CHAPTER XIII.

TEXAS

Arkansas and Michigan--Florida and Iowa--Texas--The Austin

Grant--Local Government in Texas--The Attempts by the United States to

Purchase Texas--The Texan Revolution--General Sam Houston--San Jacinto

and Independence--The Recognition of the Independence of

Texas--Calhoun's frank Declaration in Regard to the Annexation of

Texas--The Mission of Mr. Morfit to Texas, His Report and

Advice--Jackson's Recommendation to Delay the Recognition of Texan

Independence--Jackson's Request of Congress for Authority to Issue an

Ultimatum to Mexico in the Claims Question--Texan Independence

Recognized by the United States--The Question of Annexation--Texan

Proposition for Annexation--The Mexican Claims Commission and its

Work--Tyler as an Advocate of Annexation--Mr. Webster in the Way of

Annexation--The Adams Address on Annexation--The Retirement of

Webster--The Promotion of Upshur, and His Negotiations with the

Texans--The Threat of the Mexican Government to Consider the

Annexation of Texas a Cause of War--The Administration Proposes

Annexation to the Texan Agent--The Difficulty in the Way of Acceptance

of the Proposition--The Demand of the Texans for Protection in the

Interim--Mr. Calhoun in the State Department--The Treaty of Annexation

Signed--The Treaty in the Senate and its Rejection--Mr. Archer's

Opposition to the Treaty--The New Plan for Annexation.

After the admission of Missouri there remained as territory, upon

which, according to existing law, it was {290} probable that

slaveholding Commonwealths would be established, only Arkansas and

Florida.

[Sidenote: Arkansas and Michigan.]

[Sidenote: Florida and Iowa.]

In 1836, Arkansas was admitted as a slaveholding Commonwealth, and

Michigan as a non-slaveholding Commonwealth, thus keeping the exact

balance in the Senate. By a compact of the year 1832, the Seminoles in

Florida had agreed to emigrate within three years to the west bank of

the Mississippi. At the end of this period, one of their chiefs,

Osceola, repudiated the agreement, and with a large following began

hostilities. By a long and expensive war the Indians were at last

expelled; and the white inhabitants immediately chose delegates to a

convention, who met, in December of 1838, formed a Commonwealth

constitution, one of the provisions of which legalized slavery, and

demanded of Congress admission into the Union. Congress kept Florida

waiting, however, for six years, until Iowa was ready, and then

admitted the two at the same time and by the same Act.

[Sidenote: Texas.]

Meanwhile the events in the Southwest had been so shaping themselves

as to open up prospects for the long desired territorial extension in

that quarter. The long dispute between Spain and France, and then

after 1803, between Spain and the United States, in regard to the

territory between the Rio Grande del Norte and the Sabine Rivers,

called Texas, was first definitely settled in 1819, or rather in the

Treaty of that year, between the United States and Spain, which Treaty

was not executed, as we have seen, until a little later. In it this

territory was recognized by the United States as belonging to Spain.

It seems that a few persons from the United States had settled upon

this territory, while it was disputed ground, and raised some

complaint at having been left unprotected by the Government in the

Treaty with Spain.

{291} [Sidenote: The Austin grant.]

The successful rebellion of Mexico against Spain made this territory a

part of the new Mexican state, and before Mexico had had time to

consolidate its powers or estimate the value of its northern

possessions, a shrewd Yankee from Connecticut, who had removed to

Missouri, and had become well skilled in the arts and practices of

border life, Moses Austin, went to Mexico, and representing himself,

it is said, as the leader of a company of Roman Catholics, who had

suffered persecution in the United States, for their religion's sake,

solicited a grant of land from the Catholic government of Mexico, and

permission to make a settlement upon it. The Mexicans gave ready ear

to his complaints and petition, and made him a large grant of land in

the central part of Texas on the Colorado River. Mr. Austin died

before effecting the settlement, and left the work to his son, S. F.

Austin, who, in 1822, colonized the grant, and received a ratification

of the same from the Mexican Government, the following year.

[Sidenote: Local government in Texas.]

