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IV. SPECIAL APPLICATION.

(1) MEXICO.

§ 58.

The message of President Jackson on Feb. 7, 1837, on Mexican Relations, and the
accompanying papers, will be found in Senate Doc. No. 160, 24th Cong., 2d
sess. Mr. Buchanan's report of Feb. 19, 1837, on the same, is in Senate Doc.
189, same sess. (See also documents connected with President Jackson's mes-
sage of Dec. 6, 1836, House Ex. Doc. No. 2; 24th Cong., 2d sess.; mess. of
Jan. 26, 1837, House Ex. Doc. No. 105, same sess.; message of Feb. 8, 1837,
House Ex. Doc. No. 139, same sess.; Mr. Howard's report on same, Feb. 24,
1837, House Rep., No. 281, same sess.; report of Secretary of State, Dec. 2,
1837, attached to Prest. Van Buren's message at commencement of 25th
Cong., 2d sess., Dec. 5, 1837, House Ex. Doc. No. 3.)

For a history of our early diplomatic relations with Mexico, see Mr. Van Buren,
Sec. of State, to Mr. Butler, Oct. 16, 1829; MSS. Inst., Am. St.

President Van Buren's message of April 27, 1838, giving correspondence between
the United States and Mexico, is contained in House Ex. Doc. No. 351,
25th Cong., 2d sess.

Papers connected with the organization of Texas will be found in the British and Foreign State Papers for 1835-'6, vol. 24, 1267, and in same work for 1842-23, vol. 31, 801.

The correspondence between the United States and Mexico respecting Texas, will be found in the British and Foreign State Papers, 1836-'7, vol. 25, 1075, 1132. In the same volume, 1392, will be found correspondence with Texas as to annexation.

The correspondence, in 1824-1836, relative to boundaries, and to cession of part of Texas, will be found in British and Foreign State Papers for 1837-'8, vol. 26, 828, 1379. Among these documents are instructions by Mr. Clay (Sec.) to Mr. Poinsett (Mexico), March 15, 1827, offering to purchase Texas; Mr. Van Buren (Sec.) to Mr. Poinsett, Aug. 25, 1829, to the same effect, together with a series of documents respecting the settlement of boundary between Mexico and the United States. The correspondence in 1836 between the United States and Mexico in respect to claims by the former on the latter is also given in detail, 1379-1427.

The correspondence in 1836 between the Department of State and the Mexican
mission will be found attached to the President's message of December 6,
1836, at the commencement of the 2d session 24th Congress.

For suggestions to Mexico to acquiesce in independence of Texas, see Mr. Web-
ster, Sec. of State, to Mr. Thompson, June 22, 1842; MSS. Inst., Mex.
For elaborate vindication of United States neutrality between Texas and
Mexico, see same to same, July 8, 1842, July 13, 1842.

As to history and policy of annexation of Texas, see infra, § 69, 70, 72. No matter how strongly the sympathies of the United States may be with the liberal constitutional party in Mexico, "our Government cannot properly intervene in its behalf without violating a cardinal feature of our foreign policy."

Mr. Cass, Sec. of State, to Mr. McLane, March 7, 1859; MSS. Inst., Mex. "While we do not deny the right of any other power to carry on hostile operations against Mexico, for the redress of its grievances, we

firmly object to its holding possession of any part of that country, or endeavoring by force to control its political destiny.

"This opposition to foreign interference is known to France, England, and Spain, as well as the determination of the United States to resist any such attempt by all the means in their power. Any design to act in opposition to this policy has been heretofore disavowed by each of those powers, and recently by the minister of Spain, in the name of his Government, in the most explicit manner.

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"I have already referred to the extent of the principle of foreign interference which we maintain with regard to Mexico. It is proper to add that while that principle denies the right of any power to hold permanent possession of any part of that country, or to endeavor by force to direct or control its political destiny, it does not call in question its right to carry on hostile operations against that Republic for the redress of any real grievances it may have suffered. But we insist that such hostilities be fairly prosecuted for that purpose and be not converted into the means of acquisition or of political contract."

