquestionably would have saved him, for the time, at least, and very possibly forever. The manner in which he came to be my dupe was as follows: while at Puebla, I had been approached — not on the part of Santa Anna, but of a foreigner deeply interested in the restoration of peace, and exceedingly active in his endeavors to bring it about — by a person whose object was to obtain some idea of the terms to which it was necessary to reconcile Santa Anna. He touched upon the territory between the Nueces and the Bravo as being the point of greatest difficulty; and my answer was to this effect: "I can say nothing about the boundary until the negotiation shall have been opened; but let them take this step, and they will find that our terms are not so bad, perhaps, as they expect." This person, as I discovered after the negotiation had commenced, left me, impressed with the idea that the Rio Bravo would not be insisted upon; and this impression being communicated to Santa Anna, he was greatly influenced by it in venturing upon taking the position which he did in his manifesto. Upon discovering the mistake he was greatly alarmed and incensed. One more point I will touch upon under this head: the terms of the counter -pro jet. Here, in truth, was a trick, and a trick of Santa Anna's; but it was not practised upon or against us — his own coun- try was the object. It was never expected that this counter-pro- ject would be considered by me — would engage my.attention for a moment. The time when it was presented proves this conclusively; for it was not produced — it was not written — until the 6th of Sep- tember, when all idea of peace had been abandoned. This paper was but a part of Santa Anna's store of ad captandum "material," which, true to his character, he had begun to provide himself with from the beginning, to meet the possible contingency of a failure of the negotiation; in which event, it would be necessary for him to be able to prove, that, notwithstanding his having consented to negotiate, he had been as strenuous in upholding the interests and honor of the country as the most ultra of his assailants could have been. This character is so deeply stamped upon the entire series of documents, (which, be it remarked, he lost not a moment in publishing and scattering all over the republic,) that it would be as easy in our country to find a man unacquainted with the taste of table salt, as to find here a person of tolerable intelligence who would require more than a glance to see into the whole proceed- ing; to see that there is nothing in it but the thread-bare trick of political mountebanks, to hide up the truth under a great show of [52] 254 "official" falsehoods, prepared before hand, to be suppressed or to be produced, according as circumstances may require. But, in respect to this also, as in regard to everything else, the telescope proves itself to be an inverting one. While the real, bona fide intention, (it may not be an unnecessary precaution, here, to protest against my use of this term being taken as a proof of idiocy, by being construed into an admission on my part that it is ■within the bounds of possibility, that Santa Anna should ever act in good faith, according to the true and proper sense of the words; that is to say, good faith for its own sake,) while this real bona fide intention to make peace converts itself, for all eyes viewing mat- ters through that telescope, into a shallow trick, the shallow trick now under consideration, converts itself into an expression of real, genuine bona fide intentions. Nay, it puts on dignity, high dig- nity; dignity enough to make it worthy of arousing the sense of dignity of our government; dignity enough to require our govern- ment to become careful, and solicitous, and alarmed about what the poor Mexicans are so often heard to talk of under the name of "pundonor." To this extent, nothing short of it, goes the trans- formation! The pitiable expedient of a miserable, trembling fac- tion to save itself, to prolong its miserable existence by practising upon the stupid ignorance and playing upon the imbecile pride of its own country, this stuff transmutes itself into something which can touch and wound the dignity of ours. 'Tis true, the faction from which the trick proceeded had actually terminated its existence, and become fugitive and outcast, scattered to the winds, before the power of the printing press, prompt and rapid as it is, could be brought into play to make the trick effective; before the power of steam could carry the thing to the press in the nearest part of the United States. But this did not alter the case: the "terms proposed" — proposed in the sense I have stated, and in no other — were derogatory to the honor of our country, and she must bristle up. Yes! our country, the United States of America, must bristle up! Just as she would do if derogatory teims had been proposed, in the most deliberate and solemn manner, by England, or France, or Russia. And against whom must she bristle up? Against whom must she feel indignant and resentful? Upon what object must her high wrath be poured, and the sin of that faction be visited? Upon Mexico! Upon unhappy, distracted, faction-torn, helpless Mexico! She is the being with respect to whom the United States of America must be vigilant and jealous of the high pundonor! Her unhappy inhabi- tants — for they cannot be called a nation — her helpless inhabitants — no wish lay so deep at the bottom of their hearts as the wish to see that very faction broken up and scattered as it has been. It spoke not their will, it had no sympathies with them; it was their op- pressor, their worst enemy; its destruction would be to them deliv- erance. But, on the eve of its downfall, it had made derogatory proposals! Such proposals had actually been written down upon a sheet of paper, and that paper had actually been handed to a com- missioner of the United States of America! The pundonor conse- quently had been touched. And what? Let my country give the 255 [ 52 ] answer. When the truth shall have become known to her, and she shall have bestowed one thought upon it, let her say what are the feelings on her part which become her civiliza- tion, her intelligence, her position of pride among the powers of the earth. Alas, alas, alas! My national sensibility has, I confess it, been outraged. My pride of country — and but few of Ker sons can be prouder of the title — has been touched to the quick, wounded in its very core. But my pride of country is not of the right sort, perhaps; for the indignation which it causes me to feel, directs it- self to what may be the wrong quarter. Most certain am I that the feeling which preceded it was mortification, not anger. Here concludes what I have to say for the present — and I trust I shall never again be under the necessity of touching the subject — under this last of the four heads into which it has divided itself. It had been my intention, on commencing this communication, to limit it to those four heads: that is to say, to an explanation of the reasons by which I have been actuated in taking the deter- mination which now keeps me in this country. But, whilst en- gaged in this task, my mind has necessarily reverted to the whole series of events in which I have taken part, embracing the offer made by me to the Mexican negotiators. Whilst this topic is fresh in my thought, I will, to enable me to dismiss the entire subject at once — and I hope forever — enter into the explanations which that offer requires, in order that a just opinion may be formed re- specting it. In my last despatch, after acknowledging the receipt of the com- munication recalling me, I said: "On a future occasion, perhaps— should I ever find time to em- ploy on a theme so insignificant with respect to the public interests, and so unimportant in my own eyes as regards its bearings upon myself personally — I may exercise the privilege of examining the grounds for the censure cast upon my* course by the President, and explaining those upon which rests the belief, still entertained by me, that that course was calculated to attain the end contem- plated by our government, and was the only one which afforded the slightest possibility of its being attained: the end, I mean, of bringing about a treaty of peace on the basis, in all material re- spects, of the projet entrusted to me. For the present, I will merely call attention to the fact, that a mere offer to refer a ques- tion to. my government constitutes the only ground on which I can be charged with having 'gone so far beyond the carefully considerd ultimatum to which [I was] limited by [my] instructions.' "Whether this offer, under the circumstances and prospects of the crisis when it was made, was wise or unwise — wise or unwise, I mean, with reference to the end desired by our government — is a question which no longer possesses any practical importance; though the time was when it constituted with me a subject of the most careful and the most anxious deliberation, not because of the personal responsibility attaching to the decision in which that de- liberation resulted — for that never occupied my mind for an in- stant — but because I knew, and I felt, that upon my decision de- [52] 356 fended, according to every human probability, the early cessation of the war or its indefinite protraction. The alternative presented by the position in which I found myself was, on the one hand, to keep on safe ground, so far as I was personally concerned, and destroy the only possible chance for peace; on the other hand, to assume responsibility and keep that chance alive, with some pros- pect, at least — and, all things considered, as perhaps I may here- after take the trouble to show, by no means a prospect to be despised under such circumstances — that the adoption of our projet might come to pass." I At the time when this was written, I had no idea that I should ever occupy the position in which I now stand. I considered my connexion with this whole subject and with public affairs gene- Tally (except as a citizen) as having terminated forever; and re- garding the question, therefore, as devoid of all practical import- ance to our country, I deemed it improbable in the extreme that I should ever allow myself to be tempted to waste upon it any por- tion of the time which I am provided with full occupation for, during the remainder of my life, upon numberless topics, the inves- tigation of which is to me a pleasure, that nothing but the active duties of life has power to draw me from. But the state of the case is now entirely changed in this respect. In consequence of the determination upon which I am now acting, the question has again become one of direct practical importance to our country: for it has a forcible bearing upon the question presented by that determination; so far, at least, as regards my fitness or unfitness, as manifested by past events, to form determinations of this nature, and consequently, so far as regards the probable complexion of the results which may be expected in this instance. If in the for- mer case — one of some difficulty, certainly — my decision was really not a stupid one, but the reverse; if it was not calculated to in- jure, but, on the contrary ,.was calculated to advance the cause which it was intended to promote, then will this afford a presump- tion, at least, that I am not acting stupidly or mischievously now. And vice versa, should that decision, upon an attentive considera- tion of the grounds on which it rested, appear still to have been unwise, this will afford a presumption that my present course par- takes of the same character. In this respect, therefore, the subject is one of immediate practical interest at the present moment. The question is, whether the offer made by me was wise or un- wise, with reference to the end desired by our government: this end being the early conclusion of a treaty, on the basis of our projet in all material respects; that is to say, so far as regarded boundary, amount of compensation, and the principles involved in the minor details. What were the circumstances and prospects under which it was made "? This question is, to a great extent, answered by what has been stated above, under the four heshds. It has there been seen, in part, on what grounds rested my conviction that Santa Anna was earnestly and anxiously disposed to peace; that the renewal of hostilities would inevitably result in the dissolution of the fede- 257 [ 52 ral government; that the formation of another federal head improbable in the extreme; that even supposing one to arise, its character, with respect to the restoration of peace, was altogether problematical, and the chances very greatly on the side of its be- ing adverse. On the other hand, should the armistice be prolonged, these re- sults, would, in all probability, follow: Santa Anna's position, with respect to his own countrymen, would become stronger and stronger every day. Ever; supposing the causes which had made him recede from the determination which had produced his mani- festo to remain in full force, his means of self protection, whilst acting in defiance of those causes, would augment. His nerves would have time to recover from the shocks they had received from protests on the part of the State governments, and arguments and warnings on the part of individuals, which had been pouring- in upon him ever since the rumor of an armistice had gone abroad; and which proved how vivid was the apprehension, and how ex- tensively it prevailed, that he was about to make peace. But the causes just referred to could not remain in full force. To say no- thing of the means he would himself employ for diminishing them, their diminution could not but happen in a way altogether inde- pendent of him. The moderado party, which heretofore had kept entirely aloof from him, and had never taken any part in public affairs except in opposition to him, now found themselves com- mitted in a very great degree to give him their support, so far as this might be necessary for the restoration of peace. That party ~had long wished for peace, and the chief cause which had deterred them from active exertions to bring it about was the fear that, if made while he was at the head of affairs, it would confirm and per- petuate his power. While he had been waiting for an opportunity when it might be made with advantage to himself, they had been waiting in the hope of seeing his downfall. But now, four of the leading men of this party had committed themselves irrevocably to the cause of peace, even although it should be made by him. They had gone so far even as to commit themselves in favor of the ac- ceptance of our proj£t; and this fact — as is proved by Romero's letter — was known to their political enemies. At the head of these four men was General Herrera, the favorite candidate always of the moderado party, and of the people, for the presidency, as is proved by his having repeatedly been elected to that office. He is at this time the President elect, by a perfectly fair constitutional election, and is to come into office early in January. From this resulted a strong probability that the influence of the whole party would immediately begin to exert itself actively in favor of peace. What, then, did I expect from the offer made me % In the first place, this offer, if accepted, would commit the Mexican govern- ment, commit Santa Anna, commit the commissioners — officially commit them all — to eve f principle involved in the treaty; to the principle of alienating their territory; and, in a very great mea- sure, to the alienation of that territory to the extent demanded by us. Beyond this, I expected, Jirtt, that the answer from Washing- 17 [ 52 ] 258 ion would be a, peremptory refusal to accede to this modification nof the boundary : a refusal which — even if matters here should then remain precisely as they had stood when I made the offer, and none of the highly piobable changes in favor of the cause of peace should then have occurred. — would at least be attended with the effect of conclusively satisfying them that, the determination of our government, on this point, was wn chaw geabl e ; an effect which, con- sidering my long absence from Washington and all the circum- stances of the case, could not possibly have resulted from any de- gree of inflexibility on my part; for this would naturally be ascribed to timidity about departing from instructions. I expected, second- ly, that when this answer should be received from Washington, the state of things here would be infinitely more favorable to the con- clusion of a treaty; and that Santa Anna, thus encouraged, would have recovered entirely from the agitation which had unmanned him, would have become restored to and confirmed in the determi- nation which had produced his manifesto, and would adopt our projet. This is what I expected, as the almost certain result of the ac- ceptance of my offer. But, without believing my judgment infalli- ble — and the weakness of my understanding does not go to any such extent^-I could not feel absolutely certain that our govern- ment would give such refusal. My conviction in regard to the de- gree in which the restoration of peace was desired at home, by the country, by the government, by the democratic party especially — on broad grounds and on narrow grounds; my convictions in re- gard to the degree in which the restoration of peace was desirable to our country — these convictions all came upon me in full force. I recollected, too, that the establishment of a " desert" boundary had once been a favorite idea with a portion, at least, of our states- men. Influenced by these convictions and this recollection — inde- pendently of the positive advantage which the prolongation of the armistice offered, as has just been explained — I felt it to be my duty to afford to our government the opportunity of determining for itself, whether, under existing circumstances, it would or would not be advantageous to our country to accede to this modification of the boundary, rather than protract the war indefinitely. What ■would have been my feelings as a servant of the government, as a citizen, as a man; what would have been ray feelings, had I, at such a crisis as this, opened anew the dread flood-gate of war, and afterwards discovered that the chance for the restoration of peace, thus destroyed by my cowardly and imbecile selfishness, would have been acceptable to our government? With ragard to the military consequences which would have at- tended the acceptance of my offer, th< se would not have dtterred me from making it, even if the probability as to them had been, to a certain extent, unfavorable to us; that^s to say, if it had seemed probable that the difficulty of taking the ciiy would be greater at the expiration of the forty or forty- five days, than it thei-; was. For, even in this case, 1-should have been govmud by the consid- eration that the object for which our army had been sent heie — the 259 [ 52 ] object for which all the blood and treasure thus far poured out had been poured out — was peace. And bearing this in mind, as I have constantly done — and as General Scott has constantly done, to his eternal honor, let it be repeated ! — bearing this in mind, it struck me as absolutely incompatible with the motive for the ex- penditure of all that had been expended, that a good chance for peace, and for preventing all further effusion of blood, should be thrown away, rather than incur the mere risk of slightly increasing the difficulty of the next step in the prosecution of hostilities, should the necessity for their renewal occur. This is the view of the subject by which I should have been governed, even on the supposition I have made. But that suppo- sition is the reverse of the truth. The military consequences of the prolongation of the armistice would have been advantageous to us in a high degree. To say nothing of the chance of reinforce- ments, the effective strength of our army could not but increase by the recovery of the sick and wounded, who were now, under cir- cumstances highly favorable to them, occupying positions far healthier than the city, at that season particularly. Towards the end of October the heat would have become far less, the dry sea- son would have set in, and the roads would have become dry and firm, and the artificially flooded lands would, to a great extent, have become so likewise. The only evils in the opposite scale, mentioned in the President's criticism upon the proposed prolongation of the armistice, are, that it would "have afforded the Mexicans an opportunity to recover from their panic, to embody their scattered forces and prepare for further resistance." These evils had, I confess, very little weight with me. This opportunity had, to a far greater extent, and under circumstances immeasurably more advantageous to its being used effectively, been afforded them by General Scott's forced detention at Puebla, through his numbers there being kept down below one- half of the force which, according to his plan of campaign, was necessary to insure its success, and which it had been promised that he should have. And yet, what had been the result? Let Contre- ras, and the events which followed on the same day, give the an- swer. These had certainly not been of a nature to diminish the mental impressions made by Cerro Gordo; and they served also to prove of what great .worth it was to them to recover from their panic, even supposing such recovery to take place whilst they were in the immediate presence of the terrible men whose utter recklessness of life — for this was their own way of talking of them — they had just had such a specimen of. As to the embodiment of their scattered forces, this had already taken place, as far as it was possible that it should happen. There were no more troops anywhere to embody. Upon this point there was no difference of opinion among the most intelligent and best informed foreigners in the country; a class of men w ho are receiving every day letters from every point of the compass, which keep them constantly in- formed of every thing that is going on, civil, political, or military, for such is — for reasons that aie perfectly obvious — the natural aud 52] 260 regular complexing of even commercial correspondence in a country so constantly convulsed as this. With respect to what else might come under the general head, " prepare for further resistence," this limits itself to the strength- ening of fortifications; and these were already so strong that they could not be made stronger; so perfect and complete everywhere, that, save i trifling finishing off here and there, nothing could be done to them, except to carry them, as no one doubted that our troops would do the first time they undertook it, although, for the reasons above stated, it would have been a somewhat easier and a far more comfortable and less dirty job — in the way of mud and water I mean — late in October, than early in September, notwith- standing the fact that we were favored by the weather to a degree which the oldest inhabitants would have pronounced impossible. The detention of our army at Puebla had left the Mexicans noth- ing to desire in the way of time. On the contrary, time was now a burden to them, owing to the daily increasing difficulty of com- manding means to subsist the troops collected here. This was to them a most serious evil, and a cause of constant disquietude. I have omitted to mention it among the military advantages which would have resulted to us from their acceptance of my offer, be- cause, although it would have been a real advantage in this point of view, it would have been a most serious evil with reference to the object for which I made that offer — peace. In this regard there was nothing which gave me more, or even so much uneasiness as the prospect of the army's disbanding itself, and of Santa Anna's being thus left without the kind of support on which alone he could ever rely for any purpose, and the continuance of which was absolutely indispensable to his making that treaty of peace which constituted the object for which our army had invaded Mex- ico, and now found itself at the gates of her capital; and which, at that time, no human being here considered as being possible, except at his hands. On the question as to the value of the prolongation of the armis- tice to the Mexican side, Santa Anna may be admitted to be a tol- erably good judge. He knew better than any one else — his bit- terest enemies would readily admit this — what use could be made of forty or fifty additional days, whether in the way of curing his officers and men of the panic disease, or in the way of embodying troops, or in any other way of preparing for further resistance. And what did he think on the subject? He thought that the mea- sure would be attended with military advantages to us, so impor- tant and so perfectly obvious that he at once pronounced my offer to be, not a diplomatic trick on my part, but a military trick, orig- inating with General Scott; and so barefaced a one too, that he act; placed in a position in which he must take the responsibility of refusing or granting; and this without the remotest hint in re- gard to the considerations by which he was to be governed when placed in the alternative. And suppose the armistice to occur, and such a state of things to arise as that which did arise — a state of things which, so far as regarded the negotiation merely, is of con- stant occurrence in diplomatic transactions; that is to say, the treaty which I was authorized to make could not be made, but a certain approximation to it might be effected; — suppose this to happen, what was then to be done? Why, of course, acquaint your gov- ernment with the state of the case; this is the dictate of common, sense, and the constant practice accords with it. But, the armis- tice-, what is to be done meanwhile as to the armistice'? Suppose the continuation of this to be a matter of obvious and indubitable necessity to the preservation of even this chance for the restora- tion of peace; what is to be done then? Here is another alterna- tive. There is no escape from it. The armistice must be contin- ued, or it must be discontinued. A positive decision is called for. The question is not between acting and not acting, between moving; and standing still, between doing something and doing nothing^ between assuming authority or not assuming authority. The ques- tion is between doing one thing or doing the opposite thing. Such is the nature of the alternative. And here, also, did the comman- der of the army and the commissioner find themselves planted by the government in a position where they could not but take the responsibility of doing the one thing or the other; and this, as I said before, without the remotest hint in regard to the considera- t tions by which they were to be governed. [52] 264 Finding myself in this position, I made my election to the best of my judgment, governing myself by what I knew to be the end for which I had been sent here, and the spirit in which I had been sent. In making this forced and inevitable election, I cannot with, any accuracy be said to have violated or departed from, or trans- cended my instructions in any way; nor even to have assumed au- thority beyond the sphere assigned to me by those instructions. Above all, I cannot be said to have gone far beyond the ultimatum to which I was limited. The Presidehts's "opinion" that the prolongation of the armis- tice u would have been truly unfortunate," is expressed in the fol- lowing words: " To have arrested our victorious army at the gates of the capi- tal for forty or fifty days, and thus to have afforded to the Mexi- cans an opportunity to recover from the panic, to embody their scattered forces and prepare for further resistance, in order that in the meantime you might refer such a proposal to your govern- ment, would, in the President's opinion, have been truly unfortu- nate." Such is the u opinion," or, in other words, the decision or con- demnation, passed by the Chief Executive functionary upon the conduct of one subordinate to him. Infallibility of judgment, how- ever, is not among the attributes of a President of the United States, even when his sentences rest upon full and accurate knowledge of all the facts and circumstances on which their justice depends. Conformity to those decisions, so far as they have a bearing upon their respective fields of service, is all that duty requires on the part of subordinate executive agents. The convictions on which they rest, however honest and however mature, have no right to demand adoption, or to require an acknowledgment of their just- ness. It is the right of every citizen to examine into this for him- self. This right I have exercised with respect to the sentence passed in the present instance; not because of its bearing upon my- self, but for the reason that a full examination into its merits, and into the entire subject, was demanded by the highest interests of 3ny country. The ill consequences here attributed to my offer, in case it had "been accepted, have already passed under review, and been seen to ~be altogether illusory, altogether the reverse of those by which it was likely to be attended. I will here only remark, that to arrest a victorious army at the gates of the enemy's capital is not in it- self necessarily an imbecile or an unwise proceeding. The most that can be said in favor of the propensity to view it in such light is, that there is a prima facie presumption on its side, and that this advantage may give to the condemnation of the measure a strong hold upon the public mind, although it be in truth altoge- ther devoid of justice. A rational judgment upon its character re- quires an attentive consideration of a number of questions, which "vary according to the nature of the case. Among the inquiries pertinent to the present one, is the following: Why, for what pur- pose, was u our victorious army at the gates of the enemy's capi- 265 [ 52 ] tal ?" Was conquest the end in view 1 or was it military glory and fame, for the army and its commander, and its country 1 This inquiry is fully answered by the solemn asseveration so often made by our government. It was neither conquest nor glory. Peace was the end aimed at. It was solely through the earnest desire of our country and its government for a treaty of peace, that our army had been sent into Mexico. Such being the object for which our army, " our victorious army," was " at the gates of the capital," it follows that to arrest it there, whether for forty or fifty days more, or for a longer period, would have been a wise proceeding or a foolish one, according to the 'probabilities which presented themselves with reference to its conduciveness or its adverseness to that end. Upon this question, the preceding pag«s shed some light. Throughout, I have proceeded on the assumption that peace, by means of a treaty, in harmony with what our government judges to be the just rights of our country, is the end, and the sole end, for ■which hostilities are waged against Mexico. This conviction has governed me on every occasion, and it has constantly governed General Scott likewise. How entirely he has been controlled by it, may be judged by this one fact: on our departure from Puebla, he believed that as we should be descending the slope into this basin, •we should be met by an offer to treat, in which case it was his in- tention to halt the army at the first suitable place, and there await the result. He well knew what a harvest of glory had ripened for our army on this plain, for he never for an instant doubted the issue of the campaign, nor of a single conflict that has taken place; but his mind was made up, and cheerfully made up, to forego all this, when already within his grasp, in order to fulfil the desire of our government and our country for peace. But, most greviously would he have erred, if Major General Gideon J. Pillow is to be relied upon as an exponent of the views of our government. When the armistice was drawing to a close, this person, then the second in command of this army (/) took occasion to have a diplomatic conversation with a gentlemen be- longing to one of the foreign legations here, who, with expressions of surprise, repeated it to me directly after. General Pillow hav- ing expressed great disapprobation of the armistice, (which he had been in favor of before it was entered into,) had been answered by explanations of its indispensableness to negotiation. These ap- pearing not to have any weight with him, the gentleman in ques- tion was lead to say, li Why, I thought that the object of your gov- ernment in this war was a treaty of peace." "True," (replied Gen- eral Pillow,) " that is the object of the war; but the object of this campaign was, to capture the -capital, and then make peace." This was from the individual, then, as I have already observed, second in rank in this army, and who, in the event of the death or disability of General Scott, would have succeeded to the command! — an individual who gives himself out for the maker of the Presi- dent, (by having procured his nomination at the Baltimore con- vention,) and as the President's other self — a pretension which I [ 52 ] 266 have reason to believe but too well founded. Justice towards Mr. Polk, and respect for truth, alike require, however, that I should not utter this belief, without at the same time expressing my perfect conviction that the identity referred to extends no fur- ther than the point to which it is carried by a blind confidence on the part of the President, in the understanding and the principles of a man who, of all that I have ever known, */s the most unworthy of confidence. Beyond this point, the identity goes not. There is not the slightest resemblance between their character in any one respect. I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. [confidential.] Mexico, December 4, 1847. My dear Mr. : This letter will occasion you great surprise, but no greater than I should myself have experienced a few hours ago, had a seer, in whose prophetic powers I put faith, foretold to me that I was to write it. Down to that moment, I have, from the time when 1 last wrote to you, considered it as a thing fixed and unchangeable — as absolutely 'fixed as any thing can be — that the treaty of peace, which. I yet hoped might take place at an early day, was not to be signed by my hand. True, every time the subject presented itself to my. mind, my fears had become greater and greater that the opportunity would be lost. The criti- cal position of the peace party — whose difficulties and whose peril, as we fully know, cannot but augment with every revolving hour, until their object shall have been consummated — had seldom been absent from my thoughts; and every time it occurred to me, I be- came more and more deeply and anxiously impressed with the pro- bability that, through mere delay, through the mere loss of a i'ew weeks, all their efforts were to prove vain; that the incessant ex- ertions, the indefatigable industry, and the patriotic courage on their part, by which the present ftate of things has been brought about, were, after all, to result in nothing; nay, in something far worse than nothing; their own entire prostration and dissolution, through flat despair and death to the sentiment of peace, in every bosom which has cherished it. Still, although this has constantly been the state of my mind on the subject, I have never, until a few hours ago, for an instant wavered from the determination expressed in my reply to your letter; never once conceived the possibility of a change in that determination. So convinced had all become, that it was fixed, beyond the possibility of change, that all entrea- ties and arguments to move me had long ceased. Nevertheless, it now stands reversed. For good or for evil, this reversal has oc- curred, and has been made known in the proper quarter. I am now resolved, and committed, to carry home with me a treaty of peace, if the Mexican government feel strong enough to venture upon ma- 267 [ 52 ] king one on the basis, as regards boundary, of the projet originally presented by me, modified according to the memorandum' which 1 subsequently gave to one of the commissioners; that is to s;iy, running up the middle of the Rio Bravo from its mouth to the thirty -second degree of latitude, and thence along that parallel to the Pacific ocean; with free access to and from the ocean, through the gulf of California, from and to our possessions. If they feel able to make and carry through a treaty on this basis, it would be utterly idle to talk or to think for an instant of any other, and I cannot listen to a single word on the subject; let tlnm say the word, and- the treaty shall be made. If they do not feel thus able, let them surrender at once to the Puros, and dismiss forever all thought of a treaty; for it is the last chance that Mexico can have for one equally favorable to her, or indeed for one which any party in this country can accept. I am fully persuaded that its terms would not, by any means, meet the views now entertained by my government. So decided is my belief on this point, that even if I were clothed with discretionary pow- ers to make any treaty which I deemed compatible with those views i I could not consistently with this limitation offer the terms I now propose; and I should not now make the offer but for my clear and perfect conviction on these three points: First, that peace is still the desire of my government: Secondly, that if the present oppor- tunity be not seized- at once, all chance for making a treaty at all will be lost for an indefinite period — probably forever: Thirdly, that this is the utmost point to which the Mexican government can, by any possibility, venture. It is my conviction on the second of these points particularly — a conviction which has been becoming clearer and stronger every day for the last fortnight — that causes me to depart from the de- termination I had taken; a determination which, in any other posi- tion than the one wherein this most extraordinary, this altogether unprecedented combination of circumstances, places me with re- ference to the known wishes of my government and country — places, indeed, that very country itself — it would be so obviously sny duty to allow nothing to shake. In my last despatch home I represented the nature of the crisis, and recommended the imme- diate appointment of a commission. I then hoped that this step might be taken in time. I then considered that whether it should or should not so turn out, and whatever might be the consequences of its turning out otherwise, I had nothing to do but close my eyes to those consequences; for they had passed entirely beyond my control. I did so close my eyes, and I believed for the moment that? the subject was dismissed forever from my thoughts. But ever since then, the hope that the step referred to can be t.ken ere it will be too late, has been becoming fainter and fainter every day; and as it has thus waned, so have the consequences presented themselves under a more and more threatening and disheartening aspect, as they loomed up through the dim future in their as yet indistinct and ill-defined character, but plainly incalculable im- mensity. [52] 268 Thus has the question which your letter had raised in my mind, and which, on concluding my reply, I had considered as dismissed for once and all, again come up, and brought itself home to me. What is my line of duty to my government and my country, in this most extraordinary position in which I find myself? Knowing, as I do, that peace is the earnest wish of both, is it, can it be my duty to allow this last chance for peace to be lost, by my conforming to a determination of that government, taken with reference to a sup- posed state of things in this country entirely the reverse of that which actually exists? Upon full reflection, I have come to the conclusion that my duty is, to pursue the opposite course; and upon this conclu«on I have taken my stand. It remains to be seen whether the Mexican government can come up to the mark, and give effect to my resolve. u JVow or never'''' is the word; and I need not say to you that this word is uttered in all sincerity, and with as total an absence of all diplomatic reserves behind it as ever occurred in the most solemn vow pronounced by man. I have had no new instructions, no hint of any kind from Washington or else- where, in or out of the United States. The case stands in this res- pect precisely as when we parted. I am, &c, N. P. TRIST [No. 23. j Head-quarters of the U. S. Army, Mexico, December 20, 1847. Sir: In my last despatch, under date the 6th instant, the gover- nor of the State of San Luis Potosi is mentioned as dissentient, in the meeting of governors which had recently taken place at Quere- taro, from the determination there formed, to support the existing federal government in its peace policy. I had no idea, when thus alluding to this functionary that I was to be indebted to him for so striking a corroboration, as the one herewith transmitted, of the accuracy of what I have there stated with respect to the character and the intentions of that government, regarding the restoration of peace. I refer to this letter, under date the 24th November, addressed by him (Don Ramon Adame) to Senor de la Pefla, as minister of relations, and republished from a Toluca paper, in the enclosed number of the "Razonador" of the 18th instant. The pretext for this letter, as will be perceived, is to ask for a copy of the pro- ceedings at the conferences which the writer attended; which, re- quest being prefaced by a statement of what had occurred at those conferences, the whole is then published, in furtherance of the designs of his party; desigas which have been explained in my pre- vious despatches. The burden of his complaint, as will be seen, is, that at the very opening of the conferences the government established as a pre- liminary, that the meeting of the governors had been called solely for the purpose of advisement, and information, and not in order 269 [ 52 ] that the course to be pursued by the government should be submit- ted to their decision, or be controlled by their views. He says: "The cabinet constantly insisted that, even if their votes should be taken, the result was not to be regarded as binding upon the government; and, having previously fortified themselves with ex- tensive reports, they precipitated the question, (in utter disregard of the point which had been raised,) by entering upon an exposi- tion of the objections to continuing the war, of the. embarrass- ments of the position of the country, and establishing definitively the necessity of making* peace; of making it in this very negotia- tion, now pending, as being the last opportunity, although this op- portunity afforded not the means of recovering the hour which has been irreparably lost." He complains that the convocation of the governors had not for its object even so much as to advise with them, inasmuch as the only purpose which it was made to serve, "was that u of establishing in their presence, and without calling on them for an official opinion on the question, the necessity of making peace. A judgment, on the part of the cabinet, so uniform as this, decided the question.'' 