territory properly included within, and rightfully belonging to, the Republic of Texas, may be erected into a new State, to be called the State of Texas,' and on the 29th of December, 1845, it was jointly resolved that the State of Texas shall be one of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever.' Davis's Notes, Treaty Vol. (1776–1887), 1354. As to the treaty of 1839, and subsequent conventions and negotiations on the subject of claims, see Moore, Int. Arbitrations, II. 1209 et seq. "By a clause of the instrument [organizing the colony of the island of Ciare], citizens of the United States were expressly excluded from being members of that colony. This exclusion is regarded here as invidious and as directly at variance with the third article of the treaty of 1831, which stipulates for perfect equality between citizens of the United States and other foreigners who may visit or reside in Mexico. “The Mexican law forbidding United States citizens from holding real estate in that country, while that privilege is open to other aliens, may also be regarded as incompatible, if not with the letter, certainly with the spirit, of the treaty, the obvious purpose of which was to provide for equality generally between our citizens and other foreigners in that republic." Mr. Evarts, Sec. of State, to Mr. Foster, min. to Mexico, Mar. 26, 1879, May 11, 1846, President Polk sent to Congress a message declaring that American blood had been shed on American soil, and that war existed by the act of Mexico. He discussed the various causes of irritation that had existed between the two countries, and communicated to Congress certain correspondence relating to the rupture between them. By an act of May 13, 1846, 9 Stat. 9, the President was authorized to prosecute the war. Message of President Polk, May 11, 1846, S. Ex. Doc. 337, 29 Cong. 1 sess. See President Polk's Administration, by James Schouler, Atlantic Monthly (1895), LXXVI. 371. For complaints of Mexico that the United States had failed to enforce its neutrality during the revolution in Texas, and the reply of Mr. Webster, as Secretary of State, see special message of President Tyler, July 14, 1842, H. Ex. Doc. 266, 27 Cong. 2 sess.; 6 Webster's Works, 440–459. Accompanying the message are instructions from Mr. Webster to Mr. Thompson, min. to Mexico, of July 8 and July 13, 1842. As to the Santa Fé expedition and American citizens captured therein, see 6 Webster's Works, 422–440. As to the seizure of Monterey by Commodore Jones, and the disavowal of the act by the United States, see Mr. Webster, Sec. of State, to Gen. Almonte, Mexican min. Jan. 30, 1843, 6 Webster's Works, 461. As to claims against Mexico, see message of President Jackson, Jan. 5, See, also, 2 Moore, Int. Arbitrations, 1209 et seq. See, also, the following correspondence: Independence of Mexico (April, 1821), 9 Br. & For. State Papers, 369. Commercial Relations (1825), 13 Br. & For. State Papers, 415. The Panama Congress (1825-1826), 13 Br. & For. State Papers, 394, 398, 415, 428, 485, 493, 497, 978. Question of Cuba and Porto Rico (1826), 13 Br. & For. State Papers, 426, Interference of foreign powers with Spanish America (1825-1826), 13 Independence of Texas (1836), 25 Br. & For. State Papers, 1132. Boundaries and limits of Texas, 25 Br. & For. State Papers, 1075; 26 id. 8828. Political relations with Mexico (1836-1837), 26 Br. & For. State Papers, 1378. The attitude of the United States towards Texan independence (1842), 31 Br. & For. State Papers, 801. The annexation of Texas to the United States, 33 Br. & For. State Papers, 246. For instructions to Mr. Slidell, min. to Mexico, No. 1, Nov. 10, 1845, see 2. TREATY OF GUADALUPE HIDALGO. § 858. "Since the glorious victory of Buena Vista, and the capture of Vera Cruz and the castle of San Juan d'Ulloa by the American arms, it is deemed probable that the Mexican government may be willing to conclude a treaty of peace with the United States. Without any certain information, however, as to its disposition the President would not feel justified in appointing public commissioners for this purpose, and inviting it to do the same. After so many overtures rejected by Mexico, this course might not only subject the United States to the indignity of another refusal, but might, in the end, prove prejudicial to the cause of peace. The Mexican government might thus be encouraged in the mistaken opinion, which it probably already entertains, respecting the motives which have actuated the President in his repeated efforts to terminate the war. "He deems it proper, notwithstanding, to send to the headquarters of the army a confidential agent, fully acquainted with the views of this government, and clothed with full powers to conclude a treaty of peace with the Mexican government, should it be so inclined. In this manner he will be enabled to take advantage, at the propitious moment, of any favorable circumstances which might dispose that government to peace. 66 The President, therefore, having full confidence in your ability, patriotism, and integrity, has selected you as a commissioner to the United Mexican States, to discharge the duties of this important mission." Mr. Buchanan, Sec. of State, to Mr. Trist, April 15, 1847, S. Ex. Doc. 52, 30 Cong. 1 sess. The rest of the text of the instructions, together with an annexed project of a treaty, may be found at the place cited. Mr. Trist left Washington, where he was chief clerk of the Department of State, April 16, 1847. He reached Vera Cruz on May 6. November 16, 1847, Mr. Trist received instructions by which he was directed to return to the United States by the first safe opportunity. In these instructions it was stated that, after a series of brilliant victories, when the American troops were at the gates of the capital and it was completely in their power, the Mexican government had not only rejected the liberal offers of the United States but had "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, said the instructions, "attribute our liberality to fear, or they must take courage from our supposed political divisions." In this state of affairs, the President, it was said, believed that Mr. Trist's continued presence with the army could