407 
 
 196 SPEECH 
 
 •py 1 
 
 HON. THOMAS J. RUSK, OF TEXAS, 
 
 THE MEXICAN WAR. 
 
 DELIVERED 
 
 !N THE SENATE OF THE UNITED STATES, FEBRUARY 15, 1848. 
 
 WASHINGTON: 
 
 PRINTED AT THE CONGRESSIONAL GLOBE OFFICE. 
 
 1848. 
 
THE MEXICAN WAR 
 
 The Senate having resumed the consideration of 
 
 the Bill to raise, for a limited time, an additional 
 
 Military Force — 
 
 Mr. RUSK said: 
 
 Mr. President: When thi.s bill was introduced 
 I had no disposition to trouble the Senate with any 
 remarks; but tlie discussion has taken a much 
 wider range than I anticipated, having gone into 
 the causes and consequences of tlie existing war 
 with Mexico. It has been assumed, on one side, 
 that the war was not begun by Mexico, but that 
 it was commenced by the unauthorized and un- 
 constitution.Tl act cf the President of the United 
 States. With a view to maintain this position, a 
 new boundary line has been assigned to Texas, 
 the State which I have the honor in part to repre- 
 sent, which is said not to extend to the Rio Grande, 
 its true boundary, as I am prepared to prove, but 
 only to the river Nueces. The assumption, sir, 
 of this position, renders it due to myself, due to 
 the State of Texas, and due to the widows and 
 orphans of s;ime of the brave men who fell in our 
 struggle with Mexico for our independence, that I 
 should address the Senate, particularly on this 
 branch of the subject. Now, sir, I venture to as- 
 sert, that when all the facts shall have been made 
 known to the country, no clearer question ever ex- 
 isted, than that the Rio Grande is the true bound- 
 ary of Texas. 
 
 Before, however, I commence the discussion of 
 the question of boundary, it may not, perhaps, be 
 improper for me to allude, briefly, to the causes 
 which led to the Texan revolution, and the subse- 
 quent struggle betv/een that country and Mexico. 
 I am av/are, sir, that the people of Texas have 
 been calumniated as a band of assassins, land rob- 
 bers, and a set of Gcd-forsaJcen, reckless desperadoes, 
 and it seemed, the other day, to "afford the honor- 
 able Senator from Vermont no small degree of 
 pleasure to rake up old newspaper articles, pub- 
 lished ten or twelve years ago, rivalling, if they 
 do not surpass, th.e plentiful abuse heaped upon us 
 by the Mexicans themselves during our contest. 
 
 Mr. UPHAM. I certainly did not read those 
 papers for the purpose of reflecting upon the char- 
 acter of the Texans. It was for the purpose of 
 showing the views of the Democracy of the North 
 at the time when annexation was first announced 
 to the country. 
 
 Mr. RUSK. I did not understand the Senator 
 as endorsing the statements, but still, they prove 
 the fact that such abuse has been lavished upon 
 Texas, and is perhaps at present circulated. Now, 
 sir, it is not necessary that I should rise in my 
 place, for the purpose of defending the character 
 of the people of Texas from newspaper slanders. 
 Their conduct, sir, is a sufficient vindication of 
 
 them against such assaults, and the more their true 
 character is known, the more it will be seen that 
 they are entitled to respect and confidence. I will 
 further venture to assert, that when the whole of 
 the circumstances connected with her revolution 
 and separation from Mexico shall become known, 
 it will be admitted by every disinterested indivi- 
 dual, that no people on the face of the earth ever 
 had a more just cause of revolution than had the 
 people of Texas. Whatever may have been said 
 in regard to our being land-robbers, there were, at 
 the commencement of our struggle for independ- 
 ence, and are still many, very many, in Texas, 
 v/ho dare believe that we are indebted for our final 
 success to the beneficent providence of a just and 
 righteous God. And, Mr. President, I think it 
 may be safely said, that we manifested no small 
 degree of confidence in the justice of our cause, 
 when, with a population of less than thirty thou- 
 sand, ws dared to appeal to arms, in a contest with 
 a nation of eight millions. But, sir, I proceed. 
 
 I might here go back and array names that would 
 command respect, and among them the names of 
 such men as Mr. Monroe, Mr. Madison, Mr. Jef- 
 ferson, and Mr. Clay, to establish the fact that the 
 territory of Texas extended originally to the Rio 
 Grande. But it is unnecessary for my present 
 purpose to do so. The boundary of Texas, as 
 nov/ claimed, is the boundary established by revolu- 
 tion, and that boundary is the Rio Grande. 
 
 Mexico, after having adopted constitutions. State 
 and Federal, conforming very nearly to those of 
 the United States, passed liberal laws, and held 
 out strong inducements to the people of every 
 clime, to encourage the settlement of Texas. This 
 was done not so much for the benefit of those who 
 might take up their abode within that district of 
 country, as for the purpose of redeeming that valu- 
 able portion of her territory from the dominion of 
 the savage which Mexico iiad struggled to accom- 
 plish, but without success, for centuries past. 
 
 Before Austin went into Texas with his colo- 
 nists, hostile Indians roamed in bands throughout 
 the country unrestrained. They were constantly 
 committing depredations, robbing the people of 
 their property, and carrying into abject bondage 
 the women and children of the frontier settlements. 
 For the purpose, then, of driving out this ruthless 
 foe, were inducements held out to the colonists to 
 settle there. Until the year 1834, with but few 
 interruptions, there existed a state of peace and 
 quietness. In that year Santa Anna, at the head 
 of the military power, overthrew the constitution 
 of 1824, abolished the State governments, and es- 
 tablished one of the most tyrannical and absolute 
 governments that ever existed. The government 
 thus established by Santa Anna is misunderstood 
 
here — it was an absolute government. It is true 
 that there was the name of a Congress, but it was 
 the name alone. The President was, in reahty, 
 the Supreme Dictator. He called a Conj^ress of 
 notables around him, but that Congress was en- 
 tirely subservient to his will. Another feature in 
 the central constitution was, that the President had 
 the power to appoint, at his pleasure, an Execu- 
 tive Council, from the different portions of the com- 
 munity, the industrial classes, the priesthood, the 
 military, the commercial and others. They were, 
 however, from the very nature of the tenure of their 
 offices, his creatures, and, if they were not sub- 
 servient to his views, he could remove them at his 
 pleasure. Again: it was one of the fundtmiental 
 articles of this Central Government, that the Presi- 
 dent, with the advice of his council, might suspend 
 the action of any other department of the Govern- 
 ment, so that, in reality, absolute power was vest- 
 ed in the President. 
 
 The people of Texas were unwilling to com- 
 mence the revolution — they were anxious to avoid 
 a coUision with Mexico. They sent Austin to 
 Mexico to represent their condition, and to ask 
 some guarantee that they should not be disturbed 
 in the enjoyment of their rights. Without any 
 cause, and even without charges having been pre- 
 ferred against him, he was seized and incarcerated 
 in the loathsome dungeons of Mexico; where, in 
 fact, he contracted the disease which terminated 
 his honorable and useful life. In order to carry 
 out the establishment of this Central Government, 
 it became necessary for Santa Anna to possess him- 
 self of all the physical power in Mexico. With a 
 view to this, he procured the passage of a decree 
 requiring the States, as well as individuals, to sur- 
 render up all the arms which they had in their 
 possession. This law was enforced throughout 
 Mexico. State constitutions were destroyed ; States 
 were declared to be mere departments; were de- 
 prived of all legislative authority; and their Gov- 
 ernors were appointed by the Central Government. 
 This law was, as I have said, enforced all over 
 Mexico, although there were some States which 
 held out for some time against it. The State of 
 Zacatecas, after a sharp contest, yielded, and other 
 States made but a feeble resistance. Texas could 
 not yield to it— she co%ilil not yield to such a de- 
 cree. We were surrounded by hostile Indians, 
 the Camanches and various other tribes, who were 
 committing depredations on our frontiers. The 
 Indians settled amongst us greatly exceeded our 
 own population in point of numbers, and it was 
 known that Mexican agents had been among them 
 urging them to take up the tomahawk and scalp- 
 ing-knife, and exterminate the Texans. If we had 
 submitted to have our arms taken from us, the 
 result would have been indiscriminate massacre. 
 Under such circumstances, there is scarcely any 
 one, I presume, who would have asked us to give 
 up our arms, even to avoid the chai'ae of being 
 land robbers. An attempt was made by Santa Anna 
 to enforce this law in Texas. Tiie Legislature of 
 Coahuila was attacked , for merely proiesihig- against 
 the action of the Central Government, audits mem- 
 bers were seized and imprisoned. 
 
 In this state of confusion, the people of the vari- 
 ous municipalities had elected delegates to meet in 
 general consultation, at San Felipe, to determine 
 whether we would submit to the Central Govern- 
 ment, and to agree upon some definite course of 
 
 combined action. This convention was to assem- 
 b!e in October, 1835. 
 
 About this time, however, General Cos, at the 
 head of an army of Central troops, crossed the Rio 
 Grande, left a garrison at Linantitlan, on the west 
 side of the Nueces, and one at Goliad, and march- 
 ed with his main force to San Antonio, where he 
 established his headquarters. During this march, 
 there was no movement on our part to take up 
 arms; we were quietly assembling at San Felipe to 
 consult as to what course We should adopt. About 
 the time General Cos reached San Antonio, he sent 
 a detachment of two hundred cavalry to Gonzales, 
 a small town in the neighborhood of that place, to 
 demand from its citizens the surrender of a small 
 piece of ordnance, which had been purchased by 
 them as a means of defence against the Indians. 
 They asked twenty-four hours to consider, and 
 finally refused to surrender their cannon, but gave 
 the assailants its contents, and a fight ensued be- 
 tween them and the Mexican cavalry; and thus, 
 sir, the revolution commenced. 
 
 As the news of this occurrence spread, the citi- 
 zens from all quarters sliouldered their rifles and 
 hurried to the contest. Captain Dimmit raised a 
 company of men, took the garrison at Goliad, 
 marched to Lipantitlan, where he was joined by 
 citizens residing on both sides of the Nueces, as 
 well as some who resided on the Rio Grande; and, 
 at the head of this combined force, captured the 
 fort and dispersed the Central troops. 
 
