Meanwhile a treaty of amity and commerce, proposed by Poinsett at

about the same time as the treaty of limits, had been pursuing a

checkered career, though a similar agreement between Mexico and England

went rapidly through. At one stage of the proceedings the Mexican

plenipotentiaries kept our minister entirely in the dark about an

important concession made to Great Britain, falsely assuring him that

equally favorable terms were offered to this country. Indeed, Victoria

showed a strong disposition to block the business altogether. July 10,

1826, however, the negotiators reached an agreement, but it did not

prove satisfactory to the American Senate. A second treaty signed in

February, 1828, did not please the Congress of Mexico, and was properly

rejected. At a later date negotiations were again resumed; but in 1831

that body held the matter in abeyance for more than nine months. At

last, one day before the session was to close, our minister gave notice

that unless the treaty were concluded, he would leave the country. The

government at Washington also exerted some pressure by insisting that

the two matters should fare alike, and postponing the re-ratification of

the treaty of limits; and consequently both treaties became law at the

same time, April 5, 1832. Yet for nearly a year the commercial treaty

was not promulgated by Mexico; and hence, though her citizens residing

in the United States could have the benefit of it, Americans in Mexico

could not, for the local authorities with whom it was necessary to deal

declared they had no knowledge of such an agreement.[3.8]

Toward the close of 1829 Guerrero, as a desperate throw for popularity,

asked for the recall of Poinsett, merely saying that public opinion

demanded it; and then for about six years the United States had as its

representative a friend of Jackson's named Anthony Butler, whose only

qualifications for the post were an acquaintance with Texas and a strong

desire to see the United States obtain it. In brief, he was a national

disgrace. Besides having been through bankruptcy more than once, if we

may believe the Mexican minister at Washington, and having a financial

interest in the acquisition of this Mexican territory, he was personally

a bully and swashbuckler, ignorant at first of the Spanish language

and even the forms of diplomacy, shamefully careless about legation

affairs, wholly unprincipled as to methods, and, by the testimony of two

American consuls, openly scandalous in his conduct. One virtue, to be

sure, according to his own account he possessed: he never drank spirits;

but one learns of this with regret, for an overdose of alcohol would

sometimes be a welcome excuse for him.[3.9]

His particular business was to obtain as much of Texas as possible, an

enterprise that lay close to Jackson's heart; and he began by visiting

the province--about whose loyalty and relations with the United States

much concern was already felt at Mexico--when on the way to his post.

This promise of indiscretion in office was admirably fulfilled.

Maintaining a hold on our President by positive assurances of success,

he loafed, schemed, made overtures, threatened, was ignored, rebuffed,

snubbed and cajoled, fancied he could outplay or buy the astute and

hostile Alamán, tried to do "underworking" with Pedraza, plotted bribery

with one Hernández, the confessor of Santa Anna's sister, grossly

violated his conciliatory instructions by engaging in a truculent

personal affair with Tornel, and was finally, after ceasing to represent

us, ordered out of the country. In short he succeeded only in proving

that we had for minister a cantankerous, incompetent rascal, in making

it appear that our government was eager to obtain Mexican territory,

and in suggesting--though explicitly and repeatedly ordered to eschew

all equivocal methods--that we felt no scruples as to means. On the

ground of Butler's connection with disaffected Texas, Mexico politely

asked for his recall near the close of 1835, and in December Powhatan

Ellis, born a Virginian but now a federal judge in Mississippi, was

appointed chargé d'affaires.[3.10]

[THE TEXAN REVOLUTION]

A few months later Texas broke away from the mother-country, and her

former lords felt sure that from beginning to end, in the colonization,

rebellion and successful defence of that region, the hand of the

American government could plainly enough be seen. Their state of feeling

seemed to Butler "a perfect tempest of passion," and Ellis believed

that the Cabinet of Mexico discussed seriously the question of an open

rupture with the United States. The Mexican view, however, although

supported by a section of the American public, was radically incorrect.

