In faith whereof, we, the respective plenipotentiaries, have signed s treaty, and have hereunto affixed our seals. Done in duplicate, at the day of D. one thousand eight hundred and forty-seven. I enclose, also, a letter addressed to me by a gentleman whose me will be communicated hereafter. Being struck with the clearss and comprehensiveness, as well as the justness, of the views pressed by him in conversation with me, I requested him to comEt the substance to writing; which he has obligingly done. I beg ave to call your attention to the part relating to the point below e Paso del Norte, to which he attaches great importance in a ilitary point of view. If deemed proper, the boundary defined in y instructions might easily be modified in accordance with this ggestion (so far as regards that post) by saying, "up the middle the Rio Bravo to the 32d degree of north latitude; thence due est to a point due south of the southwestern angle of New Mexi; thence due north to the said angle; thence along the western oundary," &c. I will add, that he has not the slightest idea of hat my instructions contain on this or any other subject. Enclosed I transmit you a copy of the orders issued on the 11th nstant by the President to the Secretaries of War and of the Navy, pon the report of the Secretary of the Treasury of the day preceing, in relation to the Mexican tariff. From these you will pereive that it has been announced to the world that the government ntend to provide by the treaty with Mexico that goods imported nto any of the ports of that country, whilst in our military possesion, shall be exempt from any new import duty or charge after the onclusion of peace. This will render it necessary for you to insist pon the insertion of the ninth article of the projét in the treaty. Indeed, you may consider this as a sine qua non. Yours, very respectfully, JAMES BUCHANAN. ! 1 [No. 3.] Mr. Buchanan to Mr. Trist.-Extract. DEPARTMENT OF STATE, Washington, July 13, 1847. According to the suggestion in your despatch No. 6, you are a thorized to modify the boundary contained in your instructions, as to make it read, "up the middle of the Rio Grande to the thirt second degree of north latitude; thence due west to a point du south of the southwestern angle of New Mexico; thence due nor to the said angle; thence northward along the western line of Ne Mexico," &c., &c., &c. This modification, which would embrac the Paso del Norte within the limits of the United States, is deeme important: still you are not to consider it as a sine qua non, no suffer it to delay the conclusion of a treaty. I would suggest another and more important modification of th line; and this is, to run it along the thirty-second parallel of nort latitude from the Rio Grande to the middle of the gulf of Califor nia, and thence down the middle of the gulf to the Pacific ocean or, if this cannot be obtained, to run it due west from the south west angle of New Mexico to the middle of the gulf. Either o these lines would include within our limits the whole course of the Gila. From information derived from Major Emory, the valley o that river presents a favorable route for a railroad to the Pacific but this would sometimes pass on the one side and sometimes on the other of the bed of the stream. For this reason it is deemed important that the whole valley of that river should be included within the boundary of the United States. You are, therefore, authorized and instructed to make the first, or if this cannot be obtained, the second modification above suggested, in the line; but still with the understanding that neither of these two changes is to be considered as a sine qua non, nor is it to delay the conclusion of a treaty. In case Lower California cannot be obtained, then the line might be run on the parallel of thirty-two degrees, or due west from the southwest corner of New Mexico to the Pacific ocean. If the latter line should be adopted, care must be taken that San Miguel shall be included within our limits. Yours, very respectfully, TO N. P. TRIST, Esq., JAMES BUCHANAN. &c., &c., &c. [No. 4.] Mr. Buchanan to Mr. Trist.-Extract. DEPARTMENT OF STATE, Washington, July 19, 1847. SIR: I enclose you a duplicate of my despatch No. 3, of the 13th instant. The more I reflect upon the subject, the better am I convinced the importance of running the boundary line between the Rio rande and the gulf of California, along the thirty-second parallel - north latitude. We cannot learn that the boundaries of New exico have ever been authoritatively and specifically determined; ad difficulties might hereafter arise between the two governments - ascertaining where the southwestern angle of New Mexico is tuated. A conversation with Major Emory since the date of my st despatch, has convinced me still more of the importance of this odification. You will, therefore, in the copy of the projét of a treaty which ou are instructed to present to the Mexican plenipotentiary, if this e not too late, substitute the following, instead of the 4th article: ARTICLE 4.-The boundary line between the two republics shall ommence in the gulf of Mexico three leagues from the land, oppote the mouth of the Rio Grande; from thence up the middle of nat river to the thirty-second parallel of north latitude; from nence due west along this parallel of latitude to the middle of the ulf of California; thence down the middle of the same to the Paific ocean. It is not intended that you shall make the parallel of 32°, instead f the river Gila, a sine qua non; but yet it is deemed of great imortance that you should obtain this modification, if it be practicale. If Lower California cannot be obtained, then the line on the parllel of 32° might be extended to the Pacific ocean; taking care, in That event, to secure to our citizens, in accordance with your origial instructions, "in all time to come, a free and uninterrupted ccess to and from the ocean through the gulf of California, from and to their possessions north of the said division line." Major Emory, whilst in California, has accurately ascertained the atitude of two important points in that country. The latitude of the town of San Diego is 32° 44" 59′. The harbor is some miles south of the town. The latitude of the mouth of the Gila where it empties into the Colorado, is 32° 43′. * 1 1 No. 5.] Mr. Buchanan to Mr. Trist. DEPARTMENT OF STATE, Washington, October 6, 1847. SIA: On the 2d instant