Review of the relations between the United States and Mexico, and of the claims of citizens of the United States against Mexico

II V

B.EVIEW

OF

THE RELATIONS

BETWEEN

THE UNITED STATES AND MEXICO,

AND

OF THE C L AIMS

OF

CITIZENS OF THE UNITED STATES AGAINST MEXICO.

BY RICHAED S. COXE.

NEW YORK: WILSON & CO., 15 SPRUCE STREET

REVIEW

OF

THE RELATIONS

BETWEEN

THE UMTED STATES AND MEIICO,

AND

OF THE CLAIMS

OF

CITIZENS OF THE UNITED STATES AGAINST ^lEXICO.

BY PuICHARD S'. COXE.

NEW YORK :

WILSON & CO., 15 SPRUCE STREET 1846.

GIFT

TEXAS. ^7

Introduction

In presenting the following papers to the public in their present shape, it seemed proper to accompany them with a brief exposition of the circmnstances in which they originated, and of the reasons to which they owe their existence. They have already appeared in the columns of a newspaper— the first series in the Richmond Enquirer, and the residue in the Union. The parties at whose instance they were prepared, have judged it expedient to republish them ; while others have concurred in this design, under the impression that they embodied, in a condensed form, much valuable information upon topics of general importance. The present aspect of the relations between the United States and ^Mexico is full of interest. Whether or not there will be a formal declaration of war, seems yet to be a matter of uncertainty ; but whether that event should or should not occur, the affairs of the two governments have reached a point, and assumed a character, which imperatively demand that the subjects of controversy, w^hich have so long existed, should be brought to a definite settlement. The causes of complamt have been of long standing, and of an irritating nature. The amicable feelmgs which once bound the two nations together, have been obliterated. ]Mutual estrangement has succeeded, and terms of recrimmation have been exchanged, rousing on either side the angry passions of the respective parties. It is not possible much longer to postpone the adjustment of these controveries. They must be terminated through the instrumentality of war, or by amicable arrangement. The number and character of the reclamations of the parties seem to preclude the possibility of a pacific settlement. The claims of citizens of the United States, for remuneration for alleged infractions of their rights of person and property, cannot be estimated at a smaller amomit than ten millions of dollars. The character of the outrages in which these claims originated has imposed upon the government the imperative obligation to demand, and, if necessaiy, to enforce, their hquidation. Ever}^ day swells the amount of compensation to which the parties are entitled, and increases the incapacity of Mexico to provide for their payment. They must either be adjusted and paid, or tamely relinquished. The latter alternative, involvmg a renunciation of every national duty, and the violation of the most positive national pledges, cannot, for a moment be anticipated. It may be assumed as a positive certainty, that the payment must be vohmtarily made, or enforced by all the power of the nation. It is unnecessary to state that voluntary payment by Mexico, in any form, or to any extent, is utterly hopeless.

In addition to every other impediment which, for many years, has interposed to prevent Mexico from doing justice to the injured citizens of the United States, she has herself, within the last few months, found either substantial causes of complaint against our own government, in its proceedings and measures in relation to Texas, or at least pretexts upon which she asserts that the balance of injury is on her side. She alleges, that, in originally populating Texas with our own citizens, in the severance of that State from the residue of the republic, and finally in annexing her to our Union, we have violated every principle by which one nation should regulate its intercourse with its neighbors, trampled upon all the obligations of solemn treaties, outraged the most clearly defined rights of Mexico, and sacrificed justice and equity upon the altar of an unscrupulous and grasping spirit of self-aggrandizement.

With such discordant views of their mutual rights and obligations, it is idle to hope that the two parties can arrive at an amicable and pacific adjustment of their difierences. For either to yield, would be to submit, without a struggle, to all the consequences of an unsuccessful war, and to abandon every ground which has been deliberately and publicly assumed. The American government cannot retrace its steps. It cannot annul the compact by which Texas has become " bone of our bone, and flesh of our flesh." It cannot admit that its conduct merits the harsh epithets which have been applied to it by Mexico and her friends. As little can she retract what she has so repeatedly urged on the subject of the claims of her citizens for remuneration and indemnification. She has proclaimed that, in the perpetration of the outrages of which she complains, Mexico has violated our just rights, and that it is the paramount duty of the government to afford ample protection to her citizens, and to enforce, if necessary, with all the power of the nation, full compensation for the wrongs they have sustained from a foreign power. She has sanctified and solemnized the obligation growing out of the relation of government and citizen, by the most deliberate assurances that this obligation is recognized, and the most distinct pledges that his duty shall be fulfilled.

