the independence of her former colonies, some peculiar advantages in trade, or some extraordinary privileges for her citizens, to the prejudice of other friendly nations." Such an arrangement, it was declared, "would be peculiarly prejudicial to the interests of this country, and would form a just ground of complaint against those whom the Government of the United States was the first to recognize in their independent character, and for whose prosperity it has never ceased to manifest the most friendly and anxious concern." Mr. Forsyth, Sec. of State, to Mr. Van Ness, No. 69, Nov. 18, 1834, MS. Inst. 10. TEXAS. § 37. "The right of one independent power to recognize the fact of the existence of a new power about to assume a position Report of Mr. Clay. among the nations of the earth is incontestable. It is founded upon another right, that which appertains to every sovereignty, to take care of its own interests by establishing and cultivating such commercial or other relations with the new power as may be deemed expedient. Its exercise gives no just ground of umbrage or cause of war. The policy which has hitherto guided the Government of the United States in respect to new powers has been to act on the fact of their existence, without regard to their origin, whether that has been by the subversion of a pre-existing Government or by the violent or voluntary separation of one from another part of a common nation. In cases where an old and established nation has thought proper to change the form of its Government, the United States, conforming to the rule which has ever governed their conduct, of strictly abstaining from all interference with the domestic concerns of other states, have not stopped to inquire whether the new Government has been rightfully adopted or not. It has been sufficient for them that it is, in fact, the Government of the country, in practical operation. There is, however, a marked difference in the instances of an old nation which has altered the form of its Government and a newly organized power which has just sprung into existence. In the former case (such, for example, as was that of France) the nation had existed for ages as a separate and independent community. It is a matter of history, and the recognition of its new Governments was not necessary to denote the existence of the nation; but with respect to new powers the recognition of their Governments comprehends, first, an acknowledgment of their ability to exist as independent states, and secondly, the capacity of their particular Governments to perform the duties and fulfill the obligations towards foreign powers incident to their new condition. Hence, more caution and deliberation are necessary in considering and determining the question of the acknowledgment of a new power than that of the new Government of an old power. "The Government of the United States has taken no part in the contest which has unhappily existed between Texas and Mexico. It has avowed its intention and taken measures to maintain a strict neutrality towards the belligerents. If individual citizens of the United States, impelled by sympathy for those who were believed to be struggling for liberty and independence against oppression and tyranny, have engaged in the contest it has been without the authority of their Government. On the contrary, the laws which have been hitherto found necessary or expedient to prevent citizens of the United States from taking part in foreign wars have been directed to be enforced. "The recognition of Texas as an independent power may be made by the United States in various ways: First, by treaty; second, by the passage of a law regulating commercial intercourse between the two powers; third, by sending a diplomatic agent to Texas with the usual credentials; or, lastly, by the Executive receiving and accrediting a diplomatic representative from Texas, which would be a recognition as far as the Executive only is competent to make it. In the first and third modes the concurrence of the Senate in its executive character would be necessary, and in the second in its legislative character. "The Senate alone, without the cooperation of some other branch of the Government, is not competent to recognize the existence of any power. The President of the United States, by the Constitution, has the charge of their foreign intercourse. Regularly he ought to take the initiative in the acknowledgment of the independence of any new power, but in this case he has not yet done it, for reasons which he, without doubt, deems sufficient. If in any instance the President should be tardy, he may be quickened in the exercise of his power by the expression of the opinion, or by other acts, of one or both branches of Congress, as was done in relation to the republics formed out of Spanish America. But the committee do not think that on this occasion any tardiness is justly imputable to the Executive. About three months only have elapsed since the establishment of an independent Government in Texas, and it is not unreasonable to wait a short time. to see what its operation will be, and especially whether it will afford those guarantees which foreign powers have a right to expect before they institute relations with it. "Taking this view of the whole matter, the committee conclude by recommending to the Senate the adoption of the following resolution: H. Doc. 551-7 "Resolved, That the independence of Texas ought to be acknowledged by the United States whenever satisfactory information shall be received that it has in successful operation a civil government, capable of performing the duties and fulfilling the obligations of an independent power.' Report of Mr. Clay, Committee on Foreign Relations, Senate, June 18, 1836, President Jackson's 1836. "No steps have been taken by the Executive towards the acknowledgment of the independence of Texas, and the whole Message, Dec. 21, subject would have been left without further remark on the information now given to Congress, were it not that the two Houses at their last session, acting separately, passed resolutions that the independence of Texas ought to be acknowledged by the United States whenever satisfactory information should be received that it had in successful operation a civil government capable of performing the duties and fulfilling the obligations of an independent power.' This mark of interest in the question of the independence of Texas, and indication of the views of Congress, make it proper that I should somewhat in detail present the considerations that have governed the Executive in continuing to occupy the ground previously taken in the contest between Mexico and Texas. "The acknowledgment of a new state as independent, and entitled to a place in the family of nations, is at all times an act of great delicacy and responsibility, but more especially so when such state has forcibly separated itself from another of which it had formed an integral part, and which still claims dominion over it. A premature recognition. under these circumstances, if not looked upon as justifiable cause of war, is always liable to be regarded as a