be productive of no good, but might do much harm by encouraging delusive hopes and false impressions. The President had determined not to make another offer to treat with the Mexican government, though he would always be ready to receive and consider its proposals. Mexico must now first sue for peace. Mr. Buchanan, Sec. of State, to Mr. Trist, No. 5, Oct. 6, 1847, S. Ex. Doc. 52, 30 Cong. 1 sess. 91. Mr. Trist's recall was, by direction of the President, reiterated on October 25, 1847. (Mr. Buchanan to Mr. Trist, No. 6, Oct. 25, 1847, id. 94.) When Mr. Trist received his first order of recall, it was expected that an army train for Vera Cruz would leave the City of Mexico about the end of November. Owing, however, to unexpected detentions, its departure was postponed first to the 4th of December and then to the 10th. On the latter day it started, but Mr. Trist did not go with it. On the contrary, he had determined to remain in Mexico and endeavor to conclude a peace. He understood that, under the circumstances, any action which he might take might, and probably would, be disavowed by his government, but he decided to assume the responsibility. His proposal of negotiation was accepted by the Mexican government, and plenipotentiaries were duly commissioned to negotiate with him. In about six weeks after their first conference their task was brought to an end by the signing of a treaty of peace at Guadalupe Hidalgo, February 2, 1848. Every possible provision was made for its speedy conveyance, and it reached its destination in 16 or 17 days after signature-the quickest time then ever made between the capitals of the two republics-the bearer being James L. Freaner, a native of Maryland, who is said to have been the only man in any way instrumental in determining Mr. Trist to make the attempt of which the treaty was the result. The treaty was communicated by the President to the Senate on February 23, 1848, with a message bearing date of the preceding day. In another message to the Senate, on the 29th of the same month, the President said: "I considered it to be my solemn duty to the country, uninfluenced by the exceptionable conduct of Mr. Trist, to submit the treaty to the Senate with a recommendation that it be ratified with the modifications suggested." S. Report 261, 41 Cong. 2 sess. 8-9. The treaty, as amended by the Senate of the United States, was officially communicated by the Secretary of State, March 18, 1848, to the Mexican minister of relations. On its receipt by the latter it was communicated, with the amendments, to the Mexican Congress, both houses of which were required to concur in its ratification. It was first taken up in the Chamber of Deputies, where it was adopted by a large majority, and then in the Senate, where it was passed by a vote of 33 to 5. (Id. 11.) In a despatch to Mr. Buchanan, of December 6, 1847, Mr. Trist referred As to the graves of American soldiers near Saltillo, see S. Doc. 180, 55 "I deem it to be my duty to state that the recall of Mr. Trist as commissioner of the United States, of which Congress was informed in my annual message, was dictated by a belief that his continued presence with the Army could be productive of no good, but might do much harm by encouraging the delusive hopes and false impressions of the Mexicans, and that his recall would satisfy Mexico that the United States had no terms of peace more favorable to offer. Directions were given that any propositions for peace which Mexico might make should be received and transmitted by the commanding general of our forces to the United States. "It was not expected that Mr. Trist would remain in Mexico or continue in the exercise of the functions of the office of commissioner after he received his letter of recall. He has, however, done so, and the plenipotentiaries of the government of Mexico, with a knowledge of the fact, have concluded with him this treaty. I have examined it with a full sense of the extraneous circumstances attending its conclusion and signature, which might be objected to, but conforming as it does substantially on the main questions of boundary and indemnity to the terms which our commissioner, when he left the United States in April last, was authorized to offer, and animated as I am by the spirit which has governed all my official conduct toward Mexico, I have felt it to be my duty to submit it to the Senate for their consideration, with a view to its ratification." President Polk, Mexican treaty message, Feb. 22, 1848, Richardson's Messages, IV. 573. The antecedents and effect of the treaty of Guadalupe Hidalgo are discussed in 2 Lawrence's Com. sur Droit Int. 338. The proceedings of the Senate on the Guadalupe-Hidalgo treaty, from which the injunction of secrecy has been removed, are in S. Ex. Doc. 52, 30 Cong. 1 sess. Other papers relative thereto are in H. Ex. Docs. 40, 56, 60, 69, 70, 30 Cong. 1 sess. For communications of the Secretary of State, Mr. Buchanan, and of President Polk, of February 8, 1849, as to the negotiation of this treaty, see H. Ex. Doc. 50, 30 Cong. 2 sess. Mr. Sumner, on July 14, 1870, from the Committee on Foreign Relations, to whom was referred a petition of Mr. Trist for compensation for his services, made a report from which the following passages are taken : 66 The services of Mr. Trist constitute an interesting chapter in the history of our country. As negotiator of the treaty of GuadalupeHidalgo, he exercised a decisive influence in terminating the war with Mexico, by which we were secured in the blessings of peace and in the possession also of an undisputed title to Texas, and an addition to the national domain equal in area to the present territory of Mexico, and including in its expanse the great and prosperous State of California. "Mr. Trist, while chief clerk of the State Department, and in confidential relations with Mr. Buchanan, the Secretary of State, was selected as commissioner to negotiate and conclude a settlement of existing differences and a lasting treaty of peace' with Mexico. On the 16th April, 1847, he left Washington and proceeded to the headquarters of the Army of the United States in Mexico, where for several months he labored anxiously to accomplish the object of his |