In this posture of things, it seems vain to expect that specific relations can long subsist between the two nations. Each professes to have grounds of complaint against the other, which it asserts to be just and reasonable ; and each has pledged itself to maintain its rights at every hazard. Temporary causes may intervene, and prevent an immediate resort to arms by either power ; but the causes of war cannot be removed, and they must continue to increase in number and to augment in strength, till they bear down every barrier which wisdom or policy may interpose to prevent the final catastrophe.

Such being the relations at present subsisting between the two nations, and such their probable issue, it is incumbent upon every citizen of the

United States to inform himself of the true merits of the controversy, and to lend his aid, however feeble that may be, in enlightening the public mind upon the subject. His country and his government have been made the objects of the most severe denunciation, not only by the antagonist party, but by many of our own citizens, whose character and position confer upon them extensive influence. The acts of Mexico have been vindicated or palliated, while the conduct of the United States has been violently condemned. It is equally our right and our duty to examine the subject, and to determine, in the spirit of justice, stimulated but not blinded by the impulses of patriotism, whether we are as a nation guilty or not guilty of the crimes laid to our charge.

It is the purport and design of the following papers to examine and discuss this interesting question. The result to which the writer's mind has been brought, will be apparent on perusing what he has written. Entertaining the fullest confidence in these conclusions he submits them to the candid consideration of his countrymen, of all parties and of all localities, with a firm assurance in his own mind, as well as of the truth of the facts which he has stated, as of the validity of the inferences which he has deduced. It may be permitted him to add, that, had his investigations conducted him to a different result, and convinced him that his country had merited the reproaches which have been cast upon her — that her conduct had been disgraced by injustice to a weaker neighbor — that her character had been sullied by a propensity to rapine and to robbery — he w^ould have mourned in silence over the tarnished honor of his nation. He would have preferred, like the virtuous son of the ancient Patriarch, rather to have cast a mantle over the nakedness of a beloved parent, than with sacrilegious hands to have exposed it to the contemptuous gaze of a cold and unfeeling world. '

It is now somewhat more than five years since the writer was employed professionally to conduct the cases of several citizens of the United States, who had claims upon Mexico, growing out of injuries inflicted upon them by the hands, or under the sanction, of public functionaries of Mexico. A convention had recently been consummated between the tw^o powers, providing for the organization of aboard of commissioners to examine and adjust claims of this description. A full intercourse with the intelhgent gentlemen who were his clients, and subsequently with others, supplied a mass of mformation as to the history and present state of Mexico, which with such published works, as were accessible, and a large number of written documents, (including the entire diplomatic correspondence between the two goverments which had been communicated to Congress), furnished the means of indulging a curiosity to trace, in detail, the entire history of the relations w^hich had subsisted between the two nations.

A mass of materials was thus accumulated, which, under less favorable circumstances, could not readily be collected by a single individual ; and which would probably have been neglected by any one who had not been stimulated by collateral considerations to avail hunself of the opportunities thus afforded. The interest which originally prompted to the task, was daily increased iii pursuing the investigation of the subject. Those sensibiUties to the honor and dignity of his country, which it behooves every American citizen sedulously to cherish ; — that indignation, which the recital of gross and unprovoked wrong is calculated to mspire ; — that sympathy, which severe and unmerited suffering awakens — were all powerfully roused by the continually recurring narratives of Mexican perfidy, rapme, and cruelty. It was manifest that the national honor had been wantonly and systematically assailed ; — that the lives, the property, and the rights of our citizens had been endangered and violated ; — that the laws of nations had been continually trampled upon, and the most solemn and precise treaty stipulations daily disregarded. Such appeared not as msulated and occasional incidents, but as the uniform and unvaried character of the relations which had subsisted between two contiguous nations. So few and remote were the exceptions, that the conduct of Mexico towards American citizens may almost literally be characterized as " nulla virtute redemptmn."