 The convention, which had in the meanwhile 
 assembled at San Felipe, declared against the Cen- 
 tral Government, and protested against the military 
 despotism of Santa Anna, and in favor of the con- 
 stitution of 1824, inviting all the States of the Con- 
 federacy to join them in restoring that constitution 
 and reclaiming their liberties. General Cos, who 
 had been closely besieged in his fortifications at 
 San Antonio, capitulated, after having been beaten. 
 Many of the citizens who resided between the 
 Nueces and the Rio Grande, were attached to the 
 army which captured General Cos. Now, sir, I 
 would ask, was it not right that we should include 
 them in the benefits of our victory, and provide for 
 their safety? I say, sir, would it have been just or 
 honorable in those of us who resided east of the 
 Nueces, to have provided for our own security, 
 and to have left those west of that river, from whom 
 we had received valuable aid, to the tender mercies 
 of the Mexican Dictator? We did provide for their 
 safety — many of them have since fallen — we have 
 always asserted and stood by the rights of their 
 widows and orphans, and, anxious as we were for 
 peace and a termination of the war with Mexico, 
 there never has been a tiine when Texas would 
 not liave hazarded her very existence as a nation, 
 in any contest, however unequal, rather than have 
 abandoned them to the enemy. Life and liberty 
 were the stakes for which we fought — mere terri- 
 tory was a secondary, very secondary considera- 
 tion. These people had dared to resist the central 
 power — theyShad periled everything and had join- 
 ed us — had rendered important services, and we 
 had cheerfully accepted their aid in the hour of 
 adversity, and I, for one, sir, think it was not dis- 
 creditable to us that we regarded their rights and 
 stipulated for their security in our prosperity. 
 General Cos was forced to enter into a capitulation 
 which protected the rights of those citizens, and 
 which forms the first hnk in the chain of our title 
 
to the territory extending to the Rio Grande. Mr. 
 President, I will ask the favor that the Secretary 
 will read the copy of that instrument which I hold 
 in my hand. The Secretary read as follows: 
 
 Capitulation entered into by General Martin Perfcdo de Cos, 
 of the Permanent troops', and General Edward Burleson, of 
 the Colonial troops of Texas. 
 
 Being desirous of preventing the fuitlier effusion of blood, 
 and the ravages of civil war, we liave agreed on tlie follow- 
 ing stipulations: 
 
 l.-^t. That General Cos and his officers retire with their 
 arms and private property, into the interior of the republic, 
 under parole of honor, that they will not in any way oppose 
 the establishment of the fedtral constitution of 1824. 
 
 2d. That the one hundred infantry lately arrived with the 
 convicts, the remnant of the battalion of Moielos, and Uie 
 ciivalry, retire with the General, taking their arms, and ten 
 rounds of cartridges for their muskets. 
 
 3d. That the General take the convicts lately brought in 
 by Colonel Uaartachea beyond the Rio Giande. 
 
 4th. That it is discretionary with the troops to follow their 
 General, remain, orgo to such point as they may deem prop- 
 er; but in case they should, all orany of them, separate, they 
 are to have tlieir arms, &.c. 
 
 .'Jth. That all the public property, money, arms, and 
 nmnitions of war, be inventoried and delivered to General 
 Burleson. 
 
 6th. That all private property be restored to its proper 
 owners. 
 
 7th. That three officers of each army be appointed to 
 make out the inventory, and see that the terms of capitu- 
 lation be carried into eti'ect. 
 
 eih. That three olncers on Ihe part of Gen. Cos remain for 
 the purpose ofdelivering over the said property, stores, &c. 
 
 9th. That General Cos with his force, for the preseiip 
 occupy the Alamo; and General Burleson, with his force, 
 occupy the town of Bexar ; and that the soldiers of neither 
 party pa.-s to the other, armed. 
 
 10th. General Cos shall, within six days from the date 
 hereof, remove his force from the garrison he now occitpies. 
 
 nth. In addition to the arms before mentioned. General 
 Cos shall he permitted to take with his force a four-pounder 
 and ten rounds of powder and ball. 
 
 12th. The otficers appointed to make the inventory and 
 delivery of the stores, &c., shall enter upon the duties to 
 which they have been appointed, forthwith. 
 
 13th. The citizens shall be protected in their persons and 
 property. 
 
 14th." General Burleson will furnish General Cos with 
 such provisions as can be obtained, necessary for his troops 
 to the Rio Grande, at the ordinary price of the country. 
 
 loth. The sick and wounded of General Cos's army, 
 together with a surgeon and attendants, are permitted to 
 remain. sP'* 
 
 16th. No person, either cifi.'.en or soldier, to be molRted 
 <ui account of his political opiiiions hitherto expressed. 
 
 17th. That duplicates of this capitulation be made out in 
 Castilian and Eiigii-h, and sisned by the commissioners ap- 
 pointed, and ratified by the commanders of both armies. 
 
 18th. The prisoners' of both armies, up to this day, shall 
 be put at liberty. 
 
 19th. The Ciammissioiiers, Jos6 Juan Sanchez, adjutant 
 inspector, Don Ramon Musquiz. and Lieutenant Francisco 
 Rada, and interpreter, Don Miguel Arciniiga, appointed by 
 the coimnandant and inspector General Martin Perfecto de 
 Cos, in connection with Colonel F. W. Johnson, Major R. 
 ('. Morris, and Captain J. G. Swisher, and interpreter John 
 Cameron, appointed on the part ofGeneral Edward Burleson, 
 after a long and serious discussion, adopted the eighteen pre- 
 ceding articles, reserving their ratification by the Generals of 
 both armies. 
 
 In virtue of which, we have signed this instrument in the 
 city of Bexar, on the Uth of December. 183.5. 
 JO.SE JUAN .SANCHEZ, 
 RAMON MU.-*Ut'IZ. 
 J. FRANCISCO DE RADA, 
 MIGCEI. ARCINtEGA, Interpreter. 
 F. VV. JOHNSON, 
 RORERTC. MORRIS, 
 J.\MES G. SWISHBR. 
 JOHN C.AMEitON, Interpreter. 
 I consent and will observe the above articles. 
 
 MARTIN PERFECTO DE COS. 
 Ratified and approved. 
 
 EDWARD BURLESON, 
 Commaniier-in-Chief of the Volunteer Army. 
 A true copy. EDWARD BURLESON, 
 
 Commamler-in- Chief. 
 
 General Cos, sir, with his convicts and soldiers, 
 retired to the west bank of the Rio Grande. 
 
 Thus, sir, the citizens of Texas, east of the Rio 
 Grande, had, so far, successfully resisted the 
 change of governinent. The military despotism 
 had no foothold remaining on this side of that 
 streain. Up to this time we had been contendmg 
 for the constitution, which had been overthrown, 
 and not for a-separate national existence. 
 
 Santa Anna, bent upon the possession of abso- 
 lute power, was not to be thus baulked in his views. 
 He immediately mustered a lai-ge and well ap- 
 pointed army, and at its head put himself en route 
 for ourexteri-nination. He could not retyiain quiet 
 while a few freemen on this side of the Rio Grande 
 were in the enjoyment of rational liberty, and 
 would not bow and worship at the footstool of his 
 power. The rest of Mexico had submitted; no re- 
 sponse to the shout of constitutional liberty reached 
 us from beyond the Rio Grande. Santa Anna was 
 rapidly advancing upon us, threatening extermin- 
 ation, and we had no alternative left, but to as- 
 sume a separate national existence. A convention 
 was accordingly called in haste, to which the peo- 
 ple between tlie Nueces and the Rio Grande sent 
 delegates. We declared our independence — ap- 
 pealed to the civilized world for the justice of our 
 cause— and trusting to the God of battles, put our- 
 selves in position to defend our rights. Santa Anna 
 advanced with great rapidity, and the first blood 
 that flowed in this campaign was shed upon the 
 territory between the Nueces and the Rio Grande. 
 The Alamo was surrounded, and its brave defend- 
 ers, to a man, perished by the sword. Fanning 
 surrendered, and, in violation of the most solemn 
 stipulations for the safety of his command, he and 
 his gallant men were inhumanly butchered in cold 
 blood. Most of the male inhabitants of the coun- 
 try west of the Nueces found bloody but honor- 
 able graves. Santa Anna continued his rapid 
 advance, spreading ruin and devastation on his 
 path. He was met at San Jacinto by seven hun- 
 dred and eio-hty freemen, and the result is before 
 the world— half of his force was slain, the remain- 
 der, including himself, captured. 
 
 Santa Anna now occupied a delicate position. 
 His life, justly forfeited to us, was held by a doubt- 
 ful tenui-e. ftis government at home was unpop- 
 ular with the great mass of the people. The only 
 support upon which he could rely for political ex- 
 istence, was the army at different points in Texas, 
 now reduced to soiiie five thousand men, under the 
 comrnand of General Filisola. To save his own 
 life, the remnant of his army, and his Government, 
 were important objects. Only the day before, he 
 was the Government of Mexico, now he was a pris- 
 oner. He obtained permission, and wrote to Gen- 
 eral Filisola, who, in his ansu'er, promised to obey 
 implicitly all orders which he should give him. 
 Santa Anna at once proposed to General Houston 
 and the Secretary of War, then in camp, to ac- 
 knowledge the independence of Texas extending 
 to the Rio Grtmde. They declined to enter into 
 negotiations, and turned Santa Anna over to the 
 civil government, (which consisted of a President 
 and Cabinet, ad interim, elected for the emergency, 
 by the Convention.) Santa Anna urged them to 
 enter into negotiations with him, which they did, 
 and which treaty — [here a Senator remarked that 
 it was not a treaty.] I think it was a treaty, sir, 
 and I shall have occasion further to remark upon 
 
it hereafter. I send it to the Secretary's desk for 
 the purpose of having it read. 
 
 Articles of agreement and solemn compact, made awl adopted 
 by Daiid G. Bu-inet, Presvlent of the R-puhlic of Texus, 
 and the uaderu^ned members of the Cabinet tkereof, on the 
 one part, and Don Ant->7tio Lopez de Sar.ta K-inna, Presi- 
 dent of the Republic of Mexico, and Don f-'inccnte PiHsola, 
 General of Division, Don Joie Urea, Don Jo<cUin Ramires 
 y Sesma, and Don jintonio Gaona, Generals of Brigades^ 
 of the armies of Mexico. 
 
