IV.--NEGOTIATIONS AND WAR.

In September, 1845, the President of the United States directed their

consul at Mexico to ascertain from the Mexican Government, whether it

would receive an _Envoy_ from the United States, intrusted with full

power to adjust all the questions in dispute between the two

Governments.

The answer of Mr. De la Pena y Pena, Minister of the Foreign Relations

of Mexico, was, "That although the Mexican nation was deeply injured by

the United States, through the acts committed by them in the department

of Texas, which belongs to his nation, his Government was disposed to

receive the _Commissioner_ of the United States who might come to the

capital, with full powers from his Government to settle the present

dispute in a peaceful, reasonable and honorable manner;" thus giving a

new proof that, even in the midst of its injuries and of its firm

decision to exact adequate reparation for them, the Government of Mexico

does not reply with contumely to the measures of reason and peace to

which it was invited by its adversary.

The Mexican Minister at the same time intimated, that the previous

recall of the whole Naval force of the United States, then lying in

sight of the port of Vera Cruz, was indispensable; and this was

accordingly done by our Government.

But it is essential to observe that, whilst Mr. Black had, according to

his instructions, inquired, whether the Mexican Government would receive

an _Envoy_ from the United States, with full power to adjust all the

questions in dispute between the two Governments, the Mexican Minister

had answered, that his Government was disposed to receive the

_Commissioner_ of the United States, who might come with full powers to

settle the present dispute in a peaceful, reasonable and honorable

manner.

Mr. Slidell was, in November following, appointed Envoy Extraordinary

and Minister Plenipotentiary of the United States of America near the

Government of the Mexican Republic; and he arrived in Mexico on the

sixth of December.

Mr. Herrera, the President of Mexico, was undoubtedly disposed to settle

the disputes between the two countries. But taking advantage of the

irritation of the mass of the people, his political opponents were

attempting to overset him for having made, as they said, unworthy

concessions. The arrival of Mr. Slidell disturbed him extremely; and Mr.

Pena y Pena declared to Mr. Black, that his appearance in the capital at

this time might prove destructive to the Government, and thus defeat the

whole affair. Under these circumstances General Herrera complained,

without any foundation, that Mr. Slidell had come sooner than had been

understood; he resorted to several frivolous objections against the

tenor of his powers; and he intimated that the difficulties respecting

Texas must be adjusted before any other subject of discussion should be

taken into consideration.

But the main question was, whether Mexico should receive Mr. Slidell in

the character of Envoy Extraordinary and Minister Plenipotentiary, to

reside in the republic. It was insisted by the Mexican Government, that

it had only agreed to receive a commissioner, to treat on the questions

which had arisen from the events in Texas; and that until this was done,

the suspended diplomatic intercourse could not be restored, and a

residing minister plenipotentiary be admitted.

Why our Government should have insisted, that the intended negotiation

should be carried on by a residing Envoy Extraordinary and Minister

Plenipotentiary, is altogether unintelligible. The questions at issue

might have been discussed and settled as easily, fully and

satisfactorily, by commissioners appointed for that special purpose, as

by residing ministers or envoys. It is well known that whenever

diplomatic relations have been superseded by war, treaties of peace are

always negotiated by commissioners appointed for that special purpose,

who are personally amply protected by the law of nations, but who are

never received as resident ministers, till after the peace has restored

the ordinary diplomatic intercourse. Thus the treaty of peace of 1783,

between France and England, was negotiated and concluded at Paris by

British commissioners, whom it would have been deemed absurd to admit as

resident envoys or ministers, before peace had been made.

The only distinction which can possibly be made between the two cases

is, that there was not as yet actual war between Mexico and the United

States. But the annexation of Texas was no ordinary occurrence. It was a

most clear act of unprovoked aggression; a deep and most offensive

injury; in fact, a declaration of war, if Mexico had accepted it as

such. In lieu of this, that country had only resorted to a suspension of

the ordinary diplomatic relations. It would seem as if our Government

had considered this as an act of unparalleled audacity, which Mexico

must be compelled to retract, before any negotiations for the

arrangement of existing difficulties could take place; as an insult to

the Government and to the nation, which must compel it to assert its

just rights and _to avenge its injured honor_.

General Herrera was not mistaken in his anticipations. His government

was overset in the latter end of the month of December, 1845, and fell

into the hands of those who had denounced him for having listened to

overtures of an arrangement of the difficulties between the two nations.

When Mexico felt its inability to contend with the United States; and,

instead of considering the annexation of Texas to be, as it really was,

tantamount to a declaration of war, only suspended the ordinary

diplomatic relations between the two countries, its Government, if

directed by wise counsels, and not impeded by popular irritation, should

at once, since it had already agreed to recognize the independence of

Texas, have entered into a negotiation with the United States. At that

time there would have been no intrinsic difficulty in making a final

arrangement founded on an unconditional recognition of the independence

of Texas, within its legitimate boundaries. Popular feeling and the

ambition of contending military leaders, prevented that peaceable

termination of those unfortunate dissensions.