While such were the traits exhibited by the one party, the deportment of the United States, as well government as people, manifested the most striking contrast. It had been marked throughout by magnanimity and forbearance, by generosity and patient endurance. During the period when Spain was rent by the convulsions which upheaved Europe from its foundations — when the struggles between the emperor of France and the Spanish nation were exhaustmg the strength and resources of the parent country, as well as of her American colonies — the United States were X)resented with the most favorable opportunities for displaying and gratifying that lust of aggrandizement which has at times been most unscrupulously and falsely attributed to the people and government of this Republic. There was no necessity to invent or fabricate pretexts for plunging into hostilities, and wrenching by force, from the impotent hands of Spain, her most valuable territories, as an indemnity for the wrongs she had inflicted, and payment of the remuneration which she justly owed. We had many and aggravated causes which would have justified a resort to war ; and the consequences of a declaration of hostilities could scarcely be regarded as doubtful. Our own will would have fixed the only limit to our power to appropriate to ourselves the Spanish dominions on this continent. Instead of resorting to such measures of redressing our wrongs, we patiently waited until the termination of the great wars in. Europe left Spain, disembarrassed from this tremendous conflict, which for years had been waging in every corner of her realm, free to listen to our solicitations for justice.

So far from pressing upon Spain in her hour of need, the American government discountenanced various attempts which were made to overthrow the Spanish authority in the New World. It is unnecessary to do more than to allude to the vigorous measures which were adopted to aiTest the movements of Miranda, and to defeat the projects of Burr. When Spain became relieved, our demands upon her were adjusted upon terms the most generous and liberal in their character, to that gallant and suffering nation. We relinquished every claim for pecuniary- compensation from her exhausted treasury and impoverished people. We ceded our entire claim to the magnificent territory lying between the Sabine and the Rio del Norte. We relinquished this claim, v/hich, while some may undertake to controvert its clear and perfect validity, none can deny to have rested on such a plausible foundation as to have stimulated the cupidity of a more ambitious and less scrupulous power. For all hese concessions, made by a powerful to a weaker nation, we received from Spain the cession of Florida, to one-third of which we had long asserted a paramount title, and that title had now been ripened by a contmuous peaceable possession, and which, if her title had been undisputed, was valueless in the hands of Spain, from her inability to defend it. Such were the exhibitions of that encroachmg and aggrandizing spirit, which has been thought to justify severe animadversions from a community, which, centralized in a small island, has extended her sway beyond the limits of Alexander's conquests and whose banner floats over a wider region than the Roman eagle ever ventured to gaze upon — whose foreign territories comprehend a population of one hundred millions.

Not long after the tenuination of her European contests, Spain found herself involved in the struggle which her American colonies had instituted to emancipate themselves from her yoke. A congeniality of feeling, and an almost identification of principle with the people of the United States during a similar contest, led our people and oiu: government to feel and express a warm sympathy with the infant republics just emerging into existence. We afforded them eveiy encouragement which was compatible with our neutral position. Many of our citizens volunteered to peril their lives in maintaining the cause of freedom. We availed ourselves of the earliest opportunity^ to recognise the establishment of that mdependence which was yet hardly achieved — exerted our influence to procure a similar recognition from the leading powers in Europe — and labored to create a combination with them, to induce Spain to desist from further efforts at subjugation, and to crown the result by her free acknowledgment of the ind(;pendence of her ancient colonies. In all these movements, no eye, but one jaundiced by the most morbid suspicion, can discover aught but the most sincere and disinterested attachment to the great and noble cause of liberal and free institutions. Instead of availmg ourselves of the promuieut position which we occupied on this continent, and of our commanding strength to enlarge our boundaries by new acquisitions of territory, we studiously avoided every act and every ^vord which indicated any desire of personal advantage. Instead of seeking to procure for ourselves those conunercial privileges which the services we had rendered might have fmiiished us with grounds of claiming as a right, we refused to receive them as a voluntary tribute of gratitude for our exertions in behalf of these infant nations. We peremptorily declined to accept any advantages in trade, which were not extended to the rest of the Chi-istian w^orld ; and the only suggestion which we offered, or would hsten to, of the grant of peculiar or exclusive rights, was in favor of Spain — the very nation whom we were accused of wronging, but who, in fact, had per23etrated upon us the most grievous iiijimes.