Essentially the migration of our citizens across the Sabine formed a

part of the great movement that peopled the Mississippi valley. The

causes of the Texan rebellion were provided by Mexico herself. That

step actually crossed the wish and aims of our administration, which

desired to buy the province--not see it become an independent country.

From the very first, our national authorities proclaimed and endeavored

to enforce neutrality; and they gave the Texans no assistance in their

struggle for independence. The British minister at Mexico expressed the

opinion to Santa Anna that our government had done all that could be

expected, and all that lay in its power; and Santa Anna did not venture

to deny this. Individual Americans and sometimes Americans in groups

did, it is true, contribute materially to aid the cause of Texas; but

in most cases their action was entirely lawful, while in the others it

could not be prevented. Moreover, these few trespasses against the law

of neutrality were in substance only just retribution for the tyranny,

misgovernment and atrocities of Mexico. In reality, therefore, our

skirts were as clear as reasonably could have been expected.[3.11]

One phase of the case, however, which excited special indignation

at Mexico, requires notice. Two streams from the north send their

waters into Sabine Lake, and it was held by some that either of these

could be regarded as the Sabine River and, therefore, as marking the

boundary. In October, 1833, Butler urged that we insist upon the western

stream, commonly called the Neches, and occupy in force the valuable

intermediate region, which included Nacogdoches; and for a time Jackson

felt inclined to do so. Near the close of 1835 Mexico was officially

warned against encroaching upon our territory while fighting the

Texans, and suspected that Secretary of State Forsyth took this action

with a view to the Nacogdoches district. She therefore became alarmed,

and early in 1836 a special minister hastily set out for Washington

to investigate the matter. This minister was Manuel E. de Gorostiza,

a witty, agreeable man of the world, Mexican by birth, Spanish by

education, the author of some clever dramas, but not professionally a

topographer, a lawyer or even a diplomat.[3.12]

[BOUNDARY DIFFICULTIES]

Then a delicate matter became suddenly menacing. On both sides of the

Sabine there were Indians, who loved war, whisky and plunder as much

as they hated work and the whites. A paper boundary, particularly one

in dispute, meant nothing to them. Once roused, they were practically

sure, as Gorostiza admitted, to rob and murder wherever they could;

and not only the fighting in Texas but at least one Mexican emissary

enkindled their passions. United States Indians crossed the line and

perpetrated outrages. Homes were abandoned. People fled panic-stricken

from the vicinity of Nacogdoches; citizens of the town implored American

protection against our own Indians; and evidence of an incipient

conflagration was placed in the hands of General E. P. Gaines, who

commanded our troops on the border.[3.12] Now the treaty of amity

required each country to prevent its Indians from ravaging the other;

but, as Mexico did not wish us at this time to keep our savages

from harassing the Texans, and did not request us to act for her in

fulfilling her pledge, which she could not fulfil herself, possibly

the treaty, though often cited by the United States, had technically

no direct bearing. But the American government argued rightly that

substance was more important than form; that the intent of the treaty

was to require both countries to prevent "by all the means in their

power" an Indian war on the frontier; that it was the paramount duty

of the Executive to protect our people, who, as Gorostiza virtually

admitted, were liable to be endangered by the threatened conflagration;

that as it was known to be physically impossible for Mexico to comply

with the treaty, she could not complain of us for doing what she had

agreed ought to be done, and had undertaken to do; that, should it be

necessary to cross what had been commonly assumed to be the boundary

in order to perform our duty--particularly in order to prevent our own

Indians from perpetrating outrages on the other side--common sense and

the spirit of the treaty warranted our doing it; and that, on account

of the distance to the Sabine, it was necessary to give the general

commanding there a certain credence and a certain discretion. Our

government could have reasoned also, and very likely it did, that the

strong desire of the Texans, _de facto_ successors to the Mexicans in

that region, that we should fulfil the obligation which the treaty

created, was an additional ground for so doing.[3.12]