proof of an unfriendly spirit to one of the contending parties. All questions relative to the government of foreign nations, whether of the Old or New World, have been treated by the United States as questions of fact only, and our predecessors have cautiously abstained from deciding upon them until the clearest evidence was in their possession to enable them not only to decide correctly, but to shield their decisions from every unworthy imputation. In all the contests that have arisen out of the revolutions of France, out of the disputes relating to the Crowns of Portugal and Spain, out of the separation of the American possessions of both from the European governments, and out of the numerous and constantly occurring struggles for dominion in Spanish America, so wisely consistent with our just principles has been the action of our Government that we have, under the most critical circumstances, avoided all censure, and encountered no other evil than that produced by a transient estrangement of good will in those against whom we have been by force of evidence compelled to decide. "It has thus made known to the world that the uniform policy and practice of the United States is to avoid all interference in disputes which merely relate to the internal government of other nations, and eventually to recognize the authority of the prevailing party without reference to our particular interests and views or to the merits of the original controversy. Public opinion here is so firmly established and well understood in favor of this policy that no serious disagreement has ever risen among ourselves in relation to it, although brought under view in a variety of forms, and at periods when the minds of the people were greatly excited by the agitation of topics purely domestic in their character. Nor has any deliberate inquiry ever been instituted in Congress, or in any of our legislative bodies, as to whom belonged the power of originally recognizing a new state. A power the exercise of which is equivalent, under some circumstances, to a declaration of war; a power nowhere especially delegated, and only granted in the Constitution as it is necessarily involved in some of the great powers given to Congress in that given to the President and Senate to form treaties with foreign powers, and to appoint embassadors and other public ministers, and in that conferred upon the President to receive ministers from foreign nations. "In the preamble to the resolution of the House of Representatives, it is distinctly intimated that the expediency of recognizing the independence of Texas should be left to the decision of Congress. In this view, on the ground of expediency, I am disposed to concur; and do not, therefore, consider it necessary to express any opinion as to the strict constitutional right of the Executive, either apart from or in conjunction with the Senate, over the subject. It is to be presumed that on no future occasion will a dispute arise, as none has heretofore occurred, between the Executive and the legislature in the exercise of the power of recognition. It will always be considered consistent with the spirit of the Constitution, and most safe, that it should be exercised, when probably leading to war, with a previous understanding with that body by whom war can alone be declared, and by whom all the provisions for sustaining its perils must be furnished. Its submission to Congress, which represents in one of its branches the States of the Union, and in the other the people of the United States, where there may be reasonable ground to apprehend so grave a consequence, would certainly afford the fullest satisfaction to our own country, and a perfect guarantee to all other nations of the justice and prudence of the measures which might be adopted. "In making these suggestions, it is not my purpose to relieve myself from the responsibility of expressing my own opinions of the course the interests of our country prescribe, and its honor permits us to follow. "It is scarcely to be imagined that a question of this character could be presented, in relation to which it would be more difficult for the United States to avoid exciting the suspicion and jealousy of other powers, and maintain their established character for fair and impartial dealing. But on this, as on every other trying occasion, safety is to be found in a rigid adherence to principle. "In the contest between Spain and the revolted colonies we stood aloof, and waited not only until the ability of the new states to protect themselves was fully established, but until the danger of their being again subjugated had entirely passed away. Then, and not until then, were they recognized. Such was our course in regard to Mexico herself. The same policy was observed in all the disputes growing out of the separation into distinct Governments of those Spanish-American States, who began or carried on the contest with the parent country, united under one form of government. We acknowledged the separate independence of New Grenada, of Venezuela, and of Ecuador, only after their independent existence was no longer a subject of dispute, or was actually acquiesced in by those with whom they had been previously united. It is true that with regard to Texas the civil authority of Mexico has been expelled, its invading army defeated, the chief of the Republic himself captured, and all present power to control the newly organized Government of Texas annihilated within its confines. But, on the other hand, there is, in appearance at least, an immense disparity of physical force on the side of Texas. The Mexican Republic, under another Executive, is rallying its forces under a new leader, and menacing a fresh invasion to recover its lost dominion. "Upon the issue of this threatened invasion, the independence of Texas may be considered as suspended; and were there nothing peculiar in the relative situation of the United States and Texas, our acknowl edgment of its independence at such a crisis could scarcely be regarded as consistent with that prudent reserve with which we have hitherto held ourselves bound to treat all similar questions. But there are circumstances in the relations of the two countries which require us to act on this occasion with even more than our wonted caution. Texas was once claimed as a part of our property, and there are those among our citizens who, always reluctant to abandon that claim, cannot but regard with solicitude the prospects of the reunion of the territory to this country. A large portion of its civilized inhabitants are emigrants from the United States, speak the same language with ourselves, cherish the same principles, political and religious, and are bound to many of our citizens by ties of friendship and kindred blood; and, more than all, it is known that the people of that country have instituted the same form of government with our own, and have, since the close of your last session, openly resolved, on the acknowledgment by us of their independence, to seek admission into the Union as one of the Federal States. This last circumstance is a matter of peculiar delicacy, and |