 Whereas the President Santa Anna, with divers officers 
 of his late array, is a prisoner of war in cliarge of the army 
 of Texas, and is desirous of terminating tlie contest now 
 existing between the Government ofTexas and that of Mex- 
 ico, in which desire the generals above named do fully con- 
 cur; and 
 
 Whereas the President of the Repuldic of Texas and the 
 Cabinet are also willins: to stay tbe further efl'usion of blood, 
 and to see the twoneigliboriiig Republics placed in relations 
 of friendship on term of reciprocal advantage : 
 
 Therefore, it is agreed by the President Santa Anna and 
 the Generals Don Vincente Filisola,^on Jos6 Urea, Bon 
 Joachin Ramires y Sesma, and Don Antonio Gaona — 
 
 1st. Tiiat tile armies of Mexico shall, with all practicable 
 expedition, evacuate the territory of Texas, and retire to 
 Monterey, beyond the Rio Grande. 
 
 2d. That the armies, in their retreat, shall abstain from all 
 pillage and devastation, and shall not molest any of the citi- 
 zens^of Texas, and shall not carry with them any cattle or 
 other stock more than may be absolutely necessary for their 
 subsistence, for which a just price sl-.all be- paid ; that all 
 private property that may have been captured by either de- 
 tachment of the army shall be depciited at the first conve- 
 nient point of their march, and left nndar a suihcient guard 
 until the proper authorities of Texas shall have possession 
 thereof. 
 
 3d. That the army of Texas are to march westwardly, and 
 to occupy such posts as the commanding general maj« think 
 proper on the east side of the Rio Grande, or Eio Bravo del 
 Norte. 
 
 4th. That President Santa Anna, in his official character as 
 chief of the Mexican nation, and the Generals Don Viuconte 
 Filisola, Don Jose Urea, Don Jfiaciiin Ramires y Sesma, 
 and Don Antonio Gaona, as chiefs of armies, do solemnly 
 acknowled;je, sanction, knd ratify, the full, entire, and per- 
 fect independence of the Republic oi Texas, with such bound- 
 aries as are hereafter set forth and agreed upon for the same. 
 And they do sslemnly and respectively pledge themselves, 
 with all their personal and otiifial attri'mites, to procure, 
 without delay, the final and complete ratification and con- 
 firmation of this agreement, and all the parts thereof, by the 
 proper and legitimate Government of Mexico, by the incor- 
 poration of the same into a solemn and perpetual treat> of 
 amity and commercp, tobc negotiated with that Governnient 
 at the city of Mexico, by ministers plenipotentiary to be de- 
 puted by the Governnient of Texas for this high purpose. 
 
 5th. That the following bs, and the same are hereby, 
 established and made the lines of demarcation between the 
 two Republics of Mexico and Texas, to wit: The line shall 
 commence at the estaary or mouth of the Rio Grande, on 
 the western bank thereof, and shall pursue the same bank 
 up the said river to the point where the river assumes the 
 name of the Rio Bravo del Norte, from vvhich point it shall 
 proceed on the saiil western bank to the head waters, or 
 source of said river, it beins understood that the terms Rio 
 Grande and Rio Bravo del Norte apply to and designate ojie 
 and the same stream. From the source of said river, the 
 principal head branch being taken to ascertain that source, 
 a due north line shall be run until it shall intersect the 
 boundary line established and described in ihe treaty nego- 
 tiated by and between the Government of Spain and the 
 Government of the United States oC the North: which line 
 was suhsecjuently transferred io and adopted in the treaty of 
 limits made between the Government of Mexico and that of 
 the United States; and from this point of intersection the 
 line shall be the same as was made and established in and 
 by the several treaties above mentioned, to continue to the 
 mouth or outlet of the Sabine river, and from thence to the 
 G-uIf of Mexico. 
 
 6th. That all prisoners taken by the forces of Mexico be 
 forthwith released, and be furnished with free passports to 
 return to their homes; their clothing and small arms to be 
 restored to tlieni. 
 
 7th. That all the fortresses of Texas be forthwith restored 
 without dilapidation, and with all the artillery and munitions 
 of war belonging to them respectively. 
 
 8th. The President and Cabinet of the Republic of Texas, 
 exercising the high jjovvers confided to them by tbe people 
 of Texas, do, for and in consideration of the foregoing ttip- 
 
 u'ation, solemnly engage to refrain from taking tlie life ot 
 the President Santa Anna and of the several othcers of his 
 late army, whom the events of war have made prisoners in 
 their hands, and to lib-rate the President Santa Anna, with 
 his private Secretary, and cause him to be conveyed, in one 
 of the national vessels of Texas, to Vera Cruz, in order that 
 he may ln.^re promptly and efl'ectually obtain the ratification 
 of this compact and the negotiations of the definitive treaty 
 herein contemplated by the Government of Mexico witii the 
 Government of Texas. 
 
 9th. The release of the President Santa Anna shall be 
 made immediately on receiving the si:;natures of the Gene- 
 rals Don Vicente Filisola, Don Jos6 Urea, Don Joachin Ra- 
 mires y Sesma, and Don Antonio Gaona, to this agreement, 
 and his conveyance to Vera Cruz as soon afterwards as may 
 be convenient. 
 
 10th. The President Santa Anna, and tlie Generals Don 
 Vincente Filisola, Don Josd Urea, Dju Joachin Ramires y 
 Sesma, and Don Antonio Gaona, do, by this act of subscri- 
 bing this instrnmeni, severally and solemnly plc^dge them- 
 selves on their inviolable parole of honor, that in the event 
 the Mexican Government shall refuse or omit to execute, 
 ratify, confirm, and perfect this agreement, tiiey will not, on 
 any occasion whatever, take op arms againrt the people of 
 Texas, or any portion of them, but will consider themselves 
 bound, by every sacred obligation, to abstain from all hos- 
 tility towards Texas or its citizens. 
 
 11th. That the other Mexican officers, prisoners with Ihe 
 Governnient of Texas, shall remain in custody, as hostages, 
 for the faithful performance of this agreement, and shall be 
 tri'ated with liuniaiiitj, and the respect due their rank and 
 condition, until the final disposition of the Mexican Govern- 
 meiit be ascertained, and a treaty to be predicated u|)on the 
 above stipulations, shall be made or rejected by thai Govern- 
 ment. In the event of a refusal to enter into and ratify 
 such treaty, (m the part of the Mexican Government, the 
 jfitovernnient of Texas reserves to itself the right to dispose 
 wtiiera as they may think proper and equitable, relative to 
 the conduct of the Mexican forces towards the volunteers 
 and soldiers of Texas, who have heretofore falien^into their 
 hands. 
 
 12th. The high contracting parties mutually agree to refer 
 the treaty intended to be executed and solenniiz: d by the 
 two governments of Texas and oi Mexico, on the basis estab- 
 lished in this compact, to the Government of the U;iited 
 States of the North, and to solicit the guarantee of that Gov- 
 ernment for the fulfillment, by the contracting parties respect- 
 ively, of their several engagements : the said parties pledg- 
 ing themselves, in case of any disagreement or defalcation, 
 to submit all matters in controversy to the final deci; ion and 
 ailjustnient of that Governnient. For this purpose the con- 
 tracting parlies shad, as soon as practicable after the ratifi- 
 cation of said treaty, depute one or more Commissioners to 
 the Court of Washington, invested with plenary powers to 
 perfect the object of tftis stipulation. 
 
 iMh. Any act of hostility on the part of the retreating 
 Mf^pkn troops, or any depredation upon public or private 
 property committed by those troops, or any impediment pre- 
 sented to the occupation of any part of the territory of Texas 
 by the forces thereof, on the part of the Mexican troops, 
 shall be considered a violation of this agreement. 
 
 This is the second hnk in the chain of our title. 
 This ireutij, sir, was forwarded to me, (at that time 
 in command of the Texan army,) and was trans- 
 mitted by" me to General Filisola, who confirmed 
 it. Its terms were strictly complied with; General 
 Filisola retiring- with the army to the other side of 
 the' Rio Grande, unmolested; and the Texan force 
 taking possession. 
 
 I grant, you, sir, that Santa Anna, was, at the 
 time he executed this treaty, a prisoner of war — 
 that he was under duress, if you please; that one of 
 its objects was to save iiis life and procure his lib- 
 erty; but 1 must positively deny that it was extorted 
 from him. On the contrary, it was at his most 
 earnest solicitation, repeated and pressed for seve- 
 ral days, that the Government of Texas consented 
 to enter into it. Its obligations were mutual upon 
 Texas and upon Mexico; its benefits were mutual. 
 Texas was to acquire the independence of all the 
 territory east of the Rio Grande. Mexico, on her 
 part, was to save the life of her President, and save 
 her army, which was parric-stricken and completely 
 ill our power. I might adduce many facts to show 
 
that this was strictly true. I will not, however, 
 waste the time of the Senate further than to state 
 one circumstance, which was, that Genera! Am- 
 pudia, who has figured in the present war, surren- 
 dered the rear guard of the Mexican army, consist- 
 ing of four hundred men, with eight pieces of 
 artillery, to Captain Karnes, at the head of twenty- 
 five Texan troops, the main body of our army 
 being forty miles oft', with the river IJrazos between 
 us. Mexico, saved by the truce her army, and, 
 by that means, her Government. She saved the | 
 life and procured the liberty of Santa Anna. If 
 Santa Anna was a prisoner and under duress, Fili- 
 sola, the second in command, was free — was in 
 Texas, at the head of five or six thousand men, 
 with upwards of fifty pieces of artillery, with pro- 
 visions and munitions of war in abundance. Our 
 force did not exceed one thousand men, and we 
 had but two pieces of artillery. Filisola, under 
 these circumstances, sanctioned the treaty, and 
 communicated it to his Government, which re- 
 mained quiet until their army was safe on the other 
 side of the Rio Grande. 
 
