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of the Valley of the Rio del Norte are our citizens, and standing - in the language of the President's message-in a hostile attitude towards us, and subject to be repulsed as invaders. Taos, the seat of the custom-house, where our traders enter their goods, is ours; Santa Fe, the capital of New Mexico, is ours; Governor Armijo is our governor, and subject to be tried for treason if he does not submit to us; twenty Mexican towns and villages are ours; and their peaceful inhabitants, cultivating their fields and tending their flocks, are suddenly converted, by a stroke of the President's pen, into American citizens, or American rebels! This is too bad; and instead of making themselves party to its enormities, as the President invites them to do, I think rather that it is the duty of the Senate to wash its hands of all this part of the transaction by a special disapprobation. I therefore propose as an additional resolution,

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"Resolved, That the incorporation of the left bank of the Rio del Norte into the American Union, by virtue of a treaty with Texas, comprehending, as the said incorporation would do, a part of the Mexican departments of New Mexico, Chihuahua, Coahuila, and Tamaulipas, would be an act of direct aggression on Mexico, for all the consequences of which the United States would stand responsible."

In the remainder of his speech, Mr. Benton made four points; namely,

1. "That the ratification of the treaty would be, of itself, war between the United States and Mexico."

2. "That it would be unjust war."

3. "That it would be war unconstitutionally made." 4. "That it would be war upon a weak and groundless pretext."*

In his speech delivered in the secret session, and of course not published, he declared that if America claimed to the Rio Grande, "if there were but one man of Spanish blood in all Mexico, and he no bigger than Tom Thumb, he would fight."

Yet further, Senator Ashley, of Arkansas, in his speech, said-though not in the corrected copy, "I will here add, that the present boundaries [of Texas] I have from Judge

*The whole speech of Mr. Benton is worthy an attentive reading at this time. It may be found in the " Globe" of that period. In connection with the third point, we would quote the letter of Chancellor Kent, dated May 21st, 1844. ".. I think there can be no doubt, that the enormous abuses and stretch of power by President Tyler afford ample materials for the exercise of the power of impeachment, and it is an imperative duty on the House of Representatives to put it in practice."

NO. I.

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Ellis the president of the convention that formed the constitution of Texas, and also a member of the first legislature under that constitution- were fixed as they now are [to the Rio Grande] solely and professedly with a view of having a large margin in the negotiation with Mexico, and we had no expectation of retaining them as they now exist on our statute book."

We will now return to the mission of Mr. Slidell, and state the facts so far as we can gather them. We shall rely wholly on official documents accompanying the President's special message of May 11th, 1846, "relative to an invasion and commencement of hostilities by Mexico."* It contains the correspondence of the American consul at Mexico, and Mr. Slidell, with the previous Mexican authorities. This correspondence, however, is but imperfectly published. The frequent asterisks show how much is still concealed from the public eye, no doubt for very good reasons. The instructions of the American government to Mr. Slidell are not in this document, nor do we remember ever to have seen them in print. What adds to the difficulty is this: the documents of the Mexican authorities are not published in their original language, but in a translation, on which we cannot always place entire confidence. Indeed, one very important phrase is made to receive two very different translations, as we shall presently show.

On the 17th of September, 1845, Mr. Buchanan, at the command of Mr. Polk, desired Mr. Black, the American consul at Mexico, "to ascertain from the Mexican government whether they would receive an envoy from the United States, intrusted with full power to adjust all the questions in dispute between the two governments."-p. 8. Mr. Black made the inquiry, and Mr. Peña y Peña, the "minister of foreign relations and government," thus replied, Oct. 25th, 1845:

"In answer, I have to say to you, that although the Mexican nation is deeply injured by the United States, through the acts committed by them in the department of Texas, which belongs to this nation, my government is disposed to receive the commissioner of the United States who may come to this capital, with full powers from his government to settle the present dispute in a peaceful, reasonable, and honorable manner; thus giving a new

*Doc. No. 196, 29th Congress, 1st Sess., Ho. of Rep.

proof, that even in the midst of its injuries and of its firm decision to exact adequate reparation for them, it does not repel with contumely the measure of reason and peace, to which it is invited by its adversary.

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"As my government believes this invitation to be made in good faith,. it also hopes that the commissioner will be a person endowed with the qualities proper for the attainment of this end; that his dignity, prudence, and moderation, and the discreetness and reasonableness of his proposals will contribute to calm, as much as possible, the just irritation of the Mexicans, and in fine, that the conduct of the commissioner on all points may be such as to persuade them that they may obtain satisfaction for their injuries, through the means of reason and peace, and without being obliged to resort to those of arms and force."

p. 12.
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Mr. Polk asked if Mexico would receive an envoy full power to adjust all the questions in dispute." Mexico offers to receive one with full powers to settle the present dispute in a peaceful, reasonable, and honorable manner. does not offer to receive a resident minister, nor a special minister to settle "all the questions in dispute," but only the "present dispute," namely, the difficulties growing out of the matter of Texas. Not a word is said in the correspondence of the parties about a minister "to reside near the Mexican government," as a permanent representative. Perhaps Mr. Peña y Peña ought to have distinctly stated that Mexico. would not receive such a minister. He only told what Mexico would receive; not what she would not. Still further, it seems there was a "council of government," whom Mr. Peña y Peña did not consult before answering Mr. Black's note, and offering to receive a special commissioner.