Through our intervention mainly, Mexican independence was consummated, and universally acknowledged. Animated, or professing to be animated, by the same liberal principles which had guided us in analogous circumstances, Mexico assumed, as the basis of her constitution of government, the same doctrines w^iich had guided our fathers in Constructing our mstitutions. With few and comparatively unimportant modifications, she adopted the main features of the frame of government under which we had advanced with unparalleled rapidity in strength, prosperity, and happiness.

Gratified by these manifestations of a community of feeling, and anticipating from such indications a more cordial and harmonious intercourse than had ever before subsisted between distinct communities, again the people and the government of the United States received the IMexicans with almost fraternal affection. Our citizens, enticed by the alluring prospects presented to them in this new field of enterprise, encouraged by the flattering invitations by which they were tempted, confiding in the good faith of a people towards whom w^e had uniformly exhibited nothing but kindness and generosity, and whose institutions were so similar to our own, emigrated in great numbers to Mexico, and carried with them to their new abodes wealth, skill, and enterprise, to be now employed in the development of the resources, and the augmentation of the strength of their adopted country.

In thus contributing to the aggrandizement of our sister republic, we cherished the firm belief, and the confident expectation, that we were knitting the two nations together by the strongest and most enduring cords by which separate communities can be connected. Our commercial interests, our agricultural products, the various occupations of industry in every department, promised the most diverse, yet most harmonious sources of mutual advantage. Each was deficient in what was superabundant in the other.

Under these auspicious circumstances, feelings of mutual confidence, and habits of the most harmonious and unfettered intercourse, were equally natural and advantageous. Treaties were arranged between the two nations, adjusting all those questions of boundary which might threaten collision, and embodying in the form of solemn compacts the generous and enlightened principles of a humane and philosophic policy. Everything prognosticated an uninterrupted career of tranquillity and prosperity.

These anticipations, so gratifying to the philanthropist and the statesman, were not, however, doomed to be realized. It soon appeared that the inhabitants of Mexico, habituated to the demoralizing and degrading oppression of a stern and unrelenting despotism, were but indifierently qualified for the mild and moral restraints of republican institutions. The yoke which Spain had so long fastened upon their necks, was, it is true, broken; but the breaking of their political fetters did not confer the capacity to comprehend or to enjoy the sweets of hberty. The corrupt tendencies generated under their ancient influences, now hberated from the restramts imposed by their colonial system of government, were only permitted to expand more luxuriantly and more vigorously under their new institutions. All the vices and iniquities Avhich the slave had learned were now practised by the freemen, clothed with the accumulated strength and energy which freedom had communicated. All subordination to law and government disappeared. The soldiery became the mere organs of political revolutions. Anarchy ruled the entire land ; and the most energetic and most intellectual — at the same time the most unprmcipled — became the exclusive possessors of sovereign authority. Revolution succeeded revohition. The forms of a republic were, to a certain extent, preserved ; but they exerted no greater influence, and commanded no greater respect, than they had done in ancient Rome, after every vestige of liberty had been erased by the Praetorian guards of the Emperor.

In such a position of the country, where the law yielded no protection to the native, it could not be expected to afford a shield to the foreigner. Rapine and murder stalked unchecked through the land, and atrocities were daily perpetrated, which were justly characterized, by one of our distinguished statesmen, as barbarities without paraflel or precedent m the annals of civilisation. Citizens of the United States, possessing more vigor of character, more industry, more skill m business, than the natives, soon became conspicuous for their prosperity and wealth, and, thus elevated, became temptmg objects to rouse tha cupidity of their neighbors. In vain did they appeal to the constituted authorities of the land for that protection which had been guarantied by the most precise treaty stipulations ; the public functionaries were too generally the actors or the accomxplices in the deeds of cruelty and oppression, to afford them either security or redress. In vain did they invoke the mterposition of their own government ; the remonstrances of diplomatists were whoHy ineffective. The facts which they alleged were either denied with the most unblushing disregard to truth, coolly passed by with contemptuous indifference, or met with vague and indefinite promises of inquiry and compensation, which, in postponing the demand, accomplished every purpose which was either desired or designed. The annexed papers furnish, from authentic sources, a brief but faithful narrative of this portion of Mexican history.

