In April, 1840, under a verbal order from the governor of upper

California, a considerable number of peaceable Americans and other

foreigners, residing at scattered points, were suddenly arrested in a

brutal and even bloody manner on the pretext of a conspiracy, and their

property was confiscated. Even the possession of legal passports did

not protect them. After suffering inhuman treatment, they were sent in

irons to Mexico. There only the charity of strangers preserved their

lives; and at length, after marching under blows and with bleeding feet

as far as Tepic, they were thrust into prisons. No doubt they were rough

in character and behavior, and the presence of such bold, vigorous

foreigners in a weakly governed region obviously involved some dangers;

but they had rights. No evidence justifying the treatment they received

was brought forward, and the government at Mexico, even while ordering

them expelled from the country without compensation, admitted the

illegality of their arrest. Finally, as the British minister demanded,

they were permitted to go home; but Mexico failed to bear the expense of

their journey, as she had promised to do, and paid but a slight, if any,

indemnity. Such conduct when she had millions for the army, the civil

wars and the pockets of officials, was inexcusable. Justly enough this

affair excited the deep indignation of our government and people.[3.18]

In June, 1841, a Texan expedition set out for Santa Fe, hoping to

bring about the incorporation of New Mexico in the new republic, but

not planning under any circumstances to make war; and a considerable

number of Americans--among them Kendall, editor of the New Orleans

_Picayune_--joined the caravan with commercial or other peaceable

aims. After a while the entire body were made prisoners by the Mexican

governor. Kendall's passport, when duly exhibited under a flag of truce,

was taken from him; and, although the utmost penalty incurred under

Mexican law by the non-combatant Americans was expulsion, they were

driven with instances of extreme brutality to Mexico, and compelled

to work in chains on public roads. For one reason or another a few of

our citizens gained their freedom from time to time; but it was not

until well on in 1842--and then as an act of condescension instead of

justice--that Santa Anna released the main body of them. Of course this

country felt highly incensed again; and the Executive, while disclaiming

all desire to screen Americans from any deserved punishment, ordered our

minister to protest against the treatment of the prisoners, declaring

that Mexico would be required to observe the rules prescribed by modern

public law. On the other side of the Rio Grande still more passion was

aroused, but in the opposite sense.[3.19]

Beginning in a humble way, a caravan trade between St. Louis, Santa

Fe and Chihuahua grew to large proportions, and eventually interested

even the New York and Philadelphia merchants; but this commerce, though

sanctioned by treaty, was looked upon by Mexico with disfavor from

the very first. Excessive taxes were imposed at the frontier and at

Chihuahua; and finally, in August, 1843, Santa Anna arbitrarily locked

the door. Possibly there was a baseless notion that political designs

upon New Mexico were entertained in the United States; competition with

native traders may have been feared; and it was charged that smuggling

occurred. But competition and smuggling are unavoidable features of

international commerce; and if they afforded an adequate reason for

disregarding a formal agreement, international trade arrangements would

not be worth making. Our citizens and government objected therefore

vigorously and with justice to Santa Anna's course.[3.20]

One week after this decree went forth, another prohibited the

importation of certain specified articles at any point, and ordered the

forfeiture of such merchandise, already in the hands of dealers, if not

sold within the ensuing twelve months. The list of articles, printed

solidly in small type, filled nearly an octavo page, and apparently was

intended to include almost everything embraced in our trade with Mexico.

Peculiarly harsh seemed the forfeiture provision. Not only was it _ex

post facto_, but our traders by paying the duty had become entitled to

the privilege of selling their goods; and the American secretary of

state could do no less than protest against the law, as "a manifest

violation of the liberty of trade secured by the treaty." Yet something

still more serious followed it, for aliens were soon prohibited from

doing retail business at all. An attempt was made to defend this order

on the ground that Americans residing in the country were subject to its

laws, usages and statutes; but our government replied that a treaty must

be regarded as the supreme law, and that if one solemn agreement with

Mexico could thus be made a nullity, all the other privileges accorded

us could one by one be abrogated.[3.21]

These commercial grievances, however, were trifles compared with

another of the same halcyon period. In July, 1843, Tornel, the

minister of war, instructed the governors of California and three

other northern departments to expel all citizens of the United States

residing therein, and permit no more of them to enter. Extraordinary

precautions were taken to keep this measure secret, and Waddy Thompson,

our representative at Mexico, first learned of it on December 23. Four

times he inquired in vain whether such an order had been issued; but

when he demanded his passports, Bocanegra attempted to justify Tornel's

instructions, arguing that every government is authorized to protect

itself against seditious aliens. This was an evasion, for the order had

reference to all Americans, however law-abiding. The outcome was that

now, after the order had been in force almost six months and after it

had been executed in at least one department, directions were given

to make it include all foreigners, and apply only to the seditious.

