"No. 94. G. W. Stavorens - Claims reparation for the confiscation of two thousand one hundred and twenty-five pounds of chewing tobacco, at Vera Cruz, in 1840.

"No. 95. C F. Driscoll Claims $887 for alleged illegal discriminating tonnage and pilotage duties, and for a fine exacted on the brig A. E., at Tampico in 1839.

“In a letter written by Mr. Forsyth, secretary of state, to the Mexican minister of foreign affairs, under date of May 27, 1837, demanding redress for these outrages, he says,

"These wrongs are of a character which cannot be tolerated by any government indued with a just self-respect, with a proper regard for the opinions of other nations, or with an enlightened concern for the permanent welfare of those portions of its people who may be interested in foreign, commerce. Treasure belonging to citizens of the United States has been seized by Mexican officers, in its transit from the capital to the coast. Vessels of the United States have been captured, detained, and condemned, upon, the most frivolous pretexts. Duties have been exacted from others, notoriously against law, or without law. Others have been employed, and in some instances ruined, in the Mexican service, without compensation to the owners. Citizens of the United States have been imprisoned for long periods of time, without being informed of the offences with which they were charged. OTHERS HAVE BEEN MURDERED AND ROBBED BY MEXICAN OFFICERS, ON THE HIGH SEAS, WITHOUT ANY ATTEMPT TO BRING THE GUILTY TO JUSTICE.'

66

‘Yet, in consequence of the forbearance of our government, the Mexican authorities and people continued their outrages upon us, down even to the very last year, 1845, and extending through a period of nearly twenty years."

19

G.

TREATY BETWEEN TEXAS AND SANTA ANNA.

"Articles of Agreement and solemn Compact, made and adopted by David G. Burnet, President of the Republic of Texas, and the undersigned Members of the Cabinet thereof, on the one part, and Don Antonio Lopez de Santa Anna, President of the Republic of Mexico, and Don Vincente Filisola, General of Divisions, Don Jose Urea, Don Joachin Ramires y Sesma, and Don Antonio Gaona, Generals of Brigades, of the Armies of Mexico.

"Whereas, the President Santa Anna, with divers officers of his late army, is a prisoner of war in charge of the army of Texas, and is desirous of terminating the contest now existing between the government of Texas, and that of Mexico; in which desire, the generals above named do fully concur; and

"Whereas, the president of the Republic of Texas, and the cabinet, are also willing to stay the further effusion of blood, and to see the two neighboring Republics placed in relations of friendship on terms of reciprocal advantage;

"Therefore, it is agreed by the President Santa Anna, and the Generals Don Vincente Filisola, Don Jose Urea, Don Joachin Ramires y Sesma, and Don Antonio Gaona,

"1st. That the armies of Mexico shall, with all practicable expedition, evacuate the territory of Texas, and retire to Monterey, beyond the Rio Grande.

"2d. That the armies, in their retreat, shall abstain from all pillage and devastation, and shall not molest any of the citizens of Texas, and shall not carry with them any cattle, or other stock, more than may be absolutely necessary for their subsistence, for which a just price shall be paid. That all private property that may have been captured by either detachment of the army, shall be deposited at the first convenient point of their march, and left under a sufficient guard, until the proper authorities of Texas shall have possession thereof.

"3d. That the army of Texas are to march westwardly, and to occupy such posts as the commanding general may think proper, on the east side of the Rio Grande, or Rio Bravo del Norte.

"4th. That the President Santa Anna, in his official character as chief of the Mexican nation, and the Generals Don Vincente

Filisola, Don Jose Urea, Don Joachin Ramires y Sesma, and Don Antonio Gaona, as chiefs of armies, do solemnly acknowledge, sanction, and ratify, the full, entire, and perfect independence of the Republic of Texas, with such boundaries as are hereafter set forth and agreed upon for the same. And they do solemnly and respectfully pledge themselves, with all their personal and official attributes, to procure without delay, the final and complete ratification and confirmation of this agreement, and all the parts thereof, by the proper and legitimate government of Mexico, by the incorporation of the same into a solemn and perpetual treaty of amity and commerce, to be negotiated with that government, at the city of Mexico, by ministers plenipotentiary, to be deputed by the government of Texas for this high purpose.

"5th. That the following be, and the same are hereby established and made the lines of demarkation between the two Republics of Mexico and Texas, to wit: The line shall commence at the estuary or mouth of the Rio Grande, on the western bank thereof, and shall pursue the same bank up the said river, to the point where the river assumes the name of the Rio Bravo del Norte, from which point it shall proceed on the said western bank to the head waters, or source of said river, it being understood that the terms Rio Grande and Rio Bravo del Norte, apply to and designate one and the same stream. From the source of said river, the principal head branch being taken to ascertain that source, a due north line shall be run until it shall intersect the boundary line established and described in the treaty negotiated by and between the government of Spain and the government of the United States of the north; which line was subsequently transferred to and adopted in the treaty of limits made between the government of Mexico and that of the United States; and, from this point of intersection, the line shall be the same as was made and established in and by the several treaties above mentioned, to continue to the mouth or outlet of the Sabine river, and from thence to the gulf of Mexico.