 I do not intend to lay much stress upon this 
 treaty, as I believe our title to be clear and unques- 
 tionable independently of it; but, sir, I will leave 
 it to every candid mind to decide whether it be fair, 
 just, and equitable, to permit Mexico to avail her- 
 self of all the benefits which resulted to her, and 
 then turn round and repudiate the obligations im- 
 posed upon her. If this be a principle of the lav/ 
 of nations, it is new to me, and if it be founded on 
 any principle of justice, I have not, I confess, sutfi- 
 cient penetration to discover in what way. If, sir, 
 an agent, unauthorized, if you please to have it so, 
 should sell a tract of your land, at a fair price, and 
 you do not disavow his act, but go on and receive 
 the full consideration agreed upon and appropriate 
 it to your own purposes, is there any court of equi- 
 ty in the world that would not enforce the contract, 
 as between you and the purchaser of the land .' I 
 think not, sir. But we are not forced to rest our 
 cause here. We areamply sustained in our claim, 
 not only by our own declarations and acts, but 
 by the declarations and acts of Mexico subse- 
 quently. After Filisola had abandoned the ter- 
 ritory in question, General Felix Huston, with 
 a detachment of Texan troops, took possession, 
 and kept the Mexican forces on the other side 
 of the Bravo. Up to this time the Mexicans had 
 always maintained a garrison at Laredo, a town on 
 this side of the river. It was necessary for the 
 defence of the inhabitants. But, sir, immediately 
 after General Filisola had retired with his army, 
 they removed this garrison to the other bank of 
 the river, where it remained up to the commence- 
 ment of the present war. The Texan Congress 
 passed an act at its first session, in 1836, declaring 
 our boundary to be the Rio Grande, and of this 
 assertion of our claim Mexico and the whole world 
 were notified. We laid off counties and conferred 
 civil jurisdiction, established land offices, and sent 
 troops there. The Mexicans always kept their 
 foi'ces on the other side of the river, at Mataraoros, 
 Mier, and ppposite Laredo, at all of which places 
 garrisons were permanently kept up, and never 
 afterwards on this side. It is true, Mexicans twice 
 crossed the river and penetrated as far as San An- 
 tonio, but were immediately driven back. On both 
 of these occasions they did not halt in the neigh- 
 borhood of the Rio Grande, but retired into the in- 
 
 terior. Our troops frequently crossed and pene- 
 trated the towns on the other side. In 1843, an 
 armistice was agreed upon between the Govern- 
 ments of Mexico and Texas, which was broken off 
 in the early part of 1844. General Woll was or- 
 dered by Santa Anna to proclaim the armistice to 
 be at an end, and he did so, under date of the 20th 
 June, 1844. I read tlje concluding paragraph of 
 that proclamation: 
 
 " 3d. Every individual who shall be found at tlie distance 
 of one league from the left bank of the Rio Bravo, will be 
 regarded as a favorer and accomplice of the usurpers of that 
 part of the national territory, and as a traitor to his country, 
 and, after a summary military trial, shall be punished as 
 such. ADRIAN WOLL, Gen. of Brigade." 
 
 Now, sir, if the citizens on this side of the Rio 
 Grande were citizens of Mexico or Tamaulipas, if 
 they had a custom-house and had possession, as 
 has been stated, is it not a little unreasonable that 
 General Woll should denounce the citizens of 
 Tamaulipas, the custom-house officers of his own 
 Government, as " traitors," and subject them to 
 capital punishment.' 
 
 It has been said the Mexicans had a custom- 
 house at Brazos Santiago, and that General Taylor 
 found a custoiti-house at Point Isabel, which the 
 Mexicans abandoned and burnt at his approach. 
 Now, sir, the truth is, that the custom-house was 
 at Matamoros and the collector of customs resided 
 there. It was there that the duties were paid on 
 goods landed at Brazos Santiago, or at the mouth 
 of the Rio Grande, on the west side, where, in 
 fact, most of the merchandise intended for the 
 Matamoros market was landed. I believe it is 
 true that the collector did, occasionally, send his 
 deputies to Point Isabel and Brazos Santiago, and 
 they were sometimes accompanied by a military 
 guard. I recollect upon one occasion several hun- 
 dred soldiers were sent down to the latter place. 
 The Mexican Government had, previously to our 
 declaration of independence, passed a law declar- 
 ing the ports of Texas closed against foreign com- 
 merce, which law remained unrepealed. In 1837, 
 the Mexican Government procured what they called 
 a navy, consisting of some three or four ships, one 
 of which, I recollect, the "General Urea," came 
 down to our coast, and captured one or two vessels 
 owned by American citizens, and loaded with mer- 
 chandise belonging to American merchants, and 
 destined for the Texan trade. These vessels were 
 carried to Brazos Santiago. In a few days the 
 commander of the United States ship Natchez, on 
 her way home from a cruise, seeing these vessels in 
 the harbor, demanded of the captain of the "Gen- 
 eral Urea" for what cause they were detained. He 
 was informed that they were prizes captured in an 
 attempt to violate the blockade of Texas. The 
 commander of the Natchez, not being apprized of 
 any blockade, demanded that a copy of the proc- 
 lamation of blockade should be furnished. They 
 were obliged to send up to Matamoros to General 
 Bravo, the collector, for it, and, when it was fur- 
 nished, it turned out to be nothing more than a cer- 
 tified copy of the old law of 1835, closing the ports 
 of Texas against foreign commerce. The com- 
 mander of the Natchez would not recognize this 
 as a blockade, and demanded that the American 
 vessels should be released. This was refused, and 
 the Natchez captured the Urea. A great parade 
 was now made on shore, troops were collected, 
 cannon fired at the Natchez, which was, however, 
 beyond the reach of their shot ; the goods were 
 
8 
 
 confiscated, and many of tlie men on board the i government of the United States there, irrespect- 
 vessels were marched to Matamoros and impris- ' ive of the claim of Texas. Santa Fe, sir, is east 
 oned. The commander of the Natchez brought | of the Rio Grande, and is inchided within the limits 
 the General Urea to Pensacola mid reported the prescribed for Texas, in the treaty with Santa An- 
 whole affair to his Government. The matter end- i na. It is included in our territory by a law passed 
 ed, I think, in the release of the General Urea, and ; by the Texan Congress, in the year 1836; so that, 
 
 I am not sure that an apology was not made to the 
 Mexican authorities. 
 
 But, sir, the Nueces boundary had its origin 
 here. No act of the Mexican Government, nor 
 declaration of any Mexican officer can be produced, 
 showing that Mexico has, upon any occasion, since 
 1836, claimed the territory between the Nueces and 
 Rio Bravo, by any other or different title than that 
 set up by them to the country as far as the Sabine. 
 I might adduce many other facts in support of this 
 position; but I will only trouble the Senate with one 
 more, which is this: General Santa Anna, on the 
 27th of February, 1847, in his report of the battle 
 of Buena Vista, holds the following language: 
 
 " From the impression we had made on the enemy, he 
 did not appear before us for three days ; the bearer of a tisis 
 of truce, however, arrived with a proposition from General 
 Taylor, for an exchange of prisoners, and for our sending 
 for the wounded who had remained on the field. He also 
 expressed to me the desire which the Americans felt for the 
 reestablishment of peace. I replied — in order that he might 
 say the same to his General— that we sustained the most 
 sacred of causes — the defence of our territory, and the pres- 
 ervation of our nationality and rights ; that vve were not the 
 aggressors, and that our Government had never offended 
 that of tlie United States. I observed that we could say 
 nothing of peace, while the Americans were on this side of 
 the Bravo, or occupied any part of the Mexican territory, or 
 blockaded our ports; and that we were resolved to peiish or 
 vindicate our rights; that fortune might not always be favor- 
 able to the enemy, and the experience of the 22d and 23d 
 should convince them that it could cliange." 
 
 Now, sir, if these facts do not constitute a valid 
 title, in Texas, to the territory as far as the Rio 
 Grande, I frankly confess that I am incapable of 
 forming a conclusion as to what would constitute 
 such a title. 
 
 Texas solemnly claimed that territory, and every 
 act on her part is perfectly consistent with that 
 claim. Mexico has disclaimed it, except as a part 
 of Texas — all of which she claimed — and all her 
 acts have been perfectly consistent with this dis- 
 avowal. 
 
 The title then having been, as I assert, in Texas 
 at the time of the annexation, she surrendered to 
 this Government the right to assert and maintain 
 her claim, as she could not, consistently with the 
 constitution, herself muster a force to protect her 
 soil from the pollution of a foreign foe and her citi- 
 zens from outrage. It follows, then, that the Pres- 
 ident of the United States was not only at liberty, 
 but was bound — solemnly bound, by the Consti- 
 tution and laws, as well as his oath of office — to 
 protect the citizens of Texas against, not only a 
 threatened, but an actual invasion; for Genera] j-j 
 Taylor found the Mexican troops upon the terri- 
 tory in question, on his march to the Rio Grande. 
 He would have been highly culpable, and justly 
 chargeable with all the consequences, had he failed 
 to do so. 
 
 It may, perhaps, Mr. President, be proper, be- 
 fore I proceed further, to say something in regard 
 to the claim of Texas to Santa Fe. 
 
 [A Senator. Yes, let us hear something about 
 that.] 
 
 Mr, RUSK. This, sir, is the more necessary, 
 inasmuch as I see, by the newspapers, that an 
 attempt is now being made to establish a territorial 
 
 at the time of annexation, Texas and Mexico 
 claimed the territory. This Government was 
 fully apprized of this claim, as the resolutions of 
 annexation show. The United States consented 
 to become the judge upon the question of bound- 
 ary between Texas and Mexico. This country 
 has no claim, except that growing out of annexa- 
 tion. This Government has taken possession, 
 and it would be a new principle, that the judge, to 
 whom a controversy has been submitted, shall 
 seize the thing wliicli is the subject of the dispute, 
 and appropriate it to his own use. I think I have 
 seen such a decision in a newspaper, but I believe 
 it is nowhere to be found in the books. 
 
 Mr. President, we are so constituted by nature, 
 that when a war is once begun, our atten tion is so 
 much absorbed by the stirring scenes that attend it, 
 and the consequences which spring from i t, that we 
 lose sight, in a great degree, of the causes which 
 immediately preceded and led to the result. And, 
 sir, the truth of this proposition is peculiarly illus- 
 trated in the case under consideration. It has been 
 boldly charged on the one side, and resolutely de- 
 nied on the other, that this war was not commenced 
 by Mexico, but by the President of the United 
 States. Let us, sir, go back for a moment to the 
 circumstances which immediately preceded its com- 
 mencement. Every act of the President shows, 
 I think, most conclusively, that he was extremely 
 solicitous to avoid a collision with Mexico. 
 