1 He states, also, that "in the course of the debate the ministry had manifested doubts as to the efficacy of the decrees of the States against an ignomi?ious peace, and as to the 'value of that spirit, with which the country is palpitating, against consenting to conquest, or to a shameful peace.'' 1 Again, he says: "Not only had the cabinet taken from the gov- ernors, or nullified, the very function which it had reserved to them, that of enlightening; but, satisfied wijh their own peculiar data. protected by those which might be afforded by that communication from Mr. Trist, and fully conscious that neither advice nor light was either practicable or desired, they put forward their own pre- determined and no longer doubtful vote in favor of making peace. This opinion so firm, this conviction so profound, of its necessiy, was at the same time attested by the resignation of the ministers' of relations and of justice and finance, if any other course was to be given to the negotiation. For myself, I did not choose at that moment to mortify the supreme magistrate, by an observation whicb went to demonstrate that a predetermined plan of proceMina- so in- vincible as this, placed him under subjection and deprived him of all liberty to pursue the path of public opinion.'''' Such is the account given by this governor , of the inflexibility manifested by the present federal government, in their determina- tion to make peace; to make peace in the only way in which it was practicable, by acceding to our terms. Thus substantial was the ground for the alarm with which the minds of the opponents of peace, were filled, at the moment when that alarm was suddenly turned into exultation by the news of my recall; or — to state, with- out any reference to myself, the cause by which this effect was pro- duced — by the news of the President's determination to withdraw ihis mission. This it is, that did the mischief; for my removal, had the change been limited to this, would have been a mere cir- cumstance. Not that it would have failed to occasion deep sor- row, and even alarm, in every bosom friendly to peace; for I do [52] 270 know — and so does every foreigner here, and so dees every person who knows anything about the matter — that these feelings would have been excited; but they would have been unattended with any important consequence; ihey might even have exercised a favorable influence, had my place been instantly refilled; for then my recall would have amounted, only to a manifestation of the displeasure of my government at the spirit of conciliation evinced by me — or at my want of judgment, or whatever else it may be called — and to a proof of the inflexibility of that government, in exacting a literal compliance with whatever it might deraand*bf this country. The blow then received by the cause of peace has, within a few days, been followed by another, scarcely less .severe, from Mr. Clay's Cincinnati speech and resolutions. All remark would be superfluous upon the tendency of these to shake even the firmest and most resolute friends of peace, in the conviction to which their minds had been brought respecting the absolute indispensableness of the sacrifice of territory involved in the acceptance of my offer. This conviction had become perfect, and I entertained no appre- hension whatever of its undergoing any change, except by becom- ing every hour more' and more deep and settled. But now, there are manifest indications of its having been shaken; and even if it should recover from this shock', and become as firm as ever — a sup- position which defies all probabilities — there would still remain the 3olid ground, thus furnished by that eminent citizen of our coun- try, for bringing against any treaty which may be presented for ratification, the objection tha* the sacrifice which it makes is totally unnecessary. And should the treaty which I have offered to make be carried through, all those who may have taken part in it will forever remain exposed to the charge of having, without any neces- sity whatever for parting \\ r i t h any portion of their territory, how- ever sm^ll, surrendered one half of their country; a charge which, however unfounded it might in reality be, could never be refuted^' could never be otherwise than highly plausible, in the presence of such a declaration of views from a statesman of Mr. Clay's wide celebrity and immense influence. This is the position into which the peace party now finds itself thrown, by a shock proceeding from our country, at the very mo- ment when the object for which they formed themselves and for which they have been toiling, without remission, ever since the dissolution of the government in September last, was about to be consummated. Their sincerity and their steadiness of purpose thus far have placed themselves above question ; and the impression upon every mind acquainted with the facts which have been occur- ring, within the last few weeks particularly, has constantly strengthened, that peace was at hand; that, within a very shoit period after the assembling of the new Congress, early in January, the treaty would be ratified. What are to be Ll.e consequences of. this fresh blow lo the cause, is more than any human being can pretend to tell. Some deem it fatal; others are sill sanguine. For myself, I have had some moments of despondence, but they have beeu transient : \ snll see good reason to hope on still. At 271 [ 52 ] any rate, the suspense will not be long : ten or twelve days more, and the question is at an end. The enclosed "Razonador." will be seen to contain also the pro- jet of a law presented by Sefior Perdigon Garay, a distinguished member of the puro party, and the mover of the articles of im- peachment against General Mora y Villamii, charging him with treason, which constituted one of the numberless manoeuvres for breaking down the peace party. The declared object of the pro- posed law is, "to establish during the war, and for the purpose of repelling the invader ," a certain body of troops, to consist of one man for every two hundred souls, and to be denominated " militia of the confederated States." By any one acquainted with the state of things here, its real object is seen, at a glance, to be the highly laudable one of taking advantage of this pretext for embodying and disciplining a body of citizen soldiers, as a security against their own enormously overgrown army of generals, who, so long as, the country shall remain at the mercy of their pronunciamentos, constitute a fatality, under which every element of good that it contains must continue to be smothered. I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. P. S — It is scarcely necessary to say, that the " communication from Mr. Trist," referred to by Sefior Ad a me, (and which he states - that the Executive declined to lay before the meeting of gov- ernors,) was my note to the Minister of Relations, under date October 20, transmitting my reply to the last communication from the Mexican commissioners. [No. 24.] Head-quarters of the U. S. Army, Mexico, December 26, 1817. Sir: In the enclosed numbers of the " Monitor Republicano" (a staunch and steady advocate of peace, it is to be borne in mind) of the 23d ami 24th instant, will be found an "exposition" from the deputies of the puro. party, which constitutes the last stand made by them — in the character, I mean, of members of the expir- ing "sovereign constituent Congress" — against the consummation ot the measure upon which the government is known to them, and to every one, and to be intent. Besides the interest attaching to it in this point of view, it is richly deserving attention from all who may be desirous ot understanding the real state of this coun- try, with reference to the question of peace : the real state of the country, of its heart and core, as contradistinguished from the merel) superficial appearances presented by the tricks of personal factions, or even by the mere manoeuvres and stratagems of parties. I£or,as 1 have already had occasion to explain in former despatches, the diversity of sentiment upon which the question of peace now [ 52 ] 272 turns, divides those between whom its decision rests into parties, into national parties, in the highest and best sense of the term; the consideration by which they are both governed being the good of their country. The one desires immediate peace, believing it to be indispensable to the preservation of their nationality. Indeed, they desired it long before matters came to this pass; but now they desire it for this additional and paramount reason. Believing the necessity for peace to be thus peremptory, and convinced that an acquiescence in our demand is the only way to obtain peace, they are ready for the sacrifice, heart-rending as it is to them. The op- posite party are no less sensible of the value of peace, and no less decided in their wish for it. But, believing that its restoration under existing circumstances would be fatal to their hopes for the political regeneration of their country, they are immovably fixed in their determination to prevent it if they possibly can, at whatever risk, at whatever cost, and by whatever means. So far as depends upon any efforts which they can make, the war is never to end until it shall have been made conducive to this great object : an object which many of them had in view long before the war com- menced • and which, even at that period, directed their course with reference to the causes which gave rise to it. To this policy more than one convert has, I know, been made within the last month or two. Indeed, it is rapidly gaining ground from day to day. From this party proceeds the state paper here referred to. It would be a great error to confound it with the declamatory trash proceeding from Santa Anna, and the like, who, having never any other object in view than the attainment of their own base personal ends, have ever been ready to profess eternal devotion to one set of principles to-day, and to swear perpetual allegiance to the op- posite cause on the morrow. This is different stuff, quite. There maybe exaggeration in the inflexibility which they ascribe to their own purpose; and there maybe — there doubtless are — great diver- sities of character in the signers, with regard to honesty and purity, as well as to steadfastness of purpose. But, be this as it may, it is no sham, it is a real purpose; the purpose, not of a chameleon faction, but of a national party: a purpose, not of mushroom prowth, but the matured product of the studies and experience, the convictions and'sentiments, pursued and hoarded up and cherished during long lives. It is a genuine part of the genuine and deep- seated patriotism of this unhappy land — a land, some of the sons of which, at least, are worthy of a better lot. It will be observed, that they stop short of saying upon what terms and conditions they would make peace, except so far as the suggested withdrawal of our troops (which they know to be an im- possibility) may be viewed as a condition. They confine themselves to a statement of what they are opposed to, of what they will not do, of what they will never consent to. They will not consent to the extinction of their nationality — they do not say to its amal- gamation. They will not consent to the dismemberment of their country, nor to its conquest — they do not say to its incorporation, 273 [ 52 ] They will not consent to either, because either involves the subju- gation of their race, placing it on the same footing as the barbar- ous tribes who have melted away before us, and leads directly and inevitably to its extinction. All this is perfectly compatible with a strong desire for incorporation with us; or, if this be impracti- cable, for a close political connexion. Upon this topic, I will refer, as also highly meriting attention as an indication of what is thought and felt in this country, to the (Views presented in a communication from a very able hand, under date Gaudalajura, October 15, republished in the " Monitor Re- publicano" of the 8th and 9th of November; to which I called at- tention at the time of transmitting those papers, marking the arti- cle and many of its passages. Under cover of an exceedingly bit- ter invective against what we have done, a view is taken, with great boldness and force, of what we might have done, and may yet do, to insure the happiness and win the heart forever, not of Mexico alone, but of the whole of Spanish America. That view, with variations as to matters of detail, is the ultimate view of the " puro party, or progress party," as they call themselves in the enclosed "exposition;" which manifesto, as will be perceived, closes with the following reference to their own character, objects and conduct as a party, previously to this contest': " Wherefore, although profoundly affected by the effusion of blood, and the other calamities which attend the struggles o-f na- tions, we solemnly proclaim the continuance of the war, because it is the only mode left to us for upholding a just cause, and main- taining the incontestible rights of our country. Apart from this, fully aware of the incalculable advantages which are secured to mankind by the 'political and economical principles proclaimed by the wise, we have been constant in defending democratic liberty and the holy cause of civilization, as the means of giving prosperity to our republic, and of exciting in her favor the sympathies of the world. But, calumniated and persecuted by those very men who now proclaim the impotence of our country, after having rejected the means of making her strong, our labors have been to no purpose; and now, we all find ourselves borne down under the sad consequences of the wretched politic* of those who have chosen to force us to live in the sixteenth century, whilst surrounded by people who live the life of the nineteenth. " We love our fellow-men, and we have wished to attract them to our native land, that they might here, under the influence of a hu- manising and generous legislation," (referring, of course, to the legislation which they have wished and striven to secure for their country,) u participate of the wealth we have inherited from our fathers. But we cannot consent to the endeavor to humble our country, to dismember her territory, in order that she may soon be blotted out from the catalogue of nations. Still less can we con- sent to the extermination of our race; and, as the preparation for this, to its being covered with opprobrium and ignominy." This, I repeat, is not to be confounded with the soulless verbiage under which Santa Anna, and characters of his starap ; seek to cover 18 [52] 271 up the sordid purposes of which alone they are capable. It comes from human hearts. It wells up from the bosoms of men who have told me that, when this war shall cease, whatever territorial arrangements may then be made, they want no money from us, 6e- cause it would serve only to corrupt their politics still further, and render their purification yet more desperate. I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. [No. 25.] Head-quarters of the'U. S. Army, Mexico, December 29, 1847. Sir: A short time ago, in my despatch of the 20th instant, I had occasion to mention the unfavorable influence which Mr. Clay's Cincinnati speech and resolutions were exercising here upon the cause of peace. Since then the President's message, brought to this city on the 25th instant, by a special courier from Vera Cruz, has been operating in the same direction, by affording encourage- ment to the puro party to redouble the desperate efforts they are now making to prevent the impending treaty, which, just three days ago, I heard that some of the party considered inevitable. The arrival of the message at this critical instant may be attended with consequences similar to those produced by the appearance of Bulow and Blucher on the field of Waterloo. I refer to that part of the message in which the following sen- tences occur: u In such event, it may become proper for our com- manding generals in the field to give encouragement and assurances of protection to the friends of peace in Mexico, in the establish- ment and maintenance of a free republican government of their own choice, able and willing to conclude a peace which would be just to them and secure to us the indemity we demand. This may become the only mode of obtaining suck a peace. Should such be the result, the war which Mexico has forced upon us would thiis be converted into an enduring blessing to herself. After finding her torn and distracted by factions, and ruled by military usurpers, we should then leave her with a republican government, in the en- joyment of real independence and domestic peace and prosperity, performing all her relative duties in the great family of nations, and promoting her own happiness by w r ise laws and their faithful execution." The "event" here referred to as the one in which this "encour- agement and assurances of protection" are to be given by us is, the failure of " the continued successes of our arms to secure a satis- factory peace?'' Now, as I have explained in several of my des- patches, this failure is the very thing which the puros have been all along, and now are, striving for; and this, not because they are unfriendly to peace, but because they believe that, to prevent it, is the sure way, and the only way, to obtain for their country that 275 [ 52 ] very encouragement and protection the prospect of which is here held out by the President. Their first choice (that of a considera- ble portion of them at least) would be annexation; but, failing in this, they would most joyfully accept what is here proferred; and, to this extent, thousands would go with them, who are not in favor of annexation, or who are even resolutely opposed to it. It is exceedingly unfortunate, therefore, that this promise of what they have for years been toiling to bring about, and have recently succeeded in making the object of desire to many who have here- tofore had no political sympathies with them, should be made de- pendent upon the protraction of the war. Thus far the success of their policy could not but be more or less problematical, even to those by whom it was first conceived, and who were indissolubly wedded to it, come weal or come wo; while to less ardent or less resolute minds the consideration always presented itself that, al- though such a state of things might result from protracting the war, yet, on the other hand, the result might be the subjugation of the country, and the enslavement and extinction of their race. From th' ir tendency to give force to this consideration, and thus to dis- courage the puros and counteract their proselytism, I have not been so ~"y, however deeply humiliating it was to my pride of country, to have repeated to me by foreigners of unquestionable veracity, to whom they had been uttered, such remarks as the following, from the lips of one of our officers high in rank, recently arrived here: " This army has not come to conquer a peace; it has come to con- quer the country?'' u we will make them dine and sup on the hor- rors of 'war ." And when told, " but at least your government should declare the policy it means to pursue, and let the country know what it is to expect, and what we are to adapt ourselves to," he replied, " O! time enough for that two or three years hence" Whatever the feelings excited in me by such things as these, they had their compensation in the effect they were evidently calculated to have in damping the ardor of the puros, and checking their pro- pagandism. But now, the justness of the policy of this party, in protracting the war, has the seal of absolute certainty stamped upon it. Fortunately, however, the time left for this to work its inevita- ble effect is but short. For, according to every probability, a treaty will be signed in the course of a week from this time, and it will obtain ratification very soon after the new Congress shall have formed a quorum; and the indications that this will take place early in January are becoming more and more favorable every day, notwithstanding the inability of the government to command even the small sum required to provide for the travelling expenses of the mem- bers, by paying their mileage. A few days ago the puros boldly pro- nounced a quorum to be impossible; but their confidence on this point has manifestly been falling, from hour to hour. The secret in regard to the treaty has been admirably kept, the persons who actually know anything about the matter being exceedingly few in number. All that the puros possess respecting it consists of their own surmises and convictions, founded on their knowledge of the [52] 276 general determination of the government, united with mere superfi- cial indications that something is going on. But for its having been made dependent upon the continuance of the war, I should have rejoiced exceedingly at seeing this promise of protection, in the establishment and maintenance of a legitimate government, held out to the people of this country. Besides the matter bearing upon this point contained in my previous despatches, I said, in that of the 6th instant: "There is, however, a question totally distinct from the above, which presents a strong claim upon the immediate attention of our country; a claim founded on con- siderations of humanity towards this people, as well as on its bear- ings upon ourselves. It is, whether the very peculiar, the alto- gether exceptionable nature of the case, as caused by the intimate geographical relation in which this country stands towards ours, would not warrant such a departure from our established principles in this regard, as would be involved in a compact that should se- cure to Mexico the assistance which she needs, and which is all that she needs, for the establishment of a good and stable govern- ment. The elements for such a government (although, under the pressure of circumstances, they have lain dormant and inactive,) are by no means entirely wanting in this country, as would seem to be the case, judging merely from the facts exhibited to the eyes of the worl'd by her past history. Protection for a few years, per- haps for a shorter time, from her own enormously overgrown mili- tary class, is all that she needs to bring about a state of things strongly contrasting with that which has heretofore existed here. Upon the solution of this question depends her chance for present- ing such a contrast; a thing which is indispensable not only to her own happiness, but to the possibility of her being a good neighbor, to the possibility of her preventing the recurrence of such miscon- duct on the part of the government and local authorities as will render peace between us always precarious in the extreme. The offer of such aid would, I am sure, be accepted with delight and deep gratitude." Of the correctness of this view of the subject, my mind is thor- oughly convinced. I consider it certain, also, that such a course on our part — demanded, as it is, by our own interests, whilst it is recommended likewise by considerations of humanity towards the fellow-men whose lot has been cast nigh unto us — so far from presenting itself in an invidious light to other governments, would be viewed by them in a manner corresponding with the joy which it "would diffuse among all foreigners established in this country; in- deed, among all foreigners, wherever residing, who have a motive of any kind for taking an interest in her quiet and prosperity. Nor could a juncture be more favorable than the present for af- fording such protection. For, it is to be remarked, that there is, at this moment, no room for doing anything towards establishing a government. Nothing is necessary but to maintain what is al- ready established; to protect it against military violence and usur- pation. The constitution of 1824, with important amendments, (as 277 [ 52 ] ■•will be seen from the copy which I transmitted some time since,) has just been restored, by a perfectly legitimate process, and is now the supreme law of the land, recognized by all parties. In a few days the Congress elected under that constitution are to meet; and, on the 8th of January, the President (General Herrera) is to be sworn into office. One obvious mode of proceeding for this purpose is, to render all practicable facilities towards giving strength and efficiency to the national guard, and to place these citizen soldiers in possession of the strongholds, as they shall be evacuated by our forces. With respect to other forms in which protection might be afforded, I have requested suggestions from good men of both parties; and I have suggested to them the great advantage which would result to their country from the establishment of good understanding and concert of action between them, with reference to what I know to be a common object: her protection against military usurpation and anarchy. This suggestion has been received in a manner which in- duces me to believe that, to insure such concert in regard to many points of primary importance, and especially in regard to the great fundamental reform which is the most indispensable of all — the doing away of the fueros; that is to say, having but one and the same law, and one and the same tribunals, for all citizens alike ■ — nothing is necessary, but that our country should be represented here by a person calculated so to exercise her influence as to pro- mote an object at once so honorable to her and so important to the peace and welfare of both nations. I need not say that his pres- ence at the earliest possible moment would be extremely desirable. And, lest it should be imagined that my conviction on this point may be owing to a desire to occupy the post myself, I will add, that my answers to those who have expressed a wish for my return has been, that this is an absolute impossibility, for more reasons than one: among which reasons would be, that my appointment would not for a moment be thought of, whatever exertions I might make to obtain it. Another, which I did not deem it worth while to state, would be, that even if the case were totally reversed as to the point just mentioned, there can be no change in the determina- tion which governed me in asking leave to withdraw 7 , as I did in my despatch of the 31st of October, transmitted weeks before I had any intimation or idea of the President's intention to discontinue this mission, or to recall me. That determination was formed some time before I so acted upon it; and it is at this moment firmer, if pos- sible, than it was then. Had I once reached home, the only thing which could have made me deviate from it, so far even as to re- turn here for a very limited time, would have been the belief that I might be instrumental in restoring peace. Should my present efforts prove successful, this inducement will happily be at an end. Should they prove otherwise, the state of the case will have be- come so greatly altered as to preclude the belief which would then have actuated me. My conviction in regard to the great impor- tance of our having a representative here as soon as possible, (sup- [52] 278 posing peace to be re-established,) is, therefore, entirely uninflu- enced by the desire to which I have adverted. I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. [No. 26!] Head-quarters of the U. S. Army, Mexico, January 12, 1848. Sir: In rny last despatch, under date the 29th ultimo, (which, after being delivered for transmission by an express from head- quarters, carrying orders to Vera Cruz and intermediate posts, was withdrawn by me through apprehension of the insecurity of the conveyance, and which consequently will go by the same opportu- nity as this,) I stated that " according to every probability a treaty will be signed in the course of a week from this time." This prob- ability has not yet been fulfilled; but the causes to which my dis- appointment is owing are not by any means of a nature to weaken my confidence as to the result. To-morrow, I am to have a meet- ing with the Mexican commissioners, at which every thing will, I believe, be agreed upon between us; and allowing a day for making out the papers to be transmitted to Queretaro, and five or six for the return of the courier from the time of his departure hence, the signing of the treaty will probably take place towards the close of next week. The boundary (which has been agreed upon, subject to the ap- proval of the Executive at Queretaro) will be the one defined in the projet which I brought out, with a slight variation at its west- ern extremity. The reasons which have governed me in this, as well as in not insisting (as I had at first determined to do) upon the parallel of 32° from the Rio Bravo, will be fully explained hereafter, time not permitting me to do so now. Under these circumstances, government will judge of the expe- diency of despatching provisional instructions to the commanders of our forces. The position in which the general-in-chief is placed by the communications received by him, is any thing but favorable to the establishment of peace. Agreeably to the projet brought out by me, u a suspension of hostilities" could take place only alter the ratification of the treaty by the Mexican government. So that af- ter a treaty of peace should actually have been signed — signed here on the very battle-field, and not by negotiators tw r o or three thou- sand miles off — human blood, u the precious blood of our fellow- citizens," as it is, if I recollect right, called in the President's mes- sage, must have continued to flow, ox General Scott must have taken the responsibility of suspending hostilities before the ratification of the treaty; of suspending them de facto, on our side only, thus placing our troops at serious disadvantage, or of entering into a compact with the enemy, (if it be not a contradiction in terms to use this word after a treaty of peace has been actually signed,) 279 [ 52 ] making the suspension mutual. In this position was the commander of our forces placed. There was no retreat for him from this al- ternative. Even if it had required but a day to obtain the ratifica- tion of the treaty; or, if the Mexican Congress had not been in session, and it was positively certain that they would meet in a week, or a fortnight, or a month, and that they would then ratify; under these circumstances, or under any possible circumstances, bloodshed must go on for that day, or that week, or that fortnight, or that month, or General Scott must take upon himself to disregard his orders to push the war vigorously, and to disregard also the order conveyed in the projet, that this vigorous prosecution of the war was not to be suspended until the treaty should be actually ratified. Whether our country and the whole civilized world would or would not have burst forth with one universal cry of horror at such a spectacle as a compliance with those orders would have afforded, and whether one universal sentence would or would not have been pronounced upon it as a wanton sporting with the lives of men, I will leave to others to decide. Such is the position in which the general-in-chief was placed then, and the same is his position now — with this aggravation: that he knows my remaining here to be in violation of instructions; and he has himself received fresh instructions, acquainting him with the will of the President that the war be pushed, not only with renewed vigor, but with rigor. Any propositions for peace which may be made by the Mexican government are to be transmitted by him to Washington. But meanwhile, no matter what the nature of those propositions may be; no matter what his convictions and the con- victions of every one here may be, no discretion whatever is given him as to the influence they shall exercise upon his course. The law laid down to hirn as the only rule for his government is, to push the v:ar vigorously and rigorously. And this law he must abide by and fulfil to the utmost, or he must disobey orders. Even if the suspension of hostilities after a treaty of peace shall be signed, until the will of our government can be made known, were made the condition upon which a treaty would be signed, even in this case he must say no! and go on shedding blood, 'Hhe precious blood of our fellow citizens," or he must disobey orders. This case has, to a certain extent, actually happened. The Mexi- can commissioners endeavored at the outset, and, as a preliminary condition to their entering upon the negotiation, to obtain a prom- ise that such suspension of hostilities should take place upon the signing of the treaty; and, independently of the general and ob- vious reasons supplied by the common sentiment of humanity against war going on after a treaty of peace has been signed in the very midst of the forces engaged in it, they gave special reasons, rea- sons of policy connected with the position of the government, as being the government of the peace party, for wishing that this go- vernment may not be placed in the alternative of resisting the fur- ther advance of our troops, or affording grounds for the changes which a contrary course would justify, even to the extent of that of [52] 280 treasonable connivance. But all I could say in reply was, "Gen- eral Scott is totally without discretion on the subject. His in- structions are, to push the war with all possible v-gor, and to oc- cupy the country as speedily as his means permit. He cannot enter into any agreement of the sort — not even if we sign the treaty — without disobeying orders. But let us get it ready for signature, and then I will lay it before him, stating that its being signed de- pends upon his engaging to suspend further movements until he can receive instructions from Washington." I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. [No. 27.] ' Heae-quarters of the U. S. Army, Mexico, January 25, 1848. Sir: The treaty agreed upon between myself and the Mexican plenipotentiaries will, according to every probability, be signed immediately upon the return of an express which has just been de- spatched to Queretaro. Every arrangement has been made here, and upon the road between this and Vera Cruz; and a confidential order has gone forward to General Twiggs, at that place, for its instant denarture hence, and to insure its rapid transmission to and from Vera Cruz. Although closely engaged in the preparation of the copies (quintuolicate) for signature, I shall find some intervals of time for writing this by snatches. The Mexican commissioners hold their full powers, bearing date on the 30th of December, 1837, from the President ad interim, of the republic, (General Anaya,) constitutionally elected to that of- fice in November, by the "sovereign constituent congress," after a 1 severe and dubious struggle in that body between the peace and the war parties, the character and objects of which have been ex- plained in my despatches; although these afford but a faint idea of the difficulties with which the former have had to struggle, and of the arduousness of the efforts in which they have been engaged ever since the total dissolution of the government, which followed the capture of this capital; at which juncture, as was explained by me at the time, they seized the first opportunity that had offered, since a period antecedent to the war, for forming themselves into a party that, until then, had had no existence; not for want of ele- ments, but from the causes which prevented those elements from coalescing, or exercising any influence over the posture of public affairs. These causes, also, I have explained. The full powers were countersigned by Senor de la Pefia y Peiia, as minister of relations under General Anaya, whom he had pre- ceded in the chief executive office as provisional president. Both of these modifications of the presidency are recognized in the con- stitution; and the. peace party, or moderados, have, in all their proceedings thus far, (henceforward no motive can exist for their 281 [ 52 ] acting otherwise, for they are in complete possession of the gov- ernment,) strictly conformed to the fundamental law. The only flaw which can be detected in those proceedings, is one which it was impossible to avoid, and in which the spirit of the constitu- tion was adhered to entirely, as its letter was, as closely as the nature of things rendered possible. It consists merely in this: By the constitution, the office of president of the republic devolves, under certain contingencies, provisionally upon the president of the supreme court. Now, these contingencies had all occurredj but there was no president of the supreme court in existence. Seiior Peiia was the eldest justice of that bench, but no election had taken place to supply the vacancy occasioned by the death of the last person who had been constitutionally elected as its presi- dent. This could be done by congress alone, and congress was not in session. There was a certainty, too, that the only possi- bility of getting congress together depended upon the previous formation of an executive. It was under these circumstances, when the republic was without a government of any sort, that the ablest and best men of the moderado party, with a view to rescue their country from the anarchy which had begun, and then to make peace, prevailed upon Seiior Peiia to assume the provisional pre- sidency; after which, they succeeded in obtaining his recognition by the state authorities, as they have ever since, in upholding and defending the government so established against the endless strata- gems and incessant assaults of those who were intent upon its destruc- tion — the immediate object of these machinations (except on the part of the merely personal factions) being to render peace impossible, through the non-existence of a government with which it could be made; and their ultimate object being to force our country into an amalgamation with this. When congress met, (which was brought about by the exertions of the moderados against those of the puros, or war-until-annexa- tion party,) that body proceeded, conformably with the constitu- tion, to elect a president ad interim, to serve until the 8th of Jan- uary of the present year, the day previously fixed for the inaugu- ration of the new president, who should be regularly placed in of- fice by the elections then going on, or soon to take place. This election ad interim, after the doubtful contest above referred to — in which the puros, by straining every nerve, and making all sorts of combinations with the Sautanistas, and other personal factions, were very near succeeding in prostrating the peace party, by elect- ing a man who would have played the war-perpetuation game — re- sulted in the election of General Anaya, who immediately appointed his predecessor in the presidential office as the minister of relations, and appointed General Mora y Villamil ("the avowed apostle of peace") as secretary of war; in a word, pursued the peace policy commenced by those by whom the government had been built up. This brief summary of what is contained on the subject in my previous despatches, shows the character of the government from which are derived the full powers of the plenipotentiaries with whom the treaty has been negotiated, and will have been concluded. Its authority is perfectly and absolutely constitutional in all res- [52] 282 pects: free even from the slight flaw above mentioned, as existing in that exercised by Serior Peiia. And not only is it constitutional; it is furthermore strictly national. The political principles and views entertained by the moderados (that is, by the party to whose efforts the existence of this government, or of any general govern- ment in this country at the present time, is due) do, most unques- tionably, constitute the real, genuine political sentiment of this country; that is to say, of a vast majority of those who ever take any part whatever, or any interest whatever, in public affairs; or who ever bestow a thought upon them, or are capable of so doing. This sentiment consists in an honest and firm attachment to repub- lican principles; and, independently of that attachment, in a steady conviction that the republican form of government is not only desirable in itself, but that even if it were not so, still it is the only one practicable here. Another of its elements is a strong and de- cided aversion to monarchy, both in itself and on account of its impracticability, even if it were desirable. A third is a perfect devotion to their distinct nationality , and a most vehement aversion to its becoming merged in or blended with ours, no matter v)hat the terms of their incorporation with us might be. I have no doubt that this sentiment would be reversed, upon experience of the re- sults with which such a change would be attended, if it took place peaceably. But, for the present, it is decided and overpowering. As for the puros, although they number among them some men of philosophic temper, enlarged views, and genuine patriotism, the party consists chiefly of persons of a different stamp, in all respects: persons who have everything to gain and nothing to lose by politi- cal change and commotion; and who, whenever they have enjoyed the opportunity, have given very substantial proofs that they are actuated by motives quite the reverse of a devotion to the public weal. Besides these, the portion of the inhabitants to whom our perma- nence here would be agreeable, whether under the name of con- quest, or occupation, or annexation, are foreigners ; persons who, with very few exceptions, have no sympathies of any kind with the the country, (that is to say, with those who love it as their native land, as the birth place and the country, by every rightful title of their mothers and fathers, of their children and grandchildren,) or with anything whatever — here, at least — save their own individual gains and pecuniary interests. To this class belong some "Ameri- can citizens," so called, native and naturalized, who, having prov- ed their love for the land of their birth or adoption, and their de- votion to liberty, by abandoning her and the security which she affords, to come and establish themselves in a land of anarchy and military despotism — in a word, a land where all the evils are rife which can possibly arise from misrule, in every shape that unbound- ed political profligacy can give to it — deem it nothing but fair that the country thus abandoned by them should, at the expense of those of her children who are content to live at home, insure their for- eign gains, and secure to their persons and their property an ex- emption from the natural, the inevitable, and — to those who elect to live in such a country, above all, when born or admitted to the right 283 [ 52 ] of living in one like ours — the proper consequences of dwelling in such an abode. These