Thompson, strongly disposed to please the Mexicans, accepted this as

satisfactory; but his country did not, for the governors had authority

still to decide what Americans were dangerous, and expel these without

a trial. Besides, even the modified order required them to prevent our

citizens from entering their jurisdictions, and thus plainly violated

the treaty.[3.22]

All of the grievances thus far mentioned bore directly upon the general

government of Mexico, but there were also many others, primarily

chargeable to minor authorities, in which our national rights were

seriously attacked;[3.23] and next we reach the question of "American

claims"--that is to say, private injuries for which damages were asked.

At once the idea occurs to us that perhaps our citizens brought their

troubles upon themselves by peculiarly obnoxious conduct. This does not

appear likely to have been the rule, however, for the British, although

the Mexicans felt anxious to have their goodwill and assistance,

complained loudly and long, and their government protested in the most

emphatic and sweeping style. Indeed, said Ashburnham, the chargé of

England: "There is scarcely one foreign power with whom they have had

any relation, which has not had more or less cause to complain of the

iniquity and persecution to which its subjects here have been exposed;"

and France, though her claims were much smaller than ours, took up arms

on this account. Bearing in mind, then, how peculiarly inimical were the

people and authorities of Mexico toward us, one can readily imagine what

sort of treatment citizens of ours had to endure.[3.24]

[THE AMERICAN CLAIMS]

In the next place one desires to be sure whether our actual claims were

real or, as some American and Mexican writers have asserted, were simply

"trumped-up." That a few of the less important ones had no basis is

apparently true, but it must be remembered that our government was bound

to consider any case resting on _prima facie_ support, and ask for

an investigation. It could not, like the Mexican authorities, examine

the records necessary for the detection of all mistakes and frauds.

Moreover, the existence of unfounded claims, if such there were, does

not matter to us, for the real question is merely whether substantial

sums were justly demanded. On that point one immediately reflects, not

only that our national authorities were scarcely capable of conspiring

with skippers and traders to pick the pocket of Mexico, but that, had

they been silly enough to present a list of imaginary claims, her

quick-witted if not profound officials would have delighted to analyze

and expose the frauds. Coming then to the question, one can answer it

positively in the affirmative. Both national and international tribunals

decided that we had well-founded and substantial claims.[3.25]

It has been urged, however, that our demands required very difficult

and extensive investigations, which in the midst of her embarrassments

Mexico could not reasonably be expected to enter upon; but many, if not

most, of the claims were in fact simple.[3.26] It has been insisted

that as aggrieved Mexicans in the United States appealed to our courts,

the proper policy for aggrieved Americans was to appeal to the courts

of Mexico;[3.27] but the assumed analogy did not exist. The Mexican

tribunals, in addition to being notoriously bad from every point of

view, were sometimes deliberately used to perpetrate iniquities, and

could not always enforce their fair decisions.[3.28]

American writers have also argued that it was contemptible for a strong

and rich nation like ours to demand money from a poor neighbor; but

the extent of our national resources had no bearing on the rights of

individual citizens, crippled or impoverished by Mexican injustice.

This, however, is by no means all that should be said. The wisdom

and the equity of the civilized world are embodied in its laws, and

those laws agree that one's debts are to be paid. Spendthrifts are not

exempted from the effects of this rule, and the poverty of the Mexican

treasury was due not only to carelessness but also to crime. Moreover,

if an amiable, "_siempre-alegre_" young man borrows without repaying,

wastes his substance in riotous living, and perpetrates outrages on the

passers-by, it is the duty of some creditor to bring him before the

courts, and convince him in a practical manner that, as a member of

civilized society, he is accountable for his acts. The same principle

holds of international relations. "All political communities are

responsible to other political communities for their conduct," wrote

Canning to the Spanish government; Webster enunciated the same rule;

and it was not only the right but the duty of the United States--as a

fellow nation, a sister republic and a next neighbor--to bring Mexico

to her senses by teaching her what membership in the family of nations

involved. Had this been done at the beginning of her wild career,

she might have put her house in order before bad practices became

habitual.[3.29]

Again, we shall presently find good reasons to believe, that had

Mexico fairly examined our claims and frankly stated her financial

difficulties, a lenient arrangement regarding what were after all

moderate sums for a nation to pay could readily have been made. Further

still, if Mexico was too poor to discharge her debts promptly, it

was incumbent upon her, besides recognizing them, to show a certain

appreciation of the indulgence accorded her; but instead of so doing she

continued to harass American citizens, and showed, as we shall find,

a distinct lack of good-will and even of straightforwardness in her

dealings with us.