 It had been asserted, repeatedly asserted, that 
 to annex Texas was an act of war, or would inev- 
 itably lead to a war. The President thought other- 
 wise, and did everything in his power to avoid 
 such a result. He sent a minister who was thought 
 to be, personally, more acceptable than any other, 
 to negotiate with Mexico. Her minister had left 
 Washington in high dudgeon, and she indignantly 
 refused to receive our representative, or to listen to 
 terms, declaring, in the face of a truth of twelve 
 years' standing, that Texas was her province. 
 Her Government denounced that of the United 
 States; declared its determination to go to war, 
 and made every preparation to do so; strengthened 
 her army, and commenced its concentration upon 
 the Rio Grande. Thus matters stood at the begin- 
 ning of the year 1846. 
 
 General Taylor, in a despatch to the Secretary 
 
 of War, dated at Corpus Christi, on the 4th of 
 
 October, 1845, had, very properly, as I think, 
 
 recommended a movement to the Rio Grande. In 
 
 is communication, the General says: 
 
 " Sir : I beg leave to suggest some considerations in rela- 
 tion to the present position of our force, and tJie disposition 
 which may become necessary for the more effectual prose- 
 cution of the objects for which it has been concentrated." 
 
 After giving at full length the reasons for the 
 recommendation which he was about to make, he 
 proceeds to say: 
 
 "For these reasons, our position thus far has, I think, 
 been the best possible ; but now that the entire force will 
 soon be concentrated, it may well be a question whether the 
 views of Government will be best carried out by our remain- 
 ing at this point. It is with great deference that I make any 
 suggestions on topics which may become matters of delicate 
 negotiations; butif our Government, in settling the questiOM 
 
9 
 
 of bcniiiflary, makns the line of the Rio Grande an ultunatuBi 
 I cannot doubt that the settlement will be greatly facilitated 
 and hastened by our taking possession at once of one or two 
 points on or quite near that river — our strength and state of 
 preparation should he displayed in a manner not to be mis- 
 taken. However salutary may be the effect produced upon 
 the border people by our presence here, we are too far from 
 the frontier to impress the Government of Mexico with our 
 readiness to vindicate, by force of arms, if necessary, our 
 title to the country as far as the Uio Grande. The "army 
 of occupation" will in a few days be concentrated at this 
 point, in condition for vigorous and effective service. Mex- 
 ico, as yet, having made no positive declaration of war, or 
 committed any act of hostilities, I do not feel at liberty, 
 under my instructions, particularly those of July the 8tli, 
 to make a forward movement to the Rio Grande, without 
 authority from the War Department." 
 
 The President very properly adopted the sug- 
 gestion of General Taylor, and ordered the troops 
 to the Rio Grande, instructing that officer to avoid 
 everything calculated to lead to a collision. On 
 the 21st of March, 1846, General Taylor was 
 met at the Colorado by the Mexican troops, and 
 ordered peremptorily not to cross that river. JN^ow, 
 sir, to vi^hich party is that principle of the law of 
 nations applicable, which declares that for either 
 party to take armed possession of a territory in 
 dispute, is an act of war.' On the 28th of the same 
 month, two of General Taylor's dragoons were 
 taken prisoners, and a bugler boy robbed of his 
 horse by the Mexican troops. On the day above 
 named. General Mejia refused to receive a com- 
 munication from General Taylor, and on the 10th 
 of April, Colonel Cross was missing, and in a few 
 days his body was found shockingly mutilated. 
 On the ]2lh. General Ampudia arrived at Mata- 
 moros, and peremptorily ordered General Taylor 
 to retire. General Taylor declined to do so, but ex- 
 pressed the wisJi of his Government for a peaceable 
 adjustment of all difficulties. On tlie 18th, Lieu- 
 tenant Porter, with a small party of our troops, 
 wasattacked, and, after beingdisabled bya wound, 
 was butchered. On the 15th, General Taylor was 
 so well satisfied of the hostile intentions of the 
 enemy, that he blockaded up the mouth of the 
 Rio Grande, in order to cut off supplies that were 
 expected by them. On the 24th, General Ampudia 
 demanded that the blockade should be raised; the 
 American General refused. On the same day, 
 General Arista arrived at Matamoros; and on the 
 26th, Captain Thornton, in command of forty-five 
 dragoons, was attacked by Torrejon, with a force 
 of over two thousand, and two sergeants and eight 
 privates were killed. On the 28th, Captain Walker 
 was attacked by a large force of Mexicans. On 
 the 1st of May, an unarmed family of sixteen per- 
 sons, two of whom were females, were taken pris- 
 oners at the Colorado, by the Mexicans, tied 
 together in pairs, the women outraged, and their 
 throats cut and left to rot upon the prairie. Mr. 
 President, Texas suffered much at the hands of 
 Mexico — prisoners have been butchered in cold 
 blood, confined in Mexican dungeons and starved; 
 Ijut, sir, we had to submit to no such outrage as 
 this; and, sir, such an insult, if it had not been 
 washed out with blood, and had been left un- 
 avenged by the President of these United States, 
 would have caused every American heart to turn 
 from him with loathing and disgust. Who is there 
 in all this broad land that would have cried, " for- 
 bear, "or could have expected the Executive again 
 to entreat the Mexicans to negotiate.' Not one, 
 sir; no, not one. 
 
 The battles of the 8th and 9th followed, and who 
 
 is there that, even if he could do so, would be will- 
 ing to blot these and the brilliant victories which 
 have followed in quick succession, from the pages 
 of our country's history i The President, sir, has 
 been blamed for alluding to the injuries and insults 
 inflicted upon us by Mexico. If there be any 
 blame attaching to him, I think it is for too great 
 forbearance in this matter. Mexico has, sir, for 
 the last twenty years, robbed your fellow-citizens 
 of their property and imprisoned their persons, in 
 violation of solemn treaties. She has met their 
 demands upon her for redress with insult and in- 
 difference, until they have ceased to appeal to you 
 for redress. In Mexico, sir, ever since she has 
 had a Government of her own, to claim to be an 
 American citizen was sure to result in confiscation 
 of property and imprisonment of person, while to 
 claim to be an English or a French subject was to 
 unbar the doors of her dungeons. How different 
 in this respect has been the conduct of the French 
 Government from that of our own. When redress 
 was refused for injuries inflicted upon French citi- 
 zens, the Government of France did not stop to 
 parley and negotiate. She battered down the walls 
 of the castle of San Juan de Ulua, and the proud 
 Castilian blood, about which we have heard so 
 much, instantly yielded to the demands of justice. 
 
 It is, sir, a beautiful feature in the policy of the 
 British Government, that she never fails to redress 
 the grievances of the lowliest as well as the proud- 
 est of her subjects; and hence arises that deep- 
 seated, enthusiastic attachment which a British 
 subject always feels to the institutions of his coun- 
 try. He may perish, sir, in a far distant land, 
 beneath the scourge of the oppressor, but hia 
 dying moments are cheered by the assurance that 
 his Government will exact ample redress for the 
 wrongs inflicted upon him, and his last aspiration 
 on earth will be for his country. 
 
 I hope the day will come when an American 
 citizen will look with a similar confidence to his 
 Government; but, sir, it pains me to say it, hith- 
 erto it has been far otherwise. 
 
 I might allude to the many instances of oppres- 
 sion practised upon American citizens, by Mexi- 
 can officers; but, sir, it would take volumes to 
 record them all, and I feel safe in hazarding the 
 assertion, that no single year has passed, within 
 the last twenty, during which the dungeons of 
 Mexico have not contained American citizens in- 
 carcerated without fault or crime justly imputable 
 to them. This, sir, is but a feeble sketch of the 
 course of the Government of Mexico, in behalf of 
 whom so much sympathy is invoked from the 
 people of the United States. 
 
 But, Mr. President, we are in the midst of a 
 war. That it exists, is a matter of regret to all, 
 and the sooner it can be brought to a close the 
 better. It is my opinion that, if the President had 
 been properly sustained, it would have been termi- 
 nated long since. I believe that our own differences 
 of opinion have had the effect of prolonging this 
 war. But you will allow me, Mr. President, here 
 to say, at the same time, I believe that those who 
 contend that it was unconstitutionally and improp- 
 erly begun, are as sincere and patriotic as I claim 
 to be myself, in holding the opposite opinion. It 
 is, sir, an honest difference of opinion concerning 
 momentous questions, upon which a final judg- 
 ment has not yet been pronounced. But, sir, the 
 Mexicans are a peculiar people; they cannot 
 
10 
 
 appreciate the American character, nor can they 
 reahze the beautiful sentiment uttered by the hon- 
 orable Senator from Kentucky, [Mr. Critten- 
 den,] as true as it was beautiful, and expressed in 
 a style so peculiarly his own, when he said, "in 
 making the law we have many voices — in its exe- 
 cution but one arm." The truth of this position, 
 sir, has been most triumphantly proved upon the 
 hard-fought fields, where both Whigs and Demo- 
 crats have nobly borne tiie standard of their coun- 
 try victoriously onward, to the centre of Mexico. 
 But, sir, it is old adage, that drowning men will 
 catch at straws. The Mexicans know that m'any 
 of the most prominent men in our country believe 
 the war to have been improperly begun, and that 
 our army ouglit to be withdrawn from their coun- 
 try; and, knowing them as I do, I am not aston- 
 ished at the unfortunate hopes they entertain, 
 growing out of our political differences of opinion. 
 They know that party changes have taken place, 
 that we are upon the eve of important elections, 
 and they hope, at least, if they do not believe, that 
 something may traiiepire favorable for them. If 
 the President, sir, could have felt at the beginning, 
 that he was fully sustained, I am of opinion the 
 war would now have been at an end. 
 
 But, Mr. President, the question at present is, 
 how we are to terminate this war most advanta- 
 geously. Three plans have been suggested: 
 
 1st. To withdraw our troops from Mexico alto- 
 gether. 
 
 2d. To take a defensive line, and concentrate 
 our troops upon it. 
 
 3d. To prosecute the war with vigor, until Mex- 
 ico shall become convinced of the necessity of 
 rendering to us justice, and shall do so. 
 