persons— who, a few months ago, were ex- ceedingly shocked at the imbecility evinced by the armistice, and highly indignant at the sacrifice of their country's glory involved in that measure — are now still more ardent advocates of the prema- ture occupation of the whole Mexican republic, than they then were of the instant occupation of its capital. A few hundred mil- lions of taxes upon their beloved countrymen at home, and a few decades of their lives sacrificed in the prosecution of the war, would, in the estimation of these patriots, be a very cheap mode of purchasing for them the pecuniary advantages with which such a proceeding would be attended, and the comfort of living under "the star-spangled banner," in the land of the Montezumas. Exercising the right of opinion, which belongs to every Ameri- can citizen upon questions concerning the welfare and the charac- ter of our country, and involving the prevalence of right over wrong, so far as the struggle constantly going on between them can be influenced by her, I became years ago deeply impressed with the necessity that she should clearly and distinctly define her posi- tion in regard to this class of persons, and this whole subject. I have made some endeavors to bring this about, and I shall make more. Her character loudly calls for it; her character for simple, naked justice^ and nothing beyond it, towards those who are weaker than herself. This is certain. It is a plain truth; and it is one 7iot hid under a bushel. It is known to, and widely talked of by, hundreds, doubtless thousands, of perfectly disinterested and im- partial foreigners, who have witnessed the cases in which this ne- cessity has proved itself: men no less impartial than were the New England shipmasters, who — chancing to be at Nootka, towards the close of the last century, when the events occurred out of which the adventurer, Meares (a British half-pay officer, and engaged in smuggling voyages, in the pay of Portuguese capitalists) concocted his story of wrongs, and losses, and damages afterwards — bore tes- timony to the truth which they knew, and to the falsehood of his tale; although that falsehood did not prevent it from enriching its inventor with a huge international robbery, under the name of " in- demnity," exacted for losses which he had never sustained, after it had proved the occasion of wasting, m preparations for war, three millions sterling of the honest fruits of the industry of Meares' fellow subjects, who had been content to live at home toiling for their bread; and after it had brought England and Spain to the verge of a conflict that would have deluged Europe and America with blood, beggared and orphaned thousands of innocent families, and introduced corruption and debasement into tens of thousands of hearts that might otherwise have remained honest and pure. As an American citizen, one who loves his country, loves her fair fame, loves the justice which he knows to be at her heart, I have long known and felt what is known to the world: that it is high time that her attention should be given to this subject; high time that all the rules and safe-guards which its nature demands should be established for herself, and by herself. Not by adopting [ 52 ] 284 the vague practice of the irresponsible rulers of other countries, but in the same way that she has established a government for her- self, by appealing to the principles which she cherishes, and which alone she recognizes as possessing authority over her, or over the relations between her and her citizens. Among the questions involved in this deeply important topic, which it behooves her so to decide for hersielf, the first is, to what extent, even supposing no practical difficulties to be in the way, she can, compatibly with her principles, compatibly with the rule of right which she would insist upon the observance of towards herself by any nation, however great and imposing its power might be, and compatibly with justice to those of her citizens who are satisfied with the advantages secured to them at home — how far she can, consistently with all these obligations, undertake to fol- low into whatever foreign country he shall see fit to settle in, every adventurer who may chance to have been bern within her limits, or who may have obtained the character of an American citizen; and there to supervise the administration of the law, scru- tinize into the legality and the equity of the decisions of the tribu- nals, and require of the authorities generally, in all proceedings where such individuals are concerned, a conformity with the stand- ard by which justice would have been meted out them in our coun- try, had it not been their choice to live in another. And, this first point having been settled, the next thing to be considered by our country would be the practical difficulties attendant upon such a supervision and inseparable from it, however limited may be the extent to which it is carried; of which difficulties the greatest and most fearful is, the danger of injustice towards nations weaker than herself, through imposture practised upon her; imposture which has for its object to make her power, and the dread in which it is held, subservient to schemes of extortion more base and flagitious in themselves, and in their consequences more injurious to the great principles which hold society together, than aught that ever was perpetrated by banditti prowling upon the highway against helpless travellers falling into their power. For forming a proper estimate of this danger, our country has abundant materials at home. In no land are the laws more hu- mane, in none is the administration of the law more impartial. Corruption has never there approached the judgment seat. And yet there is not a day in the year, when her courts are open, that decisions are not rendered which not only disappoint the expecta- tions of learned lawyers, but shock the popular sentiment of jus- tice, and are considered by the whole neighborhood where they excite interest and awaken sympathy as inflicting grievous wrong. Nor is this confined to private controversies — to decisions upon questions between man and man. It extends to the penal branch likewise; to questions between the government and those who fall under the penalties of the law. Under one single chapter of our code of laws of the federal government, instances enough of this could be collected in any period of two or three years. I refer to the revenue laws. For cases under this head, in which — particu- 285 [ 52 j larly if considered merely in themselves, apart from the absolute necessity of general rules, and from the inevitable imperfection of all human institutions — the consequences to the offender would strike the public mind as rigorous and severe to a degree altogether incommensurate with the offence committed, it would not be neces- sary to go farther that the archives of the Department of State, or to look into more than a few bundles of the applications for par- rjons and remissions. This is American law, enforced upon Ameri- can citizens at home, by tribunals whose bias is ever in favor of the accused, whose judges are never so much as suspected of cor- ruption, and whose system of precedure is perfection itself, com- pared with that of many other nations. And yet, with all these advantages, such cases do happen; cases which no one can read, and then doubt that if we had been a feeble nation, and if the par- ties had been foreigners, those identical cases would have been made the ground of as many grievous tales of persecution and ruin without cause; particularly if those foreigners could have hoped, by such means, to become enriched by indemnities exacted from our government, and paid by the sweat of the brows of our coun- trymen. Commerce must, I know, be protected, and this protection must be extended over it on the land as well as on the ocean. But there is no incompatibility between the efficient protection of commerce, honestly carried on, and the existence of safeguards which shall, to a great extent, if not entirely, protect our country from impostures alike fatal to her character for honesty and justice among the na- tions, and dangerous to her peace. Nor does the protection of commerce, the protection of commerce in the true and honest sense of the phrase, require that persons going-abroad to seek their for- tunes, either as mechanics, or as doctors, or as dentists, or as clerks, or in no definite capacity whatever, and without being in any manner connected with American commerce or American capital, should be permitted to usurp the title of American mer- chants, merely because after settling in the foreign land of their choice, to pursue callings having no relation to commerce, they may have found it for their interest to engage in buying and sell- ing, either as brokers or as traders, or in stock-jobbing, or in speculation in any of its numberless forms. Such persons may amass wealth, real or fictitious. They may come to be reputed as rich men, either truly or falsely. But let their gains be what they may in amount, and let them be ever so real and substantial, and ever so honest as to the means by which they were acquired, still they constitute no part of that capital, the protection of which properly comes under the idea of protecting commerce. Whatever be the measure of protection to which such gains may be equitably entitled at the expense of the nation, and at the risk of involving the nation in controversies and in wars, just or unjust, the question as to that measure of protection is a totally different question from the one which relates to commerce; that is to say, to the portion of the capital of the nation embarked in commercial pursuits, and [ 52 ] 28G to those of our fellow-citizens by means of whose agency it is so employed. It is in the power of our country to make herself the special ob- ject of esteem, confidence, and love, throughout our whole hemis- phere; the common centre of affection to all the people who in- habit it; their common standard for all that is good and great. For this, nothing is requisite but that she should, in her deport- ment towards them, be true to herself, true to what is really he-: character. But, to make this known, and to correct the erroneous impressions in regard to it which have substituted themselves for those which caused her to be looked up to by all the republics of Spanish America at the time when they first took their place amoncr nations, the safeguards to which I have adverted are indis- pensable. If they be not established, the title of American citizen, instead of being as it ought to be, and can easily be made to be, once more a passport to confidence and favor everywhere on our con- tinent, will become more and more every day a sound of evil omen to all ears, the universally recognized token for justifying distrust, dread, and aversion towards him who bears it. Instead of the de- sire to increase their intercourse with us, and to welcome our citi- zens wherever they may present themselves, the wish which will be deepest at the heart of all Spanish America will be the wish that all communication with us might be forever at an end, and that it mio-ht never more hear of an American citizen. To return to the character of the parties in this country — I mean what can be considered as national parties, in contradistinction to mere personal factions — the only one of which it remains to speak is the monarchists. This also counts some good men; some who have the welfare of their country at heart. But the result of all my inquiries is, to satisfy me that the party is altogether impotent, and that it never can, by any possibility, acquire the ascendency here, or be otherwise than impotent, even to influence in any de- cree the destinies of this country, or the course of public affairs. It is, at this moment, busy in intrigues; but these intrigues excite no apprehension whatever that they can result in anything favor- able to their object. They are incapable in themselves of pro- ducing even a transient effect upon the stability of the govern- ment, or to affect it in any manner. The puros, who are ever ripe for anything to compass their end, might, by their machinations on the same side, give a semblance of importance to the cry for a monarchy, should a pronunciamento of this complexion take place. If they should so act now, it would not be for the first time. They co-operated with Paredes — who, being truly and honestly (for he is an honest, though a very weak man) a monarchist, entertains views diametrically opposed to theirs — in overthrowing Herrera, who, but for his overthrow, would have prevented the war. Having stated the character of the government from which the Mexican plenipotentiaries derived their authority to act, I will now add sueh facts as are requisite for estimating probabilities as to the future, and particularly with reference to the ratification. Since the 8th of the present month, the provisional presidency oi 7 [52 1 rain devol? Senor 1 Thai ich had 1m be commencement of _ :^. and for the inanguration regular. r. by the electoral c choice of ■: of a president ad interim, •which took r rJy for the ] ;ed on I .':.-.-; ... - ■ s to the . continue in foi 5 shall have met. [mm - Under the dl congTess cc: ■ : :?. :•..::: : i. jr more eme court, and the cham - - ft] :n of a i quorum ' J deput: - _ men c: most mimical to Santa Anna, and whom he 7eads) ; ] Nine i and ed amc 7 : uld number obtaine then be :here will be no ele : 1 to fertm, to fill the itil, in pursuan: colleges shall . - some one individual. 7 not the remotest pc si Anna, or any one a. mode] _Duld be 7_e r res: :-7. :y ; ;' - political lion of 1 _ - a :" I- nder the - 11 in the „amber. ions are in nine £ - . : " :' 7 m e ; . be perce r of ser. -i to fori eb roceeding r. of . [52] 288 deputies will complete the number necessary for a quorum of their body. The great, indeed the only serious obstacle to the prompt meet- ing of Congress, is the pecuniary destitution under which the gov- ernment is laboring, and which is so great as absolutely to inca- pacitate it from supplying the members, as has always been cus- tomary, with the means to defray their travelling expenses. This obstacle will, however, I trust be removed in a few days. I will now enter upon the subject of the treaty itself. The ne- gotiation has been an exceedingly laborious one, and has occupied me without intermission for several weeks, during as many hours of every twenty-four as could possibly be given by me to work; and at no other period of my life, so strong has my health become, could I have undergone the same amount of labor. Independently of the desirableness that the treaty should be a good one, the very peculiar posture of affairs in this country re- quired that it should be such as to protect itself against the tempest of objections ready gathered to burst upon it, as the last resource for overwhelming and upturning the government, in order that the object may be accomplished of compelling our country into an amalgamation with this, by rendering peace impossible in any other way. In order that it might so protect itself, it was requisite not merely that the treaty should present the fewest possible features that could be objected to, but that it should, with reference to the fears, the suspicions, and even the prejudices of the Mexican people, carry upon its face as many positive recommendations as the nature of the subjects stipulated upon rendered practicable. The plan upon which I proceeded, to arrive at such a result, was, in the first place to request the Mexican commissioners to take the projet of the United States as a basis, and to suggest such modifi- cations as might seem to them desirable. The result of this re- quest was an entire new draught from them; in which but very little of our projet was retained, and in which I found very little that could be acceded to, at least without material changes, either as to substance or as to form. It answered, however, as a basis for me to work upon, in preparing substitutes for the articles contained in their draught: governing myself by our proj6t, by my instruc- tions, and, where these did not touch the subject, by the treaties which have been entered into by our country. Where these re- sources all failed, I had to rely upon such knowledge as I possess of her principles and policy, with respect to the various topics that presented themselves. My substitutes led to discussions, in which I had to explain why that which had been proposed by them was inadmissible, wherein consisted the difference between it and the proposed substitute, and why this presented the only way, and the only degree, in which the object could be obtained. In this man- ner, modifications and remodifications succeeded each other, with reference to every topic which the treaty contains; until finally its various stipulations were agreed upon, both as to substance and as to form. As this was done, the articles were written anew by me, translated by one of the commissioners, (Senor Cuevas, who reads 289 [ 52 ] English very well, although he does not speak it or understand it when spoken,) and then the phraseology changed in one or the other version, or in both, so that the idiom of both languages might be preserved, whilst at the same time the treaty should present in both a correspondence of expressions as well as a perfect identity of sense. In this I had to indulge the gentlemen on the other side, (whose language is more peremptory than ours in its require- ments for a correct style,) by allowing them to put into what they /considered idomatic Spanish the meaning of the articles draughted by me, varying the structure as far as they deemed necessary; and then myself writing the articles over again in English, so as to make them conform to the Spanish. As the result of this labor, the treaty, whilst it is both English and^Spanish, and not on either side a mere literal translation from the other, will be found to ex- hibit a correspondence in the two languages, which is by no means common in those which have come under my examination. Some things which were proposed and strongly insisted upon on the part of the Mexican government, were of a nature to admit of nothing but a positive refusal. Among these were the distinct proposals, that the treaty should be made under the guarantee of neutral powers, and that it should stipulate absolutely for the submission of all future differences to arbitration. The stipulation on the latter subject, as modified by me, will be found in article 21. In that shape, whilst it serves to strengthen the treaty in this country, it can do no harm, but may do good, as a formal recog- nition of the general expediency and duty of using every endeavor to settle differences otherwise than by a resort to the ultima ratio. Besides the two proposals just stated, the negotiation commenced with one to enter into a convention, which, leaving us in pos- session of the territory comprehended within our proposed bound- ary should submit the whole question between the two countries to arbitration. The boundary is the one defined in the projet, with a slight va- riation at its western extremity: an explanation on which point will be found in the accompanying paper, marked A. The one marked B, relates to the parallel of 32° as a boundary. Upon en- tering on the negotiation, I had, in pursuance of the views pre- sented in your despatch of the 19th July, determined to insist upon that parallel, from the Rio Bravo across to the Pacific, as a sine qua non. Although there told that it was not then intended that I should do so, I presumed that the dispositions entertained by the President at the present time required that I should do so now. But, in forming the determination to insist upon this line, I had not adverted to the fact that it constituted an insuperable obstacle to the negotiation of a treaty, no matter what its terms might be in other respects. This was the case, even if the difference be- tween the territory which that line would give us, and that com- prehended in the boundary of the projet, should be ever so incon- siderable. It mattered not whether it was ten miles or ten feet in width, the effect would be all the same: to render a treaty imprac- ticable. 19 [ 52 ] 290 The States of Sonora and Chihuahua, which adjoin New Mexico^ had solemnly protested against the transfer of a single foot of their territory, and against the validity of any such transfer if made. This was, therefore, a sine qua non with the Mexican government, and one which it was absolutely impossible that it should depart from, even if it were ever so strongly disposed to do so, because it would have rendered the ratification of the treaty an impossible thing. Not only would the delegations of those States have op- posed it, but it could not have obtained a single vote in its favor. If there be in this country one sentiment more universal and de- cided than any other, (and this with especial reference to our country, and the design imputed to her,) it is the one which denies the possibility of a valid transfer by the general government of any portion of the territory of one of the sovereign States. The argument on this subject is unanswerable. It is set forth with great clearness by the puros (or war-until-annexation party) in the manifesto referred to in my despatch of the 26th December, as constituting " the last stand made by them in the character of members of the expiring constituent Congress against the consum- mation of the measure (a treaty of peace) upon which the govern- ment is known to them, and to every one, to be intent." Nor does it avail to urge against this denial of authority in the general government the supreme law of necessity, for it is fortified at this point also. It says: If the Union, after having exhausted all its means in the defence of its members, finds itself incapable, in re- gard to any one or more, of protecting them; in such case, let the portion of the republic with respect to which the impossibility of defence exists be abandoned for the time. But this inability gives no right to the Union to alienate any portion of any State, whether it be for the purpose of purchasing peace for the rest, or any pur- pose whatever. No such alienation can be valid. Thus insurmountable was the obstacle to the adoption of the parallel of 32° as the boundary. The only particular i i respect to which it was practicable to overstep this limitation to the transfer of territory, is the small portion of the State of Tamaulipas, lying north of Rio Bravo, and running a short distance up that river; which strip of country (extending either to the Nueces, or as far as the San Antonio, I do not recollect which, ana *>ave not the references at hand) just as certainly constituted a 4 u of that State, and not of Texas, at the time when the latter declared her independence, as it is certain that the counties of Accomac and Northampton do now constitute a part of the State of Virginia, and not of Maryland. Tamaulipas, however, has not made any protest on the subject; and it is believed that the boundary will be silently acquiesced in by her, and that, in view of the extreme peculiarity of the case under every aspect, this departure from the principle will not be made a point of by those in favor of peace. The declaration with which the article on the boundary concludes, was a sine qua non on the part of the Mexican government. I entertain no doubt whatever of its great importance in respect (o the ratification of the treaty; and. my mind is far from being satis- 291 [ 52 ] fied — such is the state of the public mind on this point — that the ratification would have been practicable without the aid which it gives. It was proposed that it should form an article apart, in terms that were inadmissible. In its present form and place, it is the result of repeated conversations, and was offered by myself; after which, several modifications of phraseology were proposed from the other side, a part of which were acceded to, and the rest not. The indemnity, or amount to be paid by the United States, is five millions less than the sum I was authorized by my instructions to pay for the same boundary, and which a compliance with those instructions would have required me to agree to pay, if necessary to secure that boundary, had a treaty been made in September last; or, indeed, at any time prior to the receipt of the counter-instruc- tions, which (the triplicate thereof) first came to hand on the 16th of November, as the department was advised at the time. Taking into consideration, on the one hand, the time when the offer of twenty millions for the same boundary was made by the United States, (not formally or upon paper, but by an intimation from me, which was just as binding,) and the period during which that offer had remained in force; and, on the other hand, the contents of the despatches received by me in November, and those of the Presi- dent's message, as regards the increased expenditure of blood and treasure attending the prosecution of the war, in connexion with the continued disposition of our government not to exact more than a fair compensation for that expenditure; taking all these things into consideration, and taking also those twenty millions as the standard for my government in estimating the deduction which should be made from it, to bring the sum into accordance with those views, I have deemed it my duty to strike off five millions, and at the same time not to reduce the sum any lower. I made the offer of the fifteen millions at once, announcing that it was the highest point to which I could go. I was not at the time aware that the Mexican plenipotentiaries had had their hands tied against accept- ing anything less than thirty millions. This was the case, however, and it has continued to be the case down to this moment. The copies of the treaty for signature, now being made, must stop at the l?t'' article, until the government at Queretaro shall have con- se r ' . to accept the fifteen millions, upon learning that I have remained inflexible upon that point, even at the risk of the treaty being lost, and shall have made its election as to the mode of payment. With regard to the discharge and assumption of claims, explana- tions will be found in the accompanying paper, marked C. The condition of the inhabitants of the ceded or transferred territory is the topic upon which most time has been expended, in the modes stated at the commencement of these remarks. It con- stituted a subject upon which it was all important that the treaty should be guarded at all points, and should recommend itself as strongly as possible. Everything proposed on the other side in regard to it was inadmissible or objectionable, in substance or [52] 292 form; and the articles as they now stand are the result of draughts prepared by himself, and were repeatedly amplified and otherwise altered, to meet the wishes of the Mexican commissioners. The stipulations regarding the incorporation of the inhabitants into our Union were restricted to the Mexican inhabitants, because, as the Mexican commissioners stated, their government has no right to enter into such stipulations in regard to the foreigners who may be residing in the transferred territory. The right of Mexicans resid- ing there to continue there, retaining the character of Mexican, citizens, would follow as a necessary consequence from the right secured to such citizens by the treaty of commerce, to go and reside there. On this point, and for the right secured to such citizens, resident or non-resident, to retain the landed property they may now own there, a precedent was afforded by our British treaty of 1794, (articles 2 and 9.) The liberty to " grant, sell, or devise the same to whom they please ," I qualified by restricting the right of purchase to Mexicans. This stipulation is particularly important to landholders on the Rio Bravo, and especially so to the citizens of Tamaulipas, the estates of some of whom, situated south of the Bravo, are dependent in some respects for their value upon lands on the north of that river, which are used as pastures. With respect to grants of land made by the Mexican authorities, the proviso contained in my instructions was strenuously objected to upon a point of national honor and decorum. No such grants had been made since the 13th May, 1846. This they knew, and consequently the proviso could have no practical effect. But it implied that they had been made, or might have been made, and that nevertheless the government committed the injustice of revok- ing them; which, in fact, it had authority to do. Moreover, it involved an acknowledgment that, from the day when hostilities broke out on the north of the Rio Bravo, the Mexican government had lost the right to make grants of land in any part of its territory subsequently occupied by us. Feeling the force of these objec- tions, I requested to make sure of the fact stated by them; and also, in regard to no grants having been made in Texas since the revolution, which had been incidentally mentioned by one of them. And this having been done in a manner which left no shade of doubt on their minds, the declaration which will be found at the end of article 10 was agreed upon, in lieu of the proviso. The stipulation respecting grantees who had been prevented from fulfilling the conditions of their grants, was taken from the Florida treaty; that precedent being modified to meet the neces- sity of distinguishing between lands in Texas and those situated elsewhere, and of respecting her authority over the subject. This did not permit the declaration that the grants within her limits shall be null and void, as she might have seen fit, or might see fit hereafter, to adopt a different determination. Nor did it permit the declaration that they shall not be obligatory upon her, (as I had at first written it,) except with the qualification, " in virtue of the stipulations contained in this article." On the other hand, the right of the United States to stipulate with Mexico in regard to 293 [ 52 ] grants of land in Texas seemed to me, beyond the possibility of question, to be involved in the transfer from Texas to the United States of the authority to make a treaty of peace between her and Mexico. The stipulations respecting the Indians inhabiting the transfer- red territory, independently of their justice, were indispensable to make the treaty acceptable to the northern States, or to any who take the proper interest in their security; in a word, to any one who has the feelings of a Mexican citizen, or at least respect for the obligations which a federal union imposes. Excepting only the specific prohibition against supplying the Indians with fire-arms and ammunition, (if, indeed, this can justly be deemed an excep- tion,) those stipulations contain nothing which is not expressed or plainly implied in the treaty of amity, commerce, and navigation, (article 31,) which is revived in the present treaty of peace. But, to make the article what it must be, to satisfy the public mind of this country, it was necessary that those implied obligations should be set forth in detail, and expressed in the most unequivocal man- ner. Upon examining the old treaty, I found that it imposes abso- lutely, and without any saving or qualification whatever as to the practicability of the thing, the obligation "to restrain" by force, <$ all hostilities and incursions," and "not to suffer their Indians to attack;" and also, in regard to captives made by Indians, "to re- turn them to their country as soon as they know of their being "within their respective territories." I found, also, that the last sentence is so worded as to restrict the prohibition against the pur- chase of captives, in a manner which could not possibly have been intended. In the new treaty the obligations above referred to are expressed with the qualifications demanded by the nature of the subject, in order that they may have the character of a practical law, agreed upon and established upon serious consideration of its requirements, and in the bona fide intention that these shall be fulfilled; an intention which stands exposed to serious doubt, when engagements entered into " in the most solemn manner" are found expressed in a manner so loose, that their exact fulfilment, as ex- pressed, involves impossibilities. The stipulations concerning merchandise imported into the coun- try during our occupation of its ports required to be put into their present form, in order that they might not have the effect of plac- ing such merchandise, with respect to its introduction into places not occupied by our troops, on a better footing than if imported in a time of peace; which, even if it could have been demanded con- sistently with justice, was, in a practical point of view, impossible, by reason of its incompatibility with the execution of the State and municipal laws regarding this subject. To discriminate in this regard between merchandise imported through ports oc- cupied by us, and other merchandise, would have been practi- cably impossible, owing to the temptation and facilities it would have afforded to frauds, and the endless controversies, complaints, and claims to which it would have given rise. For the same rea- son, the right to reship was restricted to goods in the ports; other- [ 52 ] 294 wise it would have put it in the power of any one, under the pre- text of going to a port of reshipment, to traverse the republic with goods, passing through whatever plates he pleased, and dropping them on the way. The last article is founded on one contained in our treaty with Prussia, of 1785, (which bears the signatures of Benjamin Franklin, Thomas Jefferson, and John Adams.) In the first draught pre- sented by the Mexican commissioners, the article had been copied from the Prussian treaty. After making in it such modifications as seemed to me desirable, it was agreed upon in that shape. The preamble, also, after a few modifications, was adopted from the draught of the Mexican commissioners. I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. [Enclosure in No. 27.] c. Memorandum. — Saturday night, January 22, 1848. ASSUMPTION OF CLAIMS. The article on this subject, (article VI.,) as it stands in the orig- inal project from Washington, was objected to by the Mexican commissioners, (as respects the non-liquidated claims,) on the ground of the questions and discussion for which it affords room, in consequence of the assumption and the discharge being blended together, and the former being limited in point of amount, and otherwise qualified; thereby affording ground for the objection, when the treaty shall come under discussion, that, in the very na- ture of things, the discharge could not but be limited and qualified in the same way. To my answer that the article closes with a complete discharge "from all liability for any of the said claims, whether the same shall be rejected or allowed by the said board of commissioners;" and, consequently, whatever the amount of those allowed might be, and even whatever the amount of those pre- sented might be, although they should be rejected on no other ground than that they were " not embraced by the principles and rules" prescribed to the board of commissioners; they replied, that all this, however true it might be, was matter of inference, and left room for argument and discussion on the part of those dis- posed to find fault with the treaty; and ihey insisted upon the in- dispensableness that its stipulations on the subject should be so clear, and definite, and precise, as to preclude all possibility of doubt or of argument. They proposed that there should be no limitation of the amount as to this class of claims, either in connexion with the discharge 295 [ 52 ] or with the assumption. I at once told them that in regard to the latter, the amount must be limited. This was a sine qua non. 6i Why?" They could not see any reason for this, and it seemed to them to involve a contradiction that Mexico should receive an unqualified discharge from a class of claims, the amount of which could not be precisely known at the time the discharge was given, and yet that the amount assumed by our government should be a limited one. Suppose that the amount of the claims allowed by our board of commissioners as just, should exceed that limit; what would the United States do then? I answered, that, in the first place, the limit which had been fixed was founded on data sufficient for a near approximation to the high- est sum which, in all probability, could be necessary for paying the just claims; and that, in the next place, if that sum should prove' insufficient, the discharge given to Mexico would present a case for the justice and equity of our Congress, in respect to which there was no danger of its being disregarded. Because the obligation to pay now contracted was limited to a certain amount, it did not at all follow that if justice should require the payment of a larger amount, provision would not hereafter be made for paying the ex- cess. But that this obligation should, in respect to the amount to be paid, be limited in the treaty, was a sine qua non which it was a waste of time to talk of my departing from; because our Senate could not be called upon to vote upon a treaty containing a stipu- lation of this kind, without their being informed what was the ex- tent of the obligation so incurred — without their knowing that it had a limit, and what this limit was. This limit might, it is true, be ascertained without its being inserted in the treaty. This was not, in the nature of things, impossible; but it was so, in a practi- cal sense, when considered with reference to the action of the Senate upon a treaty. Viewed under this aspect, the only way of treating such a question was, to cut it short by fixing a limit to the' sum which the Senate should, then and by that vote, consent to place the nation under the obligation to pay. Nor did such re- striction of this obligation weaken the force of any other or fur- ther obligation which might be involved or implied in the discharge, given to Mexico, any more than it weakened the force of any other stipulation contained in the treaty; its sole effect was to leave that other or further obligation, whatever it might be, to be judged of and dealt with by itself. It was perfectly evident, too, that it could not possibly have any such effect as that of qualifying in any manner the discharge given to Mexico by the sentence with which .the article closes, as it stands in the projet. Although I was thus positive in regard to specifying a limit, in connexion with that part of the agreement which binds us u to as- sume and pay," I was fully sensible of the indispensableness that the wording of the treaty on this whole subject of claims (for it is the one above all others on which the Mexican mind is most sore and suspicious) should be such as to preclude the possibility of discussion and of doubts, real or pretended. I was aware, too, that the article, as it stands in the projet, is not well adapted to [52] 296 this object; that, however easy it may be to an English reader to ascertain its import with reference to any question that may be started in regard to the nature or extent of the obligation expressed by it, its form and texture, beginning with an assumption of the class of claims there specified, connected with a limitation of the amount, and then the qualification that they "shall be found justly due," and then the "proviso," and the discharge following after all this, are riot at all favorable to its import being satisfactorily seized by a Spanish mind; habituated, as those minds are, and necessarily become from the very nature of their beautiful and noble language, to the most lucid, precise, and logical modes of statement and ex- pression on all subjects. In a word, the article when translated, although accurately translated, presented a maze which perplexed and racked the brains even of the commissioners (men of very clear heads and great ability) in the attempt to follow it out. It was indispensable, therefore, to take the article to pieces, in order that its substance might be incorporated in separate and per- fectly distinct stipulations. The final result of this labor on my pait (which, as regards mere form, was adapted to the wishes of the Mexican commissioners) will be seen in articles 13, 14, and 15; the substance of which differs from that of the projet in the two following particulars, and in these only: 1st. In substituting, as regards the non-liquidated claims, the words " which may have arisen previously to the date of the signature of this treaty ," for " which may have arisen previous to the \2th of May, 1846." 