At that moment, Texas and Coahuila formed a single Mexican province,

and, after the establishment of the federal system of government in

Mexico, the province became, in 1827, a Commonwealth. In the Coahuila

part the population was Mexican, and as it was much larger than the

Anglo-American population in the Texas part, the government of the

Commonwealth was practically in the hands of Mexican officials. The

rule of these officials was arbitrary and uncertain, and the race

prejudice between Spaniard and Anglo-Saxon was immediately excited by

it. It was pretty evident that the expulsion of the Americans from

Texas was intended. In 1830, came at last the decree from the Mexican

President, Bustamente, prohibiting further immigration into Texas from

the United States.

{292} The Texan colonists now numbered some twenty thousand, mostly

bold and hardy men, and it was not to be expected that they would

either give up their lands, or assist in preventing further

immigration, or submit much longer to the foreign rule, as they felt

it to be, of Mexico or Coahuila.

[Sidenote: The attempts by the United States to purchase Texas.]

Both in 1827 and in 1829, the United States Government attempted to

purchase Texas, and in the latter year the proposition was actually

made to the Mexican Government to sell to the United States the

territory lying to the northwest of the watershed of the River Nueces.

It was, however, promptly rejected by that Government.

Naturally these attempts encouraged the colonists in Texas to feel

that the United States sympathized with them in their desire for

emancipation from Mexican rule, and to hope that this sympathy might,

at some future time, lead to positive assistance.

[Sidenote: Overthrow of the federal system in Mexico.]

The Texans were, however, for the moment, left to their own devices.

They first tried to have Texas separated from Coahuila and made a

separate Commonwealth of the Mexican Union, but the Mexican central

government refused to assent to this. This was in 1833. Two years

later Santa Anna, the Mexican President, forcibly displaced the

federal system of government established in Mexico by the constitution

of 1824, and instituted the centralized system, virtually by a

presidential edict.

Some of the Commonwealths of the Mexican Union resisted this

usurpation of the President, and among them, naturally, was

Coahuila-Texas. Moreover, some of the Coahuila members of the

legislature of the Commonwealth, partisans of Santa Anna, withdrew

from that body, and the Texan members found themselves, for the first

time, in a majority in it. Of course the feeling {293} of resistance

to the overthrow of the right of local self-government became now a

settled and resolute purpose with them, and Santa Anna, upon learning

their attitude, resolved to reduce them to obedience by military

power.

[Sidenote: The Texan revolution.]

In September of 1835, a Mexican war-ship appeared upon the Texan

coast, and its commander declared the Texan ports in a state of

blockade. About the same time, the Mexican General Cos appeared, with

a force of some fifteen hundred soldiers, at the Texan village of

Gonzales. The resistance of the inhabitants of the town to Cos' order

to surrender their arms precipitated the struggle. The Texans

immediately organized a temporary government, drove the Mexicans out

of the country before the close of the year, and, on March 2nd, 1836,

declared their independence of Mexico.

While the Texan convention, which had declared independence and was

framing the constitution for the state of Texas, was still in session,

the Mexican soldiery, under the command of Santa Anna himself,

returned to Texas and committed the atrocities of the Alamo and of

Goliad. After these barbarous deeds there could no longer be any hope

of an accommodation between the Mexicans and the Texans. It was

independence or extermination.

[Sidenote: General Sam Houston.]

[Sidenote: San Jacinto and independence.]