"6th. That all prisoners taken by the forces of Mexico be forthwith released, and be furnished with free passports to return to their homes; their clothing and small arms to be restored to them.

"7th. That all the fortresses of Texas be forthwith restored without dilapidation, and with all the artillery and munitions of war belonging to them respectively.

"8th. The president and cabinet of the Republic of Texas,

exercising the high powers confided to them by the people of Texas, do, for and in consideration of the foregoing stipulation, solemnly engage to refrain from taking the life of the President Santa Anna, and of the several officers of his late army, whom the events of war have made prisoners in their hands, and to liberate the President Santa Anna, with his private secretary, and cause him to be conveyed in one of the national vessels of Texas to Vera Cruz, in order that he may more promptly and effectually obtain the ratification of this compact, and the negotiations of the definitive treaty herein contemplated by the government of Mexico with the government of Texas.

"9th. The release of the President Santa Anna, shall be made immediately on receiving the signatures of the Generals Don Vincente Filisola, Don Jose Urea, Don Joachin Ramires y Sesma, and Don Antonio Gaona, to this agreement, and his conveyance to Vera Cruz as soon afterwards as may be convenient.

"10th. The President Santa Anna, and the Generals Don Vincente Filisola, Don Jose Urea, Don Joachin Ramires y Sesma, and Don Antonio Gaona, do, by this act of subscribing this instrument, severally and solemnly pledge themselves on their inviolable parole of honor, that in the event the Mexican government shall refuse or omit to execute, ratify, confirm, and perfect this agreement, they will not, on any occasion whatever, take up arms against the people of Texas, or any portion of them, but will consider themselves bound, by every sacred obligation, to abstain from all hostility towards Texas or its citizens.

"11th. That the other Mexican officers, prisoners with the government of Texas, shall remain in custody, as hostages, for the faithful performance of this agreement, and shall be treated with humanity, and the respect due their rank and condition, until the final disposition of the Mexican government be ascertained, and a treaty, to be predicated upon the above stipulations, shall be made or rejected by that government. In the event of a refusal to enter into and ratify such a treaty, on the part of the Mexican government, the government of Texas reserves to itself the right to dispose of them as they may think proper and equitable, relative to the conduct of the Mexican forces towards the volunteers and soldiers of Texas, who have heretofore fallen into their hands.

"12th. The high contracting parties mutually agree to refer the treaty intended to be executed and solemnized by the two govern

ments of Texas and of Mexico, on the basis established in this compact, to the government of the United States of the north, and to solicit the guaranty of that government for the fulfilment, by the contracting parties respectively, of their several engagements; the said parties pledging themselves, in case of any disagreement or defalcation, to submit all matters in controversy to the final decision and adjustment of that government. For this purpose the contracting parties shall, as soon as practicable after the ratification of said treaty, depute one or more commissioners to the court of Washington, invested with plenary powers to perfect the object of this stipulation.

“13th. Any act of hostility on the part of the retreating Mexican troops, or any depredation upon public or private property committed by those troops, or any impediment presented to the occupation of any part of the territory of Texas, by the forces thereof, on the part of the Mexican troops, shall be considered a violation of this agreement.”

H.

TEXAS ONCE A PART OF THE UNION.

In his letter of 1844, Mr. Walker says:

"Texas, as Mr. Jefferson declared, was as clearly embraced in the purchase by us of Louisiana, as New Orleans itself; and that it was a part of that region, is demonstrated by the discovery, by the great Lasalle, of the source and mouth of the Mississippi, and his occupancy for France west of the Colorado. Our right to Texas as a part of Louisiana, was asserted and demonstrated by Presidents Jefferson, Madison, Monroe, and John Quincy Adams. No one of our presidents has ever doubted our title; and Mr. Clay has ever maintained it as clear and unquestionable. Louisiana was acquired by a treaty with France, in 1803, by Mr. Jefferson; and in the letter of Mr. Madison, the secretary of state, dated March 31, 1804, he says, expressing his own views and those of Mr. Jefferson, that Louisiana 'extended westwardly to the Rio Bravo, otherwise called Rio del Norte. Orders were accordingly obtained from the Spanish authorities for the delivery of all the posts on the west side of the Mississippi.' And in his letter of the 31st January, 1804, Mr. Mad