FORMATION OF THE TEXAS CONSTITUTION.

187

CHAPTER XXIII.

1845-1847.

OPENING OF THE WAR WITH MEXICO.

Acceptance by Texas of the terms of annexation - The formation and ratification of the constitution Attempts to negotiate with Mexico Work of the Mexican claims commission - The various offers to Mexico for territory - Ampudia's attack on Taylor - Polk's message to Congress and the declaration of war - The battle of Palo Alto - The battle of Resaca de la Palma - The Wilmot Proviso The battle of Monterey Appointment of Scott to the supreme command and the division of Taylor's army The battle of Buena Vista Naval operations - The conquest of New Mexico - Fremont, Sloat and Kearney in California Doniphan's expedition.

--

tion assembled at Austin on July 4, expressed the assent of the people of Texas to the terms,† and framed a constitution which was ratified on October 13, 1845, by 4,174 votes against 312. Leading provisions of the constitution were that: The legislature could not authorize a lottery or the sale of lottery tickets; could not incur a debt of more than $100,000; could not create, renew, or extend a corporation with banking or discounting privileges; or charter any private corporation unless by a two-thirds vote of both branches. The legislature was required to prohibit the issuing by in

The special messenger sent by Ty-proval.* The constitutional convenler to overtake Donelson was compelled to follow him to New Orleans where he delivered the dispatches. Donelson then set off for Galveston and finally delivered the joint resolution to Attorney-General Allen, then acting as Texan secretary of state. President Jones thought that the resolution should be submitted to the people in convention assembled, rather than to congress, since, calling for a radical change in the form of government of the republic, it was a question for the people to decide. Despite his doubts, however, Jones summoned the congress to meet June 16* and issued a proclamation authorizing the election of delegates to a convention to assemble July 4 for the purpose of framing a constitution and of taking final action regarding annexation. On June 23 the Texan congress accepted the terms of annexation, and on the same day Jones gave the resolutions his ap

* Von Holst, Constitutional and Political History, vol. iii., pp. 72-73.

* Ex. Doc. 2, 29th Congress, 1st session, vol. i.,

P. 76.

For which see Thorpe, Federal and State Constitutions, vol. vi., pp. 3546-3547. See also Schouler, United States, vol. iv., pp. 520-521; The South in the Building of the Nation, vol. iii., p. 380; Niles' Register, vol. lxvii., pp. 337-344; Garrison, Texas, p. 260; Charles W. Hall, The Admission of Texas and the Mexican War, in National Magazine, vol. xii., pp. 72-76 (1900).

For text see Thorpe, Federal and State Constitutions, vol. vi., pp. 3547–3568.

SEVERANCE OF RELATIONS WITH MEXICO.

ATTEMPTS TO NEGOTIATE WITH MEXICO.

direct channels, and became convinced that, if an official commissioner were sent to Mexico, he would be well received. Polk thereupon laid before the Cabinet a plan looking to that end, and with its approval appointed John Slidell to the mission.* Before Slidell departed, however, Polk was informed that the war feeling in Mexico was running high; that Vera Cruz was being fortified; that the government was using every effort to secure loans; that the army was being brought up to war strength, etc. Polk therefore thought it best to make a direct inquiry, and, on September 17, wrote to Black requesting the consul to ascertain if the Mexican government would receive an envoy from the United States with full powers to settle all questions in dispute.† Black replied that he had been informed that Mexico would receive a commissioner provided the United States naval force then lying off Vera Cruz were first recalled, and this was accordingly done. About the middle of October Parrott set off for Washington with a letter from Black stating that Herrera was willing to settle all matters with the United States. On November 9, 1845, he reached Washington, and the next day instructions were sent to Slidell. He was to renew the rela

*Schouler, United States, vol. iv., p. 524. † Von Holst, Constitutional and Political History, vol. iii., p. 106; Ex. Doc. 60, 30th Congress, 1st session, vol. vii., p. 12.

Ex. Doc. 60, 30th Congress, 1st session, vol.

vii., pp. 16-17.

Ibid, pp. 19-20.