Happily for the Texans they had now found their proper leader, General

Sam Houston. Many of the descriptions of this hero are caricatures. Of

those which approach the truth, that given by Senator Benton is

perhaps most nearly correct. Benton was the lieutenant-colonel of the

regiment in which Houston served during the war with the Creeks; and

said later of his old comrade, "I then marked in him the same

soldierly and gentlemanly qualities which {294} have since

distinguished his eventful career; frank, generous, and brave, ready

to do, or to suffer, whatever the obligations of civil or military

duty imposed; and always prompt to answer the call of honor,

patriotism, and friendship." He was a Virginian by birth, but an early

resident of Tennessee, and had been Governor of Tennessee before

attaining his thirty-fifth year. He appeared in Texas in 1833, and in

1835 was made commander of the Texan army. It was chiefly his skill

and bravery, which effected the expulsion of Cos and his army in the

winter of 1835-36. After the disasters at the Alamo and at Goliad, he,

in command of the remnants of the Texan army, retreated slowly before

Santa Anna's comparatively large force, until Santa Anna made the

blunder of dividing his army by the swollen waters of the San Jacinto,

when he turned suddenly upon the Mexicans, and inflicted upon them the

crushing defeat known as the battle of San Jacinto, in which the

Mexican loss was double the number of Houston's army, some sixteen

hundred men, including Santa Anna himself among the captives. The part

of the Mexican army which had not crossed the river retreated

precipitately from Texan soil, and the new state had won its

independence.

[Sidenote: Texas as a constitutional Republic.]

The battle of San Jacinto was fought on April 21st, 1836. The

convention had finished the constitution more than a month before. In

September following, General Houston was elected President of the new

republic, and the constitution was almost immediately put into

operation. This constitution legalized the existence of slavery in

Texas, as a constitutional right of the masters, prohibited the

residence of free negroes within the State without special official

permission, and interdicted the importation of negro slaves, except

from the United States.

{295} [Sidenote: The recognition of the independence of Texas.]

A little more than a month after the battle of San Jacinto, the

legislature of Connecticut set the ball in motion for the recognition

of the independence of Texas by the Government of the United States.

On May 27th, 1836, the two Houses of that body passed a resolution

instructing the Senators, and requesting the Representatives, in

Congress from Connecticut "to use their best endeavors to procure the

acknowledgment, on the part of the United States, of the independence

of Texas." Evidently the Yankee Commonwealth considered itself, in an

especial degree, the motherland of the new state. The founder of the

colony, which had now become an independent state, was one of its

children, and it hastened to anticipate Virginia, the birthplace of

Houston, in owning its offspring. A careful perusal of the whole of

this Connecticut document will certainly leave the impression upon the

mind of the impartial reader, at this day, that the people of the

North then considered the Texan revolution to have been provoked by

Mexican misrule and barbarism, and to have been fully justified in

political ethics as well as by practical success.

On June 13th, Senator Niles, of Connecticut, presented the Connecticut

memorial to the Senate, and it was immediately referred to the

committee on Foreign Relations. On the 18th, Mr. Clay, the chairman of

the committee, reported a resolution: "That the independence of Texas

ought to be acknowledged by the United States whenever satisfactory

information shall be received that it has, in successful operation, a

civil government capable of performing the duties and fulfilling the

obligations of an independent Power." The resolution was adopted by

the Senate, on July 1st, without a dissenting voice.

[Sidenote: Calhoun's frank declaration in regard to the annexation of

Texas.]

During the course of the debate upon it, Mr. Calhoun {296} frankly

told the Senate that he regarded the great importance of the

recognition of the independence of Texas to consist in the fact that

it prepared the way for the speedy admission of Texas into the Union,

which would be a necessity to the proper balance of power in the Union

between the slaveholding and the non-slaveholding Commonwealths, upon

which the preservation of the Union and the perpetuation of its

institutions rested. After such a statement it is difficult to see how

anybody could speak of the annexation of Texas being a slaveholders'

secret intrigue. Mr. Calhoun, the great leader of the slaveholders,

the director of their policy, here at the very outset openly

proclaimed their purpose. The fact is that, at the time of the Texan

declaration of independence, almost everybody would have favored the

annexation of Texas to the United States, out of race sympathy with

the Texans and desire for territorial extension, except for the

international complications with Mexico, which must inevitably result.

It was the struggle over the Abolition petitions in 1836, 1837, and

1838 which turned the thoughts of men upon the internal questions

involved in the movement, and caused the North generally to reconsider

its attitude upon the question.

On July 4th, 1836, the House of Representatives passed a resolution of

the same tenor, and expressed in nearly the same words, as the Senate

resolution of July 1st. It seems to have been called forth by

memorials from citizens of Ohio and Pennsylvania.