2d. In extending the limit with respect to those claims, to "three and one quarter millions ," instead of "three millions." The discharge given to Mexico is contained in the XlVth article. This, with the exception only of the extension of the period just specified, is in substance identical with the discharge expressed in the project. Upon carefully examining the latter, in order that this identity might be preserved — absolutely in point of substance, and. as closely as possible in point of phraseology — I thus arrived a % t the substance of the discharge. The article, as it stands in the projet, concludes as follows: "And the United States do hereby forever discharge the United Mexican States from all liability for any of the said claims, whether the same shall be rejected or allowed by the said board of commis- sioners." What is the meaning here of "the said claims?" The answer to this question is found in that portion of the preceding passage which is underscored in the following quotation of the entire pas- sage: « "And the United States also agree to assume and pay, to an amount not exceeding three millions of dollars, all claims of citi- zens of the United States, not heretofore decided against the gov- ernment of the United Mexican States, which may have arisen pre- vious to the \2>th of May, 1846, and shall be found to be justly due by a board of commissioners to be established by the government of the United States, whose awards shall be final and conclusive: Provided that, in deciding upon the validity of these claims, . the 297 [ 52 ] "board shall be guided and governed by the principles and rules of decision prescribed by the first and fifth articles of the unratified convention, concluded at the city of Mexico on the 20th day of November, A. D. 1843; and in no case shall an award be made in favor of any claim not embraced by these principles and rules." Whatever might be the perplexity occasioned by this passage to a Spanish mind, and whatever might be the pretexts afforded by it for discussion in the Mexican Congress, its meaning is perfectly clear to any English reader. Taken in connexion with the dis- charge, as expressed in the sentence "And the United States do forever discharge," &c, which immediately follows, it is certain that this discharge embraces "all claims of citizens of the United States, not heretofore decided against the government of the United Mexican States, which may have arisen previous to the thir- teenth of May, 1846;" and that it is in no manner whatever affected by the limitation "not exceeding three millions of dollars," nor by the qualification "and shall be found justly due," &c. That this limitation and qualification apply solely to the obligation to pay, and cannot by any possibility be understood as attaching to the discharge, is proved conclusively by the fact that the discharge, although restricted to "the said claims," goes on to say, "whether the same shall be rejected or allowed by the said board of com- missioners." Not only does this addition exclude the possibility of any such interpretation of the article as would attach the limi- tation and qualification in question to the discharge, but it does more: it makes the discharge still more comprehensive than it would necessarily be from that mere exclusion. It makes it extend beyond the class of claims "embraced by the principles and rules" referred to; for the board being, as it is, bound not to give "an award in favor of any claim not embraced by these principles and rules," it follows that the want of this requisite alone must consti- tute the ground for the rejection of all claims which, being brought before the board, shall be found wanting therein. Consequently, if any such claims shall chance to be presented, they must be "re- jected;" and must, therefore, take their place among those from all liability for which the Mexican government is forever discharged. Having thus satisfied myself as to what constitutes the substance of the discharge given to Mexico by the article'as it stands in the projet, and that, without its being in any manner affected by such separation, it could be separated from the context, and made the subject, by itself, of a stipulation distinct from all others, I adopted this course, and made it constitute the XlVth article. For such separation of the discharge, stipulation from the one which assumes to pay, the Florida treaty affords a precedent. It affords one, likewise, for making the date of the signature of the treaty the limit of the period with reference to which the discharge is given. Upon this point, the Florida treaty says, "reciprocally renounce all claims for damages or injuries which they themselves, as well as their respective citizens and subjects, may have suffered until the time of signing this treaty.'''' In the specification which follows, it says, "all claims of citizens of the United States upon [52] 298 the Spanish government, statements of which, soliciting the inter- position of the government of the United States, have been, pre- sented to the Department of State, or to the minister of the United States in Spain, since the date of the convention of 1802, and until the signature of this treaty." The treaty being made at Washington, the discharge did, therefore, embrace, either in fact or by possibility, claims of which the government of the. United States could possess no knowledge at the time of giving the dis- charge. The present treaty, retaining the phraseology of the projet, and changing #nly the period of time, reads, "which may have arisen previously to the date of the signature of this treaty," &c. In this deviation from the projet, I have not, however, been go- verned or influenced by the precedent. My motive was, the strong considerations, both of justice and of expediency, by which it was recommended, and under the influence of which I had made up my mind to offer it, before a word had passed between the Mexican commissioners and myself. When we came to this subject, they proposed to fix the date of the exchange of ratifications as the limit to the period in question. They urged this strongly; and they gave what I believe to be good and substantial reasons for so doing, which reasons may be summed up in the single fact stated to me by Senor Couto, who has filled the post of minister of justice, and who (as was remarked to me by a foreigner residing here, and one whose judgment on such a point I consider as much entitled to re- liance as that of any person known to me) is really, and truly, u a character without a blemish." This character without a blemish, the purity of whose life, in all respects, would, so far as my belief goes, advantageously compare with that of any man living in any country, said to me: "****** And the same is the case with respect to almost every judicial pro- ceeding in which a foreigner is involved. Let its legality, and justice, and equity be ever so manifest, still the complaint and claim for indemnity is sure to come up." Upon this point, how- ever, I was governed by the precedent; and I fixed myself upon it as one beyond which I would not go: not that I believed that the extent of the obligation on our part would, as to its practical con- sequences, be varied a hair's breadth by adopting the limit pro- posed by them in place of the time of signing the treaty; for I considered it as scarcely within the bounds of possibility that, under existing circumstances, a single just claim should arise between the signing of the treaty and its ratification. But, as there was already a precedent for the one period and not for the other, I was resolved to adhere to the precedent, simply and solely for the sake of avoiding all unnecessary multiplication of the questions to which the treaty would give rise when it should come ander ex- amination. The considerations to which I have adverted as those which de- termined me to make the offer, I will not succinctly state. There is no point at which the treaty could be more effectually fortified, 299 [ 52 ] and none at which it was more important that it should be secured against objections, and made acceptable to the Mexican people, than the one here under contemplation; the subject of claims being, as I have already said, the one upon which they are most sore and suspicious, and in regard to which, any security afforded them would be most effectual in producing general satisfaction. On this subject, their feelings are those of a covey of partridges, with reference to the hawks that visit the region where they inhabit. I do not, here, enter into the causes of this feeling, nor into the in- quiry whether just grounds for it have, or hare not, been afforded. I merely state the fact that it exists; and to this fact every impar- tial foreigner, who has been among them, will bear witness. With respect to the period intervening between the date fixed in the projet (the commencement of hostilities) and the signing of the treaty, I had no doubt tkat claims to a very great amount would be brought, founded on alleged infractions of the 26th article of the treaty of 1831; whilst, on the other hind, I had as little doubt that the amount of just claims of this description would be very inconsiderable indeed. My mind is not, by any means, satisfied that there is a single one which our country would be under any equitable obligation to exact indemnity for, even if she could do so at far less cost to herself than the prolongation of the war by a single day, or a single hour. I doubt, indeed, whether there be a single case of the kind, whatever be the losses which the party may allege, or may, in truth, have incurred, which an impartial tribunal, untrammelled by any rule save the obligation to obey the dictates of an enlightened equity, would make the ground for a decree of indemnity at the expense of the community where those losses occurred, or of any one except those by whose acts they were brought about. So far as the article referred to concerns merchants, an equitable claim upon the people of the United States, either to exact or to pay an indemnity for losses incurred by individuals of that class, in consequence of a violation of the stipulation which the article contains in their favor, even supposing this violation to be clearly proved, and to be clearly proved to have not been (as, under such circumstances, it must prima facie be presumed to have been) an inevitable consequence of the state of war; such equitable claim, even with these things all in its favor, manifestly requires, more- over, that the party shall have shown due diligence in using the time which that stipulation allows for extricating himself from the consequences naturally incident to a residence upon the theatre of hostilities; among which consequences is the constant risk of that vis major which overrules all law, and which might at any mo- ment, even although that time had not expired, render his removal a measure of permanent military necessity, absolutely indispen- sable to the defence and safety of the country. No such title cer- tainly could be pleaded — there would not be the slightest pretext for the claim — on behalf of one who had allowed the whole time to expire. Nor could it be pleaded on behalf of one who had al- [ 52 ] 300 lowed any part of that time to pass withot giving proof of an ani- mus altogether the reverse of that of continuing where he was. The same considerations apply, in a great measure, and in some respects yet more forcibly, to persons other than merchants, who, finding it to their account to do so, had seen fit to continue in the enemy's country. The stipulation made in favor of such persons could never be construed into an obligation on part of the country, which, for their own profit and advantage, they had abandoned in order to establish themselves in another, either to indemnify them at the expense of those of her citizens who had been content to remain at hoYne, for any losses they might have sustained as a con- sequence of the election they had so made, or to prolong the war indefinitely, until the enemy should consent to take* the burden of such indemnity upon himself; or, which practically amounts to the same thing, should agree to remain subject to a claim, for that in- demnity after peace should have been made. Nothing but a case of the very clearest and strongest kind that can be conceived — a case of deliberate wrong altogether unprovoked, altogether uncal- led for by the exigencies of war, altogether unconnected with its casualties — could warrant any such expectation on the part of any person who, having seen fit to seek in a foreign country a more ad- vantageous field for carrying on his trade than the one afforded by his native land, had found it for his advantage to remain there af- ter the two nations had become involved in war. And even in a case of this kind, the question would still be between justice, naked justice, and nothing more, to the millions who had remained at home, and favor, gratuitous favor, to the few who had elected to go abroad and settle there in order to be better off than those who remained at home. I am old enough to recollect that during our last war with Eng- land many British subjects, merchants and others, were required to leave New Orleans, and I think other places on the seaboard, for the interior of our cou ltry. I find in our treaty of 1194 with that nation, (article 26,) stipulations similar to those contained in our treaty with Mexico, and still stronger; for they not only secure to "merchants and others" "the privilege of remaining and continu- ing their frade'so long as they behave peaceably, and commit no offence against the laws;" but they require that, even "in case their conduct should render them suspected, and the respective governments should think proper to order them to remove, the term of twelve months from the publication of the order shall be allowed them for that purpose," &c. - In the treaty of peace of 1814, nor in the subsequent conventions, I find no provision for indemnify- ing such British subjects for the losses sustained by them in conse- quence of their expulsion from the places where they were carry- ing on their business, under the guarantee afforded by these stipu- lations. While examining the recent work of Monsieur de Mofras, in quest of geographical information respecting the line of division between the Californias, I came to the following passage, (vol. 2, p. 473:) "We know only the decision of England as arbitrator, 301 [52] which denies to the French, expelled after the capture of San Juan d'Ulloa, all manner of indemnity for the losses caused by that ex- pulsion." Now the expulsion here referred to was, by a decree wkich operated throughout the republic, upon all French subjects en masse, without being founded upon special reasons in individual cases, either as to persons or places. A considerable number sailed from the country, and a far greater number had to break up their business, abandon their abodes, and depart with their families for the seaports, before the operation of the decree was arrested. In this way, many hundreds in one body left the city of Mexico. I have not been enabled to obtain a copy of the decision given by the British government in this case, nor of the stipulation by which the question was submitted to arbitration. I am therefore, uninformed as to its precise nature, and as to the principles upon which the de- cision rested. But, inasmuch as no treaty existed between France and Mexico, the base cannot have been submitted as turning upon a question of interpretation, or of strict law, in any way. It must have been submitted as a case in equity, as one depending upon equitable 'principles, in their application to the relation which, agreeably to the received doctrine in regard thereto, exists be- tween the foreign residents of a country and the government of that country, when war exists between it and the one to which, they belong. But, whatever may be the principles which shall be deemed to afford the proper rule in regard to cases of this description, and looking only to the loss of property actually incurred, my convic- tion is, that the amount cannot but be very inconsiderable, and that it could be made to appear otherwise only by fictions and by esti- mates of consequential losses, based upon the assumption, that the parties were entitled to be insured, at the expense of our country, from the breaking up of their business, and other ordinary inci- dents to war; incidents similar to those which commonly attended the state of war, even in places. remote from the state of hostilities, and which would, in our own country, affect in a greater or less de- gree the business of every one of her citizens residing in or near a place captured, or besieged, or threatened, or blockaded by the enemy. In view of the addition of the period of the war to the term for which the discharge from claims is given to Mexico, I have added one quarter of a million to the three millions fixed by the projdt, as the extent to which claims, if found just, shall be paid. I have made this addition, not that I believe that the claims arising during the war, which shall be found just, will amount to anything like this sum, or that the three millions will not prove more than sufficient to cover the whole, but because the offer of the three millions, with reference to those arising before the war, having already been made and become publicly known, it seemed proper that the ad- dition made to the discharge should not appear, except accompa- nied by some increase of the sum. As it is only in the event of the claims being found justly due, that this increase takes effect, ^o necessity existed for limiting its amount to that of an estimate 'iregard to the sum total of these claims. [ 52 ] 302 [The following papers were inadvertently omitted in their proper order.] [No. 9.] Puebla, July 23, 1847. ## # * # # # * In my No. 8, under date the 7th instant, I transmitted a copy o a letter addressed by me to General Scott, under date the 25t] June, and his reply to the same-. This constituted the commence inent of our official intercourse with reference to- the duties wit] which I am charged. Justice — to say nothing of my own feeling towards a gentleman and a public servant, whose character I no\ believe that I had entirely misconceived — demands that I shoub eribrace this early opportunity to say that his whqle conduct in thi regard has been characterized by the purest public spirit, and fidelity and devotion which could not be surpassed, to the views o the government in regard to the restoration of peace. This spiri on his part — as will clearly appear when the details are communi eated — has manifested itself, not in a passive way merely, (as migh be supposed from the nature of our relative positions t and duties, but in a disposition to assume responsibility — and responsibility o the gravest kind — in utter disregard of consequences to himself And this disposition — or rather, this readiness and fixed determina ti on — on his part, although the occasion which has called it fort] did not relate to the discharge of his military duties, strictly speak ing, has not required any appeal from me to elicit it, but has mani fested itself in the most spontaneous and patriotic manner. Unde these circumstances, it would not but be a cause of the most seriou regret on my part if the correspondence between us, that took plac shortly after my arrival in this country, should in any way h> brought to the notice of the public; and, consequently, if in you judgment consistent with propriety, it would be highly gratifying to me to be permitted to withdraw it from the files of the depart ment. I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. [Enclosure with Mr. Trist's despatch No. 9.] Message of the President, (Santa Anna,) through his Secretary o, State, to the Mexican Congress, July 16, 1847. It commences with a succinct but perfectly lucid and candid state ment of what has occurred, beginning with the note of our govern- ment of the 17th June, 1845, and ending with that of the 15th Aprr last, which is represented as saying, that inasmuch as the objectior to receiving Mr. Slidell was the too great amplitude of his charac- 303 [ 52 ] ter, the United States now send Mr. N. Trist, who, although a per- son of standing in the republic, being the second officer of the min- istry of foreign relations, is not invested with any character beyond that of commissioner, nor any mission or faculties beyond treating of the means of terminating the war, &c. It then proceeds: u H. E. the President ad interim, Don A. L. S. Anna, who was called upon by the nation to conduct the war of defence against the United States, in the war of invasion which these are prose- cuting against it, of rare example in history for its injustice, &c.$ and who, responding to this call of his country, and to the impulses of his heart, has led the army even beyond the desert to seek the enemy," [here S. A.'s exploits.] " H. E. the President, I say, who has done and is doing all in his power to push the war, found him- self, nevertheless, with this business begun; and not wishing to do aught but the will of Congress, as the interpreter of that of the nation, which had specially assigned to it the duty of taking cognizance of everything relative to the war, he referred this note [Mr. Buchanan's] to them, that they might consider and determine upon it. Having [the minister] laid before him the note of your excellencies [the secretaries of Congress] communicating the determination taken on the subject, he directs me to reply, saying to your excellencies, in order that you may be pleased to communicate the same to Con- gress, that he entertains a sincere doubt of law in regard to the in- terpretation which should be given to their said resolution. It is therein said that, in the present posture of the business, its cogni- zance belongs to the Executive. 11 Had the object for which the Executive referred the note of the Secretary of State of the United States been, that he might know his powers; and, more clearly still, if what he meant to re- quest had been an opinion in regard to which is the proper branch of the government to initiate, or to accept an initiative, for the opening of treaties of peace — in such case the reply would have been categorical. But no doubts having occurred to the Executive in regard to the extent of, or the time and restrictions of the powers conferred upon it by the fundamental code, the necessary determi- nation asked for by it is, whether, using those powers, and confining himself in so doing to the restrictions of the fundamental code, it shall answer the note by saying that it will hear, or that it will not hear, the propositions which it is desired to make to it. For the dignity of this nation, this note cannot remain without reply, a re- ply which the commissioner is now awaiting at. the city of Puebla, unless this also should be so resolved by Congress. And if it is to be re- plied to, the Executive does not wish to do aught butthe will of Con- gress. It does not suffice that Congress should leave it at liberty free- ly to use its constitutional powers in regard to the business as it now stands; and for which renewal of confidence I am instructed by the Executive to express its most submissive thanks. This does not suffice, because another law, (that of the 20th April last,) which, although secondary, is yet ad hoc, and was passed by Congress in fulfillment of its mission to take cognizance of all things relative to the war, conflicts with the present resolution of Congress, and [ 52 ] 304 appears to have been enacted for the purpose of prohibiting to the Executive, in the present state of the business, the exercise of the faculty conferred upon it by the constitution. This is the doubt of law, in regard to which he makes a formal request that it be cleared up by means of another law or decree. In that of the 20th April, it is said that the Executive shall not have power to make peace with the United States, nor to conclude negotiations with foreign powers; the faculty conferred upon the Executive by the constitution, in regard to the present posture of this business, is that of making treaties," &c, &c. "It is not true that if the decree of the 20th April had not been passed, still the principle of the fundamental code would have been in full force, whereby peace <^ould not have been made, how- ever many treaties the executive might have made for its estab- lishment, so long as those treaties should not have been approved by congress? Most certainly it is. Consequently, if this decree did not divest the executive of the faculties conferred upon it by the fundamental code with reference to the present state of the subject, the decree would be perfectly inoperative, or would indicate an ignorance or an obliviousness on the part of the legislators which is not to be supposed. "On the contrar--, so strongly is it to be supposed that such was their intention, that when the other states of the world are men- tioned with reference to the restrictions upon the faculties of the executive, the constitutional doctrine is repeated, by way of re- calling to. mind the restriction imposed by the code. The execu- tive shall not have power to make peace with the United States, and it cannot conclude with the other powers. With the decree, or without the decree, it can never conclude matters which have been negotiated with any power, whether the United States or any any other; therefore, with regard to the others it says conclude; with regard to the United States, make," &c, &c. "Now, that this decree is still in force since the adoption ar^l publication of the constitution, is a point which it had never oc- curred to any one to raise a doubt about until now. If this de- cree was nassed by a congress, summoned to take cognizance of all things relative to the war with the United States, it is clear that, the war still subsisting, and the congress still subsisting, the decree also still subsists, &c, &c. "If the present congress should see fit that the decree of the 20th April shall not remain in force, it would be necessary expressly to repeal it, because congress by various acts has recognised it as subsisting," &c, &c. "But this is not the subject in hand. These aggressive enemies of ours, whom the general president has fought and is ready to fight again, say to us, now that here is the commissioner, such pre- cisely as the Mexican executive (who was not General Santa Anna) consented to receive and to listen to: Without listening to him, it cannot be known if peace is dishonorable. Will you hear? This is the question," &c. "Finally, and to conclude in a word, I am commanded by H. E. 305 [ 52 ] the president to say to your excellencies, in order that you may be pleased to say it to congress, that the nation is the only arbiter of its destiny; and as this is to be staked, and perhaps to he decided, in this struggle, and because in the question, to hear or not to hear that which it is desired to propose to the nation, the ex- ecutive does not wish to do its own will, but that of the nation, it desires to know what this is: to none except its representatives can the executive address the inquiry. The executive expressly requests of congress that it declare if it be the will of the nation not to listen to propositions of any sort which may come from the United States. I offer, &c, &c. God and liberty!. Mexico, July 16, 1847. R. PACHECO. [No. 10.] Puebla, July 31, 1847. Sir: In my last I said, "I consider the probabilities of an early peace very strong." * * * * # # # # # # We had intelligence last night of General Pierce, from Colonel Wynkoop, governor ot Perolc ; which place General P. doubtless reached last night, and will leave to-morrow morning. Allowing him three days for the march hither, and as many more to rest and recruit, we shall, in all probability, be on the march to Mexico in a week from this time, with from 8,000 to 8,500 men, a force abun- dantly — I may say overwhelmingly — sufficient to dispose of the 30,000 congregated in and about Mexico, and to add another hun- dred or two of pieces to the cannon that has passed into our hands. We are, however, I feel quite sure, not destined to enter the city: so entirely was I mistaken when I said that a march upon it and its occupation were convertible expressions. After trying his for- tune, not without hope, it seems, that she may smile upon him at the Penon, (see Venta de Mexico in Manouvrier and Snell's re- cently published chart of the road — taken, I think, from Hum- boldt,) or whatever point we may decide upon first carrying, S. A. will, whether successful or unsuccessful in his resistance, con- trive to have himself entreated to negotiate an armistice, for the appointment of commissioners. The only point which I consider at all problematical — for I feel as certain in regard to the rest as one can well feel on such a subject — is whether congress can be kept there, and prevented from scattering to the four winds; in which latter event, ratification would be a hopeless thing; and this, being evident, would probably prevent the negotiation of a treaty. The Diario del Gobierno of the 24th, 25th, and 26th instant — slips from which are referred to in No. 1 — will be sent to you en- tire from the office of the New Orleans Delta, with the correspon- dent of which here I long since made the arrangement in regard to all newspapers transmitted by him, that they are to be forwarded to you. Every addition to what the courier has to carry increases the chance of his detection and capture. This was one of the rea- 20 [52] S06 sons for this arrangement, (not to double the bulk of newspapers;) the other being, that he olten obtained paptrs which were the only ones that had come to the city. I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. James Buchanan, Secretary of State. No. 1, — Extracts. "You will no doubt have been amused at the mutual endeavors of Congress and Santa Anna to put the respon- sibility of entering into negotiations upon each other; so far, con- gress have succeeded; for although S. A. addressed them the plain question of whether they wished peace or war, he was unable to make them meet to give him an answer; * * CORRESPONDENCE BETWEEN THE SUPREME GOVERNMENT OE MEXICO GENERAMNCIUEF OF THE AMERICAN ARMY, THE COMMISSIONER OF THE UNITED STATES. [52] 308 Head-quarters Army of the U. S. of America, Coyoacan, August 21, 1847. Gen. Scott to Sir: Too much blood has already been shed in this President of unna t ura l war between the two great republics of this continent. It is time that the differences between them should be amicably and honorably settled. Your excel- lency knows that there is with this army a commissioner on the part of the United States invested with plenary powers to that end. In order to open the way for the two republics to enter into negotiations, I desire to ex- ecute, on reasonable terms, a short armistice. I await with impatience until to-morrow morning for an answer to this communication; but in the meantime I will take and occupy such positions without the capital as I may consider necessary to the shelter and conveni- ence of this army. I have the honor to remain, with high consideration and respect, your excellency's most obedient servant, WINFIELD SCOTT. To his Excellency the President and general-in-chief of the republic of Mexico. War and Navy Department', Section of Operations. Reply of Min- Sir: The undersigned, Secretary of War and the Navy ister of War. f t^ e government of the United States of Mexico, has- received orders from the most excellent President gen- eral in-chief to answer the communication of your ex- cellency, in which you propose to him to enter into an armistice, with a view to prevent the further effusion of blood between the two great republics of this continent, and to hear the propositions which may be made to that end by the commissioner of the most excellent President of the United States of America, who is at present at the head-quarters of your array. It is certainly lamentable that inconsiderate regard to the rights of the Mexican republic has led to the shed- ding of blood by the two first republics of this Ameri- can continent, and with great exactness your excellency has characterized this war as unnatural — not alone for its motives, but likewise on account of its being pro- duced by two nations whose interests and relations are identified with each other. The proposition of an armis- tice to terminate this scandal has been accepted with pleasure by his excellency the president general-in- chief, because it will open the way through which the propositions of the commissioner of the President of the 309 [ 25 ] United States of America for the decorous termination of this war may be listened to. In consequence, his excellency, the president general- in-chief, has ordered me to announce to your excellency that he admits your proposition to make an armistice, to effect which he has nominated the Brigadier Generals Ignacio Mora Villamil and Benito Quijano, who will meet at the hour and place you may appoint. His excellency the general president has instructed me to communicate to your excellency his willingness that the army of the United States shall take commodi- ous and furnished quarters, hoping they will be found without the range of shot from the Mexican fortifications. I have the honor to be, with high consideration and respect, your excellency's most obedient servant, ALCORTA. To his Excellency Winfield Scott, General-in- chief of the Army of the U. States. Copy. — Mexico, August 21, 1847. MANUEL MARIA SANDOVAL. Most Excellent Sir: All Mexicans, but more espe- Minister of cially the inhabitants of this capital, are witnesses of the ^. ela p lon ^j t( i .extraordinary efforts made by the most excellent presi- f Confess, dent ad interim to reunite an army capable to combat calling on. the army of the United States, and to recuperate the therato raeet * lustre of the arms of the republic. They have likewise witnessed the intrepid v:.lor with which he exposed his life in the combat until victory frowned again upon him, and now the enemy is found at the gates of the city. Under these circumstances, and whilst the inhabitants of the populous Mexico have made all kinds of sacri- fices to carry on the war, it is one of the most imperious duties of the first magistrate to prevent the irreparable evils of an assault, and to avoid all the consequences of a violent occupation. To this end, availing himself of his constitutional powers, and in conformity with the resolution of the general congress communicated on the 16th of July last, he has resolved to hear the proposi- tions which Don Nicolas Trist has come to make and negotiate on the part of the United States. In the mean- time there will be a suspension of arms. Inasmuch as this affair is of great interest to the repub- lic, the excellent sor. president desires that the national congress may take in it such part as may correspond to it, for which purpose he ordered me to urge your excel- lency to use all the means in your power to convoke the members of congress in session at 12 m. this day. £52] 310 I reiterate to you the assurance of nay distinguished consideration. God and liberty! Mexico, August. 21, 1847. J. R. PACIIECO. To the Most Excellent Sor. President > of the soverign congress. Secretary's Office Of the sovereign constituent congress of Mexico. Ilcply. Most Excellent Sir: As soon as I received your note of this day, I took the necessary measures to cite the members of congress; but at 3 o'clock, p. m., no more than twenty-six individuals had met. Many members are absent from this capital by virtue of the resolution of the 10th instant. Those present at the junta agreed that the absent members should be again cited, and that it should be urged upon the government that it, through the medium of the most excellent governors of the States, should procure a reunion of congress. All of which I have the satisfaction of making known to your excellency in answer to your note aforemen- tioned, and of renewing the assurance of my esteem. God and liberty! Mexico, August 21, 1847. A. M. SALONIO. To the Most Excellent Sr. Minister of Interior and Exterior Relations. ^Armistice. The undersigned respectfully nominated the two first by the most excellent sr. president of the republic of Mexico and general-in- chief of its army, Don Antonio Lopez de Santa Anna, and the three last by his excellency major general of the United States of America and gen- eral-in-chief, Winfield Scott. Having met in Tacubaya the 22d day of August, 1847, duly examined and ex- changed their plenary powers to make an armistice be- tween the two armies for the purpose of enabling the government of Mexico to take into consideration the propositions which the commissioner on the part of the most excellent Sor. President of the United States of America lias to make, they agreed on the following ar- ticles: 1st. There shall be an immediate and absolute cessa- tion of hostilities between the armies of the United Srates of Mexico and that of the United States of North America within a circuit of thirty leagues'from the cap- 311 ital of the first, to give time for the commissioners ap- pointed by the republic of the United States to treat with those who may be appointed ori the part of Mexico. 2d. This armistice shall be continued all the time the commissioners of the two governments are occupied in negotiating, or until one or tne other of the chiefs of the two armies may give to the other formal notice of its termination, after which hostilities shall not break out until forty-eight hours shall have elapsed. 3d. Whilst this armistice is in force, neither army shall commence, within the aforesaid circuit of thirty leagues from Mexico, any fortification or military w T ork, offensive or defensive, nor shall anything be done to en- large or reinforce existing* works or fortifications within the aforesaid limits. 4th. Neither army shall be reinforced. Whatever re- inforcements of troops or munitions of war, excepting provisions which may now be on the w r ay to either of the two armies, shall be detained at the distance of twen- ty-eight leagues from the city of Mexico. 5th. Neither of the armies, nor detachments of them, shall advance. beyond the line now actually occupied. 6th. Neither of the armies, nor detachments of them, nor any individual of a military character, shall pass the neutral limits established by the antecedent article, excepting those who may carry the correspondence be- tween the two armies, or who may go on business au- thorized by the following article, and then under a white flag. The individuals of either army who by casualty shall trespass upon the neutral territory shall be kindly admonished by the contrary party, or they shall be re- turned to their own army under an escort with a white flag. 7th. The American army shall not with violence op- pose the introduction of the usual provisions necessary for the consumption of the inhabitants and army within the city, nor shall the Mexican authorities, either civil or military, do anything to obstruct the passage of pro- visions from either the city or country to the American army. 8th. All the American prisoners of war now in the power of the Mexican army, who have not been ex- changed prior to this date, shall be exchanged as soon as possible, one for one, according to their rank, with Mex- icans made prisoners of war by the American army. 9th. All American citizens who were established in the city of Mexico previous to the present war, and were since banished from said city, shall be permitted to return to their families and business in said city, without delay, nor shall they be molested. 10th. With a view to favor the grand object of peace, as well as to facilitate in a better manner the execution [52] [ 52 ] 312 of these articles, it is further agreed that if either army- wishes to send a- messenger or bearer of despatches on the line from Mexico, or its vicinity, to Vera Cruz, or from thence here 5 said messenger shall receive a pass- port, signed by the chief of his army, and with a safe conduct from the opposing chief, which shall protect said messenger and his despatches from any interruption or loss by the Mexican or American troops on said line. 11th. In the towns occupied by the American forces, the administration of justice by the constituted authori- ties, in accordance with the general or State laws, shall not be interrupted in cases where Mexicans are parties. 12th. In the towns, villages, and hamlets occupied by the army or forces of the United States within the afore- said limits, private property shall be respected, and no individual Mexican shall be restrained in the exercise of his profession; they shall not be obliged to perform any service againit their free will and^consent, in which case they shall be paid a just price; trade shall not be disturbed in any way or manner. 13th. The wounded prisoners shall not be embarrassed in any way; and when they wish to move to a more commodious place to be cured, they shall be permitted to do so, it being understood that they are still in the character of prisoners. 14lh. The health officers of the Mexican army may- attend on them when desired. 15th. For the punctual fulfilment of this agreement, two commissioners shall be appointed, one by each party; and in cases of discord, they shall elect a third. 16th. This agreement will not be valid until approved by the most excellent Sors. generals-in-chief of both armies, and within the term of twenty-four hours, counting from six in the morning of the 23d. IGNACIO MORA Y VILLAMIL. BENITO QUIJANO. J. A. QUITMAN, Major General U. S. Army. PERSIFOR F. SMITH, Brigadier General U. S. Army. FRANKLIN PIERCE, Brigadier General U. S. Army. Head-quarters, Army of the U. S. of America, Tacubaya x August 23, 1847. Having taken it into consideration, I approve and rat- ify it, with the express understanding that the word supplies, which was ifsed a second time in the 7th article 313 [ 52 ] of this military convention — the text, or American copy — should be taken to mean (as understood in both the American and English armies) arms, munitions, clothing, equipage, provisions for men, forage, money, and in general all that is necessary to an army. This word. ii supplies" is translated in the Mexican ropy erroneous- ly, and is made to express provisions instead of supplies. WINFIELD SCOTT, General-in- chief of the Army of the U. S. National Palace, Mexico, August 24, 1847, Ratified, suppressing the 9th article, and explaining the 4th in the following sense, viz: the temporary peace of this armistice will be observed in the capital, and within a circuit of twenty-eight leagues around it. Agreed that the word supplies shall be translated recur- sos, and that in it shall be comprised all that is neces- sary to an army, except arms and munitions. ANTONIO LOPEZ DE SANTA ANNA. Head-quarters, Army of the United States, August 24, 1S47. I accept and ratify the preceding condition added by the general president of the Mexican republic. WINFIELD SCOTT. An exact copy of the original. G. W. LAY, U. S. Army, Military secretary of the General-in- chief . Points for discussion in the conferences with the com- missioner of the United States, and which ought to serve as a basis to the Mexican commissioners ; pro- posed to the most excellent Sor. President by the Minister which are to In the second place. Previous to beginning to treat, serve as the the American commissioner ought to recognise on the &ancom!P art °. f Mexico her right to deliberate; that is, if the missioners. intention of the United States has been to increase their territory, why have they not remained with that which they have occupied de facto? If that which they have come to seek at this capital is the sanction of right, for consent, they should desist from asking what we are unwilling to concede, otherwise they may consummate their works de facto, and the war will continue. 1st. The independence of Texas will be recognized for an adjusted indemnification. 2d. Texas is understood to be the territory known by that name since the treaty of 1819, and whilst it formed a, part of the State of Coahuila and Texas, but in nowise does it comprise the territory between the rivers Nueces and Bravo, as the Congress of pretended Texans de- clared to belong to it. 3il. The basis to treat for any other part of the ter- ritory shall be the evacuation of all the'Mexican repub- lic now occupied, raising the blockade, and leaving all our ports free. 4th. They may treat for Upper California. 5th. On no account shall they treat for the 26th de- gree of latitude as a boundary, which would cause the republic to lose aJi of Coahuila, all New Mexico, al- most all Chihuahua, almost all of Durango, all Sonora, part of Sinaloa, and almost the whole of Upper Cali- fornia. They may concede one port, provided it should be San Francisco, in the character of a factory, but never as a boundary. 6th. Indemnification shall be agreed upon for the port t as well as for a road by which to communicate with Oregon. 7th. Ditto for damages, injuries, and extraordinary expenses of the war made in the territory of the repub- lic, this being what has brought them to the capital, and for which they have come to negotiate. 