Accordingly Gaines, while ordered with strong emphasis to maintain a

rigid neutrality, was authorized to advance as far as Nacogdoches--an

excellent point from which to defend the American frontier and prevent

our Indians from operating beyond it--should such a step seem positively

necessary; and then, as measures of precaution, Forsyth not only

explained our views and intentions personally to Gorostiza, but made

in writing what that minister himself described as a "frank and noble"

statement, saying that the occupation of the intermediate region, should

it occur, would be temporary and for the sole purpose indicated, and

would have no significance in regard to the boundary question.[3.12]

Apparently satisfied by the directness and candor of this policy,

Gorostiza at first admitted the right of the United States to enter

Texas in order to punish actual or prevent intended outrages, and

thus conceded that the frontier could be crossed without offence. But

apparently, when he had taken leave of the secretary of state, his

distrust returned, and his Mexican subtlety imagined all sorts of ugly

possibilities. It disturbed him that Forsyth did not formally commit

himself, in advance of a survey, against the Neches claim. It alarmed

him to find that the state department could not give him early and exact

information as to Gaines's movements in a remote, unsettled region.

He felt angry that Lewis Cass, who was secretary of war but of course

had no control over our foreign relations, looked upon Nacogdoches

as American territory. Various other things also appeared to him

suspicious, when really his lack of judgment was the chief or only

reason. Most important of all, no doubt, he thought of public opinion

in Mexico, which was entirely unacquainted with American directness

as exemplified by Forsyth, intensely suspicious of us, and intensely

hostile.[3.12]

[DIPLOMATIC CLASHES]

He retracted, therefore, as much as possible of his concurrence, opened

a war of notes upon our state department, and near the end of the year

1836, on learning from the secretary that in spite of his objections

American troops had gone to Nacogdoches, demanded his passports, and

left our shores in wrath. His conduct in so doing was officially

endorsed by his government, and anti-American feeling in that country

became deeper and hotter than before. Nothing could be seen there except

that "sacred" soil claimed and long occupied by Mexico, though now out

of her control, had been profaned by Gaines's troops, and thus, as all

Mexicans argued, the way opened for limitless aggressions. To make the

case even worse, it was erroneously believed that Houston's victory at

San Jacinto had really been gained by troops then in the service of the

United States, and it was said that we were preparing to attack Mexico

very soon by sea and by land.[3.12]

Our recognition of Texas, which occurred early in 1837, was entirely in

line with our previous action in similar cases, was less prompt than our

recognition of Mexico herself had been, and seemed not only warranted

but required by the circumstances. That republic had a government in

operation which appeared to be competent, and was thought likely to

endure. Santa Anna, the President of Mexico, admitted that she could not

hope to gain control of the revolted province, even should its troops

be vanquished in the field, and expressed a desire that we should open

the way to a settlement of the controversy by granting recognition.

After 1836, as the Mexican minister of war stated eight years later,

there was no serious talk of attempting to subdue Texas. At the date of

recognition, since war between us and Mexico seemed almost inevitable,

there appeared to be no great need of considering her susceptibilities;

and it was feared that England entertained certain designs, unfavorable

to us, regarding Texas, which could be defeated or at least hindered by

taking this action. As Mexico was totally unable to protect American

vessels in the port of Galveston, we had to establish relations with the

power that could do so, or else conduct an important part of our trade

under hazardous conditions; and no commercial nation willingly accepts

the second alternative in such a case. Finally, the leading powers of

Europe endorsed our course by doing the same thing before any material

change in the situation occurred.[3.13]

Mexico, however, would see none of these facts. Our earliest moves

toward recognition were looked upon by her, said the British minister,

"as the consummation of a design long since entertained" to rob her

of that valuable territory, and excited, as he remarked, a "bitter

animosity" that no explanation could even mitigate; and our formal

action became one more standing ground of complaint and wrath against

the government and people of the United States.[3.13]