[Illustration: TEXAS, at the Time of Annexation.]

[Sidenote: The mission of Mr. Morfit to Texas, his report and advice.]

Assured thus of the feeling of Congress, the President sent an agent,

Mr. Henry M. Morfit, to Texas during the summer of 1836, in order to

procure exact information of the state of affairs there. Mr. Morfit

wrote to the Secretary of State, Mr. Forsyth, that the {297}

constitution of March 17th was soon to be put into operation; that

General Houston had been elected President; that the constitution was

fashioned after that of the United States; that the desire for

annexation to the United States was universal; that the boundaries

asserted by the new state were the Rio Grande del Norte on the south

and southwest, the longitude from the source of the Rio Grande to the

boundary of the United States on the west, the southern boundary of

the United States on the north and northeast, and the Gulf of Mexico

on the east; that the population amounted to about sixty-five thousand

souls, of whom about fifty thousand were Anglo-Americans; that the

standing army numbered about twenty-two hundred men, and could be

increased to seven or eight thousand in an emergency; that the navy

consisted of four vessels, carrying twenty-nine guns; that the funds

of the State consisted of from fifty to one hundred millions of acres

of public lands, worth, at least, ten millions of dollars, and that

contributions were flowing in from private individuals in the United

States; that the debt was about twelve hundred and fifty thousand

dollars; that the supplies for the winter campaign were already

provided; and that there was not a Mexican soldier north of the Rio

Grande, although there were rumors that the Mexican government was

making preparations for a new invasion in the winter, which were not,

however, credited by the Texans.

This was certainly a good showing for Texas. If with an army of seven

hundred men, under a provisory government, the Texans drove the

Mexicans out of Texas, they could, under well established government,

and with an army ten times as large, most surely keep them out. It

must also be remembered that Santa Anna was still a prisoner in their

hands. Mr. Morfit, {298} however, expressed the belief that most of

the men and money for the army came from the United States, and,

therefore, advised delay in assuming a definite attitude toward the

new state.

[Sidenote: Jackson's recommendation to delay the recognition of Texan

independence.]

President Jackson transmitted this information to Congress, in his

message of December 21st, 1836, and recommended delay in recognizing

the independence of Texas. On January 11th, 1837, however, Senator

Walker, of Mississippi, offered a resolution in the Senate to the

effect that it would be expedient and proper to recognize the

independence of Texas, and stated that he had information that the

projected invasion of Texas by a new Mexican army, the rumors of which

were reported by Mr. Morfit, had most probably been abandoned.

[Sidenote: The question of Mexico's obligations to the United States.]

Before the resolution offered by Mr. Walker was taken up for

discussion, a message from the President was communicated to Congress

recommending the passage of an act, authorizing the President to make

reprisals upon Mexico, in case Mexico should refuse another demand

made upon her for an amicable adjustment of the matters in controversy

between her and the United States. The citizens and the Government of

the United States had many claims against Mexico and the Mexicans for

depredating the commerce, seizing the seamen, and insulting the flag

of the United States, and the demands for the satisfaction of these

claims had been almost uniformly disregarded. The relations between

the two Governments were already greatly strained on this account, and

when, in the autumn of 1836, President Jackson authorized General

Gaines to advance his troops into northwestern Texas, if he should

deem it necessary for the protection of the frontiers of the United

States against the Indians in Texas, who, on account of the {299} War

between Mexico and Texas, had been thrown into a great state of

excitement and unrest, the Mexican Minister, Senor Gorastiza, demanded

his passports, issued a sort of manifesto to the people of the United

States, and left Washington.

[Sidenote: Jackson's request of Congress for authority to issue an

ultimatum to Mexico in the claims question.]

It was hardly to be expected that President Jackson would quietly

brook such defiance from a half civilized state and its agents. He

immediately caused Mr. Ellis, the Charge d'Affaires of the Government

at the Mexican capital, to make a final demand on the Mexican

government. Mr. Ellis made his demand in writing, on September 26th.