8'h. Ditto for sufferings caused to families, and injury done to estates at Monterey, Matamoras, Vera Cruz, villages, and other cities, hamlets, and estates in the republic, in consequence of the war. 9th. Ditto for depredations committed by rtieir troops. 10th. Ditto for the depredations committed by their guerilla party of criminals, set at liberty and authorized by them in violation of the law of nations.' 11th. They shall close our accounts, unpaid as well as unliquidated, for reclamations made against us. 12th. The United States shall recognize as legitimate 315 [ 52 ] the titles of owners of lantl in Texa*, in virtue of grants fnade prior to its declaration of independence;; as well those of the general government as of the Slate, and "will allow them the free use and enjoyment thereof. 13th. The United States shall compromise themselves not to permit slavery in the part of teiritory which they may acquire by this treaty. 14th. This treaty shall be extended upon the basis of reciprocity in all things wherein it may be compatible, or practicable, taking into view the respective state of the two nations. 15th. They must not agree to less than one year for its definitive conclusion. 16ih. The guarantee for its observance will be sought) t>y common agreement, in some European power, or in a continental Congress. 17th. The basis of this shall be a republican system over the whole continent, excepting' French Guiana and Brazil. 18th. The treaty about to be made must' not in any manner disturb the principles of the most favored na- tion conceded by the republic to all other nations with whom it has made treaties. 19th. As another circumstance, they shall exact the restoration of the Irish prisoners, and that no one of the American army sbaN enter into the capital. 20th. All captured vessels and trophies shall be re- stored. 21st. As a general basis, they shall treat for peace as if we had triumphed, and as a nation who can yet carry on the war with advantage. Mexico, August 2-1, 1847. LOPEZ DE SANTA ANNA. " J. R. PACHECO. V. ROMERO. ALCORTA. RONDERO. A copy. — O. Monasterio. Tacubaya, August 25, 1847. The undersigned, a commissioner appointed by the Mr. Trist to United States of America near the United States of'Mex- t! ; e D Mimster . ..,' « ., . ... ot Kelalions. ico, invested with full powers to treat and confer with, any person or persons, equally authorized by the Mexican government to negotiate and conclude with him or them a durable treaty of peace, friendship, and limits between the two republics, takes the liberty to call the attention f52] 316 of the minister of relations of Mexico to the military convention concluded on the 23d and ratified on the 24th instant, by which an armistice is established. He has now the honor to say that he is ready to treat with a commissioner or commissioners on the part of Mexico, and desires that he will designate an early day for their meeting, at some place which may be convenient to both parties. The undersigned offers to his excellency, the minister of relations, the assurances of his most distin- guished consideration. N. P. TRIST. Palace, &c, August 26, 1847. Reply. The undersigned, minister of interior and exterior re- lations, has had the honor to receive and place before his excellency the president ad interim of the republic the note in which, in consequence of the armistice made by the general-in-chief of the troops of the United States, the Sor. D. Nicolas Trist, commissioned by the govern- ment of that nation, under the date of yesterday, mani- fests his readiness to treat with the commissioner or com- missioners of this republic concerning the propositions of peace which he is authorized to make, asking that an early day may be named for their meeting at some point which may be esteemed convenient to both parties. The undersigned has received orders from his excel- lency the president to manifest to Mr. Trist, in reply, that he is occupied in the appointment of commissioners to hear the propositions which Mr. Trist may be pleased to make. They will meet to-morrow at 4 o'clock, p. m., in the town of Atzcapuzalco, a point intermediate to those occupied by the forces of either nation, provided that Mr. Trist does not find the place of meeting incon- venient. The undersigned offers to Mr. Trist the assur- ance of his distinguished consideration. J. R. PACHECO. To Don Nicolas Trist, #c, #c, Sfc. Tacubaya, August 26, 1847. Mr. Trist to The undersigned, convnissioner of the United States of the Minister America, has the honor to acknowledge the receipt of • eauons. ^ note . ^ Qm ^. g exce ]] ency §or. Pacheco, minister of relations of Mexico, of this date, by which he is informed that commissioners on the part of Mexico will, on the morrow, at 4 o'clock, p. m., pass over to the town of Atzcapuzalco, if the undersigned should not find the lo- 317 [ 52 ] cation inconvenient, at which place the meeting will be verified, being a point intermediate to those occupied by the respective forces of the two nations. The undersigned has the honor to say that he accepts with pleasure this invitation, with a confiding hope that this first- interview will be speedily followed by a satis- factory adjustment of all differences between two sister re- publics. He reiterates to Sor. Pacheco the assurance of his distinguished consideration. N. P. TRIST. To his Excellency D. J. R. Pacheco, Minister of relations of the Mexican republic. Resolution of the most excellent sor. president, in cabinet council, August 25, 1847. The armistice sought by the enemy's general having Order for the been made, it becomes the duty of the Mexican govern- appointm'nt of ment to appoint commissioners to hear, nothing more, commlss ' ners - the propositions for peace which the commissioner on the part of the United States, in the name of his govern- ment, may wish to make. The following are nominated: the representative Don Jose Joaquin de Herrera, magis- trate of the supreme court of justice, Don Antonio Mon- jardin, and Don Antonio Garay, who shall be notified of their respective appointments, in which they will be re- quired to meet to-morrow at 11 o'clock, a. m., in the of- fice of the minister of relations, with whom they shall pass to the habitation of the president to receive the in- structions agreed upon in cabinet council. The minister of relations shall make a memorandum which shall be placed in their hands by the president. This shall be confined to prescribing to them their true mission, which is nothing more at present than to hear the propositions for peace, which, in the name of the government of the United States, it pretends to make to the government of Mexico, the purport of which shall be transmitted immediately to the president, in order that he, with his cabinet, may determine what is conve- nient to be done in the premises. The government then reserves to itself the right to give sufficient instructions to its commissioners to enable them to enter upon the preliminaries of the negotiation, and will advise them during its progress, through the minister of relations, of all necessary steps to enable them to discharge in the best manner the duties of their commission, it being un- derstood that they will agree to nothing definitively, -without the previous approbation of the government. [This act bears the sign manual of the president and his four ministers.] [52] 318 Letter from Most Excellent Sir: The armistice sought by the the Minister ffenera l-iffit-chief of the troops of the United States has ot -Relations o T ' to Gen. Her- been concluded. It is now necessary to appoint com- rcra - missiohers who mny hear the propositions of peace which that nation desires to make through its commissioner. The most excellent sor. president ad interim having full knowledge of, and confidence in, the patriotii-m, intelli- gence, and other commendable qualities which adorn, your excellency, has thought proper to appoint you, together with a magistrate of the supreme court of jus- tice, D: Antonio Fernandez Mbnjardih, and Sor. D. An- tonio Garay, in whom he recognizes the same estimable qualities, commissioners lor the purpose here indicated. In the critical position in which our country is found, no one of -its sons can or sought to shut, his ears to its call. His excellency the president does not doubt that your excellency, as well as the other persons named, well cheerfully lend their aid to execute this important service. In cot. sequence, I expect y.ou will meet to- morrow, at 11 o'clock, in the office of the minister of relations, from whence we will pass to the habitation of the chii ! magistrate of the republic, who will communi- cate to you the instructions determined upon in cabinet council. I renew to your excellency the assurance of my dis- tinguished consideration. God and liberty! August 25, 1847. PACIIECO. The Most Excellent Sor. D. Jose Joaquin de IIerera. Same letter I this day say to the most excellent Sor. General D. to Monjardin J 0?P Joaquin de Herrera as follows, (a copy of the pre- drd ^' ceding communication is inserted)) and have the honor of transmitting it to you, in order that it may produce a corresponding effect in that part which relates to you. At the same time, I renew the testimony of my esteem to you both. God and liberty! August 25, 1S47. To the Sor. Magistrate Don Amonio Fernandez Mon- jakdin and Sor. Don Antonio Garav. Gen. Ilerre- Most EXCELLENT Sir: Your official note of this date r» declines to has informed me that the most excellent president has act »s •oin- Deen pl eaS ed to appoint me, in union with the mayis- missiouer. r t > r\ * i\,r i trate ot the supreme court, Don Antonio Mvwjanwn, aim Sor. Don Antonio Garay, to hear the propositions of peace which the commissioner of the gov; r went of the United States desires to make. As a Mexican who de- 319 [ 52 ] sires the good of my country, I ought to remind your excellency that I was at the head of the government in the year 1845, at which time the government of the United States proposed to send a commissioner to regulate the differences which, on account of Texas, had disturbed that harmony which ought to exist between coterminous republics. For having expressed my willingness to re- ceive him, and hear his propositions, my administration was calumniated in the most atrocious manner, and finally resulted in a revolutionary fermentation, which separated me from the command: If I were to take any pari in the affair at this tim* 3 , the floodgates of calumny would again be opened with renewed violence; and no matter how honorable or advantageous terms might be obtained, taking into view our present circumstances, they would be badly received at my hands — much more so than if others had the management of the affair. Other reasons might be alleged to excuse me; but it ap- pears to me that the foregoing is sufficient to induce the most excellent sor. president to admit my renunciation of the honorable commission with which he has been pleased to encharge me. 1 have the honor to present this in answer to your official note, and to offer to you the consideration of my just regard. God and liberty! Mexico, August 25, 1847. JOSE J. HERRERA. To the Most Excellent Minister of Relations Don Jose Ramon Paciieco. Most Excellent Sir: Loving my country as much as Monjardin do. he who loves it most, there is no saenfice I would not elinestoact. make for its benefit, if from that sacrifice the slightest utility would be derived. I am, unfoi tunaiely, intimately con- vinced that no benefit would result to it by the sacrifice of my feelings and reputation, which would necessarily take place if I accepted the appointment of commissioner to hear the propositions cf the commissioner of the United States, ts indicated in your letter of this day, which informed me that the most excellent president had nominated me a commissioner for that purpose. This consideration, added to ray own knowledge (I speak without any affectation of modesty) that I lack all those gifts which should adorn a diplomatic agent, com- mencing with my ignorance of the language of the per- sons with whom we are to treat, imposes upon me the nectssity of refusing to accept the appointment, which I ouglit not to admit, being convinced that I am to discharge the duties appertaining thereto. [52] 320 I fully recognize the honor conferred upon me by the most excellent sor. president by this nomination, and have the honor of renewing to your excellency the as- surance of my distinguished esteem. God and liberty! Mexico, August 25, 1847. ANTONIO FERNANDEZ MONJARDIN. To the Most Excellent Sor. Secretary of State and of Foreign and Internal Relations. Garay de- Most Excellent Sir: Last night at 8 o'clock I re- clines to act. ceived your excellency's note of yesterday, in which you were pleased to inform mc that the most excellent Presidenfhas thought proper to nominate me, in union with General Don Jose Joaquin de Herrera, and the magistrate of the supreme court of justice, Don Antonio Fernandez Monjardin, commissioners to hear the propo- sitions of peace which the United States desire to make through their commissioner. This trust, most excellent Sor., I understand will hereafter be extended to authorize them to confer upon the preliminaries of peace. I esteem it to be a very great trust, because the business w T hich will be brought before it is very delicate and difficult to manage. If it has been heretofore merely a subject of discussion, it has now become a matter of conflict to the nation, and more particularly to the capital of the republic. On this movement depends the national honor, which has already suffered by the war; and, according to the course of events, it may yet suffer greater evils than is apprehended. I understand the object of this mission does not extend to conclude a peace, but to propose all the preliminaries for it. The trust, nevertheless is diffi- cult, because the actual relations of our affairs is becom- ing more complicated, and to manage them properly will require the most comprehensive intelligence. I cannot .flatter myself that my limited capacity would en- able me to fill the public expectation during the period of initiation, adjustment, and conclusion of a treaty; and as there is an infinity of Mexicans who, endowed with superior abilities, likewise possess the public con- fidence, by which they would be enabled to promote the public interest even in the initiative of the treaty to a much greater extent than I could possibly do, the true interest of this grave and important business impels me to decline accepting the appointment which the most ex- cellent Sor. President has been .pleased to confer upon me, and the duties of which are infinitely superior I my abilities. 321 I beg your excellency will be pleased to make this known to the most excellent Sor. President, to whom you will give my cordial thanks for this distinguished mark of his confidence in me, and assure him, at the same time, that I am fully convinced of the difficulties which environ this affair, as well as my own insufficiency to manage it. I must and will, therefore, always re- fuse to accept the appointment which his excellency has conferred upon me. I renew to your excellency the considerations of my respect and esteem. God and liberty! Tacubaya, August 26, 1847. ANTONIO GARAY. To the Most Excellent Sor. Minister of Foreign and Internal Relations. [52] Most Excellent Sir: I have laid before the most ex- The President cellent Sor. President ad interim your official note of insists u P°n yesterday, in which you desire to be excused for not * Ierrera ' s ac * • \ i • . , i- • , , ceptance. accepting the appointment oi commissioner to hear the propositions for peace which the government of the United States wishes to make through its commissioner. In answer thereto he has ordered me to say to you, as I now do, that the same reasons which you invoke were those which induced him to select you as one of the commissioners. Those reasons advanced by you go to prove that two distinct administrations, influenced by diverse circumstances, have agreed on this essential point, that it is convenient for us to hear those propo- sitions which it is announced will put an end to the evils of war. For which reason his excellency persists in his desire that your excellency will take charge of this grave and delicate business, to which end he invokes your well known patriotism and hitherto earnest desire to promote the interest of the republic. Your excellency will see, by the accompanying copy of a communication directed to Sor. Don Nicolas Trist, that the meeting should take place to-morrow at 4 o'- clock, p. m., in the town of Atzcapuzalco. His excel- lency the President will deliver to your excellency the instructions by which you are to be regulated. I re- new to your excellency the assurance of my especial consideration. God and liberty! Mexico, August 26, 1847. PACHECO. To the Most Excellent Sor. Gen. of Division Don Jose Joaquin de Herrera. 21 [52] 322 Gen. Kerre- Most Excellent Sir: From your excellency's note ra accepts. f t ^- {S date, I se e with regret that the most excellent President has not esteemed the principal reason set forth in my anterior communication to be just. I wished to be excused from accepting the honorable appoimment of commissioner to hear the propositions of peace which the commissioner of the United States wishes to make; but inasmuch as the most excellent Sor. President con- siders it necessaiy that I should render tnis service, I am ready to do it, as well as to make any other sacri- fice by which the country would be benefitted. All of which I have the honor to say in answer to your excellency's note, offering to your acceptance my due consideration and esteem. God and liberty! Mexico, August 26, 1847. JOSE J. DE HERRERA. To the Most Excellent Sor. Minister cf Relations, D. Jose Ramon Pacheco. Gen.Morain- The armistice initiated by the general-in- chief of the nted to act. United States is concluded; it is now necessary to ap- point commissioners who may hear the propositions which that nation wishes to make through its commis- sioner. His excellency the president ad interim having full knowledge of, and confidence in, the patriotism, in- telligence, and ether commendable qualities which adorn your excellency, has thought proper to appoint you, in union with the most excellent Sor. D. Jose Joaquin de Herrera and another individual in whom are recognised the iame qualifications. In these critical times for our country, none of her sons can or should be deaf to her call. His excellency the president [does not doubt] that you and the others mentioned will cheerfully lend your aid to execute this interesting duty. In consequence, he expects you will call to-morrow, ?.t 11 o'clock, at the office of this minis- try, from whence we will pass to the habitation of the chief magistrate of the republic, who will communicate to you the instructions determined upon in cabinet coun- cil. I renew to you the assurance of my distinguished con- sideration. God and liberty! Mexico, August 26, 1847. PACHECO. To Geaeral Don Ignacio Mora y Villamil. 323 [ 52 ] Most Excellent Sir: I have received your excellen- Gen. Mor« cy's communication of this date, in which you are pleased accepts. to inform me that the time has arrived for us to hear pro- positions of peace which the commissioner of the United States is desirous to make. Further, that the most ex- cellent Sor. President nas thought proper to nominate me as one of the individuals who ought to form the commis- sion that is to meet the commissioner cf the United States, for which purpose we must meet to-morrow morn- ing at your office to receive the necessary or iers. Grateful f©r the confidence shown by nominating me to this delicate mission, I do not feel at liberty to de- cline, and will meet at the office of the minister of rela- tions to-morruw, as you desire, and will spare no efforts on my part to insure good results to the commission. I renew to you the assurance of my distinguished con- sideration. God and liberty! Mexico, August 26, 1847. IGNACIO DE MORA Y VILLAMIL. To the Most Excellent Minister of Relations. August 27, 1847. This day the licentiates Don Jose Bernado Couto and Member* «f Don Miguel Atrisfain were nominated commissioners; the commis- ihe commission is therefore composed of the following p° r " t of 1 ^^ persons: co. Don Jose Joaquin de Herrera, general and representa- tive in Congress. Don Jose Bernado Couto, licentiate and representative in Congress. Don Ignacio Mora y Villamil. Don Miguel Atristain, licentiate. Don Jose Miguel Arroyo, secretary and interpreter. Most Excellent Sir: Although I do not possess the Senor C necessary aptitude to execute in a satisfactory manner accept* the commission which the supreme government has thought proper to encharge me with, as intimated in jour excellency's note of to-day, and notwithstanding that the state of my health has for some time past obliged me to abandon all business, and taking into considera- tion the unfortunate situation in which the republic finds itself, I feel that no Mexican should withhold his ser- vices when required by the public authorities. I accept the aforesaid commission, and will immediately present myself as required, in order to receire the instructions of [ 52 ] 324 the government on the subject. In the superior abilities of those worthy persons witk whom the most excellent president has been pleased to associate me, I found all my hopes of happy results. God and liberty ! Mexico, August 27, 1847. BERNARDO COUTO. To the Most Excellent Minister of Relations. Senor Atris- Most Excellent Sir: I received your official note of tain accepts, yesterday informing me that the most excellent Sor. Pres- ident of the republic has thought proper to nominate me, in union with others, a commissioner to hear the propo- sitions which the representative of the United States of America wishes to make to Mexico for the re-establish- ment of peace; and although I am persuaded that I do nor possess the necessary qualifications to enable me to execute the trust satisfactorily, 1 nevertheless accept it, because I think under these circumstances every Mexi- can should lend his services when required by the gov- ernment. I reproduce to your excellency my considerations and respects. God and liberty! Mexico, August 28, 1847. MIGUEL ATRISTAIN. To the Most Excellent Sor. Don Jose Ramon Pacheco., Minister of relations. Senor Arroyo The most excellent Sor. President ad interim, being appointed sec- satisfied of your patriotism and intelligence, has been icrpreter 1 "* Phased to appoint you secretary and interpreter to the commission which sets out to day for Atzcapuzalco to hear the propositions which the commissioner of the United States has to make. I communicate this for your satisfaction, and at the same time assure you of my es- teem. God and liberty! August 27, 1S47. PACHECO. To Don Jose Miguel Arroyo. Senor Arroyo Most excellent Sir: Informed by your communica- accepts. t j on f to-day that the most excellent Sor. President has thought proper to appoint me secretary and interpreter to the commission about to hear the propositions for peace which the commissioner of the United States is 325 [ 52 ] desirous to makf, and disposed to serve my country as far as in my power, and more particularly under existing circumstances, your excellency may assure the most ex- cellent Sor. President that I will spare no efforts to re- spond in a worthy manner to the confidence with which he has distinguished me. I offer to your excellency the assurance of my consideration and respect. God and liberty! Mexico, August 27, 1847. J. MIGUEL ARROYO. To the most excellent Sor. Minister of Relations. Instructions for the commissioners appointed by the gov- ernment of Mexico to hear the propositions which the government of the United States pretends to make. In conformity with the cabinet resolution of this date, Instruction* the commissioners of the Mexican government, on pre- t0 the Me3 F~ senting themselves at the time and place agreed upon, s i oners . and exchanging their respective credentials, shall restrict themselves to receive from the American commissioner the memorandum which contains the propositions of the United States. If he should not present them in writ- ing, they will then limit themselves precisely to hear the propositions, and to nothing else. Be they few or many, they will draw up a memorandum which shall contain every article in a clear, precise, and categorical manner, which shall be signed by the American commissioner. Whether it is necessary to draw them up at the first interview, or whether the American commissioner should produce them in due form, they shall be transmitted to the Mexican government by its commissioners, who shall not at that time suggest any modification, nor shall they announce or evince the slightest desire to make any al- teration in the document. PACHECO. Mexico, August 25, 1847. Antonio Lopez de Santa Anna, general of division, well deserving from the country, President ad interim of the United Mexican States, to all who shall see these pre- sents: Know ye — That, exercising the power conceded to me by the con- Powers first stitution, I have resolved to hear the propositions for j^e^jjjexicaa peace which the government of the United States desires commiss'ners. o make through its commissioner, Mr. Nicholas Trist,- nd haying entire confidence in the patriotism, intelli- [52] 326 gence, and other commendable qualities which adorn the most excellent Sor. genera! of division D. Jose Joaquin de Herrera, the Sor. licentiate D. Jose Bernardo CoutOy the Sor. general of brigade D. I^nacio de Mora y Villa- mil, and the Sor. licentiate D. Miguel Atristain, I have commissioned and empowered tlitm to go to the town of Atzcapuzalco to receive and transmit to me the aforesaid propositions, which the aforementioned D. Nicholas Tristj. has come to make; for which effect I concede to those three the full power necessary, authorizing the Sor. D. Miguel Arroyo to accompany and assist them in the capa- city of secretary and interpreter, which confidence he likewise deserves from me. In faith of which, I have caused these presents to be made, and signed them with rny hand, and affixed the national seal thereto, and have caused them to be coun- tersigned by the secretary of state, and foreign as well as internal relations. Done in the federal palace of Mexico, the twenty- seventh day of the month of Augusf, in the year one thousand eight hundred and forty-seven, and twenty- seventh of the independence. [l. s.] ANTONIO LOPEZ DE SANTA ANNA. J. R. Pacheco. Project of a treaty presented bv the American commis- sioner at Atzcapuzalco, on the 21th day of August^ 1847. Pr«j«t pre- The United States of America and the United Mexican, aented by Mr. States, desirous of terminating the war which has un- happily subsisted between the two republics, and of re- storing peace, friendship, and good understanding be- tween them, have, for that purpose, appointed their res- pective plenipotentiaries, that is to say: the President of the United States has i.ppointed Nicholas P. Trist, &c , &c, and , who, after a reciprocal communication of their respective full powers, have agreed upon the following resolutions: Article 1. There shall be a firm and universal peace between the United States of America and the United Mexican States, and between their respective countries, territories, cities, towns, and people, without exception of places or persons. All hostilities, both by sea and land, shall definitively cease so soon as the ratifications of this treaty shall have been exchanged by the parties. Article 2. All prisoners of war, taken on either side, as well by land as by ?ea, shall be restored as soon as practicable after the exchange o£ the ratifications of this 327 [ 52 ] treaty. (Besides, it is agreed that if any Mexican citi- zens should be prisoners of the Cumanches. or of any tribes of Indians within the limits of the United States, the government of the United States will endeavor to ob- tain their return to their homes, according to the treaties existing with those Indians.) Article 3. So soon as the present treaty shall have been duly ratified by the United Mexican States, this fact shall be made known with the least possible delay to the military and naval commanders of both parties, where- upon a suspension of hostilities shall take place both by land and by sea, as well on the part of the military and naval forces of the United States ; as on the part of those of the United Mexican Stales; and the said suspension of hostilities shall be inviolably observed on both sides. Immediately after the exchange of the ratifications of the present treaty, all the forts, territories, places, and pos- sessions whatsoever, taken by the United States from the United Mexican States during the war, except such as are embraced within the limits of the United States as de- fined by the fourth article of this treaty, shall be restored without delay, and without causing any destruction or carrying away any of the artillery or other public prop- erty originally captured in the said forts or places, and which shall remain therein upon the exchange of the rat- ifications of this treaty. And, in like manner, all the forts, territories, places, and possessions whatsoever, taken by the United Mexican States from the United States during the war, and also all such forts, territories, places, and possessions embraced within the limits of the United States under the fourth article of this treaty, shall be restored, evacuated, and delivered over to the United States without delay, and without causing any destruc- tion, or carrying away any of the artillery, or other pub- lic property, from said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty. Article 4. The boundary line between the two re- publics shall commence in the gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande; from thence up the middle of that river, to the point where it strikes the southern line of New Mexico; thence westwardly along the southern boundary of New Mexico, to the southwestern corner of the same; thence north- ward along the western line' of New Mexico, until it in- tersects the first branch of the river Gila, or if it should not intersect any branch of that river, then to the point on the said line nearest to such branch; and thence in a direct line to the same, and down the middle of said branch and of the said river, until it empties into the Rio Colorado; thence down the middle of the Colorado [ 52 ] 328 and the middle of the gulf of California, to the Pacific ocean. Article 5. In consideration of the extension of the boundaries of the United States, as defined by the last preceding article, and by the stipulations which will ap- pear in article No. 8, the United States abandon forever, all claims against the United States of Mexico, on ac- count of the expenses of the war; the United States agree to pay to the United Mexican States, at the city of Vera Cruz, the sum of dollars, in five equal instal- ments, each of dollars; the first instalment to be paid immediately after this treaty shall have been duly ratified by the government of the United Mexican States. Article 6. As a further consideration [of article No. 4] for the extension of the boundaries of the United States as defined by the fourth article of this treaty, the United States agree to assume and pay to the claimants all the instalments now due, or hereafter to become due, under the convention between the two republics, con- cluded at the city of Mexico, on the 30th day of January, 1843, " further to provide for the payment of awards in favor of claimants under the convention between the Uni- ted States and the Mexican republic, of the 11th April, 1839;" and the United States also agree to assume and pay, to an amount not exceeding three millions of dol- lars, all claims of citizens of the United States, not here- tofore decided against the government of the United Mexican States, which may have arisen previous to the 13th of May, 1846, and shall be found to be justly due, by a board of commissioners, to be established by the government of the United States, whose awards shall be final and conclusive; provided, that in deciding upon the validity of these claims, the board shall be guided and governed by the principles and rules of decision pre- scribed by the first and fifth articles of the unratified con- vention concluded at the city ot Mexico, on the 20th day of November, A. D. 1843; and in no case shall an award be made in favor of any claim not embraced by these prin- ciples and rules. And the United States do hereby for- ever discharge the United Mexican States from all lia- bility for any of the said claims, whether the same shall be rejected or allowed by the said board of commis- sioners. Article 7. If, in the opinion of the said board of com- missioners, or of the claimants, any books, records, or documents in the possession or power of the government of the United Mexican States shall be deemed necessary to the just decision of any of said claims, the commis- sioners, or the claimants, through them, shall, within such period as Congress may designate, make a demand 329 [ 52 ] in writing for the same, addressed to the Mexican Min- ister for Foreign Affairs, to be transmitted by the Secre- tary of State of the United States; and the Mexican gov- ernment engages, at the earliest possible moment after the receipt of such demand, to cause any of the said books, records, or documents in their possession or power, which shall be specified, to be transmitted to the said Secretary of State, who shall immediately deliver them over to the said board of commissioners, provided, that no such demand shall be made at the instance of any claimant, until the facts which it is expected to prove by such books, records, or documents shall first have been stated under oath or affirmation. Article 8. The government of the United Mexican States hereby grant and guaranty, forever, to the govern- ment and citizens of the United States, the right to trans- port across the isthmus of Tehuantepec, from sea to sea, by any modes of communication now existing, whether by land or water, free of any toll or charges whatever, all and any articles the growth, produce, or manufacture of the United States, or of any foreign country belong- ing to the said government o; citizens; and also the right of free passage over the same to all citizens of the United States. And the government of the United Mexican States also grant and guaranty to the government and citizens of the United States the same right of passage for their merchandise and articles aforesaid, as well as for such citizens, over any railroad or canal which may hereafter be constructed across the said isthmus by the government of the United Mexican States, or by its au- thority, paying no more than fair and reasonable tolls for the same; and no higher tolls and charges shall be levied and collected upon any of the before-mentioned articles and merchandise belonging to the government or citizens of the United States, or upon the persons of such citizens, for passing over the said railroad or canal, than shall be levied and collected upon like articles and mer- chandise belonging to the government or citizens of Mex- ico, being the growth, produce, and manufacture, of Mex- ico, or of any foreign country, or upon the persons of such citizens; and none of the said articles whatever, belonging to the government or citizens of the United States, thus passing in transit over the said isthmus, from sea to sea, either by the existing* modes of communication or over any railroad or canal which may hereafter be constructed, in either direction, for the purpose of being transported to any port of the United States, or of any foreign country, shall be liable to any import or export duty whatever. The two governments hereby engage, with as little delay as possible, mutually to agree upon such regulations as may be necessary to prevent fraud and smuggling in const- [52] 330 quence of the right of passage thus granted and perpetu- ally guarantied to the government and citizens of the United S'ates. Article 9. All goods, wares, or merchandise which shall, during the war, have been imported into any of the ports or places of either party whilst in the military oc- cupation of the other, by the citizens of either, or by the citizens or subjects of any neutral power, shall be per- mitted to remain exempt from confiscation, or from any tax or duty upon the sale or exchange of the same, or upon the withdrawal of the said property from the coun- try; and the owners thereof shall be permitted to sell and dispose of the said property in the same manner, in, all respects whatever, as if it had been imported into the country in time of peace, and had paid the duties under the laws of either party, respectively. Article 10. The treaty of amity, commerce, and navi- gation, concluded at the city of Mexico on the 3d day of April, A. D. 1831, between the United States of America and the United Mexican States, and every article thereof, with the exception of the additional article, are hereby revived for the period of eight years from the day of the exchange of the ratifications of this treaty, with the same force and virtue as if they made part of the context of the same; it being understood that each of the contract- ing parties reserves to itself the right, at any time after the said period of eight years shall have expired, to ter- minate the same by giving one year's notice of such in- tention to the other party. Article 11. This treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the President of the United Mexican States, with the previous approbation of their general Congress; and the ratifications shall be exchanged in the city oi Washing- ton, within six months from the date of the signature hereof, or sooner if practicable. In faith whereof, we, the respective plenipotentiaries, have signed this treaty, and have hereunto affixed our seals. Done in duplicate at the day of , A. D. one thousand eight hundred and forty-seven. Instructions At a cabinet meeting held on the 29th of August, 1847* to the M^xi i • • i can commis- tne propositions made by the commissioner of the sioners. found- United States were discussed, and it was resolved to ed on the pro- give the following instructions to the commissioners jet presented ? ,, ii T • ° Jjy Mr. Trist. °* tiie -Mexican government: 1st. Before the negotiation is opened, it is highly ne- 331 [ 52 ] cessary that the Mexican commissioners should fix for a basis the causes of the war provoked by the United States against the republic of Mexico; or, to be more clear, that the commissioner of the United States shall frankly declare the motives of the war, and the ends for which it is prosecuted. He must not be excused for withhold- ing this information, which is exacted by the Mexican government. If he should refuse to give it, let it be so made to appear. 2d. Are the pretensions of the United States founded upon the right of force, or on pure friendly negotiations? Do. do. 3d. The first question to be treated, after the points above expressed, shall be, whether Texas ought to re- main in the power of the United States by the right of annexation, as is alleged, or by a contemplated purchase of the land from the republic of Mexico. Do. do. The Mexican government does not recognize any other title than that of negotiation. Upon this subject the Mexican commissioners will know how to develop the question in a manner calculated to promote the national rights and interests, and it is left to their wisdom to fix this point in the way they may esteem convenient. It is supposed they know that if greater advantages cannot be drawn from the territory of Texas, they must adopt the opinion of the government, who believes that no further concession shall be made than the limits of Texas as known and recognized : they do not pass the river Nueces, which is the natural boundary of Texas; and in no man- ner does its limits reach to the river Bravo. In ceding Texas, our commissioners should at least derive this ad- vantage from the United States — that they release Mexico from all debts adjudicated, as well as those to be adju- dicated and liquidated, which release will be considered as an equivalent for entering into negotiation; but the United States shall pay for the land one-half the price established by their own laws for the sale of lands. In this case, the two contracting parties must oblige them- selves to leave the space of ten leagues on each side of the boundary line, and throughout its whole extent, which shall be considered as neutral territory, and re- main as a desert between the two countries, by which they will mutually avoid all disputes or difficulties. A joint scientific commission shall be formed to establish the dividing line. 4th. If the United States commissioner should make any movement in relation to the island known as that of P. Vagin, the Mexican commissioners will sustain that it should remain neutral, with a view to obviate all future differences that might arise from it. 5th. In respect to the territory of New Mexico and 52 ] 332 California, they will absolutely refuse to cede all or any part of those lands, that being a question entirely foreign to the question of Texas. Mexico does not wish to divest herself of that integral part of the nation; nevertheless, r the commissioners will make the commissioner of the United States declare by what right, or with what inten- tion, the government of the United States has included in its pretensions New Mexico and California. If he is unwilling to state it, let it so appear. 6th. As a last resource, after having discussed the right of Mexico to the soil which they desire to emancipate from her, they may solely accede to the establishment of a factory in the port of San Francisco. If such are their pretensions, but with such restrictions that Mexico can never be accused of having divested herself of that port, or her actual right of dominion over it, this should, if possible, be limited to a definite time, and must then cease unless renewed by new treaties every eight years; in consideration of which the United States must pay a sum not less than a million of dollars, and a like sum for each and every renewal of this privilege, as an acknowl- edgment that the right rests in Mexico. 7th. As regards the privilege solicited by the govern- ment of the United States to navigate the river Tehuan- tepee, or to traffic upon any way or road that may be es- tablished between the two seas, the government of Mex- ico absolutely denies or refuses to concede any such right. As a last resource, it may be said that the gov- ernment of Mexico will take into consideration the friendly relations which may hereafter be shown by the government of the United States towards the republic of Mexico; and in proportion to the confidence which its conduct may inspire, it will have no occasion to doubt the reciprocity of the Mexicans on the same terms as manifested to other nations, and never as Mexico. 