At and prior to the time when Santa Anna overthrew^ the existing constitution, obhterated the confederated republic, and constructed on its ruins a military despotism, numerous Americans had established themselves throughout the various provinces of JNlexico, and had engaged in a prosperous career in every department of industry. The conmierce between the two nations had, in a brief period, swehed to an amount exceedmg nine miflions of dohars annually. Steam vessels navigated their rivers ; miffs were erected for the purpose of cutting their immense forests of valuable timber ; plantations of cotton, sugar, and coffee were established ; and the natural resources of the country were rapidly developing to the great advantage of the nation, and of the individuals interested in these improvements. This scene of prosperity was, however, speedily changed. Every engme of oppression was put in motion, to outrage and to expel this most invaluable population, and thus to extinguish these prolific sources of public and of private wealth. A feeling of intense and indiscriminate hatred to foreigners was artfully fomented ; and, without remorse, without any effort to arrest the act, without any apprehension of punishment following the offence, the lives of American citizens were rutlilessly sacrificed, millions of property pillaged or destroyed, and all the pm'suits of busmess wantonly annihilated.

Resistance to the designs of Santa Anna was attempted in several of the States of Mexico ; but all opposition was speedily quelled by the sword of the despot, and the bayonets of his soldiery, save only in the frontier state of Texas. From various circumstances, it had occurred that a larger proportion of Americans and foreigners had established themselves in that province than in any other portion of the territory of the republic. Although feeble in numbers, they were undismayed by the defection Avhich was elsewhere manifested, and, inspired by the love of free institutions, they determined to protect their constitution, and to defend their rights against the usurper. It is an entire perversion of the truth to assert that Texas ever revolted against a sovereignty to which she owed allegiance, or revolutionized an established government. She maintained her institutions against the efforts of Mexico to overthrow them, and adhered loyally to the constitution which the residue of the republic labored to subvert, or were impotent to preserve. Her glorious victory at San Jacinto confirmed her mdependence of the new central sovereignty, which Santa Anna had succeeded in establishing ; and Texas became for ever separated from what, under new political institutions, still continued to claim the name of the JMexican Republic.

Havmg consuimnated this act of separation, Texas was shortly after recognized as a distinct and independent state, by the United States and other principal powers of the world. Mexico persisted in her efforts to reduce her to subjection ; but the war, in consequence of the imbecility of Mexico, continued to languish, and degenerated into a miserable but annoying system of marauding forays. Under these circumstances, the citizens of Texas conceived the idea of associating themselves with this Union. This project, after encountering many and serious impediments, has at length been perfected by the almost unanimous voice of the great body of ker people, and been ratified by the constituted authorities of both nations.

In reviewing the history of the relations between the United States and Mexico, it will be seen that the latter has rarely found, in the conduct of the former, any pretext for complaint. The proceedings of our government in relation to Texas have furnished ahnost the only acts which Mexico has even pretended to charge as unjust or injurious to her. These proceedings, up to a very recent period, have been thoroughly vindicated in the reply of Mi. Webster to the arrogant communication of Mr. Bocanegra to the diplomatic corps. Tn relation to the recent act of annexation, ]\Iexico has alleged, as she did in the preliminary proceedings, that we have violated her clearly-ascertamed national rights, as well as our owm solemn treaty engagements. The imputation involves the violation of good faith, and a breach of positive contract. If the accusation is well founded, the act cannot be too severely reprobated, or too harshly condemned. If unjust, it should be proudly and indignantly repelled. An attempt has been made, m the first series of the subjoined papers, to exhibit the true merits of this question in a fair and dispassionate form.