After much delay the Mexican Minister of Foreign Affairs replied,

admitting the justice of some of the claims, and requiring more

information about others, but offering no reparation at all for

insults to the flag and to the consular officers of the United States.

The President's patience was exhausted, and he sent the message of

February 6th, 1837, to Congress, asking for authority to make a final

demand from the decks of a war-ship.

[Sidenote: Texan independence recognized by the United States.]

Congress was not, however, willing to invest the President with the

contingent power to make offensive war. The recommendation of the

President in the case had, nevertheless, considerable influence in

determining the minds of the Senators in regard to the question of

recognizing the independence of Texas. On March 1st, 1837, the Senate

adopted Mr. Walker's resolution. On the previous day the House of

Representatives had voted to insert in the civil and diplomatic

appropriation bill an item for the expenses of a diplomatic agent to

Texas, whenever the President should receive satisfactory evidence

that Texas was an independent Power and should consider it expedient

to appoint such a minister. President Jackson had invited this

expression of the {300} views of Congress in his message of the

previous December, in which he expressed the view that Congress ought

to determine the expediency of recognizing the independence of Texas,

and, although the resolutions of the two Houses of February 28th and

March 1st, 1837, did not formally assume to recognize that

independence, the President evidently attributed to them some virtue,

since he soon opened diplomatic intercourse with the Texan agent at

Washington. The resolutions of the two Houses of Congress and this act

of the President, taken together, were regarded by the people of the

United States and by foreign Powers as a recognition of Texan

independence.

[Sidenote: The question of annexation.]

It was clear to all thinking minds that the next step after

independence would be annexation to the United States. There is little

question that Texas was big enough and strong enough to stand alone

against Mexico, certainly with the aid which she was sure to receive

from without and with the growth which she was destined to enjoy; but

there was no natural boundary between the United States and Texas, and

the inhabitants of Texas were chiefly Anglo-Americans. The natural

boundary of the United States on the southwest is the desert between

the Nueces and the Rio Grande, and the territorial extension of the

United States to that limit was simply the fulfilment of the moral

order of the world, which tends to make the lines of states correspond

with the lines of physical geography and of ethnical differences.

Except for the connection of the question of slavery extension with

that of territorial extension after 1836, the question of the

annexation of Texas would have been generally viewed in this natural

and national light. That connection, however, made the North generally

assume the attitude {301} of opposition to annexation, while it

greatly excited the desires of the South in favor of it.

[Sidenote: Webster on annexation.]

On his way homeward from the Congress which voted in favor of

annexation, Mr. Webster made a great speech in New York, in which he

declared himself opposed to annexation on the ground that it would

extend slavery. Mr. Calhoun had, nearly a year before, as we have

seen, declared himself in favor of it for the same reason. After these

two declarations, from such leaders, the eyes of the people were open

to every feature of the question, and it could not have been any

longer a matter of intrigue.

[Sidenote: Texan proposition for annexation.]

In August, 1837, the Texan agent at Washington, General Hunt, proposed

to President Van Buren the annexation of Texas to the United States.

The President promptly and firmly declined, and the matter rested

during the remainder of his Administration.

The sudden and unexpected accession of Vice-President Tyler to the

presidency, in 1841, was the event which opened the way for the

commencement of negotiations for annexation. The new President was

known to be favorable to the project.

[Sidenote: The Mexican Claims Commission and its work.]

Meanwhile the diplomatic relations between the United States and

Mexico, so suddenly broken off in the latter part of President

Jackson's Administration, had been renewed in the early part of

President Van Buren's Administration, and, after considerable

negotiation in regard to the claims against Mexico, a convention

between the two Powers had been arranged, and, on April 8th, 1840,

proclaimed by the President as definitely concluded. The convention

provided that the claims of the citizens of the United States against

Mexico should be submitted to, and decided by, a commission, which

should be {302} composed of two members appointed by the President of

the United States, and of two other members appointed by the President

of Mexico; that the commissioners should meet in Washington within

three months from the date of the exchange of ratifications of the

convention; that the commission should terminate its duties within

eighteen months from the time of its first meeting; and that when the

commissioners could not come to any decision, the question upon which

they might disagree should be referred to an arbiter appointed by the

King of Prussia, etc. With this the question of the private claims

against Mexico, already submitted, was, momentarily, put at rest. The

claim of satisfaction for public injuries and affronts remained

unsettled, and no provision was made for the consideration of private

claims which had not been submitted before the ratification of the

convention, or of those which might arise after the same date. Plenty

of opportunities were thus left for the rise of difficulties in the

claims question which might lead to hostile relations between the two

Powers.