VOL. VII- 13

189

tions formerly existing between the two countries, but to devote his chief attention to settling the claims of American citizens on Mexico.*

On September 10, 1838, Mexico and the United States signed a convention agreeing to arbitrate, the Mexican minister had suggested Prussia as the arbitrator, and the convention, duly approved by the United States, was sent to Mexico; but the Mexican congress neglected to ratify the convention at the right time, as it was thought the king of Prussia would refuse to act.‡ On April 11, 1839, a new convention was signed, and Ellis was sent to Mexico, but the convention was not proclaimed by Van Buren until April 8, 1840.§ There was to be a joint commission of two representatives of each power, the Prussian ambassador acting as arbitrator. The life of the commission was limited to eighteen months. On August 17, 1840, the sessions opened, but four months were spent in quibbling, and December had nearly passed before the examination of claims began.¶ During the remain

* McMaster, vol. vii., p. 434; Von Holst, Con. stitutional and Political History, vol. iii., pp. 107108.

Ex. Doc. 252, 25th Congress, 3d session, vol vi., pp. 27-32.

Jones to Forsyth, January 10, 1839, ibid, pp

21-22.

|| Statutes-at-Large, vol. viii., p. 526 et seq. § Von Holst, Constitutional and Political History, vol. ii., pp. 604-605.

¶ Adams was very suspicious of the motives of the Administration. "The convention itself and all the proceedings of the commissioners are or so very extraordinary a character that I cannot resist a very strong suspicion that it was intended

190

THE MEXICAN CLAIMS COMMISSION.

ing fourteen months the commission allowed 11 claims and the arbitrator decided 51, the whole amounting in interest and principal to $2,026,236. * But on January 30, 1843, as Mexico was unable to pay even this small amount, a treaty was negotiated by which Mexico agreed to pay the interest on the sum awarded by April 30, and the principal and accruing interest in twenty quarterly instalments thereafter. The first interest payment and the first three instalments were met, but then payments stopped. When the commission expired by limitation, 78 claims amounting to $928,627.88 were still pending before the arbitrator, and 6 others amounting to $3,336,837.85 had been presented too late for action by the commission. Late in November of 1843, therefore, in order to provide for these, another treaty was made and ratified by the Senate on January 30, 1844, but Mexico never took action.†

As Mexico could not pay in cash, it was decided to secure a cession of territory. Accordingly Slidell was instructed that, if Mexico would accept

by the Van Buren administration, not to obtain indemnification for citizens of the United States upon Mexico, but to keep open the sore and breed a war with Mexico, as machinery for the annexation of Texas to the United States. There is not a step in the whole series of transactions which has a tendency to the satisfaction, or even to the adjustment, of the claims. The convention itself is a mockery, the commission under it an imposture." - Memoirs of J. Q. Adams, vol. xi., p. 43.

* Von Holst, Constitutional and Political History, vol. ii., p. 606.

Ibid, vol. ii., pp. 634-636; McMaster, vol. vii., p. 435.

the Rio Grande from its mouth to its source and thence due north to the 42d degree, the United States would assume the claims on Mexico; and, furthermore, if Mexico would cede all of New Mexico to the United States, the latter would assume the claims against Mexico and pay her $5,000,000 in cash. If Mexico intended to cede this territory to any other power, Slidell was to offer her $25,000,000 and also the assumption of the claims for a line due west from the southern boundary of New Mexico to the Pacific, or from any point on the western boundary of New Mexico to the Pacific south of Monterey. If Mexico refused to cede Monterey, Slidell should offer $20,000,000 and the assumption of the claims for a line due west from New Mexico to the Pacific, south of the bay and harbor of San Francisco.*

Slidell arrived at Vera Cruz late in November of 1845, went to Mexico City on December 8, announced himself in writing to Peña y Peña, and requested an interview when he could present his credentials.† President Herrera referred the matter to the council of state, which decided against reception. In January of 1846, the government of Herrera was overthrown, and a provisional government

* Senate Doc. 52, 30th Congress, 1st session, vol. vii., pp. 71-80. See also Bruce, The Romance of American Expansion, pp. 141-142; Von Holst, Constitutional and Political History, vol. iii., pp.

111-112.

Ex. Doc. 60, 30th Congress, 1st session, vol. vii., p. 27.

House Ex. Doc. 196, 29th Congress, 1st session, pp. 19, 30; Von Holst, Constitutional and Political History, vol. iii., p. 202 et seq.

TAYLOR'S MOVEMENTS.