private property used or destroyed. This Department entirely concurs in the opinion of Mr. Van Zandt that practices such as these are not justifiable or sanctioned by the modern law of nations. You will take occasion to converse with the Mexican secretary, in a friendly manner, and represent to him how greatly it would contribute to the advantage as well as the honor of Mexico to abstain altogether from predatory incursions and other similar modes of warfare. Mexico has an undoubted right to subjugate Texas if she can, so far as other states are concerned, by the common and lawful means of war. But other states are interested and especially the United States, a near neighbor to both parties, are interested not only in the restoration of peace between them, but also in the manner in which the war shall be conducted, if it shall continue. These suggestions may suffice for what you are requested to say, amicably and kindly, to the Mexican secretary at present. But I may add, for your information, that it is the contemplation of this Government to remonstrate in a more formal manner with Mexico, at a period not far distant, unless she shall consent to make peace with Texas, or shall show the disposition and ability to prosecute the war with respectable forces.

"The second note of Mr. Van Zandt is dated the 24th instant and relates to the mediation of the United States for the purpose of effecting a recognition by Mexico of the independence of Texas. You will not cease in your endeavors for this purpose, but it is not expected that you will deviate from the instructions which have heretofore been given to you upon the subject."

Mr. Webster, Sec. of State, to Mr. Thompson, No. 26, Jan. 31, 1843, MS. Inst.
Mexico, XV. 221.

"In the instruction to you No. 26 of the 31st ult. you were directed to take occasion to converse with the Mexican Secretary of State upon the character of the war waged by Mexico against Texas. You will avail yourself of a similar occasion to acquaint him in the same way that this Government intends to take steps for the purpose of remonstrating with the Texan Government upon the subject of marauding incursions into Mexico, whether with a view to retaliation or otherwise. The duty of the United States as a neighbor to both those countries and as an impartial friend to both demands that no proper efforts should be omitted by us to induce them, so long as they continue in a state of war with one another, to carry that war on openly, honorably, and according to the rules recognized by all civilized and Christian states in modern times. We owe this duty to them; we owe it to the interest and character of this continent, we owe it to the cause of civilization and human improvement, and we shall discharge it with impartiality and with firmness.”

Mr. Webster, Sec. of State, to Mr. Thompson, No, 28, Feb. 7, 1843, MS. Inst,
Mexico, XV. 223.

"Near eight years have elapsed since Texas declared her independence. During all that time, Mexico has asserted her right of jurisdiction and dominion over that country, and has endeavored to enforce it by arms. Texas has successfully resisted all such attempts, and has thus afforded ample proofs of her ability to maintain her independence. This proof has been so satisfactory to many of the most considerable nations of the world, that they have formally acknowledged the independence of Texas and established diplomatic relations with her. Among those nations the United States are included, and, indeed, they set the example which other nations have followed. Under these cir

cumstances the United States regard Texas as in all respects an independent nation, fully competent to manage its own affairs and possessing all the rights of other independent nations. The Government of the United States, therefore, will not consider it necessary to consult any other nation in its transactions with the Government of Texas."

Mr. Upshur, Sec. of State, to Mr. Almonte, Dec. 1, 1843, MS. Notes to Mexico.
VI. 172, 178.

See, also, Mr. Upshur, Sec. of State, to Mr. Thompson, Oct. 20, 1843, MS.
Inst. Mexico, XV. 264; Mr. Calhoun, Sec. of State, to Mr. Green, April
19, 1844, id. 293.

"Great Britian has recognized the independence of Texas; and having done so, she is desirous of seeing that independence finally and formally established, and generally recognized, especially by Mexico... We have put ourselves forward in pressing the Government of Mexico to acknowledge Texas as independent. But in thus acting, we have no occult design, either with reference to any peculiar influence which we might seek to establish in Mexico or in Texas, or even with reference to the slavery which now exists, and which we desire to see abolished in Texas."

