States; the sole responsibility of such a calamity, with all its consequences, must rest with the Mexican republic.

"The undersigned would call the attention of your excellency to the strange discrepancy between the sentiments expressed in the clause of his letter last cited, and the conclusion at which he arrives, that the reception of the undersigned would compromit the honor, dignity, and interests of the Mexican republic. Your excellency says that he will have the greatest pleasure in treating with the undersigned, so soon as the undersigned shall present credentials which would authorize him expressly and solely to settle the questions which have disturbed the harmony and good intelligence of the two republics. What are these questions? The grievances alleged by both governments; and these the undersigned is fully impowered to adjust. Does the Mexican government, after having formally accepted the proposition of the United States, arrogate to itself the right of dictating not only the rank and title which their diplomatic agent shall bear, but the precise form of the credentials which he shall be permitted to present, and to trace out, in advance, the order in which the negotiations are to be conducted? The undersigned, with every disposition to put the most favorable construction on the language of your excellency, cannot but consider it as an absolute and unqualified repudiation of all diplomatic intercourse between the two governments. He fears that the Mexican government does not properly appreciate the friendly overtures of the United States, who, although anxious to preserve peace, are still prepared for war.

"Had the undersigned been accredited by the Mexican government, it would have been free to choose the subjects upon which it would negotiate, subject, of course, to the discretion of the undersigned, controlled by his instructions, to treat upon the isolated question of Texas; and, should it have been found impossible to agree upon a basis of negotiation, his mission, which was not intended to be one of mere ceremony, would probably soon have terminated, leaving the relations of the two countries in the state in which the undersigned found them. If the undersigned had been admitted to the honor of presenting his credentials to his excellency the president of the republic, he was instructed to assure his excellency of the earnest desire which the authorities and people of the United States entertain to restore those ancient

relations of peace and good will which formerly existed between the governments and citizens of the two republics. Circumstances have of late estranged the sympathies of the Mexican people, which had been secured towards their brethren of the north by the early and decided stand which the United States had taken and maintained in favor of the independence of the Spanish American republics on this continent. The great object of the mission of the undersigned was to endeavor, by the removal of all mutual causes of complaint for the past, and of distrust for the future, to revive, confirm, and, if possible, to strengthen those sympathies. The interests of Mexico and of the United States are, if well understood, identical, and the most ardent wish of the latter has been to see Mexico elevated, under a free, stable, and republican government, to a distinguished rank among the nations of the earth. Such are the views of the government of the undersigned, and such was the spirit in which he was directed to act. As for the undersigned, while it was made his duty to manifest this feeling in all his official relations with the government of Mexico, it would have been to him, individually, a source of great gratification to have contributed, by every means in his power, to the restoration of those sentiments of cordial friendship which should characterize the intercourse of neighboring and sister republics.

"The undersigned is not to have the opportunity of carrying these intentions into effect. Mexico rejects the olive branch which has been so frankly extended to her, and it is not the province of the undersigned to criticise the motives and comment upon the influences, foreign or domestic, which have induced her to pursue this course, or to speculate upon the consequences to which it may lead. For a contingency so unexpected and unprecedented, no foresight could have provided; and the undersigned consequently finds himself without instructions to guide him in his very delicate and singular position. He shrinks from taking upon himself the fearful responsibility of acting in a matter that involves interests so momentous, and, as no motive can exist for protracting his stay in this capital, he will proceed in a few days to Jalapa, where he can communicate more speedily with his government, and there await its final instructions.

"The undersigned received with the communication of your excellency a sealed letter, directed to the secretary of state of the United States, with a request that it might be forwarded to its ad

dress. He regrets that he cannot comply with this request. The letter from the secretary of state to your excellency, of which the undersigned was the bearer, was unsealed, and he cannot consent to be made the medium of conveying to his government any official document from that of Mexico while he is ignorant of its contents. If Mr. Peña y Peña will favor the undersigned with a copy of his letter to the secretary of state, the undersigned will be happy to forward the original with his first despatches.

"He takes this occasion to tender to his excellency D. Manuel de la Peña y Peña the renewed assurances of his distinguished consideration. JOHN SLIDELL.

"His excellency MANUEL DE LA PENA Y PENA, Minister of Foreign Relations and Government.”

0.

LETTER.

Peña y Peña to the Council.

"DEPARTMENT OF FOREIGN RELATIONS, GOVERNMENT, AND POLICE,

MEXICO, December 11, 1845.

