Abbildungen der Seite
PDF
EPUB

month of December, agreeably to the second paragraph of the fourth section, article first, of the same constitution.

66

Ninthly, and finally. It is a principle most salutary and natural that he who is about to treat with another has the right to assure himself by inquiries as to the person and the powers of the individual with whom he is to enter into negotiation. And this universal principle of jurisprudence extends also to affairs between nation and nation. Hence comes the necessity that every minister should present his credentials; and hence his examination and qualification by the government to which he presents himself.

"From all these considerations the supreme government conIcludes that Mr. Slidell is not entitled to be admitted in the case in question as a commissioner of the government of the United States, with the object of hearing his propositions, and settling upon them the affairs of Texas; that it will admit the commissioner whenever he may present himself in compliance with the conditions wanting in the credentials as above mentioned; and that this should be the answer given to him. The supreme government, however, desiring to fortify its judgment, in a case of so delicate a nature, by the opinion of its enlightened council, hopes that this body will, without delay, communicate what it considers proper to be done on the affair.

"MANUEL DE LA PENA Y PENA.”

P.

LETTER

Of Mr. Black to Mr. Slidell.

[Extracts.]

"CONSULATE OF THE UNITED STATES OF AMERICA,

MEXICO, December 15, 1845.

"In compliance with your request, I have the honor to give you, herewith, a written statement of what passed between his excellency Manuel de la Peña y Peña, minister of foreign relations, &c., of the Mexican government, and myself, in the two interviews had with the said minister, on the evenings of the 8th and 13th instant, held at his house, as follows:

"At the interview of Monday evening, the 8th instant, which

took place between the hours of six and seven, I stated to his excellency that I presumed he knew of the arrival in this city of the Hon. John Slidell, as envoy, &c., from the government of the United States. He replied that he had been informed of it that day. I then told him that I had made known to Mr. Slidell what his excellency had communicated to me, in our interview of Wednesday, the 3d instant, in relation to the fears entertained by the Mexican government on account of his arrival at this time, as it would have better suited the Mexican government, and they would be more able to carry out their views in relation to the mission, if the envoy had arrived a month later; and that our minister, Mr. Slidell, had regretted much that he had not known the wish of the Mexican government in relation to this point before he left home, as it would also have better suited his convenience to have deferred his coming a month longer; but it was his impression that it was the wish of the Mexican government that he should arrive with as little delay as possible.

"His excellency replied that he had been under the impression, from what had been intimated by myself and others, that an envoy would not be appointed by the government of the United States until after the meeting of Congress, which would not take place until the first of December; that the Mexican government were engaged in collecting the opinion of the departments in relation to this affair, in order that they might be prepared and better able to carry out their views respecting the same; that he himself was well disposed to have everything amicably arranged, but that the opposition was strong, and opposed the government with great violence in this measure, and that the government had to proceed with great caution; that nothing positive could be done until the new Congress meet in January; but that, in the meantime, they would receive the minister's credentials, examine them, and be treating on the subject. He wished to know when I thought the minister would receive the confirmation of his appointment by the senate. I said, this he would likely know in a few days.

* * *

"I then presented to his excellency the letter of the Hon. John Slidell, enclosing a copy of his credentials and a letter from the Hon. James Buchanan, secretary of state of the United States; at the same time asking the Mexican minister when it would be convenient to give an answer; to which he replied, on Wednesday evening, the 10th instant, at the same hour and place, and requested

that I would attend to receive the same accordingly; to which I consented; but, about four o'clock in the afternoon of that day, I received a note from Mr. Monasterio, chief clerk of the foreign department, advising me that the minister could not receive me that night (as agreed on) on account of it having been determined to hear the opinion of the government council on the subject of the arrival of the minister from the United States; but as soon as he was ready for the conference arranged with me, he would have the pleasure to advise me, as will be seen by a copy of said note, which I transmit herewith.

"On Saturday evening, the 13th instant, at the request of Mr. Slidell, I called on the Mexican minister, Señor Peña, at his house to inquire when an answer would be given to his (Mr. Slidell's) aforesaid note. He replied, that the affair had been submitted to the government council, in a special session of this day, and that it had been referred to a committee, and that as soon as the committee made a report, and the council should decide, he would then advise me, through Mr. Monasterio, when he was ready for the conference to present to me the answer for Mr. Slidell; as he said when he came to examine the credentials of Mr. S. he found them to be the same as those presented by Mr. Shannon, and other former ministers - as a minister to reside near the government of Mexico, just as if there had been no suspension of the diplomatic and friendly rela tions between the two governments; that the Mexican government understood the present mission to be a special mission, and confined to the differences in relation to the Texas question, and not as a mission to reside near the Mexican government, as in ordinary cases; that of course would follow when the first question was decided.