Mr. Slidell was sent, furnished with a "letter of credence" from President Polk, authorizing him "to reside near the government of the Mexican republic, in the quality of envoy extraordinary and minister plenipotentiary of the United States."-p. 22. It is quite plain Mr. Slidell was not such a commissioner as Mexico had offered to receive. ence between an envoy extraordinary and minister plenipotentiary, sent "to reside near the government," and a special commissioner sent to adjust a single dispute, is as obvious as the difference between an egg and an apple.

The differ

After various preliminaries, Dec. 8th, Mr. Slidell asked to be accredited as " envoy extraordinary and minister plenipotentiary," "to reside near the government of the Mexican

republic. As no formal answer came, he renewed the request on the 15th. The next day (Dec. 16th), the Mexican minister answers, that

The delay has "arisen solely from certain difficulties occasioned by the nature of these credentials as compared with the proposition made by the United States, through their consul, to treat peacefully upon the affairs of Texas.. It has been found necessary to submit the said credentials to the council of government, for its opinion with regard to them."

p. 25.

Dec. 20th, Mr. Slidell was officially informed by Senor Peña y Peña,

That the supreme government "does not conceive that, in order to fulfil the object proposed by the said consul in the name of the American government and accepted by the undersigned [Peña y Peña], it should admit his excellency Mr. Slidell in the character with which he is invested."

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"This proposition, as well as its acceptance, rested upon the precise and definite understanding that a commissioner should be ad hoc - that is to say, commissioned to settle, in a peaceful and honorable manner, the questions relative to Texas. Mr. Slidell does not come invested with that character, .. although it is true, that in the credential letter brought by his excellency Mr. Slidell, it is stated that he is informed of the desire of the President of the United States to restore, cultivate, and strengthen friendship and good correspondence between the two countries. It is also no less true that in this clause the single word restore is by no means sufficient to give to Mr. Slidell the special character of commissioner, or plenipotentiary ad hoc-to make propositions as to the affairs of Texas, calculated to establish peace firmly and to avert the evils of war by adequate agreement." "The admission of such a minister [an absolute and general minister, an ordinary plenipotentiary, to reside near the Mexican government,'] should be... preceded by the agreement, which the United States propose to enter into, for the establishment of peace and good correspondence with Mexico, interrupted by the occurrences of Texas,this point being, from its very nature, necessary to be attained before any other; and until it shall have been entirely and peacefully settled, not even an appointment should be made of a resident minister, by either of the two governments."

"The supreme government of Mexico, therefore, cannot admit his excellency Mr. Slidell to the exercise of the functions of the mission conferred on him by the United States government. But as the sentiments expressed by the undersigned . . are in no wise changed, he now repeats them, adding that he will have the

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utmost pleasure in treating with Mr. Slidell, as soon as he shall have presented credentials authorizing him expressly and exclusively to settle the questions which have disturbed the harmony and good understanding between the two republics, and which will bring on war between them unless such settlement be effected in a satisfactory manner, to which the proposition of the government of the United States related, and under the express understanding of which the proposition was accepted by the Mexican government." pp. 41, 42. See also p. 44.

66 to

To this Mr. Slidell angrily replies, on the 24th of December, and makes a remarkable mistake on referring to the letter of the Mexican government offering to accept a commissioner. Mr. Slidell says, "The Mexican government declared itself disposed to receive the commissioner of the United States, who might come to their capital with full powers to settle these disputes in a peaceful, reasonable, and honorable manner."-p. 35. Whereas the Mexican minister only expressed a readiness to receive a commissioner with full power settle the present dispute."—p. 32. Comment is needless. There was evidently a mistake-or a blunder-on the part of the American government. The Mexican government gave America a chance to rectify the error, by recalling Mr. Slidell and sending a special commissioner in his place, with such powers as the occasion demanded, or sending such powers to Mr. Slidell. We think the government of France, of England, or even of Austria, would have done so. We have before shown what was done by President Adams when Mr. Pinckney was rejected. But March 21st, 1846, Mr. Buchanan thus writes to Mr. Slidell:

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"Should the Mexican government, by finally refusing to receive you, consummate the act of folly and bad faith of which they have afforded such strong indications, nothing will then remain for this government but to take the redress of the wrongs of its citizens into its own hands. In the event of such a refusal, . . . you ought.. so to conduct yourself as to throw the whole odium of the failure of the negotiation upon the Mexican government." "The desire of the President is, that you should conduct yourself with such wisdom and firmness at the crisis that the voice of the American people shall be unanimous in favor of redressing the wrongs of our much injured and long suffering claimants." the meantime, the President, in anticipation of the final refusal of the Mexican government to receive you, has ordered the army of Texas to advance and take position on the left bank of the Rio Grande; and has directed that a strong fleet shall be assembled

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