}

"I have the honor to submit to the council, through the medium of your excellency, the documents relative to the appointment of a commissioner of the government of the United States of America, for the peaceable settlement of the questions at issue between the two republics.

"As you will please to observe to the council, the proposition to appoint such a commissioner came spontaneously from the American government, which made it through the medium of its consul in Mexico; and our government accepted it, with the declaration that it did so in order to give a new proof, that even in the midst of its grievances, and of its firm decision to exact adequate reparation, it neither repelled nor contemned the measure of reason and peace to which it was invited, so that the proposition as well as the acceptance, rested upon the exact and definite understanding that the commissioner should be appointed ad hoc; that is to say, for the settlement of the questions of Texas in a pacific and honorable manner. "As the council will also see, in the last official communications

among the documents submitted, Mr. John Slidell has arrived in this capital, as commissioner of the United States; but it does not appear that this gentleman has been appointed by his government as a minister instructed specially to treat on the questions of Texas, but with the general and absolute attributes of an envoy extraordinary and minister plenipotentiary, and that he is to reside in that character near the Mexican government, in the same manner and almost in the same words used in accrediting Mr. Wilson Shannon, as may be seen by reference to the document on that subject, herewith submitted.

"From these facts naturally flow the following reflections: :

"First. The mission of this commissioner has degenerated substantially from the class proposed on the part of the United States, and accepted by our government.

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Secondly. If this commissioner should be received simply in the character in which he appears, grounds would justly be afforded for the presumption that the relations between us and the United States remain free and open; a presumption which would be in reality most erroneous, and at the same time most injurious to the dignity and interests of Mexico.

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Thirdly. Should he be admitted in the character in which he presents himself, however explicitly we might protest that he was received only for the purpose of hearing his peaceful propositions respecting the affairs of Texas, it would always appear to the whole world that he had been received as, and had been a minister plenipotentiary residing near the Mexican republic; and it is evident that this fact might serve to confuse or to diminish the most clear and direct protests.

"Fourthly. The government of Mexico neither could nor ought to refuse the invitation given to it on the part of the United States, to hear and deliberate upon peaceful propositions respecting Texas. In adopting this course, which morality requires, prudence counsels, and the most learned and judicious publicists recommend, the government observed the principle which they lay down as just and proper: As the evil of war is terrible, in the same proportion are nations called on to reserve to themselves the means of terminating it. It is therefore necessary that they should be able to send ministers to each other, even in the midst of hostilities, in order to make propositions for peace, or tending to diminish the fury of arms.

* * It may be stated as a general maxim, that the minister

of an enemy ought always to be admitted and heard; that is to say, that war alone, and of itself, is not a sufficient reason for refusing to hear any proposition which an enemy may offer,' &c. But if this doctrine be just and rational, so also it is just, that the fact of a nation's having assented to hear propositions of peace, made to it by its enemy, should not serve as a means of obscuring its rights, and silencing, in that way, the demands of its justice. Such would be the case, if Mexico, after assenting to receive and hear a commissioner of the United States, who should come to make propositions of peace respecting the department of Texas, should admit a minister of that nation, absolute and general, a common plenipotentiary to reside near the Mexican republic.

"Fifthly. It is true, that in the communication addressed to our president, by the president of the United States, it is declared that the commissioner is informed of the sincere desire of the latter to restore, cultivate, and strengthen friendship and good correspondence between the two countries; but it is clear that neither this clause, nor still less the single word restore, is sufficient to give to Mr. Slidell the special character of commissioner to make propositions respecting Texas, calculated to establish peace firmly, and to arrest the evils of war by a definitive settlement. The reason of this is, that the full powers of such a minister should be adequate to the business for which he is appointed.

"Sixthly. The settlement which the United States seek to effect in order to attain peace and good correspondence with Mexico, which have been suspended by the occurrences in Texas, is a point necessarily to be determined before any other whatever; and until that is terminated entirely and peacefully, it will be impossible to appoint and admit an American minister to establish his residence near the government of Mexico.

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Seventhly. Moreover, the president of the United States cannot appoint ambassadors, nor any other public ministers, nor even consuls, except with the consent of the senate. This is fixed by the second paragraph of the second section, article second, of their national constitution. But in the credentials exhibited by Mr. Slidell, this requisite, indispensable to give legality to his mission, does not appear.

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Eighthly. Nor could that requisite have appeared, as Mr. Slidell was appointed by the president on the 10th of November last, and Congress did not assemble until the first Monday of the present