In 1842 Mexican feeling was intensified. At this time Santa Anna

thought it advisable to rekindle the Texan war, now virtually dormant

for six years. Very likely he did not wish to let the case go by

default; naturally his recollections of Texan hospitality moved him to

reciprocate; and in all probability he believed that any prospect of

fighting Texas or the United States in the name of national honor would

help to make his autocratic military rule more acceptable. Accordingly,

several annoying though ineffective raids beyond the Rio Grande

occurred, and a serious invasion was threatened. Upon this, many Texan

sympathizers in the Unites States and many who thought they saw England

supporting the Mexican operations, held meetings, contributed funds, and

even migrated to Texas with guns on their shoulders, all of which they

could legally do.[3.14]

In pursuance of Santa Anna's policy--probably also to gratify the strong

and universal sentiment of his fellow-citizens, aid the anti-Texas and

anti-administration party in the United States, neutralize perhaps the

good understanding between the United States and England resulting

from the settlement of our northeastern boundary, and possibly gain

the sympathy not only of Great Britain, but of her friend Louis

Philippe--Bocanegra, the minister of relations, now declared war

upon us in the field of diplomacy. May 12, 1842, he addressed Daniel

Webster, then secretary of state, directly, protesting against the

aid given Texas by our citizens, and asking whether the United States

could injure Mexico any more, if openly at war against her. "Certainly

not," he said, in reply to his own question. Then he issued a circular

to the diplomatic corps at Mexico, in which he charged our government

with tolerating aggressions made upon Mexican territory by "subaltern

and local authorities," and announced that while his country did not

wish to fight the United States, she would certainly do all that was

"imperatively required for her honor and dignity." Still not satisfied,

he wrote again to Webster, though an answer to the first letter was

not yet due, accusing the American Cabinet itself of "conduct openly

at variance with the most sacred principles of the law of nations and

the solemn compacts of amity existing between the two countries," and

threatening that a continuance of this policy would be regarded as "a

positive act of hostility."[3.14]

In reply to Bocanegra's first despatch, Webster said that the American

government utterly denied and repelled the charges made against it, and

then with characteristic power he discussed and refuted them. We shall

still maintain neutrality, he concluded, "but the continuance of amity

with Mexico cannot be purchased at any higher rate." To Bocanegra's

second letter his reply was no less positive but a great deal briefer.

The President, he wrote, considers the language and tone of that

communication "highly offensive," and orders "that no other answer be

given to it than the declaration that the conduct of the Government of

the United States, in regard to the war between Mexico and Texas, having

been always hitherto governed by a strict and impartial regard to its

neutral obligations, will not be changed or altered in any respect or in

any degree."[3.14]

This compelled Mexico, as the British minister observed, to accept the

rebuke invited by her imprudent language or begin hostilities. The

former course was chosen; and Bocanegra humbly replied that, relying

upon Webster's "frank declaration" of neutrality, he would not dwell

further upon the subject. Even before Webster was heard from, our

minister described the state of feeling at Mexico as "most bitter";

and such a correspondence, disagreeable enough to Mexican pride, tended

naturally to bring the two countries nearer to the tented field.

Richtofen, the Prussian envoy at Mexico, said that Bocanegra's note led

to a distinctly hostile state of things. At one time the President of

the United States did not see how war could be avoided; and the Mexican

press did about all it could to create a fighting temper.[3.14]

An opera bouffe sequel followed. Commodore T. A. C. Jones, lying at

Callao with our Pacific squadron, received some of Bocanegra's effusions

from the American consul at Mazatlán, who added that war seemed "highly

probable." Jones could not believe that a responsible minister would

write so fiercely unless prepared for a conflict, and he felt sure the

United States would not flinch. Anxious to provide a port of refuge for

American vessels, alarmed lest England should now obtain California

under some arrangement with Mexico, as she was thought ready to do, and

satisfied that hostilities would actually break out before he could

reach that coast, he sailed promptly and arrived at Monterey on October

19. Being a rather self-sufficient and hasty person, he investigated

the matter there in but a superficial manner, and the next day politely

occupied the town. He now found that war had not begun; and upon this,

after hauling down his flag and saluting that of Mexico, he sailed

away, while General Micheltorena, the governor, thundered grandiloquent

language at him from a safe distance. Naturally the authorities at

Mexico flared up at this episode; but they soon found that no charge

could be made against our government, and, realizing presently with our

minister's aid that the longest finger pointed toward Bocanegra and the

loudest laugh was at Micheltorena, they willingly allowed the matter to

fade away. It therefore sharpened Mexican hostility far less than might

have been expected, yet no doubt considerably.[3.15]