[Sidenote: Tyler as an advocate of annexation.]

As early as the winter of 1841-42, it was suspected that President

Tyler's Administration was preparing to move in the matter of

annexation. In fact, Mr. Wise, of Virginia, the President's bosom

friend, and his organ in the House of Representatives, reiterated upon

the floor of the House, on January 26th, 1842, Mr. Calhoun's doctrine

about annexation, pronounced in 1836, that the annexation of Texas was

essential to slavery extension, that slavery extension was necessary

to preserve the balance of power between the North and the South in

the Union, and that the preservation of this balance of power was the

necessary condition of the perpetuity of the Union.

{303} Mr. Wise expressed this opinion in the midst of an acrimonious

debate, and whether he, in an unguarded moment, betrayed the policy of

the President, or simply gave vent to his own excited feelings, is

still one of the speculations of American history.

[Sidenote: Mr. Webster in the way of annexation.]

[Sidenote: The Adams address on annexation.]

So long, however, as Mr. Webster remained at the head of the State

Department it was impossible for the President to make any progress

with a definite plan for annexation, even if he entertained one.

Nevertheless, thirteen anti-slavery Whig members of Congress, led by

Mr. John Quincy Adams, issued, on March 3rd, 1843, an address to the

people of the non-slaveholding Commonwealths, declaring that there was

a definite plan of annexation already settled upon, and about to be

consummated, and denouncing the execution of it as being tantamount to

a dissolution of the Union.

[Sidenote: The retirement of Webster.]

On May 8th, 1843, Mr. Webster resigned the secretaryship of State. It

was said by some that the President drove him out, in order to appoint

a Secretary who would carry out his plans for the annexation of Texas;

but Mr. Webster himself indicated by his acts and words that he had

determined to resign more than a year before, and had remained in

office only for the purpose of concluding the negotiations with Great

Britain which culminated in the Ashburton Treaty, an agreement in

which Mr. Webster's section had an especial interest.

There is little question, however, that President Tyler was glad to

have him go, for the President placed the annexation of Texas before

every other policy of his Administration.

[Sidenote: The promotion of Upshur, and his negotiations with the

Texans.]

Soon after Mr. Webster's resignation the President transferred Mr.

Upshur from the secretaryship of the {304} Navy to that of State. Mr.

Upshur was the man whom suspicion had already marked as the confidant

of the President in the annexation scheme. This suspicion was speedily

confirmed by his entering, almost immediately, upon negotiations with

the Texan agent at Washington, Mr. Van Zandt, for annexation.

Soon after the recognition of the independence of Texas by the United

States, Great Britain, France, and Belgium took the same step,

presumably for the purpose of establishing commercial relations with

the new state. But, in the summer of 1843, the British Government

appeared in the character of the most favored mediator between Mexico

and Texas for the recognition of the independence of Texas by Mexico;

and a friend of President Tyler's Administration wrote, from London,

that a representative of the anti-slavery men in Texas was in London,

negotiating a loan of money from an English company, with which to pay

for the liberation of all the slaves in Texas, and that the interest

upon the loan was to be guaranteed by the British Government, on the

condition that the Texan Government would abolish slavery.

The Administration professed to credit this story, and Mr. Upshur

wrote to General Murphy, the diplomatic agent of the United States in

Texas, informing him of this communication from London, and arguing

the double danger to the United States of British interference in

Texas, and of the abolition of slavery there. This letter bears date

of August 8th, 1843, and is considered as marking the beginning of the

actual negotiations for annexation. It was certainly intended to

prompt General Murphy to sound the Texan Government upon the question

of annexation.