 To the first proposition, Mr. President, I can- 
 not agree. Aside from the disgrace which, as I 
 think, we should incur by pursuing a course which 
 would bea tacit acknowledgment, before the whole 
 civilized world, that the war had been improperly 
 begun, such a policy woidd be one of the greatest 
 misfortunes that could occur to the United States. 
 That it would be one of the worst things that could 
 happen for Mexico, is beyond all question. If we 
 were to withdraw our troops now, it would be to 
 admit the truth of the charge which has been made, 
 tliat the war was commenced for the purpose of 
 landi,robbery. But, apart from all this, it would 
 be a misfortune to the people of the United States, 
 and a very great misfortune to the people of Mex- 
 ico themselves. I may, perhaps, be told, that my 
 fears are idle; but I think otherwise. In such an 
 event, what would be the inevitable result.? It 
 would be, that Mexico, in her present exhausted 
 condition, would immediately, in reality, if not in 
 name, fall into the possession of some European 
 Power. Senators may suppose that this apjire- 
 hension is a mere creature of the imagination; but 
 I happen to know, that, for the last ten or twelve 
 years, Mexico has been, practically, under the con- 
 trol, directly or indirectly, of the British Govern- 
 ment. It is to this source that we must trace the 
 prejudices which have existed against the North 
 Americans. It is through the instrumentality of 
 the military party of the country, led on by its 
 chiefs, under the direction of British influences, that 
 you have been excluded from their markets, and that 
 your citizens have been imprisoned, and their prop- 
 erly confiscated. This is the true but secret reason 
 why your trade with Mexico, which was formerly 
 
 se flourishing, amounthig to not less than eleven 
 or twelve millions of dollars annually, has been 
 reduced to perhaps less than a million of dollars. 
 The British agents, sir, are always at work; they 
 are never idle, nor are they so at this time. I am 
 indebted to the gallant Lieutenant Colonel Fremont 
 for some information acquired by him while acting 
 as Governor of California, which has an important 
 bearing upon this branch of my subject, and which 
 will throw a great deal of light upon what is at 
 present going on in Mexico. There has been in 
 progress in California, ever since the commence- 
 ment of this war, a threefold operation, having its 
 origin in the city of Mexico, and conducted by 
 official or unofficial agents of the British Govern- 
 ment. In the first place, there havebeen transfers of 
 land, not only from individuals, but from churches, 
 through which a transfer of the sovereignty of the 
 country has been attempted. A junta, as it is 
 called, or convention, had been sanctioned by the 
 governor of the province, to be called to deliberate 
 on the propriety of declaring the inhabitants inde- 
 pendent of Mexico, and seeking the protection of 
 the British Government. More than this. In the 
 city of Mexico itself, a stupendous scheme had 
 been devised by a Roman Catholic priest, named 
 Macnamara, who, having obtained the sanction of 
 the Mexican Government, was sent down to pro- 
 cure a grant of three tiiousand square leagues of 
 land in that province. The ecclesiastic was trans- 
 ported to Monterey in a British national ship, and 
 the grant was immediately sanctioned by the Gov- 
 ernment of California. 
 
 But, sir, I will not anticipate the account which 
 will be laid before the country at the proper time, 
 placing this transaction in its true light. It is 
 sufficient to say, that, had it not been for timely 
 and energetic action, California would have be- 
 longed, at this moment, to subjects of Great Brit- 
 ain, and the British flag would have been flying 
 on all her forts. Senators will find these facts 
 established, beyond all doubt, in the course of a 
 very few days. I will not take the trouble to read 
 any part of this grant, but I will append the pre- 
 cious document to the remarks which I now offer, 
 in order that the country may be advised of what 
 is going on in Mexico. 
 
 These things are and have been in progress in 
 Mexico ever since the commencement of our pres- 
 ent difficulties, and there can be no question that 
 the British Government Vi^ould sanction and favor 
 the taking possession of that whole country by her 
 subjects. When were the possession and sove- 
 reignty of a country ever offered to and refused by 
 that Government.' I would not like to see Mexico 
 in that condition. 
 
 There are various other reasons which induce 
 me to believe that something of this kind is in con- 
 templation. I know something of Mexico, and I 
 feel assured that our army lias already captured 
 more small arms in that country than were in it a* 
 the commencement of the war. The vessels of 
 foreign nations are constantly hovering off the 
 coast, and the oliservations of fifteen years have 
 taught me to anticipate the effect of the immediate 
 withdrawal of our army from that country. It is 
 known that Paredes, tlie avowed advocate of mon- 
 archical institutions, is now in Mexico, attempting 
 to place some European prince upon the throne, 
 or assume the kingly power himself. Should Santa 
 Anna again get into power, the esiabhshment of 
 
11 
 
 a monarchy will, in all probability, be the result. 
 He has no sympathies with the people, none what- 
 ever; and revengeful and ambitious as he is, he 
 would not hesitate to make himself a king. He 
 has not forgotten tiiat when he was deprived of 
 power, the populace took from its resting-place the 
 Inub he had lost in their service, and treated it with 
 the utmost indignity. If he cannot enslave the 
 people by his own power, he will readily join in 
 any project which may effect that object. Such is 
 the temper of tlie Mexican people, Mr. President, 
 that I feel convinced they will either establish a 
 monarchy, with a native sovereign, or place them- 
 selves under the dominion of some European 
 Power. 
 
 But if there were no such thing as the establish- 
 ment of a monarchy to be apprehended, are we will- 
 ing, I would ask, to abandon the prosecution of this 
 war, under the circumstances which have attended 
 it.' When we have proceeded thus far, without 
 having been in errorat the commencement orduring 
 the progress of the war, asknig nothing but an hon- 
 orable peace, with a reasonable indemnity, which 
 our enemies have refused to grant on all occasions, 
 or even to talk about, are we now to withdraw our 
 troops without efiecting our object.' General Tay- 
 lor ofiered them peace. General Scott has offered 
 it, and the President has offered it, over and over 
 again, under circumstances which have almost 
 made them objects of ridicule with the country, 
 and yet we are told that the poor, confiding, mag- 
 nanhnous Mexican nation are suffering at our 
 hands, and we ought to withdraw our troops. 
 "What will the world say in such an event.' They 
 may say we are a magnanimous people, but must 
 think we have very little judgment. We want 
 peace, and Mexico has utterly refused to make it, 
 and I am unwilling to make a retrograde move- 
 ment until she is broui^ht to her senses, and offers 
 assurance of good beliavior in future. 
 
 It has been proposed that we shall adopt a defen- 
 sive line. In my opinion, sir, the adoption of such 
 a line will extend the duration of the war to an in- 
 definite time. If we were to fall back and assume 
 a line which should include what we are willing to 
 accept as an indemnify for the losses and injuries 
 sustained by us, and garrison it, what would be 
 the consequence? Being relieved from the pres- 
 ence of our army, Mexico will acquire the means 
 of operating against us. She will get the mines 
 and revenues of the country, and will invoke for- 
 eign aid, and thus the war will become intermina- 
 ble, and may eventuate in bringing us into conflict 
 with some foreign and transatlantic power. 
 
 My opinion, then, Mr. President, is, that we 
 should prosecute thi.s war with vigor, and that the 
 necessary consequence of such vigorous prosecu- 
 tion will be, to show the Mexicans that we are 
 resolved to bring them to reason. They should 
 be made to understand that they ha»e nothing to 
 expect from our divisions at home, the nature and 
 extent of which they do not know, and cannot 
 properly appreciate. If they see forty or fifty 
 thousand men about to seize and occupy perma- 
 nently their large cities and mining districts, they 
 would soon be convinced, notvv'ithstanding the ap- 
 proach of our Presidential election, that their only 
 means of escape is the adoption of a treaty of 
 peace which shall be satisfi.ctory to this country. 
 They do not know that any differences of political 
 opinion which may exist among us do not weaken 
 
 the arm of any man who serves his cotnitry. But 
 it is said that Mexico is in our hands, thai we have 
 her already at our feet, that it is ungenerous to 
 press her further, and that we have already men 
 enough in that country. All this may be true. Allu- 
 sion has been made to the battle of BuenaVista. We 
 have been told that we had men enough there to over- 
 come the enemy, and gaina victory that has few par- 
 allels, if any ; and that this was effected with a force 
 of about six thousand men opposed to twenty thou- 
 sand. This is all true; and if there had been but 
 six hundred of our men there. General Taylor 
 would not have retreated. He and his gallant fol- 
 lowers would have maintained their position; they 
 might have been slain where they stood, but would 
 never have been beaten by Mexicans. It will be 
 admitted, that if, instead of six thousand, we had 
 had twenty thousand men on the field, Santa Anna 
 would never have escaped with the bulk of his 
 army and his munitions of war. Had such been 
 the case, I would ask, would the gallant, the chiv- 
 alrous Clay, when lying mangled and bleeding on 
 the battle-field, and unable to defend himself, have 
 been pinned to the earth by the lances of a brutal 
 and dastardly soldiery. No, sir; and it is my be- 
 lief, that the greater the energy with whicji we 
 prosecute this war, and the more commanding the 
 force we place in tlie field, the less will be the sac- 
 rifice of human life, and the sooner will we bring 
 the enemy to terms. ,»_ 
 
 I know, Mr. President, that great fears are en- | 
 tertained of the consequences likely to ensue from 
 the taking of all Mexico, or any considerable por- 
 tion of it. I confess that I entertain no such fears; 
 but, at the same time, I would not insist upon any 
 more of Mexico than may be necessary to afford 
 us indemnity for losses, and, at the same time, 
 furnish a well-founded assurance that she will 
 maintain a Government free in itself, and not liable 
 to the interference or control of any foreign Gov- 
 ernment or their agents. I would be content with 
 a fair indemnity, but would run the risk of the 
 consequences of taking the whole country, rather 
 than to see the people exposed to the oppressions 
 of the military power. ^r-. 
 