Yet, when Mexico refused to receive Mr. Slidell as an Envoy

Extraordinary and Minister Plenipotentiary, the United States should

have remembered, that we had been the aggressors, that we had committed

an act acknowledged, as well by the practical law of nations, as by

common sense and common justice, to be tantamount to a declaration of

war; and they should have waited with patience, till the feelings

excited by our own conduct had subsided.

General Taylor had been instructed by the War Department, as early as

May 28, 1845, to cause the forces under his command to be put into a

position where they might most promptly and efficiently act in defence

of Texas, in the event that it should become necessary or proper to

employ them for that purpose. By subsequent instructions, and after the

people of Texas had accepted the proposition of annexation, he was

directed to select and occupy a position adapted to repel invasion, as

near the boundary line, the Rio Grande, as prudence would dictate; and

that, with this view, a part of his forces at least should be west of

the river Nueces. It was certainly the duty of the President to protect

Texas against invasion, from the moment it had been annexed to the

United States; and as that republic was in actual possession of Corpus

Christi, which was the position selected by General Taylor, there was

nothing, in the position he had taken, indicative of any danger of

actual hostilities.

But our Government seems to have considered the refusal, on the part of

Mexico, to receive Mr. Slidell as a resident Envoy of the United States,

as necessarily leading to war. The Secretary of State, in his letter to

Mr. Slidell of January 28, 1846, says:--"Should the Mexican Government

finally refuse to receive you, the cup of forbearance will then have

been exhausted. Nothing can remain but to take the redress of the

injuries to our citizens, and the insults to our Government, into our

own hands." And again, "Should the Mexican Government finally refuse to

receive you, then demand passports from the proper authority, and return

to the United States. It will then become the duty of the President to

submit the whole case to Congress, and call upon the nation to assert

its just rights, and avenge its injured honor."

With the same object in view, the Secretary of War did, by his letter

dated January 13, 1846, instruct General Taylor "to advance and occupy,

with the troops under his command, positions on or near the east bank of

the Rio del Norte.... It is presumed Point Isabel will be considered by

you an eligible position. This point, or some one near it, and points

opposite Matamoras and Mier, and in the vicinity of Laredo, are

suggested for your consideration.... Should you attempt to exercise the

right, which the United States have in common with Mexico, to the free

navigation of this river, it is probable that Mexico would interpose

resistance. You will not attempt to enforce this right without further

instructions.... It is not designed, in our present relations with

Mexico, that you should treat her as an enemy; but, should she assume

that character by a declaration of war, or any open act of hostility

towards us, you will not act merely on the defensive if your relative

means enable you to do otherwise."

The administration was therefore of opinion, that this military

occupation of the territory in question was not an act of hostility,

towards Mexico, or treating her as an enemy. Now, I do aver, without

fear of contradiction, that whenever a territory claimed by two powers

is, and has been for a length of time in the possession of one of them,

if the other should invade and take possession of it by a military

force, such an act is an open act of hostility according to the

acknowledged and practical law of nations. In this case the law of

nations only recognizes a clear and positive fact.

The sequel is well known. General Taylor, with his troops, left Corpus

Christi, March 8th to 11th, 1846, and entered the desert which

separates that place from the vicinity of the del Norte. On the 21st he

was encamped three miles south of the Arroyo, or Little Colorado, having

by the route he took marched 135 miles, and being nearly north of

Matamoras about thirty miles distant. He had on the 19th met a party of

irregular Mexican cavalry, who informed him that they had peremptory

orders, if he passed the river, to fire upon his troops, and that it

would be considered a declaration of war. The river was however crossed

without a single shot having been fired. In a proclamation issued on the

12th, General Mejia, who commanded the forces of the Department of

Tamaulipas, asserts, that the limits of Texas are certain and

recognized, and never had extended beyond the river Nueces, that the

cabinet of the United States coveted the regions on the left bank of the

Rio Bravo, and that the American army was now advancing to take

possession of a large part of Tamaulipas. On the 24th March General

Taylor reached a point on the route from Matamoras to Point Isabel,

eighteen miles from the former, and ten from the latter place, where a

deputation sent him a formal Protest of the Prefect of the Northern

District of the Department of Tamaulipas, declaring, in behalf of the

citizens of the district, that they never will consent to separate

themselves from the Mexican Republic, and to unite themselves with the

United States. On the 12th of April, the Mexican General, Ampudia,

required General Taylor to break up his camp within twenty-four hours,

and to retire to the other bank of the Nueces river, and notified him

that, if he insisted in remaining upon the soil of the Department of

Tamaulipas, it would clearly result that arms alone must decide the

question; in which case, he declared that the Mexicans would accept the

war to which they had been provoked. On the 24th of April, General

Arista arrived in Matamoras, and on the same day, informed General

Taylor, that he considered hostilities commenced, and would prosecute

them. On the same day, a party of sixty-three American dragoons, who had

been sent some distance up the left bank of the river, became engaged

with a very large force of the enemy, and after a short affair, in which

about sixteen were killed or wounded, were surrounded and compelled to

surrender. These facts were laid before Congress by the President in his

message of the 11th of May.

Peace with Mexico · 第 6 / 10 题