It will be readily perceived that the principal object aimed at in these papers, has been to show that ^Mexico has not even a plausible pretext for assailing the honor and integrity of this nation, in reference to the subject of Texas; that the charge' of infracting the law of nations, of violating treaties, or in any shape or to any degree impairing her rights, is utterly groundless. It is only in this aspect that the question has been, handled. Considered in this point of view, it forms an important item in the history of our relations with Mexico, which it has been the exclusive object of the entire series of these articles to illustrate. It did not fall within the scope of the ■\:\Titer to vindicate the act on any grounds that were purely domestic. How far the measure wasui accordance with our interests and policy — how far it was in conformity with the principles of our constitution — are questions certainly of grave importance. They have been discussed elsewhere w^ith consummate ability. Upon them the author entertains the most decided opinions ; and these opinions have been expressed, without hesitation or reserve, on other occasions. To discuss them on this occasion, would be a departure from the exclusive object of the present pubhcation, which is restricted to the shigle point of vindicating the honor, integrity and good faith of this country in all her relations witli Mexico, and exhibitmg in their true character our dealings with that nation.

If these papers— which, so far as regards the form which they assmne, have been written " currente callamo," amid other and engrossing occupations — shall be instrumental in vindicating, in the eyes of our o\\ti citizens, our common country from the aspersions so falsely or iguorantly cast upon it, as mstigated by a reckless spirit of aggrandizement to perpetrate injustice upon a neighbormg community— of urging demands upon it, which have no foundation in justice — of asserting claims which have no substantial existence ;— if they shall have exhibited in their true colors and just proportions the character of Mexico, and the imperative obligations which rest upon this government to persist in every claim which we have asserted, until Mexico shall either voluntarily engage, or, by the apphcation of the whole power of the nation, be compelled to atone for the multiple d WTongs she has mflicted, to compensate for the grievous mjuries which our citizens have suffered at her hands, to atone for the insuhs she has offered to our flag and to our government, the object sought to be attained will have been fully accomplished. The honor of the country, the outraged rights of our people, demand imperatively that these results shall be attained ; and the government will be recreant to its own duty and its own character, if it shall fail to attain them all.

RICHARD S. COXE.

Washington, September 10, 1845.

There is an inherent love of honor and of justice prevadingthe public mind in this country, ^yhich no man, who duly appreciates the character of the American people, will be so senseless or so narrow-minded as for a moment to suppose is confined to any particular section of the Union, or exclusively enjoyed by any particular party. This deference to principle is co-extensive with our institutions, and as widely spread as our territorial limits. Yet it is perfectly obvious that it is by appeals to this moral sense of the community that much of the feeling antagonistic to the annexation of Texas has been assailed. With how much justice this has been done, will appear from a calm and deliberate examination of the subject.

In common with others, both Mr. Clay and Mr. Van Buren, in the exhibition of their views, appear to have fallen into a capital error, which has given but too much color to these imputations, upon the principles and motives of those who differed with them in opinion, and which it is not easy to reconcile with the long and practical experience which both of those gentlemen have had in public affairs. They have urged, as the chief foundation of their hostility to the measure of annexation, as it was presented at the last session of Congress, that it would involve a serious injury to the subsisting rights of Mexico. They have intimated that, in their judgment, the connection which at one time existed between Mexico and Texas still continues ; that this connection cannot be rightfally and absolutely dissolved without the express or implied assent of both parties ; and that, notwithstanding the public declaration by Texas that this connection had terminated, the actual enjoyment of her independence, and the formal recognition of this independence by the United States, and several of the leading sovereigns of Europe, still, to certain purposes, Mexico retains her original claim to the sovereignty of the country ; and thiit, until this right of Mexico shall be formally yielded by her, or, through some indefinite lapse of time, shall be impliedly relinquished, Texas remains, and must remain, in the view of public and national law, a constituent part of the Mexican territory. They consequently insist, that, in this posture of affairs, the United States have no right, and cannot, without a manifest violation of the prior and unquestioned right of Mexico, form a union with Texas, and, even with her free and full consent, receive her into our Union as an integral part of our Republic.