8th. The Mexican government cannot in any manner consent to exempt from the payment of duties merchan- dise introduced into its ports from the United States or any other nation, since the. occupation of said ports by the forces of the United States, and the absolute condi- tion upon which they may be taken into the interior will be, the pajment of the duties in conformity with the tariff of the nation. Indeed, it is too much condescen- sion in the Mexican government to have exempted them from sequestration, which would be the case by our last laws upon the subject. In case the United States are compromised with the importers, they must pay the duties of importation according to our tariff, and the importer shall pay the internal, consumption duties, &c. 9th. The government of the United States ought to promise to withdraw all their forces, both land and naval, as soon as these preliminaries of peace are signed by 333 [ 52 ] both parties, which preliminaries will remain subject to the ratification of the Mexican Congress, as required by the constitution of the country. 10th. When the troops of the United States evacuate the Mexican territory, they must deliver the fortresses •which they occupy in the same state as when they took possession of them; that is, with the same cannon and armament, replacing what they may have destroyed. 11th. Our commissioners will insist upon indemnifica- tion for the ruined fortunes of Mexicans by the troops of the United States, and will exercise all their ability to obtain from that government a promise to hear and ratify the reclamations that may be made on the subject. They shall in like manner pay the expenses of the war, w r hich Mexico has been forced to make, and which she did not provoke. Mexico, August 30, 1847. Antonio Lopez de Sa?ita Anna, general af division, well deserving of the country, and president ad interim of the United States of Mexico, to all who may see these presents: Know ye — That the most excellent general of division and mem- Full powers ber of congress, General D. Jose Joaquin de Herrera, of tlie Mexi- licentiate D. Jose Bernardo Couto, likewise a member o f ^ er g 0mmis * congress, brigadier general D. Ignacio Mora y Villamil, and the licentiate D. Miguel Atiistain, were nominated and appointed commissioners to hear the: propositions of peace made by the United States of America through Mr. Nicholas Trist: I now amplify and extend their commission to confer and to t eat with the aforesaid Mr. Nicholas P. Trist upon the contents of those proposi- tions, giving and conferring upon them for that purpose full and necessary powers, in virtue of the confidence which they deserve for their notorious illustration and accredited patriotism, under this condition, that all they may treat and agree upon shall be subject to the appro- val and ratification required by the constitution. At the same time, I authorize D. Miguel Arroyo to accompany and assist the aforesaid commissioners in the capacity of secretary and interpreter. | In faith of which, I have ordered these presents to be made out, signed by my hand, authorized by the national seal, and countersigned by the secretary of state, and of the office of domestic and foreign relations, in the federal palace of Mexico, this thirtieth day of the month of August, year of our Lord one thousand eight hundred and forty-seven, and twenty-seventh of independence. [l. s.] ANTONIO LOPEZ DE SANTA ANNA. J, R. Pacheco. [ 52 ] 334 Letter trans- I have the honor to remit to your E. and V. SS. the muting the D ] enary power which the most excellent Sor. President foregoing full r c J f ,. . . powers and ad interim ot the republic has been pleased to conter instructions. U p r ,n you, in order that in your character of commission- ers you may treat with the commissioner of the United States of America upon the propositions of peace he has presented. I likewise have the honor to accompany this with instructions, to which you will subject yourselves in the execution of this interesting commission, with a full understanding that to nothing which exceeds the limits prescribed therein must your EE. agree to or sign, without having first solicited, and received through this ministry, authority so to do. You will be careful to in- form this ministry of everything which may be pretended or exacted by the United States against the tenor of the aforesaid instructions, which you must in no case osten- sibly use in your discussions with the commissioner of that republic. I repeat to your excellencies the assurance of my par- ticular consideration and esteem. God and liberty! Mexico, August 30, 1847. PACHECO. To the Most Ex. Sors. D. Jose Joaquin de Herrera, D. Jose Bernardo Couto, General D. Ignacio Mora y Villamil, and D. Miguel Atristain. rxhe Mexi. Most excellent sir: Having examined the basis and can comrais- the instructions which accompanied your excellency's S ''li' ier *t t note °f tn * s rnorning, authorizing us to proceed with the umier those negotiation which has been opened with the minister of instructions, the United States, we believe it to be our duty at once to make known to the supreme government, with the frank- ness of honorable men, that upon said basis and instruc- tions it is impossible for us to encharge ourselves with the negotiation, because we find ourselves without the necessary capacity to execute or fulfil them properly. We pray, then, that the supreme government will be pleased to consider the plenary powers with which we have been invested as not accepted on our part. God and liberty! Mexico, August 31, 1847. JOSE J. HERREH.A.. BERNARDO COUTO. IGNACIO MORA Y VILLAMIL. MIGUEL ATRISTAIN. JOSE MIGUEL ARROYO, Secretary. To the Most Ex. Minister or Relations. 335 [ 52 ] I laid before the most excellent Sor. President your Therestric- official note ot' this morning, renouncing: the commission * 10U8 . l, P on the .,,. ,. i & •, Mexican com- which he had conferred upon you to treat with the com- miss'ers with- missioner of the United States upon the basis and instruc- drawn »ftdr tions which accompanied my communication of yester- h«n° n "with day. His excellency, after the conference had with you them in coun- yourselves, and with his cabinet council, rpsolred to cil of ^'s- anipiify the instructions in this sense, viz: that you ap- proximate to them as much as may be possible; agreeing to some modifications which the circumstances of the •country may exact, as well as things of minor importance which may arise during the discussion In a word, the supreme government has chosen your excellencies, who have many times bee« chosen by the nation, in conse- quence of its knowledge of your illustration and patri- otism, and in your hands it places the honor and interests of our country. God and liberty! Mexico, August 31, 1847. PACHECO. To the Most Ex. Sors. D. Jose Joaquin de Herrera, D. Bernardo Couto, D. Ignacio Mora y Villamil, and D. Miguel Atristain. The Mexican Commissioners to Mr. Trist. [Translation.] House of Alfara, on the Chapultepec Causeway, jjotefromthe September 6, 1847. Mexieancom- missionors to m , i • j j -l ,i „ Mr. Trist. ac - Ihe undersigned, commissioned by the government of companying the Mexican republic to concert with your excellency an counter pro- arrangement for peace, on placing in your hands the jet " counter-projet which they have framed conformably to the last instructions of their government, think proper to accompany it with the observations contained in this note, which will tend to place in a clearer light the pa- cific disposition of Mexico in the contest which unfor- tunately separates both countries. The 4tii article of the projet which your excellency was pleased to deliver to us on the 27th of August last, and which has been the subject of our latter conferences, relates to the cession, on the part of Mexico, 1st, ef the State of Texas; 2d, of the territory on this side ot the limits of that State, ex- tending to the left bank of the Bravo and to the southern frontier of New Mexico; 3d, of all New Mexico; 4th, of the two Californias. The existing war has been undertaken solely on ac- count of the territory of the State of Texas, respecting [ 52 ] 336 which the North American republic presents as its title the act of the said State by which it was annexed to the North American confederation, after having proclaimed its independence of Mexico. The Mexican republic offer- ing (as we have informed your excellency) to consent, for a proper indemnification, to the pretensions of the government of Washington to the territory of Texas, the cause of the war has disappeared, and the war itself ought to cease, since there is no warrant for its continuance. To the other territories mentioned in the 4th article of your excellency's draught, no right has heretofore been asserted by the republic of North America, nor do we believe it possible for it to assert any. Consequently, it could not require them to accept by the right of conquest, or by the title which will result from the cession or sale which Mexico might now make. But, as we are per- suaded that the republic of Washington w r ill not only ab- solutely repel, but will hold in abhorrence the first of these titles, and as, on the other hand, it would be anew thing, and contrary to every idea of justice, to make war upon a people for no other reason than because it refused to sell territory which its neighbor sought to buy, w r e ex- pect from the justice of the government and people of North America that the ample modification w T hich we have to propose to the cession of territory, (beyond that of the State of Texas,) contemplated by the said article 4, will not be a motive to persist in a war which the worthy general of the North American troops has justly styled as unnatural. In our conferences, we have informed your excellency that Mexico cannot cede the belt which lies between the left bank of the Bravo and the right of the Nueces. The reason entertained for this, is not alone the full certainty that such territory never belonged to the State of Texas, nor is it founded on the great value, in the abstract, which is placed upon it. It is because that belt, together with the Bravo, forms the natural barrier for Mexico, both in a military and a conmerc'u.l sense; and the barrier of no State ought to be sought, and no State can consent to abandon its barrier. But, in order to remove all cause for trouble hereafter, the government of Mexico engages not to found new settlements or establish colonies in the space between the two rivers; so that, remaining in its present uninhabited condition, it may serve as a safeguard equally to both republics. Pursuant to our in- structions, the preservation of this territory is a condition sine qua non of peace. Sentiments of honor and delicacy, (which \our excellency's noble character will know how worthily to estimate,) even more than a calculation of interest, prevent our government from consenting to the dismemberment of New Mexico. Upon this point we 337 [52] deem it superfluous to add anything to that which we had the honor* to explain to you orally in our confer- ences. The cession of Lower California, which would be of little advantage to the republic of North America, offers great embarrassments to Mexico, considering the position of that peninsula opposite to our coast of Sonora, from which it is separated by the narrow gulf of Cortes. Your excellency has appreciated our remarks on this point, and we have been gratified to see that you have yielded to them. The preservation of Lower California would be enough to make it indispensable to keep a part of Upper California; for, otherwise, that peninsula would be with- out any communication by land with the rest of the re- public, which is always a great embarrassment, especially for a power like Mexico, which is not maritime. The grant which is offered by our government (for the proper equivalent) of that part of Upper California which ex- tends from the 37th degree upwards, not only allows to the United States the acquisition of an excellent coast, of fertile lands, and also of untouched mines, but also presents to it the advantage of extending to that limit its Oregon possessions. The wisdom of the government of Washington, and the praiseworthy industry of the American people, will know how to draw rich fruits from the important acquisition which we now offer. In the 8th article of your excellency's draught, the grant of a free passage across the isthmus of Tehuantepec to the South Sea is sought in favor of the North Ameri- can citizens. We have orally explained to your excel- lency that, some years since, the government of the re- public granted to a private contractor a privilege, with reference to this object, which was soon transferred, with the sanction of the same government, to English sub- jects, of whose rights Mexico cannot dispose. There- fore, your excellency will not wonder that upon this point we do not accede to the desires of your govern-/ ment. We have entered into this plain statement of the mo- tives which the republic has for not agreeing to alienate all the territory asked of it beyond the State of Texas, because we desire that the North American government and people may be persuaded that our partial refusal does not proceed from feelings of aversion created by the antecedents in this war, or by the sufferings which it has inflicted upon Mexico, but rests upon considera- tions dictated by reason and justice, which would operate at any time with reference to the most friendly nation, although our relations of friendship with her might be of the closest character. The other changes which your -excellency will find in our counter draught are of minor 22 [ 52 ] 338 moment, and we believe that there will be no serious objection to them. The subject contained in the 12th article has before now been mentioned in your excel- lency's country. We flatter ourselves, from the integrity of your government, that it will not refuse to contract an engagement so conformable to honor and that good harmony in which two neighboring people ought to live. The peace between both countries will be established with greater solidity if a friendly power, (England,) which has so nobly offered its good offices to Mexico and the United States in the present contest, will now offer to grant its guarantee for the faithful fulfilment of the treaty which may be concluded. The Mexican gov- ernment understands that it would be very proper to solicit this guarantee. Our government directs us to recommend to your ex- cellency that you will be pleased to communicate your decision upon the cornier draught, which we have the honor to present to you, within three days. The good and salutary work, can, in our opinion, reach a happy end, if each of the contending parties resolves to abandon some of its original pretensions. This has always been the cast ; and no nation ever hesitated, at such a juncture, to make great sacrifices to extinguish the destructive flame of war. Mexico and the United States have special reasons thus to act. We must con- fess, not without a blush, that we are exhibiting to man- kind the scandal of two christian nations, of two repub- lics, in the presence of all the monarchies, mutually doing to one anrther all the harm we can by disputes about boundaries, when we have an excess of land to people and to cultivate, in the beautiful hemisphere where Providence caused us to be born, We venture to commend these considerations to your excellency, before you come to a definite decision upon our propositions. We consequently do ourselves the honor to offer yotfr our devotion and respect. JOSE J. DE HERRERA, BERNARDO COUTO, 1GNACIO MORA Y VILLAMIL, MIGUEL ATRISTAIN. To His Excellency Don Nicholas Tribt, Deputed with full powers by the government of the United States to the government of the Mexican republic 339 [ 52 [Translation.] COUNTER PROJECT. 1st. There shall be firm and universal peace between Mexican the United States of America and the Mexican republic, : C e ° t " n ' and their respective territories, cities, towns, and vii- J lages, not excepting persons or places. 2d. All the prisoners of war made on either siBe, whether by sea or land, shall be released immediately after the signing of the present trea'y. It is also agreed that, if any Mexicans are now captives in the power of any Indian tribe within the limits ceded by the 4th ar- ticle to the United States, the government of said United States shall exact their release, and that they be restored to liberty and to their homes in Mexico. 3'). Immediately aftei the exchange of the ratifica- tions of this treaty, all the forts, places, and possessions, which may have been taken or occupied during this present war, within the lirnils fixed by the 4th article for this republic, shall be restored to the Mexican repub- lic. In like manner shall be restored the artillery, arms, and ammunition that were in the castles and strong- holds whnn they fell into the power of the troops of the United States. With respect to the artillery taken out- side of said castles and fortified places, that which is still in the power of the United States troops shall be returned to Mexico at the date of the signing of the present treaty. 4th. The dividing line between the two republics shall commence in the gulf of Mexico, three leagues irom land, opposite the southern mouth of the bay of Corpus Christi; shall run in a straight line from within the said bay to the mouth of the river Nueces; thence through the middle of that river, in all its course, to its source; from the source of the river Nueces shall be traced a stiai^hr line until it meets the present frontier of New Mexico, on the east-southeast side; it shall then follow the present boundary of New Mexico on the east, north, and west, until this last touches the 37th degree; which will serve as limit for both republics, from the point in which it touches the said frontier of the west of New Mexico to the Pacific ocean. The government of Mexico promises not to found any new settlements or establish colonies in the tract of land which remains between the river Nueces and the Bravo del Norte. 5th. As a just compensation for the extension of their old limits, which the United States acquire by the previ- ous article, the government of said United States is bound to pay over to the republic of Mexico the sum of , which shall be placed, in the city of Mexico, at the disposal of the said government of the Mexican re- [ 52 ] 340 public, in the act of exchanging the ratification of this treaty. 6th. The government of the United States is further bound to take upon itself, and satisfy fully, the claimants to all the instalments [cantidades] which are due up to this time, and may become due in future, by reason of the claims now liquidated, and decided against the Mex- ican republic, agreeably to the conventions arranged be- tween the two republics on the 11th of April, 1839, and 30th of January, 1843, in such manner that the Mexican republic shall have absolutely no further payment to make on account of the said claims. 7th. The government of the United States is also bound to take upon itself, and pay fully, all the claims of its own citizens, not yet decided, against the Mexican re- public, whatever may be the title or motive from which they may proceed, or on which they are founded; so that, from the date of the exchange of the ratifications of the present treaty, the accounts of every kind that exist, or may be supposed to exist, between the government of Mexico and the citizens of the United States, shall re- main settled definitively and forever. 8th. In order that the government of the United States may be able to satisfy, in observance of the previous ar- ticle, the claims not yet decided of its citizens against the Mexican republic, there shall be established by the government of the said United States a tribunal of com- missioners, whose decision shall be conclusive and de- finitive; provided, that on deciding upon the validity of any demand, it may be adjusted by the principles and rules which were established in the articles 1st and 5th of the convention (not ratified) which was concluded in Mexico on the 20th November, 1843; and in no case shall a decision be given in favor of any claim which is not adjusted pursuant to the aforesaid rules. If the tri- bunal of commissioners deem it necessary, for the just decision of any demand, to examine books, registers, or documents which are in the power of the Mexican gov- ernment, the government of the United States shall make application for them, and either the originals or faithful copies shall be sent to it for the purpose of being, as they may, communicated to the said tribunal; it being under- stood that there shall not be made by the government of the United States any application for the said books, re- gisters, or documents, until it shall be specified, in each case, under oath, or with judicial sanction on the part of the claimant in the case, the facts sought to be proved with such books, registers, or documents. 9th. All the temples, houses, and edifices, dedicated to the rites or exercises of the Catholic worship, in territo- ries belonging hitherto to the Mexican republic, and which, by the 4th article of this treaty, wili be within 341 [ 52] the limits of the United States, shall remain dedicated to the same rights and exercises of the Catholic religion, without any change, and under the special protection of the laws. The same shall be the case with all goods, moveable and immoveable, which within the said territo- ries are dedicated to the support of the Catholic worship, or the support of schools, hospitals, and other establish- ments of charity or benevolence. Finally, the relations and communications of the Catholics living in the same territories with their respective ecclesiastical authorities, shall be frank, free, and without any embarrassment, even though the said authorities have their residence within the limits which remain subject to the Mexican republic in this treaty; nor shall there be any new demarkation of ecclesiastical districts, except conformably to the laws of the Catholic church. 10th. The Mexicans residing in territory heretofore be- longing to Mexico, and now in the limits of the United States, may at any time return to the Mexican republic, preserving in the said territory the property they pos- sess; may transfer and convey its value wherever it suits them, .without, on this account, being liable to the exac- tion by the United States of any kind of contribution, tax, or impost. If the persons here treated of prefer to remain in the territories they now inhabit, they may pre- serve the title and rights of Mexican citizens, or at once acquire the title and rights of citizens of the United States, if they wish it; but in all cases they and their property shall enjoy the most ample security. 11th. All the grants of lands made by Mexican autho- rities, in territories belonging heretofore to the republic, and by this treaty to be for the future within the limits of the United States, shall be valid and permanent, and shall be sustained and guarded forever by the govern- ment of the said United States. 12th. The republic of the United States promises sol- emnly not to pe'rmit hereafter the annexation of any dis- trict or territory comprehended in the limits which, by the present treaty, are assigned to the Mexican republic. This solemn agreement has the character of a condition from the territorial cessions which Mexico now makes to the republic of North America. 13th. All goods now in the Mexican ports occupied by the North American troops, shall pay the duties estab- lished by the tariff of the Mexican republic, provided they have not before paid duties to that republic; but they shall not incur the penalty of confiscation. 14th. The government of the United States shall satis- fy, according to just terms, the claims of Mexican citi- zens for the injury sustained in their interests by the North American troops. The present treaty shall be ratified, &c, &c. [52] 342 Newinstmc- Most Excellent Siks: The supreme government has tions to tfl0 taken ; r ,to consideration the verbal information which oxica.ii com- . . . Mweioners, you Lave given to it in relation to the conferences held founded on the w jth the commissioner of the United States, and has ex- them^y Mr° aniined the draught Gf the article upon limits, which he TrUt on tbe presented to you, offering that if it was accepted by 2ief Septem- Mexico, he would consult his government thereupon, because he cannot, alone, in conformity with his « ctual instructions, relinquish the territory situated between the Bravo and Nueces. Having examined, anew, the question under every as- pect in which it can be viewed, it has been resolved in cabinet council that I should say to your excellencies, as I now do, that, unless that proposition is modified upon the recognized right of Mexico to deliberate, and if the pretensions of the United States are not charac- terised as subjects for negotiation, then its commissioner leaves no other resource to the government of Mexico, than those suggested by honor; and those are, to close the door to every possibility of making a peace. To restore this great good to the nation, the govern- ment yielded to cede Texas, and a part of Upper. Cali- fornia, on the frontier of Oregon, upon the terms men- tioned to you in your instructions, but not with the re- servation that, even if approved by Congress, would the government cede any more, much less of New Mexico, whose inhabitants have manifested their will to make a part of the Mexican family, with more enthusiasm than any other part of the republic. Those well- deserving Mexicans have been, by some administrations, aban- doned to their fate; very frequently without protection; not even shielded from the incursions of the savages. Yet, notwithstanding all this, they have been the truest Mexicans, and most faithful patriots; forgetting t eir private grievances, they at this time remember only that they are, and wish to, belong to the Mexican family, ex- posing themselves to be sacrificed to the vengeance of their invaders, against whom they have raised. When their plans were discovered and disconcerted, their con- spirators frustrated, they have not ceased to conspire. Could the government go to sell Mexicans like these as they would a herd of sheep] No! Before the nation- ality of the rest of the republic shall be lost to them, we wilt all perish together. This is not to decide upon questions of enlarged pol- icy with pride or affected nobleness; the statesman who is called to act upon great questions of policy, should possess no other qualification than that of cold calcula- tion. The government knows very well the vicissitudes of nations; and that, in all the earth, there is not one to be found in the primitive condition in which it 343 £ 52 j was, nor as depicted in the first years of its history. But in the eyes of the cabinets of Europe, pretensions to increase territory are esteemed unjust, when made at the expense of wounding respectable and resisting na- tionality. It is true, that our fellow citizens might be able to remain in their country, and preserve their prop- erty and nationality; but then it would be said of them what might be said of all Mexicans — that is, that they remain strangers in their own country; and if it awakens horror to make such a proposition to all Mexicans, the same effect will be produced by accepting it for a part of them. They might, it is true, return to the dominions that remain to their country, having first sold their pro- perty at an advance upon its present value; and if they wish, it might be augmented from the national domain, and repair the damage attendant on breaking up and moving, out of the price of indemnity given by the Uni- ted States; but it is not the government of Mexico that will place a price upon the adhesion of its citizens to the soil upon which they were born. These considerations have increased force when ap- plied to the possession of the river Bravo; because it is not alone the existence of our system of revenue that is menaced thereby; but, likewise, the nationality of the residue of the republic, for whose destruction ten years would suffice, when we take into view the spirit of en- terprise and inundation which pervades our neighbors, and contrast it with the state of infancy in which we find ourselves. If.the commissioner of the United States cannot, under his instructions, prescind from this pretension, neither can the government of Mexico consent to prolong the armistice for forty-five days for him to consult with the government at Washington. Although an indemnification is offered for the terri- tory to which they advance pretensions, although they may, and do, allege (with or without reason) the rights of war, and let these rights be valued at all they are worth in this country, it is Texas alone. The govern- ment cannot comprehend how the United States can exact these humiliating sacrifices, as conditions to make a peace, after so many protestations that it would be equitable and honorable. If their right is that of force, and they believe themselves sufficiently strong to take and keep possession of the territory which they say they wish to purchase, how can they, in good faith, call it equitable and honorable to have thrust themselves into a territory that does not belong to them, desolating its cities and killing our citizens, who have in nothing of- fended them, and come to the capital to force us to make a sale] In view of these considerations, the govern- [ 52 ] 344 ment will not stop to calculate the elements of the nation to continue the war; its duty is to prosecute it with the means it can command. In New Mexico, and the few leagues which divide the right bank of the Nueces from the left bank of the Bravo, is contained either peace or war. If the commissioner of the United States leaves nothing else to the govern- ment of Mexico than to choose between this cession and death, in vain was he sent by his government; he might long since have ascertained what would be the answer. If the United States have made their election, and pre- fer violence and our humiliation, they will be held re- sponsible before God and the world. I say this to your excellencies by order of the most excellent Sor. president, offering you my distinguished consideration. God and liberty! Mexico, September 5, 1847. J. R. PACHECO. To the Sors. D. Jose Joaquin de Herrera, D. Ber- nardo Couto, D. Ign^cio Mora y Villamil, and D. Miguel Atristain. Most Excellent Sir: Although we daily informed the supreme government of what occurred in our con- ferences with Mr. Nicholas Trist, commissioner with plenary powers from the United States, we think it proper to report in writing the substance of what was orally communicated. On the afternoon of the 27th August last, we met for the first time in the town of Atzcapuzalco. On the ex- change of powers, we found those of Mr. Trist most ample to settle all existing differences between Mexico and the United States, to fix the limits of both countries, and adjust definitively a peace. Ours were restricted to receive the propositions of his government, if they were reduced to writing; and if made verbally, to reduce them to writing, with his approval. As Mr. Trist made some observations upon the limitation of our powers, we sat- isfied him by observing that when the time came to treat, we would present a complete authority. He immedi- ately delivered to us the project of a treaty, which we that same night placed in the hands of the president. In conclusion, Mr. Trist proposed to us to select for the place of our future meeting a country house, of which he spoke, situated in the vicinity of Chapultepec, less distant from Tacubaya, where he resided, and from Mex- ico, where we were. We promised to take notice of 345 [ 52 ] the place designated, and adjourned to meet again the following day. The next conference was confined to the subject of the country house he had selected (vulgarly called the inquisitor Alfaro.) We informed him that we approved of it, and we fixed upon Wednesday, the 1st instant, for our third meeting, the two intermediate days being re- quired by the government to maturely examine the pro- jet, to resolve what action was required upon it, and to make out" the instructions by which we were to be guided. On Wednesday we exhibited to him the full powers conferred upon us by the supreme government, and we entered into a long and calm discussion with Mr. Trist upon the capital points of the projet, which was con- tinued all through the next day (Thursday.) We have given to the. supreme government the details. The point on which the negotiations then rested was this: Mr. Trist showed himself disposed to abandon his first preten- sions upon Lower California and upon a part of the Upper, in order that Lower California might be able to commu- nicate by land with Sonora. He then offered, if no other point of difference remained to conclude a peace than that relative to the territory between the Bravo and Nueces, he would consult his government — not without hope of a good exit. This step would cost a delay of more than forty days in the negotiation. But the ces- sion of New Mexico on our part was a condition from which he could not depart, not even to submit it to a new consultation in Washington, for he was fully cer- tain that his government considers it as a condition sine qua non of peace. The other points touched upon in the projet appeared to us reconcilable, if both parties should adopt terms of accommodation: such, at least, was the judgment we formed during the conferences. The government being informed of all that took place, your excellency communicated to us its final resolution in your note of yesterday, in conformity with which, and approbation of the cabinet council, we immediately extended and delivered to Mr. Trist the same day the counter projet and note, copies of which are annexed, and numbered 1 and 2. Without any new discussion, he offered to reply to-day, which, in effect, he has done by an official note, of which No. 3 is a copy. That termi- nates the commission with which the supreme govern- ment was pleased to honor us, in a way contrary to what we sincerely desired, as well as endeavored to procure through the whole negotiation. It now only remains for us to say, that in all our re- lations with Mr. Trist we found ample motives to appre- ciate his noble character; and if at any time the work [52] 346 of peace is consummated, it will be done by negotiators adorned with the same estimable gifts which, in our judgment, distinguish this minister. God and liberty! Mexico, September 7, 1847. JOSE J. DE HERRERA. BERNARDO COUTO. IGNACIO MORA Y VILLAMII. MIGUEL ATKISTAIN. To the Most Excellent Sor. Minister of Relations. Correspondence between the general -in- chief of the army of the United States and the supreme government of the republic of Mexico. Head-quarters, Army of the U. S. of America, September 6, 1847. Gen^Scottto Sir: The article 7th, as well as the 12th, which stipu- of Mexico, an- ^ a ^ e that the traffic or commerce shall on no account be nouncing ter- interrupted, of the armistice or military convention mination of wn j cn I had the honor to ratify and exchange with your armistice. ,, ..ir^i^A^i^i i excellency on the 24th ot August last, have been repeat- edly violated soon after the armistice was signed on the part of Mexico; and I now have very good reason to believe that within the last forty-eight hours, if not before, the 3d article of the convention was in like manner violated by the same par'y. These direct attacks on good faith gives to this army full right to open hostilities against Mexico without previous announcement; but I concede the time necessary for explanation, ratification, and, if possible, reparation.* 1 On the contrary, I now declare formally that if I do not receive complete satisfaction for all these charges before 12 o'clock to-morrow, I will consider the aforesaid armistice as terminated after that hour. I have the honor to be your excellency's obedient ser- vant, WINFIELD SCOTT. To his excellency the President And General-in-chief of the Republic of Mexico. A copy of the translation. — Mexico, September 7, 1847. JOSE DE ROMERO. Head-quarters Army of the Republic of Mexico, Mexico, September 7, 1846. Reply of the Sir: By the note of your excellency of this date, I President. l earnj w ith surprise, that you consider the articles 7, 12, 347 [ 52 ] and 3, of the armistice, have been violated by the civil and military authorities of Mexico. The civil and military authorities of Mexico have not impeded the entrance of provisions to the American army; and if at any time its remittance was retarded, it has been precisely on account of the imprudence of the American agents; who, without having previously agreed with the aforesaid authorities, have given rise to a popular effer- vescence which cost the Mexican government much trou- ble to repress. Last night, and the night previous, the escorts were ready to conduct provisions; and if the ex- traction was not verified, it was because Mr. Hargous did not wish it. The order given to suspend traffic be- tween the two armies was directed to private persons, and not to the agents of the armj of the United States; it was reduced to that sole object, with a view to give more expedition to the traffic. In exchange for this con- duct, your excellency has prohibited the owners and ad- ministrators of wheat-mills in the vicinity cf Mexico to bring flour into the city, which has opened a wide breach in that good faith w r hich your excellency promised to me. It is false that any new work of fortifications has been undertaken, because some trifling repairs were necessary to re-establish them in the state in which they were the clay of the armistice, or because casualties or momentary convenience had «aused the destruction of pre-existing works. I acquired very early notice of the establish- ment of a masked battery behind the garden wa'l of Ga- ray, in that village, and made no reclamation, because the peace of two great republics should not be made de- pendent on things grave themselves, but of little value in respect to the result in which all the friends of hu- manity are interested, as well as the felicity of the Ame- rican continent. I have, with pain and indignation, received communi- cations from the cities and towns occupied by the army of your excellency, upon the violation of temples con- secrated to the worship of God; upon the robbery of the sacred vessels and profanation of the images venerated by the Mexican people. I have been profoundly afflicted by the complaints of fathers and husbands upon the vio- lation of their wives and daughters. Those same cities and towns have been sacked, not only in violation of the armistice, but even of the sacred principles recognized and observed by civilized nations. I had guarded si- lence until now, for the purpose of not chilling a nego- tiation that gave hopes of terminating a scandalous war, which your excellency has justly characterized as unnat- ural. I will not persist in offering apologies, because the true and undisguisable cause of the rupture of hos- [52] 348 tilities with which you menace me is not hidden from me — it is, that I would not lend myself to subscribe a treaty that would not only considerably diminish the ter- ritory of the republic, but likewise that dignity and de- corum which nations defend at every hazard. If these considerations have not equal weight in the mind of your excellency, then you shall be responsible before the world, who will readily discover the party to whom moderation and justice belong. I flatter my- self that your excellency, in the midst of a calm, will convince yourself of the force or foundation of these reasons; but if, unfortunately, you seek for nothing more than a pretext to deprive the first city on this continent of all means to save the innocent and defenceless part of its population from the horrors of war, there will remain for me no other means of saving it than to repel force by force, with that energy and decision which my high obligations prescribe. I have the honor to be your excellency's most obedi- ent servant, ANTONIO LOPEZ DE SANTA ANNA. Copy of the original. — Mexico, September 7, 1847. JOSE D. ROMERO. To his Excellency General Wintield Scott, General-in- chief of the Army of the United States. [Enclosure No. 5. in despatch No. 16.] CONTESTACIONES HABIDAS ENTRE EL SUPREMO GOBIERNO MEXICANO EL GENERAL-EN-GEFE DEL EJERCITO AMERICANO, Y EL COMISIONADO DE LOS EST ADOS UNIDOS. [52] 350 Cuartel General del ejercito de los E. U. de America, Coyoacan, Agosto 21 de 1847. Sor: Demasiada sangre se ha vertido ya en esta guerra desnatur- lizada entre las dos grandes republicas de este continente. Es tiempo que las diferennias entre eilas stan amigable y honorosamente arregladas, y sabe V, E., que un comisionado por parte de los Es- tados Unidos, investido con plenos poderes para este fin, esta con este ejercito. Para faciiitar que las dos republicas entren en nego- ciaciones, deseo firmar en teVminos razonables un corto armisticio. Quedo con impaciencia esperando hasta manana por la manana una respuesta directa a esta comunicacion; pero en el entretanto tomare' y ocupare' aquellas posesiones afuera de la capital, que con- sidere necesarias al abrigo y eoniodidad de este ejercito. Tengo el honor de qutdar con alta consideration y respeto, de Y. E. muv obediente servidor. WINFIELD SCOTT. A. S. E. el President Y General-en-gefe de la Republica de Mexico. MlNISTERIO DE GUERRA Y MARINA, SeCCION DE OpERACIONES. Sor: El infrascrito ministro de guerra y marina del gobierno de los Estados Unidos Mexicanos, ha recibido 6rden del Exmo. Sr. Presidente, general-en-gefe, de contestar a la comunicacion de V. E., en que la propone la celebracion de un armisticio, con el fin de evitar mas derratnamiento de sangre, entre las dos grandes repub- licas de este continente, oyendo las proposiciones que haga para el efecto, el comisiondo del Exmo. Sr. Presidente de los Estados Unidos de America que se halla en el cuartel general de su ejercito. Lamentable es ciertamente, que por no haber sido eonsiderados debidamente los derechos de la republica Mexicana, haya sido in- evitable el derramamiento de sangre entre las primeras repuohcas del centinente Americano, y con mucha exactitui calitica V. E. de desnaturalizada esto guerra no solo por sus motivos, sino por los antecedentes de dos pueblos tan indentificados en relsciones y en intereses. La proposicion de un armisticio para terminar este es- candalo, ha sido admitida con agrado por S. E. el Presidente, gen- eral-en-cefe, porque facilitara el que puedan ser escuchadas las proposiciones que para el terinino decoroso de esta guerra haga el sefior comisionado del Presidente de los Estados Unidos de Amer- ica. En consecuencia me manda S. E. el Presidente, general-en-gefe, anunciar a V. E., que admite la proposicion de celebrar un armis- ticio y que para el efecto ha nombrado a. los senores generales de brigada D. Ignacio Mora y Villamil, y D. Benito Quijano, quienes cstaran en el lugar y hora que me anuncie. Tambien me previene S. E. el general Presidente, que comu- nique & V. E., su deferencia a que el ejercito de los Estados Uni- dos tome cuarteles comoJos y provistos, esperando que estos se hallaran fuera del tiro de las fortiicaciones Mexicanas. 