[Sidenote: The threat of the Mexican Government to consider the

annexation of Texas a cause of war.]

[Sidenote: The Administration proposes annexation to the Texan agent.]

The Mexican Government evidently discovered the {305} movement

immediately, for, on August 23rd, the Mexican Secretary of State

declared to Mr. Thompson, the Minister of the United States to Mexico,

that the Mexican Government would consider any act of the United

States to annex Texas as a declaration of war on Mexico. For seven

years Mexico had made no war on Texas, though professing to regard the

new state as only a rebellious province. In September of 1842, several

marauding expeditions had crossed the Rio Grande, raided around for a

few days, and then returned to Mexico. The Mexican Government called

this a continuance of the war, and demanded that the states of the

world should observe the attitude of neutrals toward a friendly Power

engaged in suppressing a rebellion on the part of certain of its

lawful subjects. This was absurd. From the point of view of

international law Texas had won her independence, and might make what

agreements she pleased with any other Power. The President paid no

attention to the Mexican threat. On October 16th, 1843, Mr. Upshur

formally proposed annexation to Mr. Van Zandt, and in his message to

Congress, at the beginning of the session of 1843-44, the President

indicated to Congress that the negotiations for annexation were in

progress, and referred to the fact that Mexico threatened war in case

the United States should resolve to annex Texas.

[Sidenote: The difficulty in the way of acceptance of the

proposition.]

The great difficulty in the way of the negotiations was the fear on

the part of the Texans that, upon the signature of the Treaty by the

Presidents of the two countries, and before its ratification by the

respective Senates, as required by the respective Constitutions, the

Mexicans would collect all their forces and make one supreme effort to

reconquer Texas. The Texans wanted the {306} protection of the United

States in this interim, and the embarrassing question for Mr. Tyler's

Administration was whether the President of the United States had the

constitutional power to extend it. Would not war, undertaken in

defence of one foreign Power against another, be offensive war, in the

sense of the Constitution of the United States, such war as Congress

alone can authorize? Or, could Texas be considered a part of the

United States from the moment that the two Presidents signed the

Treaty of annexation, and before its ratification by the respective

Senates, thus making war in her defence defensive war, such war as the

President of the United States may, of his own power, undertake?

[Sidenote: The demand of the Texans for protection in the interim.]

About the middle of January, 1844, Mr. Van Zandt demanded of Mr.

Upshur whether, in case the President of Texas should agree to the

proposition of the President of the United States for annexation, the

President of the United States would protect Texas, from the moment of

this agreement between the two Presidents, against all foreign attack.

Mr. Upshur seems to have been greatly perplexed by the question, for

he made no reply.

About the middle of February, the President of Texas caused the same

question to be put to the United States agent in Texas, General

Murphy. Murphy was a blunt, brave man, full of chivalry, but quite

empty of constitutional and international law. He immediately returned

an affirmative answer, whereupon President Houston sent a special

envoy to Washington, armed with plenary power to conclude a treaty of

annexation.

Whether Secretary Upshur, and, of course, the President, knew of the

promise which Murphy had made for his Government to Texas, before the

sudden death of Mr. Upshur, on February 28th, has never been

determined.

{307} During the second week of March, Mr. John Nelson, the Secretary

of the Navy, was temporarily transferred to the State Department, and

one of his first acts was to officially disavow Murphy's promise to

President Houston. He very nearly informed Murphy, however, that

President Tyler was personally pleased with what he had done. The

Texan agents at Washington refused, however, to proceed with the

negotiations until President Tyler would ratify Murphy's promise. Mr.

Nelson would not risk his reputation as a constitutional lawyer by

inventing an interpretation of the Constitution which would warrant

this. At the end of the month Mr. Calhoun was put in his place, and he

was remanded to the Department of the Navy.

[Sidenote: Mr. Calhoun in the State Department.]

[Sidenote: The Treaty of annexation signed.]