 It is said , Mr. President, that it would be rob-l 
 bery to take away their country from the Mex- 
 icans. On this point, I would ask whether the 
 principles of our Government do not guaranty to 
 all of our citizens the full enjoyment of hfe, liberty, 
 and property.' If so, v/ould not the extension of 
 our Government throughout Mexico give perfect 
 security to the inhabitants, who would, in that 
 event, be entitled to the protection of our laws? 
 Could this be called robbery, or would the right 
 of property be diverted? How would the rights 
 of individuals be, in any degree, interfered with 
 by reason of our occupation of the country; or 
 what sort of robbery would it cause ? It would be 
 nothing more nor less than this, Mr. President. 
 It would take from the tyrannical military chiefs 
 the power of oppressing the people: it would de- 
 prive foreigners of their power and privilege to 
 make use of the Government for their own pur- 
 poses, in eff'ecting their own aggrandizement and 
 enriching themselves; it would afford the country 
 an opportunity to develop its mighty resources, 
 and prevent them from being monopolized by a 
 few foreign capitalists, whose interests are in con- 
 flict with those of the United States. There is one 
 thing, however, sir, that I would not be willing to/ 
 
12 
 
 /do. I would not be willing to vote for a treaty of 
 peace that would not secure to us tiie territory as 
 far as the Sierra Madre, including the Californias. 
 This is what we should have, under all the circum- 
 stances, to place us in position to watch the polit- 
 ical movements that may hereafter transpire; for 
 if we leave Mexico in the possession of the priests 
 or the military power, she will become an instru- 
 ment in the hands of some other Government with 
 which to annoy and interfere with us. 
 
 Such an arrangement would be to the advantage 
 of Mexico herself, if she be disposed to establish 
 a free and stable Government. The truth is, sir, 
 that the city of Mexico controls the whole of the 
 Mexican Republic. It always has done so, even 
 when there existed the form of a constitution, and 
 the pretence of State sovereignties. It is the heart 
 of Mexico, and is to her what Paris is to France. 
 
 The Government, then, being in the city of 
 Mexico, it cannot efiectually control the more dis- 
 tant provinces, and, consequently, the possession 
 of them by the United States, to which they are 
 contiguous, would be a real advantage to the Mex- 
 icans. While this benefit would inure to Mexico, 
 the good resulting to the United States from the 
 extension of our commerce would be incalculable. 
 Nor is this all. The Mexicans who occupy the 
 territories to which I have reference, have never 
 been adequately protected by their Government, 
 which, in its present exhausted condition, would 
 be less able than ever to aiford them security. To 
 tliese people the advantages would be immense, 
 growing out of the protection they would enjoy 
 atrainst Indian outrage. The roving bands of Ca- 
 manches, and other savages, are committing depre- 
 dations upon them constantly; and at this moment 
 there are thousands of their women and children, 
 belonging to the most respectable families, who 
 are held in the most hopeless captivity by those 
 Indians, ajjainst whom they cannot protect them- 
 selves. There is not a month, or scarcely a week 
 that passes, which does not witness outrages of 
 this sort. Then, sir, instead of being an injury to 
 these people, it would be to do them the greatest 
 service possible to take them under our protection. 
 While this territory is comparatively of little value 
 to Mexico, to us it is of great importance; and to 
 make ourselves masters of it would only be to ac- 
 quire what is justly our due, in consideration of 
 the debt which Mexico owes to us, and which she 
 is unable to pay in any other way. Our claims 
 against Mexico are of no ordinary kind. What 
 she owes us is due, not to the Government, but to 
 our citizens. They did not voluntarily part with 
 their property in order to create this indebtedness; 
 but Mexico, with violence and a shameless disre- 
 gard of all principle, robbed them of what belonged 
 to them. Most of the claimants have been, for 
 years, and are at present, ground down to the earth 
 by poverty, brought upon them by the forcible 
 taking of their substance by the authorities of 
 Mexico. 
 
 I do not propose to pursue this discussion fur- 
 ther at this time; but before I take my seat, Mr. 
 President, I will venture the assertion, that, if 
 partisan political motives be suffered to enter into 
 and mingle themselves with the management of 
 the present war — if protracted debate be allowed 
 to postpone the prompt and energetic action neces- 
 sary to bring it to a successful and honorable ter- 
 mination — and if it be continued for twelve months 
 
 longer, Senators will find it impossible to get rid 
 of it, until we shall make up our minds to annex 
 the whole of Mexico. 
 
 Translation of the Macnamara Ch-ant, of three thou- 
 sand leagues of Land, referred to in the preceding 
 remarks. 
 
 I, Eugenio Macnamara, Catholic Priest and 
 Apostolical Missionary, take the liberty of sub- 
 mitting to your Excellency some reflections on a 
 subject which at this time attracts much public 
 attention: I allude to the expectations and actual 
 condition of Upper California. It does not requii'e 
 the gift of prophecy to foresee, that within a little 
 time this fertile country will cease to be an inte- 
 gral part of this Republic, unless some prompt 
 and efficacious measures be adopted to restram 
 foreign rapacity. The immediate question that 
 presents itself is. What are the speediest and most 
 secure means of avoiding such a calamity ? The 
 unanimous voice of the country responds, coloni- 
 zation. The second question is. Where shall we 
 find the colonists who possess all the necessary 
 qualities for an object so desirable .' Certainly not 
 in Mexico; and as little in any of its dependen- 
 cies, which are so thinly peopled. We have, then, 
 to recur to Europe, which abounds with an excess 
 of population. What people of this ancient con- 
 tinent is best calculated for the ends of coloniza- 
 tion — best adapted to the religion, character, and 
 temperament of the inhabitants of Mexico? Em- 
 phatically, I answer the Irish; the Irish are devout 
 Catholics, moral, industrious, sober, and brave. 
 
 For this reason, I propose, with the aid and ap- 
 probation of your Excellency, to carry forward 
 this project, to place in Upper California a colony 
 of Irish Catholics. I have a triyile object in ma- 
 king this proposition: I wish, in the first place, to 
 advance the cause of Catholicism; in the second, 
 to contribute to the happiness of my countrymen; 
 and, thirdly, I desire to put an obstacle in the way 
 of further usurpations on the part of an irreligious 
 and anti-Catholic nation. I therefore propose to 
 your Excellency that there be conceded to me an 
 extent of territory on the coast of Upper Califor- 
 nia, for the purpose I have indicated. 
 
 I would prefer, with the permission of your 
 Excellency, to place the first colonists on the bay 
 of San Francisco. Your Excellency will agree 
 with me that this would be a proper step, when it 
 is remembered that the Americans have possession 
 of Bodega, a post abandoned by the Russians, sit- 
 uated a little to the north of San Francisco. I 
 should bring, for a begrinning, one thousand fami- 
 lies; afterwards, should itappear well to your Ex- 
 cellency, I would establish a second colony near 
 Monterey, and a third at Santa Barbara. By this 
 means, the entire coast (by which most danger is 
 to be expected) would be completely secured against 
 the invasion and pillages of foreigners. 
 
 For each family that I bring, I will require the 
 land that composes "un sUio de ganado mayor," (a 
 square league containing 4,428 acres,) to be given 
 free of all cost; likewise, that the children of the 
 colonists, when they marry, shall receive a half 
 sitio, (2,214 acres,) as a national gift. 
 
 I should likewise require an exemption from the 
 payment of all classes of contributions for a cer- 
 tain number of years; that the colonists, on taking 
 possession of their land, shall consider themselves 
 
13 
 
 under the protection of the Government, and shall 
 enjoy all their rights. 
 
 There are other points of less importance which 
 I do not touch upon now, as they can be dis- 
 cussed to more advantage hereafter. I have the 
 satisfaction to be able to say that the propositions 
 have merited the fullest approbation of the most 
 illustrious Archbishop, the venerable head of tl' j 
 church in this country. ThU project, which I ' .y 
 before your Excellency, ought to be effected on an 
 extended and liberal footing, in order to be posi- 
 tively beneficial to the country. 
 
 Thus, in a few words, I have manifested my 
 opinion on this important subject, and have pre- 
 sented some ideas pertinent to it, which, if gener- 
 ously carried into effect, may dispense happiness 
 to many, and, in the end, tend to the consolidation 
 and integrity of this great Republic. 
 
 I have the honor to be, very respectfully, your 
 Excellency's most obedient servant, 
 
 EUGENIO MACNAMARA. 
 To the J\Iost Excellent Sehor President , 
 
 of the Republic of Mexico. 
 
 No. II. 
 
 To the Most Excellent Seiior President of the Republic 
 of Mexico: 
 
 By the final hesitation of the Supreme Govern- 
 ment to enter immediately on the question of es- 
 tablishing an Irish colony in California, it appears 
 that the principal and only objection to fulfilling 
 the enterprise, is the difficulty of obtaining suffi- 
 cient pecuniary means to pay the expenses of trans- 
 porting the colonists to the place of their destina- 
 tion. 
 
 This objection appears sufficiently well founded; 
 but 1 think I shall be able to show to your Excel- 
 lency, in a few words, that it is very easy to over- 
 come, and that the object may be realized without 
 the Government finding it necessary to spend a 
 single dollar. 
 
 I beg your Excellency to be pleased to take into 
 consideration what I have before expressed, I be- 
 lieve sufficient money for the transportation of the 
 colonists can be obtained. In the first place, there 
 are in my country many fathers of families who, 
 after selling the little land they possess, theircattle, 
 furniture, &c., would be able to command two or 
 three hundred dollars, with which sum they would 
 have nearly enough to cover the expense of the 
 voyage, and of their families. But as it will be ne- 
 cessary to convey many other families who lack the 
 means for paying the expensesof their transporta- 
 tion, such as priests, physicians, mechanics, young 
 women, &c., it will be necessary to obtain money 
 for the purpose; and I am of opinion, that if the 
 Supreme Government should assign me, in Cali- 
 fornia, a quantity of land sufficient to hypothecate, 
 I would be able to obtain money in my country 
 upon the land. I believe, in the second place, that 
 the Supreme Government should agree to cede to 
 me, for a certain period of time, for the use of the 
 colonists, the duties on importation of the port of 
 San Francisco. This last proposal may be con- 
 ceded the more readily, inasmuch as the Supreme 
 Government does not receive much benefit from 
 the duties on importation of that port. 
 
 In this manner, I believe I have shown to the 
 most excellent Seiior President, in a few words, 
 resources easy to be realized, and with which may 
 
 be set aside all the objections that are presented, as 
 I have demonstrated at the beginning, without the 
 Government being compelled to make any expend- 
 iture. 
 