351 [ 52 ] Tengo el honor de ser con alta consideracion y respeto de V. E. su mas obediente seividor, ALCORTA. Es copia. — Mexico, Agosto 21 de 1847. MANUEL MARIA DE SANDOVAL. A. S. E. el General Wtmfield Scott, En gefe del ejercito de los Estados Unidcs de America. Exmo. Sr. Testigos son todos los Mexicanos, pero muy especial- mente los habitantes de esta capital, de los extraordinarios esfuer- zos que ha hecho el Exruo. Sr. Presidente interino para reunir un ejercito capaz de combatir con el de los Estados Unnios, y recup- erar el brillo de las aimas de la republica: testigos son tambien de que ha combatido con denuedo esponiendo su propria vida, hasta el momento en que volviendo a serle esquiva la victoria, el enemi- go se encuentra a las puertas de la ciudad. En tales circunstancias y cuando los habitantes de la populosa Mexico han hecho todo g^nero de saCrificios para llevar adelante la guerra, es uno de los mas imperiosos deberes del primer magis- trado, impedir los males irreparables de un asalto y evitar todas las consecuencias de una ocupacion violenta. A este fin, y hacien- do uso de sus facultades constitucionales, arreglandose al acuerdo del congreso general comuii'cado en 16 de Julio anterior, ha dis- puesto se oigan las proposiciones que por parte del gobierno de los Estados Unidos viene i liacrr Don Nicholas Trist, y negociar que entretanto haya una suspension de armas Como el negocio es del mas grande interes para la republica, el E. Sr. Presidente desea que el congreso nacional tome en el la parte que le corresponde, y al efecto me manda escitar a V. E. con el fin de que se sirva disponer se cite con el mayor empeiio a los Sres. diputados para que se reunan en sesion a las doce del dia de hoy. Reitero.a V. E. las seguridades de mi distinguida consideracion, Dios y libertad! Mexico, Agosto 21 de 1847. J. R. PACHECO. Escelentisimo Sr. Presidente, Del Seberano Congreso. Secretaria dbl Soberawo Conoreso constituyente Mexicano. Exmo. Sr.: Luego que recibi !a nota de V. E fecha de hoy, dis- puse que se citase & los Sres. diputados; pero no habiendose reuni- do hasta las tres de la tarde mas de. reintiseis individuos, por hal- larse muchos senores diputados fuera de esta capital, a virtud del acuerdo de 10 del presente se dispuso por la junta se hiciese nueva [52] 352 citacion a los que no han concurrido, y que se escitase al gobierno ■para que por medio de los JExmos. Sres. gobernadores de los Es- tados procurase la reunion del Congreso. Tengo la satisfaccion de manifestarlo a V. E. en contestacion a su nota referida, y de reproducirle las protestas di mi aprecio. Dios y libertad! Mexico, Agosto 21 de 1847. A. M. SALONIO. Escelentisimo Sr. Ministro De Relaciones Interiores y Esteriores. \ Los infrascritos nombrados respectivamente, los dos piimeros por el Exrao. Sr. Presidente de la republica Mexicana, general-en-gefe de su ejercito, Don Antonio Lopez de Santa Anna, y los tres se- gundos nombrados por S. E. el Mayor General de los Estados Unidos de America y en gefe de sus ejercitos, Winfield Scott, re- unidos en Tacubaya el dia 22 de Agosto de 1847, despues de ha- "berse mostrado sus plenos poderes para celebrar un armisticio en- tre ambos ejercitos, con el objeto de dar lugar al gobierno Mexi- cano para tomar ev consideracion las proposiciones que tiene que hacerle el comisionadp por parte del Exmo. Sr. Presidente de los Estados Unidos de America, han convenido en los articulos sig- uientes: 1°. Cesaran al instante y en lo absoluto, las hostilidades entre los ejercitos de los Estados Unidos Mexicanos, y los de los Esta- dos Unidos .lei Norte America, en la comprension de treinta leguas de la capital de los primeros, para dar tiempo a que traten los co- misionados nombrados por la' republica de los Estados Unidos, y los que se nombrem por parte de la de Mexico. 2°. Coniinuara este armisticio todo el tiempo que los comision- ados de ambos gobiernos esten ocupados en las negociaciones, 6 hasta que el gefe de alguno de los dos ejercitos avise formalmente al otro de la cesacion de aquel, y con cuarenta y ocho horas de an- ticipacion, al rompimiento. 3°. En el entre tanto del armisticio, ninguno de los dos ejercitos comenzara en el distrito expresado de 30 leguas de la ciudad de Mexico, ninguna fortificacion ni obra militar de ofenza 6 defenza, ni hara nada para agrandar 6 reforzar las obras 6 fortificaciones ex- istentes dentro de los expresados limites. 4°. Ninguno de los ejercitos sera reforzado. Cualquier refuerzo de tropas 6 municiones de guerra, exceptuandose los viveres que esten ahora en camino para alguno de los dos ejercitos, sera deteni- do a la disiancia de 28 leguas de la ciudad de Mexico. 5°. Ninguno de los dos ejercitos 6 destacamentos de ellos, podrun avanzar de la linea que actualmente ocupan. 6°. Ninguno de los dos ejercitos 6 destacamento, 6 individuo que tenga caracter militar, pasarar los limites neutrales establecidos por el articulo anterior, exceptuandose a los que lleven la corres- pondence entre ambos ejercitos, 6 que vaya a negocios autorizados por el articulo siguiente, yendo bajo una bandera de parlamento: 353 [ 52 ] los individuos de ambos ejercitos, que por casualidad se extravien dentro de los limites neutrales, se les avisara bondadosamente por la parte contraria, 6 se les devolyera a" su ejercito con bandera de parlamento. 7°. El ejercito Americano no impedird con violencia el paso del carapo a la ciudad de Mexico para los abastos ordinarios de ali- raeetos necesarios para el consumo de sus.habitantes 6 del ejercito Mexicano que se halla dentro de la ciudad, ni las autoridades Mex- icanas civiles 6 rnilitares haran nada que abstruya el paso de viveres de la ciudad 6 del campo que necesite el ejercito Americano. 8°. Todos los prisoneros de guerra Americanos que se encuentren en poder del ejercito Mexicano, y que no se hayan cangeado hasta la fecha, se cangearan lo mas pronto posible, uno por uno, consid- erando las clases de los prisoneros de guerra Mexicanos hechos por el ejercito Americano. 9°. A todos los ciudadanos Americanos que estaban establecidos en la ciudad de Mexico antes de la guerra actual, y que despues han sido desterrados de dicha ciudad, se les permitira" que vuelvan a sus respectivos negocios 6 familias en dicha ciudad, sin dilacion y sin causarles molestia. 10°. Para facilitar mejor a los ejercitos beligerantes la ejecucion de estos articulos, y para favorecer el grande objeto de la paz, se conviene ademas, que cualquiera correo que alguno de los ejercitos quiera enviar por la linea de la ciudad de Mexico d de sus cerca- nias a Vera Cruz, 6 de esta a equella recibira un pasaporte firmado por el gefe de su ejercito y con el salvoconducto del gefe contra- rio, cuyo pasaperte protegera £ dicho corroe y sus pliegos, de cual- quiera interrupcion 6 perdida por parte de las tropas Americanas 6 Mexicanos por dicha linea. 11°. En los pueblos ocupados por las fuerzas Americanas, no se embarazara de modo alguno, respecto de las Mexicanas, el ejercicio de la justicia, en los terminos seilalados por las leyes, por la con- stitucion general 6 particular de los Estados a que pertenezcan. 12°. En las poblaciones 6 lugares ocupados por el ejercito 6 fu erzas de los Estados Unidos dentro del limite senalado, serdn respe- tadas las propiedades, y toios los individuos Mexicanos no seran embargados de manera alguna en el ejercicio de su profesion, no se les obligara a" ejecutar servicio de ninguna clase si no lo quieren prestar voluntariamente, y para ello, pagandolo por su justo precio: el tr&fico no se alterara de ningun modo. 13°. Los prisioneros que estuvieren heridos no se les embarazara de manera alguna el que cuando quieran puedan trasladarse para su curacion al lugar que les sea mas cdmodo, permaneciendo en su cualidad de prisioneros. 14°. Los oficiales de salud pertenecientes al ejercito MexicanOj podran asistirlos si asi les conviniere. 15°. Para el exacto cumplimiento de este convenio, se nombraran dos coraisionados, uno por cada parte, y en caso de discordia, ele- giran ellos mismos un tercero. 16°. Este conrenio no tendra fuerza hasta que no sea aprobado lespectivamente por los Exmos. Sres. generates en gefe de cada 23 [52] 354 uno de los dos ejercitos, un el termino de 24 horas, contadas desde las seis de la manana, dei 23. IGNACIO DE MORA Y VILLAMIL. BENITO QUIJANO. J. A. QUITMAN, Mayor General del ejercito de los Estados Unidos. PERSIFOR F. SMITH, Brigadier General. FRANKLIN PIERCE, Brig;. Gen. de los Estados Unidos. Cuartel Gen. del ejercito de los Estados Unidos de America, Tacubaya, Agosto 23 de 1847. Tornado en consideracion, aprobado y ratificado con la epresa inteligencia de que la palabra "supplies" como usada la segunda vez y sin calificacion en el art. "7° de este convenio militar, texto 6 c<5pia Americana, debe tomarse en el sentido, 6 que significa, como en ambos ejercitos, Ingles y Americano armas, municiones, ropa, equipos," viveres para hombres, forage, dinero y en general todo lo que pueda necesitar un ejercito. Esta palabra "supplies" en la copia Mexicana esta traducida con error " viveres" en lugar de recursos. WINFIELD SCOTT, General- en- gefe del ejercito de los Estados Unidos. Palacio Nacional de Mexico, Agosto 24 de 1847. Ratificado suprimiendose el art. 9° y con esplicacion del 4° en el sentido le que la paz temporal de este armisticio se observara en la capital y veintiocho leguas rededor: convenido en que la pala- bra supplies se traduzca recursos, y que en ella se comprenda lo que pueda haber menester el ejercito, excepto armas y municiones. ANTONIO LOPEZ DE SANTA ANNA. Cuartel General del ejercito de los Estados Unidos, Agosto 24 de 1847. Acepto y ratifico la condicion que precede aiiadida por el Gen- eral Presidente de la republica Mexicana. WINFIELD SCOTT. Es copia exacta del original. G. W. LAY, Del ejercito de los Estados Unidos, secretario militar del general -en- gefe. 355 , [ 52 ] Puntos que deberdn trataxse en las cotiferencias con el comisianado de los Estados Unidos y que deberdn servir de bases a los de Mex- co, propuestas al Exmo. Sr. presidente por el ministro de rela- clones, y aprobadas por S. E. en junta de ministros* Previo. Lugar de las conferencias, que debera ser intermedio do los que ocupan arabos ejercitos. Previo igualmente: reconocimiento que debe hacer, antes de en- trar a tratar, el comisionado Americano del derecho de deliberacion por parte de Mexico, esto es: si el intento de los Estados Unidos ha sido agrandar su territorio, por que no se ha quedado con el que han ocupado de hecho 1 ? Si lo que ha venido a buscar a la capital es la sancion de derecho por el consentimiento, se debe desistir de lo que no se quiera conceder; de otra manera, que consuraen sus obras de hecho y la guerra continuara. 1°. Se reconocera la independencia de Tejas, ajustada una in- deninizacion. 2°. Se entiende por Tejas, el territorio conocido por este nora- bre despues de los tratados de 1819, y cuando forruaba parte del estado de Coahuila y Tejas: y de ningun modo el territoria com- prendido entre el rio de las Nueces y el Bravo, que el Congreso de pretendidos Tejanos declare" pertenecerle. 3°. Sera una base para tratar sobre cualquiera otra parte del ter- ritorio, la evacuacion de todo el de la republica Mexicana que tienen ocupado, y levantar el bloqueo dejando libres todos nue3- tros puertos. 4°. Podra tratarse sobre uno de la Alta California. 5°. De ningun modo por limite el grado 26 de latitud, que haria perder a la republica todo Coahuila, todo Nuevo Mexico, casi todo Chihuahua, casi todo Durango, todo Sonora, parte de Sinaloa y casi del todo la Alta California; de manera que la concesion de un puerto, si este fuere. San Francisco, podra concederse en calidad de factoria, nunca corao limite. 6°. Indemnizacion convenida por el puerto y camino de comuni- cacion al Oregon. 7°. Idem por los danos y perjuicios y gastos estraordinarios de esta guerra hecha en territorio de la republica, como que este es el. que se viene a negociar y trahida hasta la capital. 8°. Idem por lo que han padecido las familias y las fincas de Matamoros, Monterey, Vera Cruz, villas y demas ciudades, lugares y haciendas de la republica por consecuencia de la guerra. 9°. Idem por las depredaciones que han hecho sus tropas. 10°. Idem por las que han hecho sus guerrillas de foragidos, con cuya libertad y autorizacion han violado el derecho de gentes. 11°. Se dara por salada, asi la cuenta por liquidar, como la por pagar de las reclamaciones que tenian hechas. 12°. Los Estados Unidos reconoceran la legitimidad de los titu- los de los duenos de terrenos en Tejas, por concesiones hechas con * Este acuerdo qued6 reservado para entregarse a los comisionados de Mexico, cuar- estpviesen nombrados y se les diese poder para tratar. [ 52 ] 356 anterioridad a su declaracion de independencia, asi por el gobierno general, como por el del*Estado, y se les dejara el libre uso y aprovechamiento de ellos. 13°. Los Estados Unidos se comprometeran a no consentir la es- clavitud en la parte del territorio que adquieran por el tratado. 14°. Este sera estendido sobre la base de reciprocidad; pero de lo que realmente pueda haberla, atendido el respectivo estado de los dos pueblos. 15 Q . No podra convenirse menos de un ano para la celebracion del definitive , 16°. La garantia de su cbservancia se buscara de comun acuerdo en una potencia Europea, 6 en el Congreso contineetai. 17°. La base de 6ste sera el sistema republicano en todo el con- tinente, escepto la Guyana, Francesa, y el Brasil. 18°. El tratado que se celebre no podra perjudicar en ninguna manera al principio de la nacion mas favorecida que la republica ha concededo a las denias naciones con quienes ha hecho tratados. 19°. Como de las circunstancias, se exigira la devolucion de los Irlandeses prisioneros y la no entrada en la capital de ninguno del ejercito Americano. 20°. Devolucion de los buques y trofeos. 21°. Y como base general: tratar la paz como si se hubiera triun- fado, y como quien puede todavia llevar adelante la guerra con ventaja. Mexico, 24 do Jigosto de 1847 LOPEZ DE SANTA ANNA. J. R. PACHECO. V. ROMERO. ALCORTA. RONDERO. Es copia. — O. Monasterio. Tacubaya, Jigosto 25 de 1847. El infrascrito, comisionado nombrado por los Estados Unidos de America, cerca de los Estados Unidos Mexicanos, investido con plenospoderes para tratar y conferenciar con cualquier persona 6 per- sonas, igualmente autorizadas por el gobierno Mexicano, y para negociar y concluiar con ella 6 con ellas, un tratado duradero de paz, amistad y limites entre las dos republicas, se toma la libertad de llamar la atencion de S. E. el Ministro de Relaciones de Mexico a la convencion militar, concluida el 23 y ratificada el 24 del actual, que establece un armisticio, y tiene el honor de esponer que esta pronto a tratar con el comisionado 6 comisionados por parte de Mexico, suplicando se designe proxi»amente dia para la reunion, en un punto que sea conveniente a ambas partes. El infrascrito ofrece a S. E. el Ministro de Relaciones las seguridades de su mas distineuida consideracion. „ N. P. TRIST. % 357 [ 52 ] Palacio, &c.j Agosto 26 de 1847. El infrascrito, Ministro de Relaciones Interiores y Esteriores, ha tenido el honor de recibir y poner en conocimiento deS. E. el pre- sidente interino de la repiiblica la nota en que a consecuencia del armisticio celebrado con el general-en-gefe de las tropas de los Estados Unidos, el Sr. D. Nicolos Trist, comisionado del gobierno de aquella nacien, con fecha de ayer, manifiesta que esta pronto a tratar con el comisionado 6 comisionados de esta republica, acerca de las proposiciones de paz que esta autorizado a hacer, pidiendo se sefiale prdximamente dia para la reunion en el punto que se estime conveniente para ambas partes. El infrascrito ha recibido 6rden de S. E. el presidente para mani- festar al Sr. Trist, en contestacion que ya se ocupa de nombrar a. la mayor brevedad, los comisionados para oir las proposiciones que tenga a bien hacer el.mismo Sr. Trist, los cuales concurriran a las cuatro de la tarde del dia de manana, en el pueblo de Atzcapuzalco, como punto intermedio entre los que ocupan las fuerzas de ambas nacion«es, siempre que en esta designacion no encuentre inconve- niente el Sr. Trist, a quien el infrascrito ofrece las seguridades de su distinguida consideracion. J. R. PACHECO. Al S. D. Nicholas Tjlist, fyc; fyc, Sfc. Tacubaya, Agosto 26 de 1847. El infrascrito, comisionado de los Estados Unidos de America, tiene la honra de acusar recibo de la nota del Exmo. Sr. Pacheco, Ministro de Relaciones de Mexico, fecha hoy, en que le manifiesta que los comisionados por parte de Mexico, pasaran manana a las cuatro de la tarde a tratar con 61 en el pueblo de Atzcapuzalco, si el que suscribe no tuviere inconveniente en que alii se verifique la reunion, por ser punto intermedio entre los que ocupan las fuerzas respectivas de las dos naciones. El infrascrito tiene en respuesta el honor de esponer, que acepta con placer esta invitacion, en la confiada esperanza de que esta primera entrevista sera prontamente seguida por el satisfactorio arreglo de todas las diferencias entre as republicas hermanas. Reproduce al Sr. Pecheco las securidades de su distinguida con- sideracion. „ N. P. TRIST. A. S. E. D. J. R. Pacheco. Ministro de Relaciones de la Repiiblica Mexicans,. Acuerdo del Exmo. Sr. Presidente en junta de ministros, Agosto 25 de 1847. Celebrado el armisticio que provoco" el general enemigo, y debi- endose nombrar por parte del gobierno Mexieano comisionados que [52] 358 oigan nada mas, las proposiciones de paz que quiere hacer el de los Estados Unidos a nombre de su gobierno, n6mbrese a los Sres. Di- putado General de Jos6 Joaquin de Herrera, Magistrado de la Su- prema Corte De Antonio Monjardin,y D. Antonio Garay ; pasandol es las comunicaciones respectivas de su nombramiento, en que se les advertiia que reunidos mafiana a las once en el ministerio de re- laciones, pJt 361 [ 52 ] dandole las debidas gracias por la distincion que ha hecho de mi persona, y manifestandole al propio tiempo, que la firrae conviccion en que estoy de cuanto lleevo espuesto, asi respecto de la dificultad. del asunto de que se trata, como de mi in suficiencia para desem- penarlo, hara.que me resists siempre a aceptar el encargo con que S. E. me ha querido honrar. * Protesto a V. E. las consideraciones de mi respeto y particular aprecio. Dios y libertad! Tacubaya, 26 de Agosto de 1847. ANTONIO GARAY. Exmo. Sr. Ministro de Relaciones Interiores y Esteriores. Exmo. Sr: He dado cuenta al Exmo. Sr. Presidente interino con el oficio de V. E. fecha de ayer, en que se escusa a. aceptar el cargo de comisionado para oir las proposiciones de paz que por medio del suyo quiere hacer el gobierno de los Estados Unidos, J en contestacion me raanda decirle come tengo el honor de hacerlo, que las mismas razones en que V. E. se apoya, son las que se tu- vieron presentes para nombrarlo; pues ellas acreditan que dos ad- ministraciones distintas, segun sus diversas circunstancias, haa venido a concurrir en un punto esencial, cual es, la conveniencia de oir las proposiciones que se anuncian para llegar al te>mino de los males de la guerra. Asi es que S. E. insiste en el deseo de que V. E. se encargue de este grave y delicado negocio, a cuyo efecto invoca.su acreditado patriotismo, y la buena disposicion que tiene comprobada para servir a la republics. Segun vera V. E. por la copia adjunta de comunicacion que hoy dirijo al Sr. D. Nicolas Trist, la reunion debe verificarse a las 4 de la tarde del dia de manana en el pueblo de Atzcapuzalco, y al efecto S. E. el Presidente entregara a V. E. las instrucciones a que debe arreglarse. Reitero a V. E. las seguridades de mi especial consideracion. Dios y libertad! Mexico, Agosto 26 de 1847. PACHECO. Exmo. Sr. General de Division D. Jose Joaquin de Herrera. Exmo. Sr: Por la nota de V. E. del dia de hoy, veo con senti- miento que el Exmo. Sr. Presidente no ha estimado por justa la razon principal que espuse en mi comunicacion anterior, escusan- •dome de la honorifica comision que se me encargaba, de ser uno de los comisionados para oir las proposiciones de paz que quiera hacer el del gobierno de los Estados Unidos de America, y supuesto que el Exmo. Sr. Presidente estima necesario que haga este servicio, estoy pronto a el, lo mismo que a cualquiera otro sacrificio del que pueda resultar algun bien a la patria. [52] 362 Lo que tengo el honor de manifestar a V. E. en contestacion. ofreciendo mi debida consideracion y aprecio. Dios y libertad! Mexico, Agosto 26 de 1847. JOSE J. DE HERRERA.* Exrao. Sr. Ministro de Relaciones D. Jose Ramon Pacheco. Celebrado el armisticio que provoco el general-en-gefe de los Es- tados Unidos, se esta ya en el caso de nombrar los comisionados que oigan las proposiciones de paz que quiere hacer aquella nacion por medio del suyo; y teniendo pleno conocimiento y confianza el Exmo. Sr. Presidente interino del patriotismo, illustracion,y demas recomendables circunstancias que adornan a V. S.,ha tenido 4 bien nombrarlo al efecto en union del Exmo. Sr. D. Jose Joaquin de Herrera y otro individuo en los cuales reconoce las mismas estima- tes circunstancias. Como en los momentos criticos en que la patria se encuentra, ninguno de sus hijos puede ni debe cerrar los oidos a su llamado, S. E. el Presidente no duda que V. S. y los senores espresados, se prestaran gustosos a desempeiiar este intersante servicio; y en con- secuencia espera que a las once del dia de manana se serviran con- currir u este ministerio del cual pasaremos a la habitacion del primei magistrado de la republica que les comunicara las instruc- ciones que ya tiene acordadas .en junta de ministros. Con este motivo reitero a V. S. las seguridades de mi distinguida consideracion. Dios y libertad! Mexico, Agosto 26 de 1847. PACHECO. Sr. General D. Ignacio Mora y Villamil. Exmo. Sr: He recibido la comunicacion de V. E. de fecha de hoy, en que se sirve participarme que llegado el momento de oir las proposiciones de paz que de parte de los Estados Unidos de America, quiere hacer el comisionado nombrado al efecto, el Exmo. Sr. Presidente ha tenido a bien nombrarme uno de los individuos que deben formar la comision que se ha de entender con dicho comisionado; a cuyo efecto deben concurrir manana a los once a cse ministerio para recibir las drdenes conducentes. Sensible a la confianzA con que se me distigue en tan delicada mision, no me deja la libertad de escusarme. En tal concepto, estare manana en ese ministerio como V. E. me indica, y procurare hacer cuanto de mi dependa para el mejor exito de mi comision. Con este motivo reitero a V. E. las segurid.ides de mi distinguida consideracion. Dios y libertad! Mexico, Agosto 26 de 1847. IGNACIO DE MORA Y VILLAMIL. Exmo. Sr. Ministro de Relaciones. 363 [ 52 ] Agosto 27 de 1847. Con esta fecha se puso nombraraiento para comisionados a los senores licenciados D. Jos6 Bernardo Couto y D. Miguel Atristain, de manera que la coinision queda compuesta de los senores *sigui- entes: Extno. Sr. general de division, diputado D. Jose Joaquin de Her- rera. Sr. diputado lie. D. Jos6 Bernardo Couto. # Sr. general de brigada D. Ignacio Mora y Villamil. Sr. lie. D. Miguel Atristain. Secretario 6 interprete, Sr. D. Jose" Miguel Arroyo. Exmo. Sr: Aunque carezco de la aptitud necesaria para desem- penar dignamente ia coinision que se sirve conferirme el supremo gobierno, segun me participa V. E. en su nota de esta fecha; y aunque el mal estado de mi salud me ha obligado, hace tiempo, a apartarme de todo genero de negocios; sin embargo, persuadido de que en el desgraciada situacion en que se halla la republica, ningun Mexicano puede negarse a prestar los servicios que por la autoridad piiblica se le exijan; acepto la indicada comision, y me presentar£ ahora mismo a recibir las instrucciones que tenga a bien darme el supreme gobierno. En la sufi;iencia de las dignas personas con quienes el Exmo. Sr. Presidente se ha servido asociarme, libro toda la esperanza de un feliz resultado. Dios y libertad! Mexico, Agosto 27 de 1817. BERNARDO COUTO. Exmo. Sr. Ministro de Relaciones Interiores y Esteriores. Exmo. Sr: He recibido el oficio de V. E. fecha de ayer, en que se sirve comunicarme' que el Exmo. Sr. Presidente de la republica, ha tenido a bien nombrarme, en union de otros senores, comisionado para que oiga las proposiciones que el representante de los Estados Unidos de America pretende hacerle a M6xico para el restableci- miento de la paz; y aunque estoy persuadido que no tengo los cono- simientos necesarios para desempenar tan delicado encargo, sin em- bargo lo acepto, porque entiendp que en estas circun.tancias todos los Mexicanos deben prestar sus servicios cuando lo demanda el gobierno. Protesto a V. E. con tal motivo todas mis considera- ciones y respetos. Dios y libertad! Mexico, 28 de Agosto de 1847. MIGUEL ATRISTAIN. Exmo. Sr. D. Jose Ramon Pacheco, Ministro de Relaciones Interiores y Esteriores. [52] 364 Satisfecho el Exmo. Sr. Presidente interino del patriotismo e in- struction de V. S. ha tenido a bien nombrarlo secretario e inter- prete de la comision que marcha hoy a Atzcapuzalco a oir las propo- siciones que ha de hacer el comisionado del gobierno del los Es- tados Unidos. Lo digo & V. S. para su satisfaccion protestandole mi aprecio. Dios y libertad! Agosto 27 de 1847. PACHECO. •Sr. D. Jose Miguel Arroyo. Exmo. Sr: Impuesto por la comunicacion de V. E. del dia de hoy, que el Exmo. Sr. Presidente ha tenido a bien nombrarme sec- retario e int6rprete de la comision que debe oir las proposiciones de paz que tiene que hacer el comisionado del gobierno de los Es- tados Unidos de America; y dispuesto a servir a mi pais en cuanto ma sea posible, y muy particularmente en las presentes circunstan- cias, puede V. E. asegurar al Exmo. Sr. Presidente que me esfor- zare a corresponder dignamente a la confianza con que se me ha distinguido. Con tal motivo reitero a V. E. las seguridades de mi considera- cion y respeto. Dios y libertad! Mexico, Agosto 27 de 1847. J. MIGUEL ARROYO. Exmo. Sr. Ministro de Relaciones. Instruccionnes & los comisionades nombrados por el gobierno Mexi- cano para oir las proposiciones que el del gobierno de los Estados Unidos pretende hacer. Con arreglo al acuerdo en junta de ministros de esta fecha, los comisionados del gobierno Mexicano, al presentarse en el tiempo y lugar convenidos, y cangeadas sus respectivas, credenciales, se x ceniran a recibir del comisionado Americano el memorandum que contenga las proposiciones de los Estados Unidos: si no lo pre- sentare por escrito, se limitaran precisamente y nada mas a oir las que hagan, y sean muchas 6 pocas, estendteran un memorandum que las contenga por articulos, claras, precisadas y categdricas, el cual sera firmado por el comisionado Americano. Sea este, estendido en la primera entrevista, sea el que ya traiga formulado el com- isionado Americano, sera trasmitido al gobierno Mexicano por los suyos, sin que estos por entonces pretendan ninguna modificacion, ni hagan, ni anuncien el deseo de que se haga la mas leve altera- cion sobre tal documento. PACHECO. Mexico, 25 de Agosto de 1847. 365 [ 52 ] Antonio Lopez de Santa Anna, general de division, benemerito de la patria y Presidente interino de los Estados Unidos Mexicanos, dtodos las que el presente viere?i, sabed: Que habiendo resuelto en uso de las facultades que me concede la constitucion federal, oir las proposiciones de paz que quiere hacer el gobierno de los Estados Unidos de America, por medio de su comisionado el Sr. D. Nicolas Trist, y teniendo entera confianza en el patriotismo, ilustracion y demas recomendables circunstancias que adornan al Exmo. Sr. de general de division D. Jose Joaquin de Herrera, al Sr. Lie. D. Jose Bernardo Couto, al Sr. general de brigada D. Ignacio Mora y Villamil, y al Sr. Lie. D. Miguel Atiistain, he venido en comisionarlos para que pasen al pueblo de Atzcapuzalco a recibir y trasmitirme las citadas proposiciones que yiene a hacer el mencionado Sr. D. Nicolas Trist, para cuyo efecto les concedo a los tres el pleno poder necesario autorizando al Sr. D. Jose Miguel Arroyo, para que les asista y acompaiie en clase de secretario e enterprete por la confianza que igualmente me merece. En fe de lo cual he hecho espedir el presente firmado de mi mano, autorizado con el sello nacional y refrendado por el Secretario de estado y del despacho de Relaciones Interiores y Esteriores, en el palacio federal de Mexico a los viente y siete dias del mes de Agosto del ailo de mil ochocientos cuarenta y siete, y vigesimo septimo de la independencia. [l. s.] ANTONIO LOPEZ DE SANTA ANNA. J. R. Pacheco. Santiago K. Polk, presidente delos Estados Unidos de America, dtodos los que las presentes conciernan, salud. Sabed que, deseoso de restablecer la paz, armonia y buenas re- laciones entre los Estados Unidos de America y los Estados Unidos Mexicanos, y remover todos los motivos de disgusto, y teniendo especial confianza y satisfacion en la entegridad, prudencia y tal- entos del Sr. Nicolas P. Trist, lo he nombrado comisionado de los Estados Unidos en la republica Mexicano, y lo he investido con pleno y en todas maneras, amplio poder y autoridad, en el nombre de los Estados Unidos, para reunirse y conferenciar con cualquiera persona 6 personas que tengan igual autoridad del gobierno Mexi- cano, y para que con ella 6 ellas pueda negociar y concluir un ar- reglo de las diferencias que existen, y un tratado de paz, amistad y limites duradero entredos Estados Unidos de America, y la na- cion Mexicana, por el cual sean definitivamente arregladas todas las reclamaciones de los ciudadanos y gobierno de los Estados Unidos contra el gobierno de esta nacion; y todas las reclama- ciones de ella 6 de sus ciudadanos contra el gobierno de los Estados Unidos: y del mismo modo los limites y linderos entre los Estados Unidos de America y los Estados Unidos Mexicanos, y todos los tasunos y negocios que puedan tener conexion 6 ser interesantes [52] 366 para ambas naciones; trasmitiendo el tratado 6 convencion para que sea concluido por la ratification del presidente de los Estados Unidos con el consentiraiento y aprobacion del senado. El testimonio de lo cual sera este documento sellado con e-1 sello de los Estados Unidos. Dado y firmado por mi mano en la ciudad de Washington a los 15 dias de Abril, ano del Senor, de 1847, y 71 de la independencia de los Estados Unidos. SANTIAGO K. POLK, Por el Presidente. Santiago Buchanan, [j Secretario de Estado. Proye"cto de tratado presentado por el comisionado Americano el dia 27 en Aizcapuzalco. Art. 1°. Habra paz firme y universal entre los Estados Unidos de America, y los Estados Unidos Mexicanos, y entre sus respec- tivos paises, territorios, ciudades, villas y pueblo, sin escepcion. de lugares 6 personam. Todas las hostilidades de mar y tierra, cesaran definitivamente tan pronto como las ratificaciones de este tradado sean congeadas por ambas partes. Art. 2°. Todos los prisoneros de guerra hechos por ambas partes, tanto por mar como por tierra, seran devueltos tan pronto como sea practicable despues del cange de las ratificaciones de este tratado. Ademas se conviene que si algunos ciudadanos Mexicanos existen ahoru cautivos por los Comanches 6 cualquiera otra tribu salvage de Indios dentro de los limites de los Estados Unidos, como estan fijados por este tratado, el r-zbierno de los Estados Unidos, exigira la entrega de dichos <•. auvos y que vuelvan a su libertad y a sus casaj- en Mexico. Art. 3°. Tan pronto como el presente tratado haya sido debida- mente ratificado por los Estados Unidos Mexicanos, se haia saber, ^sto sin la menor dilacion a los comandantes de las fuerzas de mar y tierra de ambas partes y en consecuencia habra una suspension de hostilidades tanto por mar como lierra, ya por las fuerzas mili- tares y navales de los Estados Unidos, «omo por parte de las de los Estados Unidos Mexicanos; y dicha suspension de hostilidades se observara por ambas partes inviolablemente. Inmediatamente des- pues del cange de sas ratificaciones del prese*nte tratado, todos los fuertes, territorios, lugares, y posesiones cualesquiera que sean, y se hayan tornado por los Estados Unidos, de los Estados Unidos Mexicanos, durante la guerra, escepto aquellas comprendidas dentro de los limites de los Estados Unidos segun quedan definidos por el articulo euarto de este tratado, seran devueltas sin demora y sin ocasionar ninguna destruccion, ni estraccion de la artilleria 6 cual- esquiera otra propriedad piiblica capturada originalmente en dichos fuertes, 6 lugares, y que existan en ellos, cuando se cangee la rati- ficacion de este tratado: y de la misma manera, todos los fuertes, territories, kc. 367 [ 25 ] Art. 4°. La linea divisoria entre las dos republicas, comenzara enel golfo de Mexico tres leguas de la tierra, frente de la boca del Rio Grande, de alii para arriba por medio de dicho rio hasta el punto donde toca la linea meridional de Nuevo Mexico, de alii ha- eia el poniente, a lo largo dei limite meridional de Nuevo Mexico al angulo del sudoeste del mismo desde alii hacia el norte a lo largo de la linea occidental de Nuevo Mexico hasta donde esta cortada por el primer brazo del rio Gila; 6 si no esta cortada por ningun brazo de este rio, entonces hasta el punto de la dicha linea mas cercano al tal brazo y de alii en una linea recta al mismo, y para abajo por medio de dicho brazo y del dicho rio Gila hasta su desa- gue en el rio Colorado; de alii para abajo, por el medio del Colo- rado, y el medio del golfo de Californias al oceano Paciaco. Art. 5°. En consideracion a la estension de los limites de los Estados Unidos, como estan definidos por el precedente articulo, y por las estipulaciones que mas adelante contiene el articulo 8 Q , los Estados Unidos por este abandonan para siempre todo reclamo con- tra los Estados Unidos Mexicanos, a causa de los gastos de la gu- erra; y hacen mas, convienen pagar a los Estados Unidos Mexi- canos, en la ciudad de Mexico la suma de. . . . Art. 6°. En amplia consideracion de las estipulaciones conteni- das en los articulos 4° y 8° de este tratado, los Estados Unidos con- vienen entre asegurar y pagar a los reclamantes todoslos aboncs que ahora se deben, 6 mas adelante se venzan segun la convencion concluida entre las dos republicas, en la ciudad de Mexico el dia 30 de Enero de 1843, proveer al pago de lodecididoen favor de los reclamantes segun la convencion entre los Estados Unidos y la re- piiblica Mexicana del 11 de Abril de 1839. Y los Estados Unidos igualmente convienen en asumir y pagar todos los reclamos de los ciudadanos de los Estados Unidos, no decididos anteriormente, con- tra el gobierno de los Estados Unidos Mexicanos hasta la suraa que no esceda de tres millones de pesos, y que se haya suscitado con anterioridad al dia trece de Mayo de 1846; y que se encuentren adcudados justamente por un tribunal de comisionados que se esta- blezca por el gobierno de los Estados Unidos, cuyas decisiones se- ran definitivas y concluyentes, siempre que al decidir sobre la vali- dez de dichas demandas, el tribunal se haya guiado y gobernado por los principios y reglas para la decision prescritas por los arti- culos 1° y5° de la convencion no ratificada, concluida en la cuidad de Mexico el dia 20 de Noviembre de 1843, y en ningun caso se dara sentencia en favor de reclamo alguno que no este comprendido por estos principios y reglas: y los Estados Unidos por este y para siempre eximen a los Estados Unidos Mexicanos de toda por cualesquiera de las dichas demandas, ya que hayan sido dese- chadas, 6 admitidas por el citado tribunal de comisionados. Art. 7°. Si en la opinion de dicho tribunal de comisionados, 6 de lis demandantes, se considerare necesario para la primera deci- sion de alguna de las dichas reclamaciones que algunos libros, re- gistros 6 documentos que se encuentren en la posesion 6 poder de los Estados Unidos Mexicanos los comisionados d reclamantes ha- ran {>or si, dentro del periodo que el Congreso pueda designar, [52] 368 peticion por escrito con tal objeto, dirigida al ministro de relaci- ones Mexicano, la que le sera transmiLda por el secretario de estado de los Estados Unidos: y el gobierno Mexicano se compromete a hacer remitir, en el primer momento posible despues del recibo de tal demanda, cualquiera de los dichos libros, registros 6 documen- tps en su posesion d poder, quese hayan pedido al dicho Secretario de Estado, quien inmediatamente los entregara al citado tribunal de comisionados, siempre que los tales pedidos se hagan a peticion de alguno de los reclamantes, y hasta que los hechos, que se espera probar con tales libros, registros d documentos, hayan sido priraero hechos bajo juramento d afirmacion. Art. 8°. E! gobierno de los Estados Unidos Mexicanos por este concede y garantiza para siempre al gobierno y ciudadanos de los Estados Unidos, el derecho de transportar al traves del istmo de Tehuantepec, de mar a mar, por cualesquiera de los medios de comunicacion que existan actualmente,ya sea por tierra 6 por acnia, libre de todo peage d gravamen, todos 6 cualquier articulo, ya sea de producto natural, d productos d manufacturas de los Estados Unidos. 6 de cualesquiera otro pais estrangero, pertenecientes al dicho gobierno 6 ciudadanos; y tambien el derecho del libre paso por el mismo, a todos los ciudadanos de los Estados Unidos. El gobierno de los Estados Unidos Mexicanos concede y garantiza ig- ualmente al gobierno y ciudadanos de los Estados Unidos, el mismo derecho de paso para sus mercancias y articulos ya dichos, como a sus ciudadanos, por cualquiera ferro carril 6 canal que de aqui en adelante pueda concluirse para atravesar el dicho istmo, ya sea por el gobierno de los Estados Unidos Mexicanos, d por su autorizacion, pagando unicamente aquellos peages que equitativa y justamente csten seiialados, y no otros mas subidos, ni se recogeran ni colecta- jan otros por los articulos y mercancias arriba mencionadas pertene- cientes al gobierno d ciudadanos de los Estados Unidos, 6 a. las personas de aquellos ciudadanos por el paso sobre dicho ferro-carril, 6 canal, que las que se cobren 6 colecten por los mismos articulos y mercancias portenecientes al gobierno 6 ciudadanos de Mexico siendo xlel producto natural, 6 productosy manufacturas de Mexico, 6 de cualquiera pais estrangero, y a las personas de sus ciudadanos. !Ninguno de los dichos articulos, sea el que f'uere, pertenecientes al gobierno d ciudadanos de los Estados Unidos, que pasen d traniiten por el dicho istmo, de mar a mar, en una li otra direccion, ya sea por los medios que existen hoy de comunicacion, ya por algun ferro-carril 6 canal, que mas adelante pueda construirse, con el ob- jeto de trasportarse a cualesquiera puerto de los Estados Unidos 6 de algun pais estrangero, quedaia sujeto apagar derecho alguno sea cual i'uere, de importacion 6 esportacion. Los dos gobiernos por este articulo se comprometen, que con la menor demora posible convendran y dictaran mutuamente aquellos reglamentos que pue- dan considerarse necesarios para evitar el fraude, 6 contrabando, a consecuencia del derecho de paso asi concedido, y perpetuamente garantizado al gobierno y ciudadanos de los Estados Unidos. Art. 9°. Todos los efectos, mercaderias, d mercancias, que hayan sido introducidas durante la guerra, por cualquier puerto d lugar 36£ [ 52 ] de una y otra parte, por los ciudadanos de una u otra parte, 6 por los ciudadanos d siibditos de algun poder neutral, mientras han es- tado oeupados railitarmente por la otra, se les permitira permane- cer libres de confiscacion, 6 de cualquiera rnulta 6 derecho que haya sobre la venta 6 cambio de ellos, 6 sobre la salida de dicha propiedad del pais: y a los propietarios per este se les permite vender 6 disponer de dicha propiedad, de la misma manera y en todos aspectos corao si las importaciones en el pais hubieran sido hecbas en tiempo de paz, y hubieran pagado sus derechos segun las leyes de cada pais respectivamente. Art. 10. Eltratado de amistad, comercio y navegacion, conclui- do en la ciudad de Mexico el dia5.de Abril, ano del Seiior de 1831 entre los Estados Unidos de America y los Estados Unidos Mexica- nos, y cada uno de sus articulos, con escepcion del articulo adi- cional, queda por este renovado per el termino de ocho aiios desde el dia del cange de la ratificacion de este tratado, con la misma fuerza y virtud como si formaran parte del contenido de este; de- biendo entenderse que cada una de las partes contratantes se re- serva para si el derecho, en cualquier tiempo despues de pasado el dicho periodo de echo afios; de terminarlo, dando aviso con un aiio de anticipacion de su resolucion a la otra parte. Art. 11. Este tratado sera aprobado y ratificado por el presi- dente de los Estados Unidos de America con la aprobacion y con- sentimiento del seando, y por el presidente de los Estados Unidos Mexicanos, con la previa aprobacion de su congreso general; y las ratificaciones seran congeadas en la ciudad de Washington en el termino de meses, desde la fecha en que sea firmado, 6* mas pronto si es practicable. Instrucciones para los comisionados del gobierno Mexicano acorda- das junta de ministros de 29 de Agosto de 1847, en vista -de las proposiciones hechas por el comisionado de los Estados Unidos. I 0, Es de toda necesidad ant'es de abrirse las negociaciones, que los comisionados Mexicanos fijen por base las causales de la guerra provocada por los Estados Unidos contra la republfca Mexicana; mas claro, que el comisionado de los Estados Unidos declare fran- camente los motivos de la guerra y fines de ella, sin que se pueda escusar de hacer esta maniiestacion que desde luego le exige §1 gobierno Mexicano. Si se negase, que conste. 2°. Si las pretensiones de los Estados Unidos se fundan en el de- recho de la fuerza, 6 puramente en negociaciones amistosas. Igu- almente. 