Meanwhile fresh trouble arose. The continuance of nominal war between

Mexico and Texas and the constant danger of raids interfered seriously

with our commercial interests. Near the end of June, 1842, therefore,

the American secretary of state, hoping to influence the government of

Mexico, observed to our minister that the war was "not only useless,

but hopeless, without attainable object, injurious to both parties

and likely to be, in its continuance, annoying and vexatious to other

commercial nations"; and this line of policy was followed up in January,

1843. Indeed, Webster gave notice that a formal protest would very

likely be made, unless the state of war should be ended or respectable

forces take the field.[3.14]

Naturally these remonstrances, however proper, gave much offence;

and the translation of John Quincy Adams's brilliant speech at

Braintree, Massachusetts, which made an eloquent but mistaken attack

upon the American administration, gave the newspapers of Mexico a

fresh opportunity and fresh reason to ventilate their suspicions of

us. A merciless warfare upon Texas was now announced; and Santa Anna

decreed in June, 1843, that all foreigners taken in arms on Texan soil

should be executed. In reply to this, our secretary of state declared

that American citizens could not be prevented from serving abroad,

as Frenchmen and Germans had served in our own revolutionary armies;

and that, if captured in Texas, they must be treated as prisoners of

war. "On this point," he insisted, "there can be no concession or

compromise."[3.14]

[AMERICAN GRIEVANCES]

Here our point of view must be shifted. So far we have mainly been

concerned with complaints on the part of Mexico, and it will be admitted

that in those affairs the United States did not materially injure her

in any unlawful way, and exhibited no malicious intentions. We must now

take up certain American grievances; and first in order may be mentioned

the summary execution of twenty-two of our citizens in 1835. Under the

revolutionist Mejía they had left the United States for Texas, but they

were conducted to Tampico and there were captured. The minister of

relations asserted that they were duly tried, and simply experienced the

rigor of the law; but our minister ascertained that no trial took place.

In spite of international law and treaty stipulations the government

ordered them shot, and shot they were--officially murdered. At the edge

of the grave eighteen of them signed a denial, their "dying words," that

any intention to invade Mexico had existed in their minds.[3.16]

Next may come the systematic endeavor of Mexico, even after signing the

treaty of amity and commerce, to hinder our people from crossing the

boundary, and in particular to keep them out of Texas. Article III of

the treaty said: "The citizens of the two countries shall have liberty

to enter into the same, and to remain and reside in any part of said

territories, respectively." All Mexicans were offered the full benefit

of this agreement in the United States; but a Mexican law, revived by

decree on April 4, 1837, with evident reference to our people, read

thus: "Foreigners are prohibited from settling in those States and

territories of the Confederacy which border on the territories of their

own nations." This was done on the ground that political mischief was

liable to result from their presence. Now some allowance is to be made

for this view. But in reality all international relations involve

danger, and the country that fears it should use precautions. American

sailors make trouble in French ports, but France does not refuse them

admission--she appoints policemen. The danger from Americans in Texas

was doubtless greater, but so were the advantages to be derived from

their coming. Had Mexico governed that region well, their presence

would have benefited her immensely; and to make a treaty sanctioning

foreign intercourse, and then endeavor to keep the main avenue of that

intercourse barred, in order to avoid the legitimate results of her own

misgovernment, was an international system decidedly more novel than

friendly, more ingenious than straightforward.[3.17]

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