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tion was made to renew the attack on the coming morning with re doubled vigour."

T noon of this day, while the battle was raging with great fury, General Taylor received from General Morales, governor of the state of New Leon, the following communication:

"As you are resolved to occupy the place by force of arms, and the Mexi can general-in-chief is resolved to defend it at every cost, as his honour and duty require him to do, thousands of victims, who, from indigence and want of means, find themselves now in the theatre of war, and who would be use lessly sacrificed, claim the right which in all times and in all countries, hu

manity extends. As governor of the state, and a legitimate representative of the people, I state their case to you, and hope, from your civilization and refinement, that, whatever may be the event of the present contest, you will issue orders that families shall be respected, or will grant a reasonable time for them to leave the capital." Through a mistake of the Mexicans, this note was first sent to General Worth, who transmitted it to the commander-in-chief. latter replied as follows:

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"The communication of your excellency, of this morning, I have just received, and in answer to your excellency, I have to inform you, that the rights of individuals who are not hostile, particularly women and children, will be respected as much as is possible in a state of warlike operations; but they cannot be permitted to leave the city. The advantages achieved by the American arms are too decisive to permit of any other terms than the capitulation of the city; and the sooner this is effected, the better for those interested."

Thus, after three days' fighting, the Americans had driven an enemy nearly double their number from all their out-positions, and surrounded them in such a manner, that they must either surrender, or evacuate the city. Yet the citadel and grand plaza were the strongest defences of the town; and no one of the assailants imagined but that a more terrible drama than any yet witnessed was to be played on the morrow.

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EFORE daylight on the 24th, the Texans recom. menced operations against the western side of the plaza. Soon a large portion of Worth's division were in the streets; and long before the sun arose, the din of battle filled the streets, and stirred on the Americans to further and complete conquests. Sud

denly bugles were heard from the enemy's quarters, sounding a parley; all offensive operations immediately ceased, and soon a white flag was seen approaching, together with several officers. It was borne by Colonel Moreno, inspector-general of the Mexican army, who also carried a letter addressed to General Taylor. (321)

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41

The colonel proceeded to Fort Diablo, whence he was conducted by Lieutenant-Colonel Rogers to Fort Teneria, and introduced to General Hamer. By that officer he was furnished with an escort to Walnut Springs, where General Taylor then was. He delivered to the commander-in-chief the following note from General Ainpudia, written at nine o'clock the previous evening.

"Having made the defence of which I believe this city susceptible, I have fulfilled my duty, and have satisfied that military honour which in a certain manner is common to all armies of the civilized world.

"To prosecute the defence, therefore, would only result in distress to the population, who have already suffered enough from the misfortune consequent on war; and taking it for granted, that the American government has manifested a disposition to negotiate, I propose to you, to evacuate the city and its fort, taking with me the personel and materiel which have remained, and under the assurance that no harm shall ensue to the inhabitants who have taken a part in the defence."

Immediately after reading this note, General Taylor is said to have expressed his determination not to comply with its request. His answer is annexed:

"In answer to your proposition to evacuate the city and fort with all the personel and materiel of war, I have to state that my duty compels me to decline acceding to it. A complete surrender of the town and garrison, the latter as prisoners of war, is now demanded. But such surrender will be upon terms and the gallant defence of the place creditable alike to the Mexican troops and nation, will prompt me to make those terms as liberable as possible. The garrison will be allowed at your option, after laying down its arms, to retire to the interior on condition of not serving again during the war or until regularly exchanged. I need hardly say that the rights of con-combatants will be respected.

"An answer to this communication is required by twelve o'clock. If you assent to an accommodation an officer will be despatched at once under instructions to arrange the conditions."

Such an answer was totally unexpected by Ampudia. Throughout the whole siege he had behaved in a manner strangely contrasting with his former boasting proclamations, and unworthy of the high trust granted him as commandant of a capital city. It is stated on good authority, that on receiving General Taylor's note, he evinced such unmanly timidity as authorized his officers to believe that he would surrender at discretion, and that it was alone through their earnest entreaties not to be so disgraced, that he consented stil.