 Your Excellency will excuse me that I take the 
 liberty further to demonstrate that no time ought to 
 be lost in this important affair, if it is desired to be 
 realized , since your Excellency knows well enough , 
 that we are surrounded by an artful and base ene- 
 my, who loses no means, however bad, to possess 
 himself of the best territory of this country, and 
 who abhors to the death its race and its i-eligion. 
 
 If the means which I propose be not speedily 
 adopted, your Excellency may be assured that be- 
 fore another year the Californias will form a part 
 of the American Union, their Catholic inhabitants 
 will become the prey of the Methodist wolves, and 
 the whole country will be inundated with these 
 cruel invaders. Whilst I propose the means of 
 repelling them, my propositions ought to be more 
 admissible, inasmuch as I have no personal inter- 
 est in the affifiir, save the progress of the holy 
 religion of God, and the happiness of my country- 
 men. 
 
 As for the fidelity and adhesion of these to the 
 Mexican Government, I answer with my life; and 
 (according as may be drawn a sufficient number 
 of colonists, at least ten thousand men) I am of 
 opinion, and may assure with certainty, that the 
 number will be sufficient to repel at the same time 
 the secret intrigues and the open attacks of the 
 American usurpers. 
 
 I have the honor to be, your Excellency's most 
 respectful and obedient servant, 
 
 EUGENIO MACNAMARA, .9pos. Miss. 
 
 Ministry of Foreign Affairs, Government, and Policy. 
 
 Having heard the opinion of the Council on the 
 project of colonization in California, presented by 
 you to the Supreme Government, the Government, 
 in accordance with the opinion of that body, has 
 determined that, in view of the necessity which 
 exists for some effective measures on that subject, 
 and on other concessions proper for the action of the 
 Legislature, the matter will be referred, together 
 with your memorial, to the Chambers. 
 
 I state this to you for your information, remark- 
 ing that the subject will be thus attended to in a 
 convenient time. God and Liberty. 
 
 Mexico, January 19, 1846. 
 
 CASTILLO LAURAS. 
 Very Reverend Father Macnamara, 
 
 ^Apostolical Missionary. 
 
 Eugenio Macnamara, native of Ireland, Catholic 
 Priest, and Apostolic Missionary, respectfully rep- 
 resents to your Excellency that he has arrived in 
 this department with the object of undertaking the 
 establishment of a colony of his countrymen, here, 
 to which end he has received the benign coopera- 
 tion of the venerable and illustrious Archbishop 
 of Mexico, and the cordial recognition of the Su- 
 preme Government, who have recommended me 
 to come in person to this department to select land 
 adapted to the said object, and exhibit to your Ex- 
 cellency my projet of colonization, with the cus- 
 tomary formalities. 
 
 I have the honor to present to your Excellency 
 my plan, which is, in substance, as follows : 
 
 1 contract with the Government to introduce into 
 
u 
 
 this department, in the shortest time possible, tw6 
 thousand Catholic Irish fanilHes, industrious and 
 sober, the whole number of whom would be ten 
 thousand souls, who, as soon as they arrive, would 
 consider themselves bound by and submit to the 
 established laws, and lend their services to the 
 legitimate Government, in defence of California, 
 against all enemies v/ho might invade her, main- 
 tain internal peace, and, in fine, dedicate their ef- 
 forts to the prosperity and advancement of this 
 country. 
 
 I solicit, then, that your Excellency will be 
 pleased to adjudicate to me, in ownership, the 
 land situated between the river Joaquin, from its 
 source to its mouth, and the Sierra Nevada; the 
 limits being the river Cosumne on the north, and 
 on the south the extremity of the Tulares, in the 
 neighborhood of San Gabriel. 
 
 1 beg your Excellency will be pleased to look 
 favorably on my proposition, and to give the order 
 that I have asked, which will undoubtedly tend to 
 the happiness of California, and in a great measure 
 to fulfill my ardent desires to propagate that re- 
 ligion we })rofess, and at the same time be useful 
 to my countrymen. 
 
 EUGENIO MACNAMARA, 
 
 Missionary ^ipostolic. 
 
 Santa Barbara, July 1, 1846. 
 
 Js^ote on the margin of the preceding. 
 Government of the Department of 
 
 California, Santa Barbara, July 1, 1846. 
 Sent to the Excellent Departmental Assembly, 
 that it will be pleased to give its advice upon the 
 matter of the petition, and afterwards return it to 
 this Government for its final action. PICO. 
 
 Department of Relations, 
 
 Mexico j August 11, 1845. 
 To Seiior Don Jose Ma Hijar, Monterey. 
 
 My dear and esteemed Friend : The Irish 
 priest, Macnamara, goes to that department (Cali- 
 fornia) with the expedition in charge of Seiior 
 Colonel Don Ignacio Yniestra, and takes a project 
 of colonization with Irish families. 
 
 Among the very honorable persons Vifho have 
 recommended this ecclesiastic to me, the most 
 illustrious Seiior Archbishop has done so very 
 warmly; and, desiring to gratify them in an aflair 
 that may be of advantage to the country, I make 
 the same recommendation to you, charging you to 
 examine well his project, and inform the Govern- 
 ment of what he may offer, in order that it may 
 determine what is suitable; and likewise, that you 
 facilitate him as far as in your power, and make 
 his residence in the department agreeable. 
 
 I repeat, that I am your very affectionate friend 
 and servant, LUIS G. CUEVAS. 
 
 You will speak on the subject with H. E., the 
 Seiior Governor, in order that, in view of his ad- 
 vice and opinion, the Government may decide the 
 more intelh'gently. L. G. C. 
 
 Assembly of the Department of the Californias. 
 
 Most excellent Sir: Accompanying, is sent to 
 your Excellency a copy of the report of the special 
 committee, approved by this honorable assembly, 
 in a sitting extraordinary of this day, relative to 
 the projet of colonization presented to your Ex- 
 
 cellency by the Seiior Priest Don Eugenio Macna- 
 mara; and inform your Excellency, that this body 
 agrees with the sentiments expressed by your 
 Excellency in your official letter of the 24th June 
 last, expressing your opinion and great desire that 
 j the said enterprise should be carried into effect. 
 
 I have the honor to communicate it to your Ex- 
 ' cellency, according to a resolution of the honorable 
 assembly, and in refily to your note above men- 
 tioned; and, at the same time, to renew the most 
 sincei'e considerations of my esteem. 
 
 FRANCISCO FIGUEROA, President. 
 NARCISO BOTELLA, Second Vocal. 
 God and Liberty. Angeles, July 7, 1846. 
 To the Most Excellent Constitutional Governor of the 
 Californias. 
 
 Pio Pico, Constltvlional Governor of the Departme7it 
 of the Caiifornias. 
 Whereas, the priest Don Eugenio Macnamara 
 has applied, for the purpose of establishing a colony 
 of Irish families, to be apportioned lands in the 
 interior of this department, which are now waste; 
 considering the advantages that v/ould result to 
 the country from the occupation of those regions, 
 hitherto desert, alike in the advancement of agri- 
 culture, and the increase of commerce, the arts, 
 and industry, and in the propagation of the faith; 
 and that it would, at the same time, secure the 
 department from the frequent incursions of th.e 
 savages, who have heretofore diminished the wealth 
 of the country by their repeated robberies; and, 
 moreover, that the increase of the number of set- 
 tlements, by respectable families, would preserve 
 the national integrity and independence, supposing 
 they would be so many more Mexican citizens, in 
 which case they would add to the growth of the 
 country: having first made the diligent examination 
 required by the laws and regulations of coloniza- 
 tion, using the powers which are conferred upon 
 me in the name of the Mexican nation, and in 
 accordance with tlie advice of the Departmental 
 Assembly, I hereby concede, for the colonization 
 of Irish families, the apportionment of lands which 
 has been solicited by the said Father Macnamara, 
 v.ith the reservation of the approval of the -Su- 
 preme National Government, and under the follow- 
 ing conditions: 
 
 1. There shall be conceded to the Irish colony 
 the unoccupied lands which are found in the interior 
 of the Department, beyond the twenty boundary 
 leagues (fuera de las virnte legttas limit trofes) on the 
 river San Joaquin, from its source to its mouth, 
 and the Sierra Nevada; the boundaries being, the 
 river Cosumne on the north, and on the south the 
 extremity of the Tulares, in the vicinily of San 
 Gabriel; within which limits, the families which 
 compose the colony, may establish their settle- 
 ments under proper regulations, with the under^ 
 standing, that although they shall have liberty to 
 enclose what is set apart for each one, it shall be 
 without prejudice to paths, roads, and public uses. 
 
 2. The families who shall establish themselves 
 shall have the free and exclusive enjoyment of the 
 lands allotted to them, for such use or cultivation 
 as they prefer; but they shall not in any manner 
 have power, either separately, or as a colony, to 
 voluntarily alienate to any foreign nation, nor to 
 pass to any other dominion by hypothecation, or 
 on any pretext whatever, unless with the consent 
 of the Mexican nation. 
 
15 
 
 3. In the settlements which the said colony may- 
 establish, they shall have power, should they have 
 an excess of lands, to receive other inhabitants, 
 of any citizens or families whatever resident in 
 the Department, or of other persons who may 
 have the requisites prescribed by the laws; these 
 latter to be considered as enjoying the privileges 
 conceded to the respective municipalities in the 
 commons and private lands allotted to each settle- 
 ment. 
 
 4. As there are to be three thousand families 
 composing the colony, there shall be adjudicated 
 to each one a single " sitio de ganado mayor" (4428 
 acres) in the district aforesaid; and if this should 
 not suffice, they must be limited to that which is 
 
 found. Should fewer than the three thousand 
 families arrive, all the excess of land between these 
 limits shall remain for the benefit of the nation, 
 and may be allotted to Mexican families. 
 
 Wherefore, I order, that, holding the title to be 
 firm and valid, it be recorded in the proper books, 
 and be delivered to the interested party for his 
 security and use. 
 
 Given at Santa Barbara, on common paper, on 
 account of having none that is stamped, this fourth 
 day of the month of July, year one thousand eight 
 hundred and forty-six. 
 
 PIO PICO. 
 
 Jose Marias Moreno, 
 
 Secretarij (ad interim.) Recorded, &c. 
 
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