Finally, it has been repeated over and over again by American and

Mexican writers that our claims were urged aggressively. But the history

of the matter does not read in that way. Our demands for redress began

early in Poinsett's day. In October, 1829, Butler was directed to lay

them before the Mexican government, but at the same time to avoid

"anything like menace or defiance." Morning after morning his table was

covered with fresh American remonstrances against official conduct,

he reported, and for years his efforts met only with rebuffs; yet

his instructions were still to maintain amicable relations, and our

government set him the example.[3.30]

[OUR CLAIMS CONSIDERATELY URGED]

In June, 1836, Ellis reported that "daily" acts of "injustice and

oppression" continued to be perpetrated, while every application for

redress was treated with "cold neglect"; yet the next month he was

merely instructed to "make a fresh appeal" to the "sense of honor and

justice" of the Mexican government, asking that our grievances "should

be promptly and properly examined" and "suitable" redress be afforded.

In order, however, to check what the British minister called "their

usual system of evasion," a satisfactory reply of some kind within

three weeks was to be required, and should it not be made without

"unnecessary" delay, Ellis, after giving a fortnight's notice, was to

withdraw. In October Monasterio, after delaying for weeks to answer

Ellis, admitted that his predecessors had neglected this business, and

promised he would give his first attention to our claims, many of which,

as we know, were very simple, very old and very familiar to the foreign

office; but his reply, the following month, was mere evasion. Why, asked

Ellis, have not the claims presented during the past ten years been

either accepted or rejected? But the mystery was not explained, and at

the end of December, 1836--after waiting, not three weeks, but three

months--he withdrew. Meanwhile Gorostiza distributed among the diplomats

at Washington a pamphlet in which he accused our government of grossly

dishonorable conduct in regard to Texas; and the unqualified approval

of his superiors turned this impropriety into a grave international

issue.[3.31]

President Jackson had originally felt most sympathetic toward Mexico;

and although Butler and Ellis agreed that indulgence was a mistaken

policy, and her official journal described all Americans as villains

and all our claims as the pretexts of smugglers, yet in a Message of

December, 1836, Jackson recommended courtesy and great forbearance. The

evasions practised upon Ellis, however, and still more the approval of

Gorostiza's insulting pamphlet, sharpened his feelings, and early in

February, 1837, he laid the subject of our claims anew before Congress,

as it was his right and his duty to do, proposed to make the next demand

for settlement from the deck of a warship, and asked for authority to

undertake reprisals in case that step also should prove ineffectual. In

the official view of Mexico, Gaines's advance and Gorostiza's withdrawal

from Washington amounted to a formal rupture, even though Castillo, her

ordinary representative, lingered in the United States until March; and

in our own official opinion the endorsement of Gorostiza's conduct, the

refusal to examine our claims, and the return of Ellis could signify

hardly less. Under such circumstances Jackson's February Message was

perfectly normal and proper.[3.32]

Congress took substantially the same view as the Executive; but

there was some fear of Mexican privateers, a good deal of pity for a

sister republic supposed to be the victim of circumstances, a little

unwillingness to increase Jackson's power, a pronounced wish to comply

exactly with the treaty of amity, which required formal notice in

advance of hostilities, and considerable hope that Santa Anna, who had

now been restored alive to his country through the magnanimity of the

Texans and the Americans, would reciprocate by endeavoring to adjust

our claims. Another consideration, however, was probably still more

potent. The administration party felt that should war be declared, the

opposition would say its real object was the acquisition of Texas; and

so Jackson's well-known desire to obtain that region prevented in large

measure, instead of causing, an outbreak of hostilities. It was decided,

therefore, to make the final demand for redress in a peaceful manner,

and to show full respect for what the House of Representatives described

as our "ancient, though now estranged, friend."[3.33]

In March, 1837, Van Buren became President, and found it necessary to

take some action. The documents bearing on our claims were critically

examined; fifty-seven cases, apparently free from doubt, were made out

and proved; and in July, Robert Greenhow, interpreter of the state

department, presented them at Mexico with a final demand for redress,

adding that we had no desire to cause embarrassment by pressing for

payment. On one point, however, he insisted: Gorostiza's conduct must

be disavowed. The minister of relations admitted in reply that certain

of the cases did not require long examination, which was indeed true;

but he said the President, while "most anxious" not to cause delay,

wished that "each" of them should be examined "in its turn" and that

"nothing should be left undone" which could promote "the most speedy and

equitable" settlement.[3.34]

In November Martínez, a new minister to the United States, whom we

received kindly even though Gorostiza's action had not been disavowed,

presented the answer of his government. Instead of the document

officially transmitted by Greenhow, an obsolete, incomplete and

necessarily inaccurate list of our claims, obtained nobody knows how,

had been used; only four of our fifty-seven living cases had even been

considered; and not one of these had been disposed of. Accordingly,

when our Congress assembled in December, 1837, the Executive laid the

whole subject before it anew, analyzed Mexico's evasive reply--so

different from what had been solemnly promised--announced that fresh

outrages of a serious and exasperating sort had been committed, and

plainly intimated that no hope of a peaceful settlement could be

entertained. Evidently the patience of the United States had nearly

come to an end; but before Congress was ready to act, Martínez proposed

a scheme of arbitration, which--though formally decided upon by

Mexico in May, 1837--it had apparently been her deliberate purpose

to hold in reserve until all other dilatory tactics should have been

exhausted.[3.35]