Mr. Cass, Sec. of State, to Mr. McLane, Sept. 20, 1860; MSS. Inst., Mex. "Our relations with Mexico remain in a most unsatisfactory condition. In my last two annual messages I discussed extensively the sub. ject of these relations, and do not now propose to repeat at length the facts and arguments then presented. They proved conclusively that our citizens residing in Mexico, and our merchants trading thereto, had suffered a series of wrongs and outrages such as we have never patiently borne from any other nation. For these our successive ministers, invoking the faith of treaties, had, in the name of their country, persistently demanded redress and indemnification, but without the slightest effect. Indeed, so confident had the Mexican authorities become of our patient endurance, that they universally believed they might commit these outrages upon American citizens with absolute impunity. Thus wrote our minister in 1856, and expressed the opinion, that nothing but a manifestation of the power of the Government and of its purpose to punish these wrongs will avail."

"Afterwards, in 1857, came the adoption of a new constitution for Mexico, the election of a President and Congress under its provisions, and the inauguration of the President. Within one short month, however, this President was expelled from the capital by a rebellion in the army; and the supreme power of the Republic was assigned to General Zuloaga. This usurper was, in his turn, soon compelled to retire, and give place to General Miramon.

"Under the constitution which had thus been adopted, Señor Juarez, as chief justice of the supreme court, became the lawful President of the Republic; and it was for the maintenance of the constitution and his authority derived from it, that the civil war commenced, and still continues to be prosecuted.

"Throughout the year 1858, the constitutional party grew stronger and stronger. In the previous history of Mexico, a successful military revolution at the capital had almost universally been the signal for submission throughout the Republic. Not so on the present occasion. A majority of the citizens persistently sustained the constitutional Government. When this was recognized in April, 1859, by the Government of the United States, its authority extended over a large majority of the Mexican States and people, including Vera Cruz, and all the other important seaports of the Republic. From that period our commerce with Mexico began to revive, and the constitutional Government has afforded it all the protection in its power.

"Meanwhile, the Government of Miramon still held sway at the capital and over the surrounding country, and continued its outrages against the few American citizens who still had the courage to remain within its power. To cap the climax, after the battle of Tacubaya, in April, 1859, General Marquez ordered three citizens of the United States, two of them physicians, to be seized in the hospital at that place, taken out and shot, without crime, and without trial. This was done, notwithstanding our unfortunate countrymen were at the moment engaged in the holy cause of affording relief to the soldiers of both parties who had been wounded in the battle, without making any distinction between them.

"The time had arrived, in my opinion, when this Government was bound to exert its power to avenge and redress the wrongs of our citizens, and to afford them protection in Mexico. The interposing obstacle was that the portion of the country under the sway of Miramon could not be reached without passing over territory under the jurisdiction of the constitutional Government. Under these circumstances, I deemed it my duty to recommend to Congress, in my last annual message, the employment of a sufficient military force to penetrate into the interior, where the Government of Miramon was to be found, with, or, if need be, without the consent of the Juarez Government, though it was not doubted that this consent could be obtained. Never have I had a clearer conviction on any subject than of the justice, as well as wisdom, of such a policy. No other alternative was left, except the entire abandonment of our fellow-citizens who had gone to Mexico under the faith of treaties to the systematic injustice, cruelty, and oppression of Miramon's Government. Besides, it is almost certain that the simple authority to employ this force would of itself have accomplished all our objects without striking a single blow. The constitutional Government would, then, ere this have been established at the city of Mexico, and would have been ready and willing, to the extent of its ability, to do us justice.

"In addition, and I deem this a most important consideration, European Governments would have been deprived of all pretext to interfere in the territorial and domestic concerns of Mexico. We should thus

have been relieved from the obligation of resisting, even by force, should this become necessary, any attempt by these Governments to deprive our neighboring Republic of portions of her territory, a duty from which we could not shrink without abandoning the traditional and established policy of the American people. I am happy to observe that, firmly relying upon the justice and good faith of these Governments, there is no present danger that such a contingency will happen. "Having discovered that my recommendations would not be sustained by Congress, the next alternative was to accomplish, in some degree, if possible, the same objects by treaty stipulations with the constitu tional Government. Such treaties were accordingly concluded by our late able and excellent minister to Mexico, and on the 4th of January last were submitted to the Senate for ratification. As these have not yet received the final action of that body, it would be improper for me to present a detailed statement of their provisions. Still, I may be permitted to express the opinion in advance, that they are calculated to promote the agricultural, manufacturing, and commercial interests of the country, and to secure our just influence with an adjoining Republic as to whose fortunes and fate we can never feel indifferent; whilst at the same time they provide for the payment of a considerable amount towards the satisfaction of the claims of our injured fellow-citizens."