66

I replied, that as I understood it, the Mexican government had not only agreed to receive an envoy, intrusted with full powers to settle the questions in dispute in relation to the affairs of Texas, but all the questions in dispute between the two governments, as proposed by the government of the United States. He replied, that the credentials of Mr. Slidell had not reference to any questions in dispute, but merely as a minister to reside near the Mexican government, without reference to any questions in dispute, just as if the diplomatic and friendly relations between the two governments had not been and were not interrupted; that I knew the critical situation of the Mexican government, and that it had to proceed with great

caution and circumspection in this affair; that the government itself was well disposed to arrange all differences.

*

*

"He said he was happy to say that he had received very favorable information in relation to our minister, the Hon. Mr. Slidell; that he understood he was a person indued with excellent qualities, and an eminent lawyer; and as he himself was of that profession, they would be able to understand each other better, and that he would be much pleased to cultivate his acquaintance; and that if etiquette and the present state of affairs would permit, he would be happy to pay him a visit, even before he was presented to the government; and said he would advise me, through Mr. Monasterio, when he was ready to present to me the answer to Mr. Slidell's note.

"The foregoing, sir, is, as far as my recollection will serve, a true statement of what passed between the aforesaid Mexican minister and myself in the beforementioned interviews."

Q.

BOUNDARY OF TEXAS.

In his message of December, 1846, Mr. Polk says,

"The Texas which was ceded to Spain by the Florida treaty of 1819, embraced all the country now claimed by the state of Texas between the Nueces and the Rio Grande. The republic of Texas always claimed this river as her western boundary, and in her treaty made with Santa Anna, in May, 1836, he recognized it as such. By the constitution which Texas adopted in March, 1836, senatorial and representative districts were organized extending west of the Nueces. The Congress of Texas, on the 19th of December, 1836, passed'An act to define the boundaries of the republic of Texas,' in which they declared the Rio Grande, from its mouth to its source, to be their boundary, and by the said act they extended their 'civil and political jurisdiction' over the country up to that boundary. During a period of more than nine years, which intervened between the adoption of her constitution and her annexation as one of the States of our Union, Texas asserted and exercised many acts of sovereignty and jurisdiction over the territory and inhabitants west of the Nueces. She organized and defined the

limits of countries extending to the Rio Grande. She established courts of justice and extended her judicial system over the territory. She established a custom-house, and collected duties, and also post-offices and post roads, in it. She established a land office, and issued numerous grants for land, within its limits. A senator and a representative residing in it were elected to the Congress of the republic, and served as such before the act of annexation took place. In both the Congress and convention of Texas, which gave their assent to the terms of annexation to the United States, proposed by our Congress, were representatives residing west of the Nueces, who took part in the act of annexation itself. This was the Texas which, by the act of our Congress of the 29th of December, 1845, was admitted as one of the States of our Union. That the Congress of the United States understood the State of Texas, which they admitted into the Union, to extend beyond the Nueces is apparent from the fact, that on the 31st of December, 1845, only two days after the act of admission, they passed a law 'to establish a collection district in the State of Texas,' by which they created a port of delivery at Corpus Christi, situated west of the Nueces, and being the same point at which the Texas customhouse, under the laws of that republic, had been located, and directed that a surveyor to collect the revenue should be appointed for that port by the president, by and with the advice and consent of the senate. A surveyor was accordingly nominated, and confirmed by the senate, and has been ever since in the performance of his duties. All these acts of the republic of Texas, and of our Congress, preceded the orders for the advance of our army to the east bank of the Rio Grande. Subsequently, Congress passed an act 'establishing certain post routes,' extending west of the NuThe country west of that river now constitutes a part of one of the congressional districts of Texas, and is represented in the house of representatives. The senators from that State were chosen by a legislature, in which the country west of that river was represented. In view of all these facts, it is difficult to conceive upon what ground it can be maintained that, in occupying the country west of the Nueces with our army, with a view solely to its security and defence, we invaded the territory of Mexico. But it would have been still more difficult to justify the executive, whose duty it is to see that the laws be faithfully executed, if in the face of all these proceedings, both of the Congress of Texas

eces.

« ZurückWeiter »