About a fortnight after taking possession of his office, Mr. Calhoun

officially informed the Texan agents at Washington that the President

had ordered the concentration of a strong squadron of war-vessels in

the Gulf of Mexico, and had commanded the movement of land forces to

the southwestern boundary of the United States to meet all

eventualities, and that the President would use "all the means placed

within his power by the Constitution" to protect Texas against foreign

invasion during the pendency of the Treaty of annexation. On the day

following this communication, the Treaty of annexation was signed by

the President of the United States and by the Texas plenipotentiary

for the President of Texas.

Ten days after this, the Treaty was sent to the Senate of the United

States for ratification. In the message accompanying the Treaty the

President informed the Senate of the disposition he had made of the

troops and naval vessels, and justified the same by the claim that the

President _makes_ the treaties, that the Senate only ratifies {308}

them, that the validity of the treaties, therefore, dates from the

President's agreement, and that, therefore, in this case, Texas was,

from and after April 12th, 1844, a part of the territory of the United

States, all of which the President was bound to defend against foreign

attack. Whether this was President Tyler's constitutional law or Mr.

Calhoun's we do not know. If this doctrine is to be ascribed to Mr.

Calhoun it certainly marks a great departure from the general

principles taught by him after 1830. One would think that his "States'

sovereignty" theory of the Union would have led him to attribute as

little power as possible to the general Government, and as much of

that little as possible to the Senate, but here were both nationalism

and Caesarism combined.

[Sidenote: The Treaty in the Senate and its rejection.]

[Sidenote: Mr. Archer's opposition to the Treaty.]

The Treaty was before the Senate, in secret session, from April 22nd

until June 8th, when it was rejected by a vote of thirty-five to

sixteen. It is not necessary to examine the reasons which moved the

Northern Senators to vote against it, but it is important to

understand some of the grounds upon which Senators from the

slaveholding Commonwealths opposed it. Senator Benton declared that

the Treaty annexed not only Texas but parts of four other Mexican

provinces, which would be an international outrage upon Mexico. Most

of the Southern Senators, however, were influenced by the fear of war

with Mexico. But the most significant objection to it, from the point

of view of subsequent events, was that urged by Mr. Archer, of

Virginia, the chairman of the Senate committee for Foreign Affairs. He

claimed that a foreign state could not be annexed to the United States

by means of a treaty, and that, if a foreign state could become

connected with the Union at all, it must be by means of an act of

Congress. A large number of the Senators approved of this {309}

doctrine. It was a pregnant idea to the President and Mr. Calhoun. It

indicated that there was another way to accomplish annexation.

While the Treaty was under consideration in the Senate, the national

conventions for the nomination of presidential candidates had

assembled. The Whigs had nominated Mr. Clay, who was regarded as

opposed to annexation. The friends to annexation in the Democratic

party had been able to put Mr. Van Buren aside, and had nominated

James K. Polk, of Tennessee, an outspoken advocate of immediate

annexation, and had made the "re-occupation of Oregon and the

re-annexation of Texas" the chief plank in the party platform.

[Sidenote: The new plan for annexation.]

Here now were all the elements of a new plan for annexation, which

promised more success. They were, the doctrine unwittingly advanced by

Mr. Archer, and as unwittingly approved by many of the Senators, that

Texas could be connected with the United States only by means of an

act of Congress admitting her as a Commonwealth into the Union, the

plank of the platform making annexation the chief issue of the

campaign for the election of a new President and a new House of

Representatives, and the connection of the Oregon question with that

of annexation, in order to get votes in the North for both projects at

once.

On June 11th, President Tyler took the first step in the combination

of these elements. He sent a copy of the rejected Treaty, and all the

papers connected with it, to the House of Representatives, together

with a message, in which he reviewed the subject and justified his

position in regard to it, and declared, finally, that while he had

regarded a treaty as the most suitable means for accomplishing

annexation, he would {310} co-operate with Congress in the use of any

other means compatible with the Constitution and likely to accomplish

the result.

Before, however, following the history of the annexation of Texas

further, we must present briefly the main points in the development of

the Oregon question.

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The Middle Period, 1817-1858 · 第 13 / 23 章