President Buchanan's Last Annual Message, 1860.

"That Republic (Mexico) has been in a state of constant revolution ever since it achieved its independence from Spain. The various constitutions adopted from time to time had been set at naught almost as soon as proclaimed; and one military leader after another, in rapid succession, had usurped the Government. This fine country, blessed with a benign climate, a fertile soil, and vast mineral resources, was reduced by civil war and brigandage to a condition of almost hopeless anarchy. Meanwhile, our treaties with the Republic were incessantly violated.

"Our citizens were imprisoned, expelled from the country, and in some instances murdered. Their vessels, merchandise, and other property were seized and confiscated. While the central Government at the capital was acting in this manner, such was the general lawlessness prevailing that different parties claiming and exercising local authority in several districts were committing similar outrages on our citizens. Our treaties had become a dead letter, and our commerce with the Republic was almost entirely destroyed. The claims of American citizens filed in the State Department, for which they asked the interposition of their own Government with that of Mexico to obtain redress and indemnity, exceeded $10,000,000. Although this amount may have been exaggerated by the claimants, still their actual losses must have been very large.

"In all these cases, as they occurred, our successive ministers demanded redress, but their demands were only followed by new injuries. Their testimony was uniform and emphatic in reference to the only remedy which in their judgment would prove effectual. Nothing but a manifestation of the power of the Government of the United States,'

wrote Mr. John Forsyth, our minister in 1856, 'and of its purpose to pun ish these wrongs will avail. I assure you that the universal belief here is that there is nothing to be apprehended from the Government of the United States, and that local Mexican officials can commit these out rages upon American citizens with absolute impunity.'

"In the year 1857 a favorable change occurred in the affairs of the Republic, inspiring better hopes for the future. A constituent Congress, elected by the people of the different States for this purpose, had framed and adopted a republican constitution. It adjourned on the 17th of February, 1857, having provided for a popular election to be held in July for a President and members of Congress. At this election General Comonfort was chosen President, almost without opposition. His term of office was to commence on the 1st of December, 1857, and to continue for four years. In case his office should become vacant, the constitution had provided that the chief justice of Mexico, then General Juarez, should become President until the end of the term. On the 1st of December, 1857, General Comonfort appeared before the Congress then in session, took the oath to support the constitution, and was duly inaugurated.

"But the hopes thus inspired for the establishment of a regular constitutional Government soon proved delusive. President Comonfort, within one brief month, was driven from the capital and the Republic by a military rebellion headed by General Zuloaga; and General Juarez consequently became the constitutional President of Mexico until the 1st day of December, 1861. General Zuloaga instantly assumed the name of President, with indefinite powers; and the entire diplomatic corps, including the minister from the United States, made haste to recognize the authority of the usurper without awaiting instructions from their respective Governments. But Zuloaga was speedily expelled from power. Having encountered the resistance of the people in many parts of the Republic, and a large portion of the capital having 'pronounced' against him, he was in turn compelled to relinquish the Presidency. The field was now cleared for the elevation of General Miramon. He had from the beginning been the favorite of the so-called 'church party,' and was ready to become their willing instrument in maintaining the vast estates and prerogatives of the church, and in suppressing the liberal constitution. An assembly of his partisans, called together without even the semblance of authority, elected him President, but he warily refused to accept the office at their hands. He then resorted to another but scarcely more plausible expedient to place himself in power. This was to identify himself with General Zuloaga, who had just been deposed, and to bring him again upon the stage as President. Zuloaga accordingly reappeared in this character, but bis only act was to appoint Miramon President substitute' when he again retired. It is under this title that Miramon has since exercised military authority in the city of Mexico, expecting by this stratagem to appropriate to himself the recognition of the foreign ministers which has been granted to Zuloaga. He succeeded. The ministers continued their relations with him as President substitute' in the same manner as if Zuloaga had still remained in power. It was by this farce, for it deserves no better name, that Miramon succeeded in grasping the Presidency. The idea that the chief of a nation at his own discretion may transfer to whomsoever he please the trust of governing, delegated to him for the benefit of the people, is too absurd to receive a moment's countenance. But when we reflect that Zuloaga, from whom Miramou

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