[ARBITRATION AGREED UPON]

Naturally our government hesitated to adopt a plan which, as the British

representative at Mexico wrote when he heard of it, was precisely the

one to "gratify the favourite object" of our debtors--"the gaining of

time and postponement of the day of reckoning"; but in April, 1838,

quite unlike France and much to the surprise of Mexico, we accepted

arbitration, and it then appeared that Martínez had no powers to act

in the matter. For months, indeed, although our consul at Mexico was

assuring that government of our fair and friendly disposition, he did

not receive them.[3.36]

In September, 1838, however, a convention was signed. Martínez stated

that it would not have to be ratified by the Congress of his country,

but her President ruled otherwise, and then with an extremely poor

excuse did not submit it. So the time limit arrived; and, to the intense

disgust of our people and administration, the agreement lapsed. The poor

excuse was accepted by our government, however, and in April, 1839,

after two years had thus been frittered away, another convention was

made, providing that each country should name two commissioners, and the

king of Prussia select a fifth person to be an umpire; and as Mexico

disavowed Gorostiza's conduct in circulating the offensive pamphlet, our

patience appeared to be rewarded.[3.37]

In the opinion of Pakenham, British minister at Mexico, the arbitration

arrangement was "a very fortunate circumstance" for the debtor nation,

and one that she ought to observe scrupulously; but the minister of

relations, without even a poor excuse, failed to consider seriously the

appointment of commissioners until a few days before the treaty required

them to be in Washington, and consequently the agreement expired.

Mexico, however, could not well take advantage of this fact; the United

States waived it; and on August 25, 1840, nearly two and a half years

after we had accepted arbitration, the joint commission was organized.

The representatives of Mexico were Señores Castillo and León, one of

whom, being unfamiliar with business, fell under the control of his

colleague, while the other was described by Pakenham as conspicuously

dishonest. In eighteen months from that date, according to the treaty,

the labors of this body were to end. To kill time was, therefore, to

kill claims--or at any rate bury them.[3.38]

When the subject of the commission was discussed in 1838, Forsyth

took the ground that it would be a judicial body, guided solely by

the evidence before it; and this principle was apparently accepted

as fundamental. Webster, now the secretary of state, pointed out

that it was essentially and necessarily such a tribunal. The Mexican

commissioners, however, had been ordered to act, not freely according to

the evidence, but according to the instructions of their government; and

moreover they promptly refused to let the claimants present themselves

either in person, by attorney or in writing. Some four months were

spent in discussing objections raised by them, and finally, in order to

get something done, the American representatives found it necessary to

give way. Yet the sailing was not smooth even then. Castillo and León

resorted not only to dilatory tactics and unfair methods, but even to

express falsehood; and their government violated in a signal manner one

of the most fundamental stipulations of the treaty. In short, if we may

believe the apparently fair statement of the American commissioners,

the Mexicans caused delays that prevented the adjustment of claims

amounting to more than five millions, and pursued a course in general

that excited great indignation throughout this country. Meanwhile, as

our philo-Mexican minister, Thompson, reported, "The rights of American

Citizens of every grade and character" were still subjected to "constant

outrage."[3.39]

[MEXICAN EVASIONS]

In spite of everything, however, some two millions--in 1841 a

substantial amount--were awarded, and at once Mexico set at work to

devise a scheme for evading the obligation. Urgent advice from the

British minister discouraged this plan, however; and finally a new

convention was made in January, 1843, expressly for the convenience of

our debtor, by which the amount with interest was to be paid within five

years, counted from the following April, in equal quarterly instalments

of cash. "Such indulgent terms," was Pakenham's description of the

arrangement. Both governments ratified it; and so after these many years

of patience and effort on the one side, evasion and sometimes dishonesty

on the other, compensation for a portion of our grievances began to be

received. But--after all, Mexico paid only three instalments. At that

point she broke her word, and stopped.[3.40]

For her course in this matter there seem to be only two conceivable

excuses; her embarrassed condition and her irritation over the Texas

affair. With reference to these it must be said that her condition was

itself inexcusable, and at the utmost did not incapacitate her for doing

all that we demanded; while her irritation was essentially unfounded,

and, even had it been reasonable, would not have justified her making

promises and agreements only to break them, or resorting in other ways

to dishonorable methods.[3.41]

IV

THE RELATIONS BETWEEN THE UNITED STATES

AND MEXICO

1843-1846

The War with Mexico, Volume 1 (of 2) · 第 8 / 63 段