3°. La primera cuestion de que debe tratarse despues de los dos puntos arriba espuestos sera: si Tejas debe quedar en poder de los Estados Unidos por el derecho de anexacion que alega, 6 por com- pra que trate de hacer de esos terrenos a la repiiblica Mexicana. — Igualmente. El gobierno Mc::icano no reconoce otro titulo que el de negoci- 23 [52] 370 acion. Sobre estos particulares, los comisionados Mexicanos sab- ran desarrollar la cuestion de la manera mas conveniente a los in- tereses y derechos nacionales; y se deja a su saber fijar en su punto de vista lo convenientc en el particular. Deben saber por supuesto, que no pudiendo sacar rnayores ventajas sobre el territorio de Te- jas el gobierno cree que no puede hacerse mas concesion que la del limitellamado y reconocido por la provincia de Tejas, sin es- ceder los limites de esta del Rio de las Nueces, que es su natural lin 'ero y de ninguna manera hasta el Rio Bravo; pero al cederse la provincia de Tejas, debe sacarse cuando menos la ventaja de que los Estados Unidos ofrezcan dar por transijida »la deuda reco- nocida por Mexico y las demas pendientes por reconocer y por liquidar. Esto so entiende, por prestarse el gobierno a negociar: pero por precio de los terrenos pagaran los Estados Unidos el ter- mino medio del precio que han fijado ellos mismos en sus regla- mentos de ventas de tierra. Queda en este caso en la obligacion el gobierno de los Estados Unidos y se compromete el gobierno Me.xicano a lo mis mo por su parte, a dejar coino territorio neutral diez leguas del Rio de las Nueces por su orilla derecha el Mexica- no y otras tantas el Americano por la izquierda, y en toda la linea divisoria de Tejas, de frontera con el territorio Mexicano, yara asi evitar cuestiones que pudieran ofrecerse entre las dos republicas si no puedara un terreno intermedio desocupado por ambas y como verdadero lindero el desierto que se marca. Acuyo efecto senora- brara'por ambas partes una comision cientifica de limites. 4°. Si el comisionado de los Estados Unidos promoviese algo sobre la isla conocida por del P. Vagin, los comisionados Mexica- nos sostendran que debe quedar neutral para obviar diferencias que pudieran suscitarse en lo de adelante. 5°. Respecto del territorio de Nuevo Mexico y Californias, se negaran absolutamente a ceder el todo d parte de sus terrenos, pues que enteramente es cuestion estrna a la de Tejas y Mexico ne quiere desprenderse de esta parte integrante que corresponde a la nacion; sin embargo, los comisionados haran decir al de los Estados Unidos, por que" derecho d con que intencion ha incluido en sus pretensiones el gobierno de los Estados Unidos a Nuevo Mexico y Californias. Si no quisiere decirlo, que conste. 6°. En ultimo caso, despues de discv.tido el derecho de Mexico al terreno que se trata de emancipate, podra accederse unicamente al establecimiento de una factoria en el puerto de San Francisco, si asi lo pretendiesen, pero con tales restricciones que en ningun tiempo Mexico pueda ser reconvenido de que se ha desprendido de aquel puerto ni de su derecho de dominio que actualmente tiene; pudiendo limitarse, si fuere posible, a un tiempo determinado, que dien podra si se queire renovarse por nuevos tratados, con periodos de ocho afios, pagando en cada uno una suma que no baje de un millon de pesos como titulo de reconocimiento del derecho de 'Mexico y su conservacion. 7°. Sobre los privilegios que solicitaba el gobierno de los Esta- dos Unidos para navegar por el rio de Tehuantepec d traficar por cualquiera camino 6 via que se estableciese entre los dos mares, el 371 [ 52 ] i gobierno Mexicano niega absolutamente toda concesion en el par- ticular, y en ultimo caso se ofrecera a lo mas, que el gobierno Mexicano tendra en consideracion lasbuenas relaciones que pudiere mantener el gobierno de los Estados Unidos con la republica Mex- icana, y con arrelgo a la confianza que le inspirare su conducta, no debe dudar de la reciprocidad de los Mexicanos en los mismos terminos que las demas naciones y nunca como Mexico. 8°. No pueda consentir de ninguna manera el gobierno Mexicano en eximir del pago de derechos a'todos los efectos introducidos en sus puertos, procedentes de los Estados Unidos 6 de cualquiera otra nacion, desde la ocupacion de dichos puertos por las fuerzas de dichos Estados Unidos; y sera condicion precisa que para internar- los han de satisfacer los derechos que les correspondan por los aranceles actuales de la nacion, pues es demasiado conceder como lo efrece el gobierno Mexicano, que no caigan en la pena de comi- so, como debi(5 suceder por las ultimas leyes de la materia. En el caso de estar comprometidos con los importadoes los E>;tados Uni- dos, estos pagaran el todo de los derechos de importacion de nues- tro arancel, y los comerciantes pagaran los de internacion, con- sumo, &c. 9°. El gobierno de los Estados Unidos se debe comprometer a retirar todas sus fuerzas de mar y tierra, tan luego como se firmen por ambas partes estos preliminares de paz, los cuales deberan que- dar sujetos a la ratificacion del Congreso Mexicano, como lo pre- viene la constitucion que rige al pais. 10 Q . Al evacuar las tropas de los Estados Unidos el territorio Mexicano, han de entregar las fortalezas que ocupan, en la misma conformidad en que se hallaban cuando las ocuparon, esto es, con sus mismos canones y armamento reponiendo el que hayan de- struido. . 11°. Instaran nuestros comisionados por la indemnizacion de las fortunas de los Mexicanos arruinados por las tropas de los Estados Unidos y haran por conseguir habilmente que se comprometa aquel gobierno a oir y satisfacer las reclamaciones que sobre el particular se bicieren. Pagaran igualmente los gastos de la guerra que Mexico se ha visto obligado a hacer y que no ha provocado. Mexico, 30 de Agosto de 1847. Antonio Lopez de Santa Anna, General de Division, benemerito de la pdtria y presidente interino de los Estados Unidos Mexicanos, d que el presents vieren, sabed: Que estando nombrados comisionados para oir las proposiciones de paz, que los Estados Unidos de America ban hecho por' medio del Sr. D. Nicolas P. Trist, el Exmo, Sr. general de division y di- putado al Congreso general D. Jos6 Joaquin de Herrera, el Sr. di- *putado al mismo Congreso Lie. D. Jose Bernardo Couto, el Sr. general de brigada D. Ignacio Mora y Villamil y el Sr. Lie. D. [ 52 ] 372 Miguel Atristain, he venido en ampliarles la coraision para con- ferenciar y tratar con el espresado Sr. D. Nicolas P. Trist sobre el contenido de las mismas proposiciones, dandoles y confiriendoles al efecto los plenos poderes neeesarios en virtud de la confianza qne me raerecen por su notoria ilustracion y acreditado patriotismo, • on tal de que cuanto convinieren y trataren quede su jeto a la aprobacion y ratificacion constitucional. Al mismo tiempo he ve- nido en autorizar al Sr. D. Miguel Arroyo para que asista y acom- pafie a los espresados comisionados en clase de secretario e inter- prete, por concurrir en este individuo las mismas circunstancias que enaquellos. En fe de lo cual he mandado estender el presente, firmado de mi mano, autorizado con el sella nacional y refrendado por el secre- tario de estado y del despacho de relaciones interiores y esteriores, en el palacio federal de Mexico a los treinta dias del mes de Agosto del ano del senor de mil ochocientos cuarenta y siete, vigesimo septimo de la independencia. [l. s.J ANTONIO LOPEZ DE SANTA ANNA. J. R. Pacheco. Tengo el honor de remitir a V. E. y V. SS. el pleno poder que el Exmo. Sr. presidente interino de la republica se ha servido con- i'erirles, para que en clae de comisionados pasen a tratar con el de los Estados Unidos de America sobre las proposiciones de paz que ha presentado. Igualmente lo tengo de acompanarles las instruc- ciones* a que deben sujetarse en el desempeiio de tan interesante comision, bajo el concepto de que nada que esceda los limites pre- y scritos en ellas, podran V. E. y V. SS. acordar ni firmar sin previa autorizacion que solicitaran del supremo gobierno por conducto de este Ministerio, dando siempre cuenta de cuanto se pretenda d exiga por los Estados Unidos contra el tenor de las espresadas in- trucciones, de los cuales no podran V. E. y V. SS. hacer uso os- tensible en ningun caso para con el comisionado de aquella repub- lica. Reitero a V. E. y V. SS. las seguridades de mi particular con- gideracion y aprecio. Dios y libertad! Mexico, Agosto 30 de 1847. PACHECO. Exmo. Sr. General D. Jose Joaquin de Herrera, y Senores Lic7 D. Jose Bernardo Couto, General D. Ignacio Mora y Villa- mil, y Lie. D. Miguel Atristain. Exmo. Sr: Habiendo examinado las bases e instrucciones que V. K. se ha servido acompanarnos en la msnana de hoy, para proseguir * Las acordadas con \ista de las prelensiccef de Jos Estados Umdos, y las que eitaban rote^adas desde el dia 24. 373 [ 52 ] la negociacion que se ha abierto con el rninistro de los Estados Unidos, creemos de nuestro deber manifestar desde luego al su- premo gobierno, con la franqueza de hombres de bien, que sobre las dichas bases e instrucciones nos es imposible encargarnos de la negociacion, porque nos encontrarnos sin la capacidad necessaria para ejecutarlas como es debido. Rogamos, pues, al supremo gobierno se digne tener por no aceptada de nuestra parte la plenipotencia con que su bondad ha querido honrarnos. Dios y liberated! Mexico, Agosto 31 de 1847. JOSE J. HERRERA. BERNARDO COUTO. IGNACIO DE MORA Y VILLAMIL. MIGUEL ATRISTAIN. JOSE MIGUEL ARROYO, Secretario. Exmo. Sr. Ministro de Relaciones. Dada cuenta al Exmo. Sr. presidente con el oficio de V. E. y V. SS. de esta manana en que renuncian la comision que se ha servido conferirles para tratar con el comisionado de los Estados Unidos bajo las bases e instrucciones que acompane a mi comunicacion de ayer, S. E. despues de la conferencia tenida* con V. E. y V. SS. mismos y en consejo de ministros,ha tenido a bien resolver, se am- plien esas instrucciones en el sentido de que se ajusten a ellas en cuanto les sea posible; pero avini6ndose a algunas modificaciones que las circunstancias del pais exigen y a las facilidades a que abra la puerta la misma discusion. En una palabra, el supremo gobierno ha escogido a V. E. y V. SS. como tantas veces les ha escogido la nacion, por el conocimiento que tiene de su ilustracion y patrio-tis- mo, y pone en sus manos el honor y los intereses de nuestra patria. Dios y libertad! Mexico, 31 de Agosto de 1847. PACHECO. Exmo. Sr. General D. Jose Joaquin de Herrera, y Sres. Lie. D. Bernardo Couto, General D. Ignacio de Mora y Villamil, y Lie. D. Miguel Atristain. Exmos. Sres: Tornado en consideracion el informe verbal que se servieron dar V. E. y V.SS. al supremo gebierno, de las conferen- cias tenidas con el comisionado de los Estados Unidos: visto 61 bor- rador del articulo sobre limites que les presento, ofreciendo que si era aceptado por Mexico consultaria a su gobierno, en razon de no poder por si solo conforme a sus actuates instrucciones, prescindir del territorio sito en;re el Bravo y el Nueces: y examinada de nue- "v* la cuestion bajo todos los aspectosque debia mirarse,ha resuelto •en junta de ministros se diga a V. E. y V.SS. como tengo el henor de hacerlo, que no modificandose esa proposicion bajo el derecho reconocido a Mexico de deliberar, y el caracter de negocio en las pretensiones de l.>s Estados Unidos, no deja su comisionado otro [52] 374 arbitrio al gobierno Mexicano, que el qae sugiere el honor y el es el que cierra la puerta a toda posibilidad de hacer la paz. Por restituir este gran bien a la nacion se avenia el gobierno - 4 ceder a Tejas y una parte de la Alta. California, hasta las fronteras del Oregon, en los te>minos que se dijo a V. E. y V. SS. en las in- strucciones: pero ni aun con la reserva de que lo aprobara el con- greso^e prestaria el gobierno a ceder mas,niaNuevo Mexico cuyos habitantes han manifestado suvoluntad de hacer parte de la familia Mexicana, con mas entusiasmo que en ninguna otra parte de la re- publica. Esos benemeritos Mexicanos abandonados a su suerte por algunas administraciones, sin proteccion ninguna muchas veces, ni aun para ponerles al abrigo de las incursiones de los barbaros, han sido los Mexicanos mas verdaderamente patriotas, porque olndando las quejas domesticas que tienen, no se han acordado en esta vez mas que de que son y quieren ser de la familia: esponiendose y sac- rifiiandose ya muchos a la venganza de los invasores,se han levan- tado contra ellos, y desconcertados 6 descubiertos sus planes y frus- tradas sus conjuraciones, se han vuelto a conjurar. Y j,a estos Mexicanos iria un gobierno & venderles como rebano? jjamas! y perezca por ellos la nacionalidad del resto de la republican perece- remos juntos. No es esto decidir con elaciones, ni con afectada nobleza cues- tiones de alta politica, para las cuales se dice no debe haber en el hombre de estado mas que frialdad de calculo. Bien sabe el go- bierno las vicisitudes de las naciones, y que no hay en el dia una sola en la tierra que sea como primitivamente fue, ni eomo comien- za a hablar de su origen su respectiva historia; pero a los ojosmis- mos de los gabinetes de Europa son injustas las pretensiones de engrandecimiento cuando hieren nacionalidades respetables y resis- tentes. Bien podrian nuestros compatriotas quedar en su pais con- servando su nacionalidad y sus propiedades; pero lo que se diga de ellos por esta parte, se podria decir de todos los Mexicanos, esto es, que quedaran estrangeros en su prVpia patria, y si seria un horror hacer tal propuesta a todos los Mexicanos, lo es igualmente el acep- tarlo para la menor parte de ellos. Bien podrian entrarse a los dominios que quedaran a su patria, vendiendo a mejor precio del que hoy tienen sus prQpiedades, y si se quiere, aumentandoseles estas con terrenos nacionales, y reparandoles con lo mismo que los Estados Unidos ofrecen de indemnizacion el transtorno que sufrie- sen por mudar de pais y domicilio; pero no es el gobierno Mexicano el que pondra a precio la adhesion de un conciudadano suyo al suelo en que nacio. Estas consideraciones suben de punto en la posesion del Rio Bravo, porque no es solo la existencia de todo el sistema de hacienda lo que se interesa en ella, sino la nacionalidad del resto de la repub- lica, para cuya perdida bastaria el trascurso dediez afios con eles- piritu emprendedor y de inundacion de nuestros vecinos, y la infaa- cia en que nosotros nos hallamos. Si el comisionado de los Estados Unidos no puede por sus instrucciones prescindir de esta pretension, taropoco el gobierno Mexicano puede convenir en que se prolongue por cuarenta y cinco dias el armisticio,'para consultar al gobierno de Washington. 375 ' [ 52 ] Pues que se ofrece una indemnizacion por el territorio que se pretende, pues que aquel a que con razon 6 sin ella se puede alegar el derecho de la guerra,y valga este derecho lo que valiere en esta siglo, es solo Tejas, no comprende el gobierno Mexicano cdrao se ,exigen estos humillantes sacrificios conio eondicion para hacer la paz, despues de tantas protestas corao ha hecho el de los Estados Unidos, de que ella seria equatativa y honrosa. Si su derecho es , el de la fuerza, y la cree tener bastante para posesionarse del ter- ritorio, que dice quiere comprar, ic6mo puede de buena fe llamar equitativo y honroso haberse metido en ei territorio que no pre- tente, asolando las ciudades y matando a nuestros conciudadanos, que en nada le han ofendido, y venir a la capital a que se le venda por fuerza'? En presencia de estas consideraciones, no se detiene el gobierno a calcular los elementos de la nacion para continuar la guerra; su deber es hacerla con los que tenga. En Nuevo Mexico, y en las pocas leguas que median entre la de- recha del Nueces y la izquierda del Bravo, es a la paz 6 la guerra. Si el comisionado de los Estados Unidos no deja al gobierno Mex- icano escoger mas que. entre esta cesion y su muerte, en vano le mandd su gobierno; desde antes pudo asegurar, se cual habia de ser la respuesta. Si tambien los Estados Unidos han hecho su eleccion, y prefieren la violenciap nuestra humillacion, ellos seran los que den cuenta. a Dios y al mundo. Digoloa V. E. y H. SS. de orden del Exmo. Sr. Presidente, ofre- eiendoles mi distinguida consideracion. Dios y libertad! Mexico, Setiembre 5 de 1847. J. R. PACHECO. Exmo. Sr. General de Division, Diputado, D. Jose Joaquin de Herrera, y Sres. Diputado D. Bernardo Couto, General D. Ignacio Mora y Villamil, y Lie. D. Miguel Atristain. CONTRA-PROYECTO. 1°. Habra paz firme y universal entre la repiilica Mexicano y los Estados Unidos de America, y entre sus respectivos territorios, ciu- dades, villas y pueblos, sin escepcion de lugares ni personas. 2°. Todos los prisioneros de guerra hechos por ambas partes, tanto por mar como por teirra, seran devueltos immediatamente despues de la firma del presente tratado. Ademas se conviene, que si algunos Mexicanos existen ahora cautivos en poder de cualquier tribu salvage dentro de los limites que por articulo 4°, van a fijarse a los Estados Unidos, el gobierno de dichos Estados Unidos exigira la entrega de ellos, y que sean restituidos a su libertad y a sus ho- ga'res en Mexico. 3°. Inmediatamente despues del cange de las ratificaciones de este tratado, seran devueltos a la repiiblica Mexicana, todos los fuertes, territorios, lugares y posesiones que se le hayan tornado u ocupado en la presente guerra, dentro de los limites que para la misma repiiblica van a fijarse en el articulo 4. Le sera devuelta [52] 376 igualmente la artilieiia, pertrechos y munierones que habia en los eastillos y plazas fuertes cuando cayeron en poder de las tropas de los Estados Uniilos. Respecto de la artilleria tornado fuera de los espresados castillos y plazas fuertes, se devolvera a Mexico la que exista en poder de las tropas de los Estados Unidos a" la fecha de la firma del presente tratado. 4°. La linea divisbria entre las dos repiiblicas, comenzara en el goifo de Mexico ties leguas fuera de tierra, enfrente de la erabo- cadura austral de la bahia de Corpus Christi; correra eh linea recta por dentro de dicha bahia hasta la embocadura del rio de lasNueces; seguira luego por rnitad de este rio ento do su curso hasta su naci- iniento; desde de el nacimiento~del rio de las Nueces se trazara una linea recta hasta encontrar la frontera actual del Nuevo Mexico por la parte este-sur-este; se seguira luego la frontera actual del Nuevo Mexico por el Oriente, Norte y Poniente, hasta tocar por este ultimo viento al grado 37, el cual servira de liraite a arabas republicas desde el punto en que toca la dicha frontera de Poni- ente del Nuevo Mexico hasta el mar J'acifico. El gobierno de Mexico se compromete a no fundar nuevas poblaciones, ni estab- lecer colonias en el espacio de tierra que queda entre e rio de las- Nueces y el rio Bravo del Norte. 5°. En debida compensation de la extension que adquieren, por el articulo anterior los antiguos limites de los Estados Unidos, el gobierno de dichos Estados Unidos se obliga a entregar al de la republica de Mexico la suma de la cual se pondra en la ciudad de Mexico a disposicion del dicho gobierno de la republica Mexicana en el acto de cangearse las ratificaciones del presente tratado. 6°. Se obliga ademas el gobierno de los Estados Unidos, a tomar sobre si, y satisfacer cumplidamente a los reclamantes, todas las cantidades que hasta aqui se Its deben y cuantes se venzan en ade- lante, por razon de los reclamos ya liquidados y sentenciados con- tra la republica Mexicana, corforme a los convenios ajustados entre ambas republicas el 11 de Abril de 1839, y el 30 de Enero de 1843; de manera que la republica Mexicana nada absolutamente tendra que lastar en lo venidero, por razon de los indicados reclamos. 7°. Tambien se obliga el gobierno de los Estados Unidos a tomar sobre si y pagar cumplidamente todos los reclamos de ciudadanos suyos, no decididos aun contra la republica Mexicana, cualquiera que sea el titulo 6 motivo de que procedan, 6 en que se funden los indicados reclamos, de manera que hasta la fecha del cange de las ratificaciones del presente tiatai.o, quedan saldadas definitivamente, y para siempre, las cuentas de todo genero que existan 6 puedan suponerse existentes entre el gobierno de Mexico y los ciudadanos de Jos Estados Unidos. 8°. Para que el gobierno de los Estados Unidos satisfaga, en ob- servancia del articulo anterior, los reclamos no decididos aun de ciudadanos suyos contra la republica Mexicana, se establecera por el gobierno de dichos Estados Unidos un tribunal de comisionados, cuyas decisiones seiun definitivas y concluyentes, siempre que al decidir sobre la validez de cualquiera demanda se haya ajustado a los principios y reglas que se establecieron en los articulos 1°. y 377 [ 52 ] 5°. del convenio no ratificado que se celebro en Mexico el uia 20 de Novienibre de 1843, y en ningun caso se dara sentenijia en favor de reclarao alguno que no se ajuste a las precitadas reglas. Si el tri- bunal de comisionados estimare necesario para la justa decision de iilguna de^nanda tener a la vista algunos libros, registros d docu- mentos que existan en poder del gobierno de Mexico, los pedira a este el gobierno de los Estados Unidos, y le seran remitidos origi- nales, 6 en testimonios fehacientes para que pasen el dicho tri- bunal, bien entendido que no se hara por el gobierno delosEstados Unidos peticion alguna de los enunciados libros, registros d docu- mentos, antes de que hayan sido espeeificados en cada caso bajo la religion del juramento,d con aseveracion juidica por la parte actora en el.reclamo, los hechos que pretenda probar con ostales libros, registros d documentos. 9°. Todos los templos, casas y edificacios dedicados a actosd ejer- cicios del culto catdlico en territorios pertenecientes antes a la republica Mexicana, y que por el art. 4° de este tratado quedan para lo succesivo dentro de los limites de los Estados Unidos, con- tinuaran dedicados a los mismos actos y ejercicios del culto ca- tdlico sin variacion alguno, y bajo la especial proteccion de las leyes. Lo mismo suqedera con los bienes rnuebles e inmuebles que dentro de los espresados territorios esten dedicados al mantenimi- ento del culto catolico, d al de escuelas, hospitales y demas estab- lecimientos de caridad d beneficencia. Finalmente, las relaciones y comunicacion de los catdlicos existentes en los inismos territo- rios, con sus respectivas autoridades eclesiasticas, seran francas, libres y sin embarazo alguno, aun cuando las uichas autoridades tengan su residencia dentro de los limites que quedan marcados a la republica Mexicana en este tratado mientras no se haga una nueva deniarcacion de distritos eclesiasticos, con arreglo a las leyes de ia Iglesia catdlica. 10°. Los Mexicanos residentes en territorios pertenecientes antes a Mexico, y que quedan ahora dentro de los limites demarcados a los Estados Unidos, podran en todo tiempo trasladarse a la repub- lica Mexicana conservando en los indicados territorios los bienes que poseen, d enagenandolos y trasladando su valor a donde les convenga, sin que t or esto pueda exigirseles de parte de los Es- tados Unidos ningun genero de contribucion, gravamen d impuesto. Si las personas de que se trata, prefieren permanecer en los terri- torios en que ahora habitan, podran conservar el titulo y los dere- chos de ciudadanos Mexicanos; d adquirir desde luego el titulo j derechos de ciudadanos de los Estados Unidos si asi lo quisieren. Mas en todo caso ellos y sus bienes disfrutaran de la mas amplia garantia. 11°. Todas las concesiones de tierras, hechas por autoridades Mexicanas en territorios pertenecientes antes a la republica y que por este tratado quedan para lo futuro dentro de los limites de los Estados Unidos, son validas y subsistentes, y seran sostenidas y guardadas en todo tiempo por el gobierno de los dichos Estados Unidos. 12°. La republica de los EstadosUnidos se compromete solemne- mente a no admitir en lo de adelante la agregacion a ella de ningun [52] 378 distrito, 6 territorio comprendido en los limites que por el presente tratado se senajan a la republica Mexicana. Este solemne compro- mise tiene el caracter de condicion de las cesiones territoriales que ahora hace Mexico a la repiibliea de Norte America. 13°. Todos los efectos existentes en los puertos Mexicanos ocu- pados por las tropas Norte Americanas satisfaran los derechos que establece el arancel de la repiibliea Mexicana siempre que no los hayan satisfecho anteriormente a la misma republica; pero no in- curriran en la pena de comiso. 14°. El gobierno de los Estados Unidos satisfara en terminos de justicia los reclamos de los ciudadanos Mexicanos por los perjucios que de parte de las tropas Norte Americanas han resentido en sus intereses. 15°. El presente tratado sera ratificado, &c. Casa de Alfaro en la Calzada de Chapultepec, Septiembre 6 de 1847. Los infrascritos comisionados por el gobierno de la re-Dublica Mexicana para concertar con V. E. un ajuste de paz, al poner en sus manos el contraproyecto que han formado con arreglo a las ultimas instrucciones de su gobierno, estiman oportuno acompanarlo de las observaciones que contiene esta nota, las cuales serviran para poner mas en claro las pacifica:; disposiciones de Mexico en la con- tienda que desgraciadamente divide a ambos paises. El art. 4 del proyecto que V. E. se sirvio entregarnos la tarde del 27 de Agosto proximo pasado, y sobre el cual han rodado nuestras conferencias posteriores, importa la cesion por parte de Mexico. — 1°, del Estado de Tejas. — 2°, del territorio, fuera de los limites de dicho Estado, que corre a la orilla izquierda del Bravo hasta la frontera meridio- nal de Nuevo Mexico. — 3°, de tod© e! Nuevo Mexico. — 4°, de las dos Californias. La guerra que hoy existe, se ha empenado vinicamente por razon del territorio del Estado de Tejas, sobre el cual la republica de Norte — America presenta como titulo la acta del mismo Estado en que se agregd a la confederacion Norte- Americana, despues de haber proclamado su independencia de Mexico. Prestandose la republica Mexicana (como hemos manifestado a V. E. que se presta) a con- sentir, mediante la debida indemnizacion, en las pretensiones del gobierno de Washington sobre el territorio de Tejas, ha desapare- cido la causa de la guerra, y esta debe cesar, puesto que falta todo titulo para continuarla. Sobre los demas territorios comprendidos en el articulo 4 del proyecto de V. E., ningun derecho se ha ale- gado hasta ahora por la republica de Norte-America, ni creemos posible que se alegue alguno. Ella, pues, no podria adquirirlos sino por titulo de conquista, 6 por el que resultara de la cesion y venta que ahora le hiciese Mexico. Mas como estamos persuadidos de que la republica de Washington no solo repelera absolutamente sino que tendra en odio el primero de estos titulos; y como por otra parte fuera cosa nueva y contraria a toda idea de justicia el que se hiciese guerra a un pueblo por sola la razon de negarse el a vender 379 [ 52 ] cl territorio que un vecino suyo pretende comprarle; nosotros espe- ramos de la justicia del gobierno y pueblo de Norte-America, que las amplias modificaciones que tenemos que piyDponer & las cesiones de territorio (fuera de el del Estado de Tejas) que se pretenden en el citado articulo 4°, no sera motivo para que se insista en una gu- erra que el digno general de las tropas Norte Ainericanas justarnente ha calificado ya de desnaturalizada. En nuestras conferencias hemos hecho presente a-V. E. que Mex- ico no puede ceder la zona que queda entre la margen izquierda del Bravo y la derecha del Nueces. La razon que para esto se tiene, no es solo la plena certeza de que tal territorio jamas ha pertenecido al Estado de Tejas; ni tampoco el que se haga de 6\ grande estimaj considerado en si mismo. Es que esa zona, con el Bravo a su es- palda, forma la frontera natural de Mexico, tanto en el orden mili- tar como en el de comercio; y de ningun pueblo debe pretenderse, ni puede, ningufi pueblo, consentir en abandonar su frontera. Mas para alejar todo motivo de duelo en el porvenir, el gobierno, de Mexico se compromete a no fundar nuevas problaciones, ni estable- cer colonias en el espaeio intermedio entre los dos rios: de modo que conservandose en el estado de despoblacion en que hoy se halla, preste igual seguridad a ambas republicas. La conservacion de este territorio es segun nuestras instrucciones una condition sine qua non de la paz. Sentimientos de honor y delicadeza (que el noble ca- racter de V. E. sabra estimar dignamente) mas todavia que un cal- culo de intereses, impiden a nuestro gobierno consentir en la des- membracion de Nuevo Mexico. Sobre este punto creeroos superfiuo agregar nada a lo que de palabra hemos tenido la honra de espo- nerle en nuestras conferencias. La cesion de la Baja California, poco provechosa para la repiib- lica de Norte-America, ofrece grandes embarazos a Mexico, con- siderada la posicion de esa peninsula frente a nuestras costas de Sonora, de las cuales la separa el estrecho golfo de Cortes. V. E. ha dado todo su valor & nuestras observaciones en esta parte, y con satisfaccion le hemos visto ceder a ellas. Bastaria el hecho de con- servar Mexico la Baja California, para que le fuese indispensable guardar una parte de laAlta,pues de otra manera aquella peninsula quedaria sin comunicacion por tierra con el resto de la repiiblica; lo cual es siempre de grande embarazo, especialmente para una po- tencia no maritima como Mexico. La cesion que por nuestro gobi- erno se ofrece (mediante la debida compensacion) de la parte de la Alta California que corre desde el grado 37 arriba, no solo propor- ciona a los Estados-Unidos la ad quisicion de un escelente litotal, de fertiles terrenos y tal vez de minerales intactos, sino que le pre- senta la ventaja cbe continuar por alii sin interrupcion s-us posesiones del Oregon. La sabiduria del gobierno de Washington y la loable aplicacion del pueblo Americano, sabran sacar dpimos frutos de la importante adquisicion que ahora le ofrecemos. En el art. 8 del proyecto de V. E., se pretende la concesion de un paso libre por el istmo de Tehuantepec para el mar del sur, en favor de los ciudadanos Norte-Americanos. Verbalmente hemos manifestado a V. E. que hace algunos afios esta otorgado por el go- bierno de la republica a un empresario particular, un priyilegio [52] 380 sobre esta materia, el cual fue luego enagenado con autorizacion del inismo gobierno a siibditos ingleses, de cuyos derechos no puede disponer Mexico. V. E., pues, no estranara que en este punto no accedainos a los deseos de su gobierno. Heeinos entrado en esta sencilla esplicacion de los motivos que tiene la republica para no prestarse a enagenar todo el territorio que se le pjde fuera del Estado de Tejas, porque deseamos que el gobierno y pueblo Norte-Americanos se persuadan de que nuestra negativa parcial no procede de sentimientos de aversion, engendra- dos por los antecedentes de esta guerra, 6 por lo que en ella se ha hecho padecer a Mexico, sino que descansa en consideraciones die- tadas por la razon y la justicia, que obrarian en todo tiempo res- pecto del pueblo mas amigo, y en medio de las raciones de mas estrecha amistad. Las demas alteraciones que hallara V. E. en nuestro contraproyecto, son de menor momento, y creemos que no habra contra ellas objecion iraportante. De la que se contiene en el art. 12, se ha hablado antes de ahora en el pais de V. E.; y no- sotros nos lisongeamos de que la lealtad de su gobierno no rehu- sara contraer un empeno tan conforme a la honradez, y a la buena armonia en que deben vivir los pueblos vecinos. : La paz entre ambos paises quedara mas sdlidamente establecida, si una potencia amiga (la Inglaterra) que tan noblemente ha ofre- cido sus buenos oficios a Mexico y los Estados Unidos en la pre- sente contienda, se prestara ahora a otorgar su garantia para la fiel guarda del tratado que se ajuste. EI gobierno de Mexico entiende que seria muy conveniente solicitar esa gatrantia. Nos ordeno nuestro gobierno recomendar a V. E. que su resolu- cion sobre el contraproyecto que tenemos el honor de presentarle, se sirva comunicarla dentro de tres dias. La obra buen y saludable de la paz no podra en nuestro juicio llevarse a feliz termino, si cada una de las partes contendientes no se resuelve a abandonar algunas de sus pretensiones originales. Siempre ha sucedido esto, y las naciones todas no han dudado en tales casos hacer grandes sacrificios por apagarla llama a'soladora de la guerra. Mexico y los Estados Unidos tienen razones especi- ales para obrar asi. No sin rubor debemos confesar que estamos dando a la humanidad el escandalo de dos pueblos cristianos, de dos republicas al i'rente de todas las monarquias, que se hacen mii- tuamente todo el mal que pueden por disputas sobre limites, cuando nos sobra tierra que poblar y cultivar en el hermoso hemisferio en que nos hizo nacer la Providencia. Nosotros nos atrevemos a recom- endar estas consideraciones a V. E., antes de que tome una resolu- cion definitiva sobre nuestras proposiciones. Nos honramos en ofrecerle con este motivo toda nuestra atencion y respeto. JOSE J. DE HERRERA. BERNARDO COUTO. IGNACIO MORA Y VILLAMIL. MIGUEL ATRISTAIN. A. S. E. el Sr. D. -Nicolas Trist, Cornmisionado con plenos poderes por el gobierno de los Esta- dos Unidos cerca del gobierno de la republica Mexicano. 381 [ 52 ] Contestaciones habidas entre el senor general- en- gefe del ejercito de los Estados Unidos y el supremo gobierno de la republica Mexi- cana. CUARTEL GEN. DEL EJERCITO DE LOS EsTADOS UnIDOS DE AMERICA, Tacubaya, Setiembre 6 de 1847. Senor: El articulo 7° asi como el 12 que estipulan que el trdfico del comercio de ningun modo se interrumpird, del armisticio d con- vencion militar que tuve el honor de ratificar y cangear con S. E. el 24 de Agosto ultimo, han sido repetidas veces violados poco des- pues de firmado el armisticio por parte de Mexico, y ahora tengo muy buenas razones para creer que en las 48 ultimas horas, si no antes, el articulo 3° de la convencion fue igualmente violado por la misma parte. Estos ataques directos a la buena fe dan a este ejercito un pleno derecho para romper las hostilidades contra Mex- ico sin anunciarlas antes; pero concedo el tiempo necesario para una esplicacion, una satisfaccion y una reparacion, si es posible, pues de lo contrario declaro ahora mismo formalmente, que si no recibo une satisfaccidn completa de todos estos cargos antes de las doce del dia de manana, considerare el espresado armisticio como terminado despues de aquella bora. Tengo el honor de ser de V. E. obediente servidor, WINFIELD SCOTT. A. S. E. el Presidents y General-en-gefe de la Republica de Mexico. Es copia de la traducion. — Mexico, Setimbre 7 de 1847. JOSE DE ROMERO. CuARTKL C >'"'RRAL DEL EJERCITO DE LA REPUBLICA MeXICANA, Mexico, Setiembre 6 de 1847. son: Po. la nota de V. E. de esta fecha me he enterado con :.< tsa, que cmsidera violados por las autoridades civiles y mili- '.arcH iVK'xicanas, los articulos 7, 12, y 3 del armisticio que conclui con V. E. el dia 24 del mes pasado. Las autoridades civiles y militares Mexicanas no han impedido el paso de viveres para el ejercito Americano, y si alguna vez se ha retardado su remision, ha sido precisamente por la iraprudencia de los agentes Americanos, que sin ponerse previamente de acuerdo con las espresadas autoridades, han dado lugar a la eferveseencia popular que ha costado mucho trabajo al gobierno Mexicano repri- mir. Anoche y antes de anoche han estado listas las escoltas para la conduccion de viveres, y no se verifico su estraccion, porque asi lo quiso el Sr. Hargous, encargado de verificarlo. Las ordenes dadas para suspender el trafieo entre los dos ejercitos, se dirigid a los particulares y no & los agentes del eje-rcito de los Estados Uni- dos, puntualmente para hacerla mas espedita, reduciendola a este solo objeto. Eh cambio de esta conducta^V. E. ha prohibido a lor [52] 382 dueiios 6 administradores de los molinos de trigo de las inmediaci- ones de esta ciudad, la importacion de harinas en ella, lo que ha abierto una verdadera brecha en la buena fe que V. E. me pro- metia. Es falso que alguna obra nueva de fortificacion se haya erapren- dido, porque uno li otro reparo ha servido para restablecerlas en el estado que tenian el dia del armisticio, porque casualidades 6 con- veniencias del momento, habian hecho destruir las obras preexis- tentes. Muy anticipadas noticias habia adquirido del estableci- miento de una bateria cubierta con la tapia de la casa llamada de Garay, en esa villa, y no habia reclamado, porque la paz de dos grandes republicas no podia hacerse de pender de cosas, graves en si mismas, pero que valen poco respecto del resultado en que se interesan todos los amigos de la humanidad y de la felicidad del continente Americano. No sin dolor y aun indignacion, he recibido communicaciones de las ciudades y pueblos ocupados por el ej£rcito de V. E. sobre la violacion de los templos consagrados al culto de Dios, sobre el robo de los vasos sagrados y profanacion de las imagenes que ve- nera el pueblo Mexicano. Profundamente me ha afectado de las quejas de los padres y esposes sobre la violencia ejercidas en sus hijas y esposas; y esas mismas ciudades y pueblos han sido saquea- dos no solamente con violacion de.l armisticio, sino "aun de los prin- cipios sagrados que proclaman y observan las naciones civilizadas. Silencio habia guardado hasta ahora por no entorpecer una nego- ciacion que prestaba esperanzas de terminaruna guerra escandalosa y que V. E. ha caracterizado con el nombre de desnoturalizada tan justamente. Mas no insistire er\ ofrecer apologias, porque no se me oculta que la verdadera, la indisimulable causa de las amena- zas de rompimiento de hostilidades que contiene la nota de V. E., es que nome he prestado a suscribir un tradado que menoscabaria considerablemente no solo el territorio de la republica, sino tam- bien esa dignidad y decoro que las naciones defienden a todo trance. Y si estas consideraciones no tienen igual peso en el animo de V. E. suya sera la responsibilidad ante el mundo, que bien penetra de parte de quien esta la moderacion y la justicia. Yo me lisongeo de que V. E. se convencera en medio de la calma, del fundamento de estas razones. Mas si por desgracia no se bus- care mas que un pretesto para privar a la primera ciudad del con- tinente Americano de un recurso para la parte inerme de su pobla- cion, de librarse de los horrores de la guerra, no me restara otro medio de salvarla; que repeler la fuerza con la fuerza, con la de- * cision y energia que mis altas obligaciones me prescriben. Tengo el honor de ser de V. E. muy obediente servidor, ANTONIO LOPEZ DE SANTA ANNA. A. S. E. el General Winfield Scott, General-en-gefe del ejercito de los Estados Unidos de America. Es copia de la original. — Mexico, Setiembre 7 de 1847. JOSE D. ROMERO. % 383 [ 52 ] Exmo. Sr: Aunque cada dia hemos dado cuenta al supremo go- bierno de Io occurrido en nuestras conferencias con el Exmo. Sr. D. Nicolas Trist, comisionado con plenos poderes por los Estados Unidos, creemos sin embargo oportuno recapitular aqui por escrito, lo que de palabra hemos tenido la honra de esponerle largamente. La tarde del 27 de Agosto proximo pasado, nos reunimos por pri- mera vez en el pueblo de Atzcapuzalco. Cangeados los poderes, encontramos los del Sr. Trist ainplisimos para transigar todas las i differencias existentes entre Mexico y los Estados Unidos, fijar los limites de arabos paises, y ajustar definitivamente la paz. Los nues- tros estaban restringidos a recibir las proposiciones de su gobierno, si venian redactadas por escrito; y a consignarlas de acuerdo con el, el un mernorandun, si se nos hacian verbalmente. Como el Sr. Trist hubiese hecho alguna observacion sobre la limitacion de nues- tros podores, satisfacimos a ella manifestandole que llegada la sazon de tratar, se presentaria una autorizacion cumplida. Inmediata- mente nos entrego el proyecto de tratado, que aquella misma noche pusimos en raanos del Senor Presidente. Por conclusion nQS pro- puso el Sr. Trist, senalar para lugar de nuestras conferencias ulte- xiores, una-quinta de que se le habia hablado, sita en las inmedia- ciones de Chapultepec, y menos distante de Tacubaya, donde ha tenido el su residencia, y de M6xico donde estabamos. nosotros. Ofreciinos tomar noticia del lugar designado, y quedamos empla- zados para el siguiente dia. La conferencia en el se redujo a manifestarle que estabamos de acuerdo en la quinta que habia elegido (la que Hainan vulgarmente del inquisidor Alfaro) y a citar nuestra tercera reunion para el mier- coles 1° del corriente, por necesitar el gobierno los dias interme- dios para examinar con la madurez debida el proyecto presentado, fijar sobre el su resolucion, y darnos las instrucciones a que debia- mos ajustarnos. El miercoles exhibimos los plenos poderes que se sirvio confe- rirnos el supremo gobierno, y entramos con el Sr. Trist en larga aunque sosegada discusion, sobre los puntos capitales del proyecto, la cual ee continue por todo el jueves siguiente. De sus porme- nores hemos instruido al supremo gobierno: el punto en que por resultado de ella quedo la negociacion, fue este : el Sr. Trist se mostr6 dispuesto a abandonar su primera pretension sobre la Baia California y sobre una parte de la Alta, para que aquella pueda comunicarse por tierra con Sonora. Ofrecio que si no quedaba otro punto de diferencia para concluir la paz que ei relativo al territorio que se prolonga entre el Bravo y el Nueces, consultaria sobre 6\ a su gobierno con alguno esperanza de buen exito, si bien este paso debia ocasionar una demora de cuarenta y tantos dias en la ne«-o- ciacion. Mas la cesion del Nuevo Mexico por nue6tra parte era condicion de que no podia separarse, ni aun someterla a nueva con- sulta en Washington, por la plena certeza que tenia de que su go- bierno la considera como condicion sine qua ncn de la paz. Los " otros puntos que se tocan en el proyecto, nos parecieron allana- bles, adoptandose terminos de acomodamiento por" ambas partes: tal £ lo menos fue el juicio que formamos en las conferencias. Dada cuenta ai supremo gobierno de lo occurrido V. E. nos co- [52] 384 munic6 su final resolucion en nota de ayerj conforme a la cual y con aprobacion del gabinete en consejo de ministros, estendimos ininediatamente y entregainos en el misrao dia al Sr. Trist el con- tra-proyecto y nota, cuyas copias son adjuntas bajo los nuraeros 1 y 2. Sin nueva discusion ofrecio contestar pa/a hoy, y lo ha hecho en efecto con el oficio de que es copia el nuraero 3. El pone ter- mino a la comision con que se sirvio" honrarnos el supremo gobier- no, si bien de un modo contrario al que sinceramente deseabamos y hemos procurado en toda la negociacion. R6stanos solo decir que en nuestras relaciones con el Sr. Trist, no hemos hallado sino motivos para apreciar su noble caracter; y que si alguna vez llega a consumarse la obra de la paz, sera por medio de negociadores adornados de las estimables prendas que en nuestro juicio distinguen a este ministro. Sirvase V. E. dar cuenta con todo al supremo gobierno, y recibir nuestra attncion y respeto. Dios y libextad! Mexico, a 7 de Setiembre de 1847. JOSE J. DE HERRERA. BERNARDO COUTO. IGNACIO MORA Y VILLAMIL. MIGUEL ATRISTAIN. Exmo. Sr. Ministro de Relaciones Interiores y Esteriores. [confidential. J Message from the President, in answer to the resolution of the Senate of the $th instant, relating to despatches from Nathaniel P. Trist. March 9, 1848. Read, and ordered to lie on the table. To the Senate of the United States: In answer to the resolution of the Senate of this date, requesting the President to communicate to that body, u confidentially, any additional despatches which may have been received from Mr. Trist, and especially those which are promised by him, in his let- ter to Mr. Buchanan of the 2d of February last, if the same have been received," I have to state, that all the despatches which have been received from Mr. Trist, have been heretofore communicated :o the Senate. JAMES K. POLK. Washington, "March 8, 1848. SFP -1 I - LE "i! bLt L] 1