CHAPTER VIII.

THE PASTRY WAR.

1838-1839.

FOREIGN RECLAMATIONS-FRENCH DEMANDS-ULTIMATUM AND BLOCKADE— FEDERALIST AGITATION-ADMIRAL BAUDIN APPEARS ON THE SCENECONFERENCE AT JALAPA-THE MEXICAN GIBRALTAR - BOMBARDMENT AND FALL OF SAN JUAN DE ULÚA-MEXICO DECLARES WAR-EXPULSION OF FRENCHMEN-DESCENT ON VERA CRUZ-SANTA ANNA POSES AS A HERO AND MARTYR-CRITICAL CONDITION OF THE GOVERNMENT-THE MINISTRY OF THREE DAYS-SANTA ANNA CALLED TO ASSIST BUSTAMANTE -ENGLISH MEDIATION-ARRANGEMENT WITH BAUDIN-DISAPPOINTING RESULT OF THE FRENCH EXPEDITION.

AND now comes the first brush with a foreign power, the penalty of a marked national failing, unfulfilled promises. In course of the ever-increasing number of pronunciamientos, with their attendant wars and outbreaks, foreigners suffered in common with the natives in person and property, with the difference that while the latter cried in vain to a protecting government for relief, the former invoked the aid of ministers and consuls to press for goodly solace. If the diplomatic agent represented a powerful nation, he generally succeeded in obtaining a profusion ofpromises; sometimes in the shape of formal assignment of compensation; but the fulfilment was only too frequently thwarted by change of rulers and an empty exchequer.

Prominent among claimants were a number of Frenchmen, with several heavy demands dating from the time the Parian was sacked in 1828, notably one by a baker whose pastry had tempted the mob-a cir

cumstance which the bantering Mexicans seized upon to ridicule the whole affair as the pastry claims. In 1827 the French government had formed a provisional agreement with Mexico for a treaty of amity, assuring for its subjects the same guaranties as had been granted to those of favored nations. Steps were taken at different times for the conclusion of the treaty, without effect, mainly because the French objected to submit to forced contributions,' and to the option of the Mexican authorities to suspend the privilege of retail trading. Even the provisional convention had not been sanctioned by the congress, and this defect was used by the government as an additional excuse for deferring the subject.

France finally lost patience, and seeing no attempt made even to examine the claims, her representative, Baron Deffaudis, took his departure January 16, 1838, leaving the legation to a chargé d'affaires. At Vera Cruz he received despatches confirming his attitude, and inducing him to instruct French residents in the country to form an inventory of their effects. The significance of such steps could not be misunderstood, and they were placed beyond all doubt by the arrival of a French squadron under Bazoche, in March, from on board of which Deffaudis dictated an ultimatum, demanding the pay

3

'The leading cases of injury to person and property are given in the ultimatum presented in March 1838. Blanchard, San Juan de Ulúa, 229 et seq. Also, with documents and discussion in Cuevas, Espos. Dif. Francia; Méx., Doc. rel. Ultimat., 1-125, etc.; Pap. Var., lxxvii. pt ii. 1–219, cl. pts i.-ii.; Peña y Peña, Práctica Forense, iv. 1–300.

2 He was sailing out of the harbor when the French war vessel entered with the despatches.

3 Dated on board L'Herminie, March 21st. It reviews the leading causes for complaint, assassinations, robberies, and other outrages by individuals, mobs, and authorities, and the evasive attitude of the Mexican government, and demands: 1. A payment by May 15th of $600,000, at Vera Cruz, in settlement of the claims till March 1st. This amount was shown to be merely one half or one third of the sum really due, were accumulated interest added and the host of minor claims of which the minister had not received formal specification. 2. That the government should place no obstacles to the settlement of certain loans, rebate from duty, etc., due to Frenchmen and not included in these claims. 3. That certain Frenchmen unjustly imprisoned should be released, and a number of designated officials concerned in outrages removed. 4. That a perfect reciprocity be observed toward French agents

ment by April 15th of $600,000 in settlement of the reduced claims without interest, the removal of certain offending officials, and the observance of favorable reciprocity toward French residents, with exemption from forced contributions or any peremptory interference with their retail trading. The government replied on the 25th of March that the national honor could not admit a favorable consideration of the document unless the squadron retired. This dignified though somewhat abrupt answer received the approval of the congress, which that very night met in extraordinary public session to listen with tumultuous disapproval to the ultimatum. It was not expected that France would be able to carry out her threats in view of the approaching yellow-fever season along the coast and the subsequent northers, which must play havoc with both ships and crews, as indeed they did.5

No satisfaction being tendered, Bazoche on April 16th declared diplomatic relations suspended and the ports under blockade, a measure dictated, he said, and subjects, on the basis enjoyed by the most favored nation, exacting no forced contributions and excluding no Frenchmen from retail trading without due indemnity. After the frequent remonstrances made, an immediate answer might be demanded, but Deffaudis would wait till April 15th, and if satisfaction was not given he would leave Bazoche commander of the squadron, to carry out the orders he had received, by making reprisal on the maritime sources of revenue. Blanchard, San Juan de Ulúa, 229–50. Bustamante ridicules some of the claims made as absurd, laughs at the demand for reciprocity, since the French alone were enjoying the trade and other privileges, and stamps the document as a 'verdadero libelo.' Gabinete, Mex., i. 112. Rivera joins somewhat in this sentiment, but blames the Mexican government for not consenting to a joint commission for arriving at a settlement. Hist. Jalapa, iii. 350-1. This view has been accepted by many later Mexican writers, although, like Zamacois, they still object to certain features of the ultimatum.

After which it was referred to the committee on government. The government had given notice to the chambers already on February 1st of the impending demand. See comments of the press in Diario Ofic., March 27th,

etc.