there was received at this department, from Vera Cruz, a printed document in Spanish, consisting of eight quarto pages, and entitled "Contestaceones habedas entre el Supremo Gobierno Mexicano, el General en Gefe del ejercito Americano, y el Comisionado de los Estados Unidos. This purports to give a history in detail of the origin, progress, and unsuccessful termination of your negotiations with the Mexican commissioners. The counter projét of the Mexican government is, indeed, under a the circumstances, a most extraordinary document. Its extrav gance proves conclusively that they were insincere in appointin commissioners to treat for peace, and that the armistice and subs quent negotiations were intended merely to gain time. They mu have known that the government of the United States never wou surrender either the territory between the Nueces and the R Grande, or New Mexico, or any portion of Upper California; neve would indemnify Mexican citizens for injuries they may have sus tained by our troops in the prosecution of the present just and ne cessary war; and never could, without dishonor, suffer the Mexica government to levy new duties upon goods imported into ports no in our actual possession which had already paid duties to the Un ted States. To propose such terms was a mere mockery. And her I ought to observe, in justice to yourself, that we do not believ there is any truth in the assertion of the Mexican commissioners that you had proposed (if the other terms of the treaty were mad satisfactory) to refer to your government, "with some hope of good result," the question of surrendering to Mexico that portion of the sovereign State of Texas between the Nueces and the Ric Grande, or any part of Upper California. Your original instructions were framed in the spirit of forbear ance and moderation. It was hoped, that after the surrender o Vera Cruz and the castle of San Juan d'Ulloa, the Mexican gov ernment would be willing to listen to the counsels of peace. The terms, therefore, to which you were authorized to accede, were of the most liberal character, considering our just claims on Mexico and our success in the war. New Mexico, the Californias, several of the northern States, and most of the important ports of Mexico. were then in our possession; and yet we were at that time willing freely to surrender most of these conquests, and even to make an ample compensation for those which we retained. | Circumstances have entirely changed since the date of your original instructions. A vast amount of treasure has since been expended; and, what is of infinitely more value, the lives of a great number of our most valuable citizens have been sacrificed in the prosecution of the war. In the annals of history never has there been a war conducted in the same manner by invading forces. Instead of levying military contributions for the support of our armies in the heart of our enemy's country, we have paid fair, and even extravagant prices, for all the supplies which we have received. We have not only held sacred the private property of the Mexicans, but on several occasions have fed their famishing soldiers, and bound up their wounds. And what has been the return? Treachery and cruelty have done their worst against us. Our citizens have been murdered, and their dead bodies mutilated, in cold blood, by bands of savage and cowardly guerillas; and the parole of honor, sacred in all civilized warfare, has been habitually forfeited by Mexican officers and soldiers. Those paroled at Vera Cruz have fought against us at Cerro Gordo; and those paroled at Cerro Gordo have doubtless been in The ranks of the enemy in the battles so glorious to our arms'at and ear the city of Mexico. After the battle of Cerro Gordo, the President entertained serious houghts of modifying your instructions, at least so far as greatly o reduce the maximum sums which you were authorized to pay for portions of the Mexican territory; but, wishing to afford to the world an example of continued moderation and forbearance in the midst of victory, he suffered them to remain unchanged. And what has been the consequence? After a series of brilliant victories, when our troops were at the gates of the capital, and it was completely in our power, the Mexican government have not only rejected your liberal offers, but have, Insulted our country by proposing terms the acceptance of which would degrade us in the eyes of the world, and be justly condemned by the whole American people. They must attribute our liberality to fear, or they must take courage from our supposed political divisions. Some such cause is necessary to account for their strange infatuation. In this state of affairs, the President, believing that your continued presence with the army can be productive of no good, but may do much harm by encouraging the delusive hopes and false impressions of the Mexicans, has directed me to recall you from your mission, and to instruct you to return to the United States by the first safe opportunity. He has determined not to make another offer to treat with the Mexican government, though he will be always ready to receive and consider their proposals. They must now first sue for peace. What terms the President may be willing to grant them will depend upon the future events of the war, and the amount of the precious blood of our fellow-citizens and the treasure which shall in the mean time have been expended. Should the Mexican government desire hereafter to open negotiations, or to propose terms of peace, their overtures will be immediately transmitted to Washington by the commanding general, where they will receive the prompt consideration of the President. Should you have concluded a treaty before this despatch shall reach you, which is not anticipated, you will bring this treaty with you to the United States, for the consideration of the President; but should you, upon its arrival, be actually engaged in negotiations with Mexican commissioners, these must be immediately suspended; but you will inform them that the terms which they may have proposed, or shall propose, will be promptly submitted to the President on your return. You are not to delay your departure, however, awaiting the communication of any terms from these commissioners, for the purpose of bringing them to the United States. I am, sir, very respectfully, your obedient servant, TO NICHOLAS P. TRIST, ESq., &c., &c., &c. 1 1 |