Earl of Aberdeen, British For. Secretary, to Mr. Pakenham, British minister at Washington, Dec. 26, 1843, Br. & For. State Papers, XXXIII. 232. For Mr. Calhoun's reply of April 18, 1844, see the same volume, p. 236. In this reply Mr. Calhoun animadverted upon the antislavery views expressed by Lord Aberdeen.

Mr. Calhoun, in a long instruction of Aug. 1, 1844, to the United States minister to France, refers to a declaration made by the King at the minister's reception, of friendliness toward the United States. This was, said Mr. Calhoun, the more gratifying as previous information was calculated to create the impression "that the Government of France was prepared to unite with Great Britian in a joint protest against the annexation of Texas and a joint effort to induce her Government to withdraw the proposition to annex, on condition that Mexico should be made to acknowledge her independence." (MS. Inst. France, XV. 8.)

Annexation.

A treaty for the annexation of Texas to the United States was signed at Washington, by Mr. Calhoun, on the part of the United States, and Messrs. Van Zandt and Henderson, on the part of Texas, April 12, 1844." It was rejected by the Senate." a S. Ex. Doc. 341, 28 Cong. 1 sess.; Br. and For. State Papers, XXXIII. 252, 262. H. Ex. Doc. 271, 28 Cong. 1 sess.; Br. and For. State Papers, XXXIII. 258.

Mr. Calhoun directed the chargé d'affaires of the United States to assure the Government of Texas that the loss of the treaty did not necessarily involve the failure of the project of annexation. It was admitted, said Mr. Calhoun, that what was sought to be effected by the treaty might be secured by joint resolution, which would have the advantage of requiring only a majority of the two Houses, instead of two-thirds of the Senate. A joint resolution for that purpose had accordingly been introduced by Mr. McDuffie, of South Carolina, in the Senate, and was laid on the table by a vote of 19 to 27, many members being absent, on the ground that there was not sufficient time to act on it. Three of the absentees, and also three who voted to lay on the table, were known to be favorable to annexation. This being so, supposing the other absentees to be unfavorable, only two Senators were required to constitute a majority of the whole number. The indications in the other House were still more favorable."

"No measure of policy has been more steadily or longer pursued, and that by both of the great parties into which the Union is divided [than the annexation of Texas]. Many believed that Texas was embraced in the cession of Louisiana, and was improperly, if not unconstitutionally, surrendered by the treaty of Florida in 1819. Under that impression, and the general conviction of its importance to the safety and welfare of the Union, its annexation has been an object of constant pursuit ever since. It was twice attempted to acquire it during the administration of Mr. Adams, once in 1825, shortly after he came into power, and again in 1827. It was thrice attempted under the administration of his successor, General Jackson, first in 1829, immediately after he came into power, again in 1833, and finally in 1835, just before Texas declared her independence. Texas herself made a proposition for annexation in 1837, at the commencement of Mr. Van Buren's administration, which he declined, not, however, on the grounds of opposition to the policy of the measure. The United States had previously acknowledged her independence, and the example has since been followed by France and Great Britain. The latter, soon after her recognition, began to adopt a line of policy in reference to Texas which has given greatly increased importance to the measure of annexation, by making it still more essential to the safety and welfare both of her and the United States."

Mr. Calhoun, Sec. of State, to Mr. Shannon, Sept. 10, 1844, MS. Inst. Mexico,
XV. 309, 313.

See Mr. Calhoun, Sec. of State, to Mr. Pakenham, British minister, April 18,
1844, Br. and For. State Papers, XXXIII. 236.

By a joint resolution, approved March 1, 1845, Congress expressed its "consent" that the territory properly included within and rightfully belonging to the Republic of Texas might be erected into a new @ Mr. Calhoun, Sec. of State, to Mr. Howard, No. 1, June 18, 1844, MS. Inst. Texas.

State, to be called the State of Texas, with a republican form of government to be adopted by the people of said Republic by deputies in convention assembled with the consent of the existing government, in order that the State might be admitted as one of the States of the Union. The consent of Congress was given upon the following conditions:

1. That the State should be formed subject to the adjustment by the United States of all questions of boundary that might arise with other governments, and that the constitution of the State, with the proper evidence of its adoption by the people of Texas, should be transmitted to the President to be laid before Congress for its final action on or before January 1, 1846.