PROPOSED TERMS OF SURRENDER

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to negotiate. Accordingly, long before the expiration of the time appointed by the American general for receiving an answer, he desired a personal interview at a house named by himself. This was agreed to by General Taylor, and at the appointed time and place the two commanders met, [September 24th,] each attended by several officers. After the usual preliminaries, Ampudia announced, as official information, that commissioners from the United States had been received by the government of Mexico, and that a revolution had taken place in his country, since his assuming command of Monterey, which virtually nullified the orders to defend that place. A conversation followed, during which General Taylor became convinced that Ampudia's object was merely to gain time, and consequently he arose to end the conference. One of the Mexican officers then suggested the appointment of several commissioners from each army, with power to negotiate terms of capitulation. Ampudia assented. Generals Worth and Henderson, and Colonel Jefferson Davis were named on the part of the Americans, and General J. La Ortega, General P. Requena and Senor M. La Llano, governor of the province, on that of the Mexicans.

To these six individuals the negotiations for the fate of Montrrey were intrusted. They possessed, in an eminent degree, the confidence of their respective commanders; and both parties were gratified at the prospect of a speedy termination of active hostilities. General Taylor gave verbal instructions to his commissioners, on which they afterwards based the following articles.

I. As the legitimate result of the operations before this place, and the present condition of the contending armies, we demand the surrender of the town, the arms and munitions of war, and all other public property within the place.

II. That the Mexican armed force retire beyond the Rinconada, Linares, and San Fernando on the coast.

III. The commanding general of the army of the United States agrees that the Mexican officers reserve their side arms and private baggage; and the troops be allowed to retire under their officers without parole, a reasonable time being allowed to withdraw their forces.

IV. The immediate delivery of the main work now occupied t the army of the United States.

V. To avoid collisions, and for mutual convenience, the troops of the United States shall not occupy the town until the Mexican forces have been withdrawn, except for hospital purposes, &c.

VI. The commanding general of the United States agrees not to advance beyond the line specified in the second section before the

expiration of eight weeks, or until the respective governments can be heard from.

The Mexican commissioners refused to yield the city on these terms, and presented a counter proposition, in which, among other material items, they demanded permission for their soldiers to retire into the interior with their arms. This was urged not only as a inatter of soldierly pride, but of the ordinary courtesy extended by one gallant army towards another. As the American commissioners had no power to accede to such terms, the meeting rose to report disagreement.

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N hearing this result, and its cause, General Ampudia entered into a long address to prove that, al

though it was his anxious desire to avoid further bloodshed, yet the point of disagreement between the negotiators so far involved the honour of his country, that he could not yield. General Taylor having expressed his wish that no more blood might be shed, the commission met a second time, the Americans being author

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ized to concede the small arms.

The difficulty, however, was not yet settled. The Mexicans evinced that one concession had merely whetted their appetite for more, and they now demanded that the artillery might be withdrawn, since it would appear discreditable for that arm to remain, after all others had been withdrawn. The commission again rose. On ascertaining the point of disagreement, that more was demanded than the middle ground upon which the negotiation had, out of courtesy, been placed, General Taylor arose, with a determination to close the conference. While crossing the room he was addressed by a Mexican officer, and some conversation ensued. At this time General Worth requested permission to address some remarks to General Ampudia, the spirit of which was that which he had manifested throughout the negotiation-generosity and leniency, with a desire to prevent further bloodshed. After considerable conversation, the commission assembled once more, and, after much delay, agreed on the following terms:

ART. I. As the legitimate result of the operations before this place, and the present position of the contending armies, it is agreed that the city, the fortifications, cannon, the munitions of war, and all other public property, with the undermentioned exceptions, be surrendered to the commanding general of the United States forces, now at Monterey.

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