5 Also from scurvy. L'Herminie alone shows the following progress of the fever. On June 15th, 23 on the sick-list, in July 74, in August 93 to 167, on September 11th, 343, and this out of 500 men! After this came a hurricane which assisted to break the pest, but inflicted damage on the shipping. Blanchard, San Juan de Ulúa, 71 et seq.

G Shortly after Señor Garro, the Mexican minister at Paris, received his passports for England, after being refused an audience by the king. Voto Nac., Sept. 25, 1838. Chargé d'affaires De Lisle left Mexico April 23d.

OPPOSITION TO BUSTAMANTE.

189

not against the nation, but against the government. This announcement was intended, while soothing the masses, to strengthen the opposition to Bustamante; and not without success, for the federalists grew more confident as they saw the supreme authorities becoming involved. Pronunciamientos increased in every direction, under the wing of Guzman in Michoacan, under Olarte in the mountains of Puebla and adjoining provinces, breaking out with particular force in Tampico, and under Urrea in Sonora and the region southward; besides which the Texan question came looming up again. Chiapas was threatened with a Guatemalan invasion, and San Luis Potosí with military mob rule, due partly to an impoverished treasury that could not provide pay for the troops or means to execute the plans of the cabinet. The president had to ask permission to contract fresh loans for meeting the difficulty, and received special powers." Orders were issued to strengthen the coast defences. Additional troops were levied and several volunteer corps formed,10 but in so spasmodic and unsatisfactory a manner as to evoke an outcry from several quarters." The government aimed rather at securing itself against the federalists and other opponents than at protecting the country. Comandante General Rincon of Vera Cruz, for instance, was directed to strengthen the fortress of San Juan de Ulúa, the so

For which see Hist. North Mex. States, ii., this series, and Hist. Cal., for the similar movement in California.

iii.,

Which went so far at least as to promote a revolution under ex-Governor Gutierrez; but it was defeated. Bustamante, Gabinete Mex., i. 67–8.

9 Decrees in Dublan and Lozano, Leg. Mex., iii. 512-34. A loan of $6,000,000 was twice enjoined, and an extra tax of $4,000,000. Details in Mex., Mem. Hac., 1838, 3 et seq.; Romero, Mem., 181-4, etc.

10 Some known as juntas de honor, others as defenders of the country. Different classes combined into distinct organizations, such as the Commercial Regiment. Mér., Col. Ley. Dec., 1839, 36–8, 90-105, 133-4, 161-3; Arri llaga, Recop., 1838, 536-9, 551-4. By decree of June 13th, the army was to be raised to 70,000 men. Id., 273-4. See also observations of Tornel, Carta, 7-25; Pap. Var., ccxix. pt. iv., concerning contract for arms. Tornel, Manifest., 1. A proposal to seize church property was defeated.

Cárlos Bustamante, member of the poder conservador, or supreme council, and professed friend of the president, came out in more than one pamphlet. Ya es Tiempo, 1-4; Males y Males; also in Voz de la Patria, MS., xiv. 203-10.

12

called Gibraltar of America, defending Vera Cruz harbor, but felt so hampered by the lack of funds that he proposed to resign. Nevertheless he presented a bold front, and Bazoche did not deem it prudent to attack the fortress with his fever-stricken ships.

The blockade, while cutting deep into the customhouse revenue, did not appear to impress the Mexicans, and France felt it necessary to act energetically on the position taken. Deffaudis had gone home to report, and in his place was sent Rear-Admiral Charles Baudin, with several ships to swell the squadron, and with full power to effect a settlement, peaceably or by force. He reached Vera Cruz toward the close of October, and sent at once a commissioner to Mexico requesting an answer to the late ultimatum.13 This led to a conference at Jalapa on November 17th between Baudin and Cuevas, minister of foreign affairs. The former insisted on the main points already presented, but while prepared to abate the additional

14

12 He had to borrow small sums from the merchants, and supply the lack of troops with local volunteers. See his Manifiesto, 17, 23, and appendix, supported by Rivera. Hist. Jalapa, iii. 356-8, 364, 384.

is The note is dated October 27, 1838, on board the frigate Néréide. It protests against the excuse that Mexico is in a state of revolution, and that foreigners choosing to reside there do so at their own risk. Such maxims are at variance with her own desire to be admitted in the sisterhood of civilized nations, and with the provisional agreement of 1827. If a nation cannot maintain order within her territory she must learn to suffer. Foreigners are useful and necessary for Mexico's prosperity and advancement. Blanchard, San Juan de Ulúa, 251-9. The note was carried by Captain Leroy.

14 Baudin's bases were: 3. Confirmation of the convention of 1827 till a regular treaty of amity could be arranged. 4. No reclamations by Mexico for French sequestrations. 5. Payment of $200,000 to defray the expenses of the expedition. The total $800,000 had to be paid within 30 days. An additional secret clause demanded that holders of the so-called 17 per cent. loan should be free to present in payment of duty the proportion thereof agreed upon. Articles 1, 2, 4, and part of 3, of former ultimatum, were insisted upon. Cuevas consented to pay, within six months after the date of the convention, $600,000 in settlement of all pecuniary responsibility prior to March 21, 1838, but required that Mexico should be at liberty to decide upon the punishment of the objectionable officials. The exemption from forced contributions or loans was no longer applicable, for the congress had decided to use no such measures in future. The other points should be submitted to English arbitration. Existing differences being settled by the acceptance of this proposal the French fleet should retire, surrendering the sequestrated vessels. Steps would at once be taken to conclude a treaty of amity and commerce, and meanwhile the most favorable reciprocity should prevail. Baudin yielded as