2. That the State when admitted into the Union, after ceding to the United States all public edifices, fortifications, barracks, ports and harbors, navy and navy-yards, docks, magazines, arms, armaments, and all other property and means pertaining to the defense of the Republic, should retain all the public funds, debts, taxes, and dues of every kind which might belong to or be due and owing to the Republic, and should also retain all the vacant and unappropriated lands lying within its limits, to be applied to the payment of the debts of the Republic, and the residue of the lands, after discharging such debts and liabilities, to be disposed of as the State might direct, the debts and liabilities of the State in no event to become a charge upon the United States.

3. That new States of convenient size, not exceeding four in number in addition to the State of Texas and having sufficient population, might thereafter by the consent of Texas be formed out of its territory, which States should be entitled to admission under the provisions of the Federal Constitution; and it was further provided that such States as might be formed out of that part of the territory lying south, of 36 30' north latitude, commonly known as the Missouri compromise line, should be admitted into the Union with or without slavery as the people of each State asking admission might desire, but that in any State or States which should be formed out of the territory north of that line slavery or involuntary servitude except for crime should be prohibited.

The resolution further provided that if the President of the United States should deem it most advisable, instead of proceeding to submit the resolution to the Republic of Texas as an overture on the part of the United States for admission, to negotiate with that Republic, then that a State could be formed out of the Republic of Texas with suitable extent and boundaries, and with two Representatives in Congress until the next apportionment of representation, and should be admitted into the Union by virtue of the act on an equal footing with the existing States as soon as the terms and conditions of such admission and the cession of the remaining Texan territory to the United States should be agreed upon by the Governments of Texas and the United

States. The sum of $100,000 was appropriated to defray the expenses of missions and negotiations to agree upon the terms of admission and cession, either by treaty to be submitted to the Senate, or by articles to be submitted to the two Houses of Congress, as the President might direct.a

On December 29, 1845, the President approved a joint resolution of Congress for the admission of the State of Texas into the Union. This resolution referred to the joint resolution of March 1, 1845, and recited that the people of the Republic of Texas, by deputies, in convention assembled with the consent of the existing Government, had adopted a constitution and erected a new State with a republican form of government, and had, in the name of the people of Texas and by their authority, ordained and declared that they assented to and accepted the proposals, conditions, and guaranties contained in the first and second sections of the resolution of March 1. It further recited that the constitution, with the proper evidence of its adoption by the people of the Republic of Texas, had been transmitted to the President of the United States and laid before Congress. It was therefore declared that the State of Texas was admitted into the Union on an equal footing with the original States in all respects whatever, and that until the Representatives in Congress should be apportioned according to an actual enumeration of the inhabitants of the United States, the State should be entitled to choose two Representatives."

"Texas had declared her independence, and maintained it by her arms for more than nine years. She has had an organized Government in successful operation during that period. Her separate existence as an independent state had been recognized by the United States and the principal powers of Europe. Treaties of commerce and navigation had been concluded with her by different nations, and it had become manifest to the whole world that any further attempt on the part of Mexico to conquer her or overthrow her Government would be in vain. Even Mexico herself had become satisfied of this fact; and while the question of annexation was pending before the people of Texas, during the past summer, the Government of Mexico, by a formal act, agreed to recognize the independence of Texas on condition that she would not annex herself to any other power. The agreement to acknowledge the independence of Texas, whether with or without this condition, is conclusive against Mexico. The independence of Texas is a fact conceded by Mexico herself, and she had no right or authority to prescribe restrictions as to the form of Government which Texas might afterward choose to assume."

President Polk, First Annual Message, Dec. 2, 1845.

Texas concluded treaties with France Sept. 25, 1839; with Great Britain Nov. 13, Nov. 14, and Nov. 16, 1840, and Feb. 6, 1844; with the Netherlands Sept. 18, 1840; with the United States April 11, and April 25, 1838.